HomeMy WebLinkAbout20051848.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-1058
APPLICANT: Francisco Garcia
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B or RE-3300; pt of the W2NE4 of Section 5, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone for Eight Estate Lots and one Agricultural Lot and
11.2 acres of open space (Las Haciendas PUD).
LOCATION: South of and adjacent to State Hwy 60; 1/4 mile west of CR 5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as
follows:
A. Section 27-6-120.8.6.a The proposal is consistent with any intergovernmental agreement
in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements),
Chapter 22(Comprehensive Plan), Chapter 23(Zoning), Chapter 24 (Subdivision) and
Chapter 26(Mixed Use Development) of this Code. The proposed site is not influenced
by an Inter-Governmental Agreement. The proposal is consistent with the
aforementioned documents as follows:
1. Section 22-2-60.A, A.Goal 1 -- "Conserve agricultural land for agricultural
purposes which foster the economic health and continuance of agriculture.."
Chapter 22, Section 22-2-60.1.1, A.Goal 9 indicates that eighty(80)acres is
considered the minimum lot size for a viable farming operation. The subject
parcel is 74.8 acres net in size and is classified as "prime" and "prime if irrigated"
farmland on the Important Farmlands of Weld County map. Historically the
subject parcel has not been utilized for crop production. Given the lack of viable
soils and lack of irrigation water, prime farmland will not be removed from
production.
2. Section 22-2-60.D, A.Goal 4-- "Conversion of agricultural land to residential,
commercial and industrial development will be discouraged when the subject site
is located outside of a municipality's comprehensive plan area, urban growth
boundary area, or 1-25 Mixed Use Development area and urban development
nodes." The application proposes non-urban scale development as defined by
Section 27-2-140 of the Weld County Code. Section 27-2-140 defines non-urban
scale development as"...developments comprising of nine (9) or fewer residential
lots, located in a non-urban area as defined in Chapter 22 of this Code, not
adjacent to other PUDs, subdivisions, municipal boundaries or urban growth
corridors." This proposal includes public water and consists of eight(8) PUD
Estate zoned residential lots, one buildable agricultural lot and 11.2 acres of open
space. The proposed minimum lot size is 3.6 acres with an overall density of 8.2
acres per septic system.
3. Section 22-2-60.C., A.Goal 3 -- "Provide a mechanism for the division of land
which is agriculturally zoned. The intent of this goal should be to maintain and
enhance the highest level of agricultural productivity in Weld County." The
proposed level of development is non-urban as defined in Section 27-2-140. The
addition of eight (8) PUD Estate zoned residential lots, one buildable agricultural
lot will have minimal impact on the local service providers.
EXHIBIT
2005-1848 1 •
Resolution PZ-1058
Francisco Garcia
Page 2
4. Section 22-2-110.C., UGB.Goal 3—"The County and municipalities should
coordinate land use planning in urban growth boundary areas, including
development policies and standards, zoning, street and highway construction,
open space, public infrastructure and other matters affecting orderly
development." The Towns of Johnstown, Berthoud and Larimer County have
indicated that they find no conflict with their interests.
5. Section 22-2-190.B.3, R.Policy 2.3 --"New residential development should
demonstrate compatibility with existing surrounding land use in terms of general
use, building height, scale, density, traffic, dust and noise." The proposed
subdivision takes into consideration the surrounding properties, as well as the site
advantages. The site is designed with a perimeter buffer around all lots
separating the residential lots from the adjacent properties and the Lake Ditch
Company irrigation canal. The Department of Planning Services will require Weld
County's Right to Farm statement as stated in Appendix 22-E of the Weld County
Code to be placed on the plat. Additionally, the applicant shall place the oil and
gas drill envelopes on all plats.
6. Section 22-2-210.D.2, PUD.Policy 4.2— "A planned unit development which
includes a residential use should provide common open space free of buildings,
streets, driveways or parking areas. The common open space should be
designed and located to be easily accessible to all the residents of the project and
usable for open space and recreation...." This proposal includes fifteen (15)
percent open space . Further, the landscape treatment will focus on the retention
of the established native plant species, and the agricultural parcel may be farmed.
Every effort is made to retain the native grasses and drought tolerant vegetation
in an effort to conserve available water.
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7. Section 22-3-50.B., P.Goal 2 --"Require adequate facilities and services to
assure the health, safety and general welfare of the present and future residents
of the County." The proposed PUD will be serviced with Little Thompson Water
District for potable water and fire protection requirements; I.S.D.S., septic
systems will handle the effluent flow.
B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in Article II,
Chapter 27 of this Code. The applicant has met the twenty performance standards as
delineated in Section 27-2-10 regarding access, buffering and screening, bulk
requirements, circulation, etcetera. The Conditions of Approval and Development
Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld
County Code.
C. Section 27-6-120.6.c-That the uses which would be permitted shall be compatible with
the existing or future development of the surrounding area as permitted by the existing
Zoning, and with the future development as projected by Chapter 22 of this Code or
master plans of affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement. The Towns of
Johnstown, Berthoud and Larimer County have indicated that they find no conflict with
their interests.
D. Section 27-6-120.6.d -That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance Standards
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in Article II of this Code.
Little Thompson Water District has indicated their ability and willingness to service this
application. The Office of the State Engineer, in their letter dated December 8, 2004
stated The Little Thompson Water District will provide water for the residential lots. The
district has agreed to serve the proposed site and a copy of an approved "Agreement for
Resolution PZ-1058
Francisco Garcia
Page 3
Water Main Extension" has been submitted. Sewage disposal will be served by Individual
Sewage Disposal Systems (I.S.D.S.). Based on a geotechnical report from American
Eagle Engineering, dated March 15, 2004, and submitted with the sketch plan application
indicates that all lots will be suitable for conventional septic systems. The property
contains one irrigation ditch which traverses the property northwest to southeast.
E. Section 27-6-120.6.e-That street or highway facilities providing access to the property
are adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
The Colorado Department of Transportation reviewed this proposal and finds no conflict
with their interests as access permit number 403106 has been obtained authorizing traffic
volumes for nine (9)single family residential dwellings as stated in their referral dated May
18, 2004.
F. Section 27-6-120.6.f-An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable.
Development Standards and Conditions of Approval ensure compliance with Chapter 24,
Article VII, and Sections 24-9-10 and 24-9-20 of the Weld County Code.
The Weld County Public Works Department and Department of Planning Services shall
require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld
County Code for improvements to Celeste Lane and all on-site improvements.
G. Section 27-6-120.6.g -That there has been compliance with the applicable requirements
contained in Chapter 23 regarding overlay districts, commercial mineral deposits, and soil
conditions on the subject site.
The Colorado Geological Survey, in their referral letter dated June 10, 2004, identified a
concern with subsurface groundwater. Below-grade construction should include
foundation drains that discharge by gravity, to prevent the build-up of subsurface water
near foundation components and potential seepage into crawlspaces and basements.
The standard three (3)foot separation ground floor and groundwater is a prudent
practice.
Additional concerns were raised concerning the shrink-swell potential and low strength
properties of the soils. The applicant has indicated that lot specific geo-technical
investigations and percolation tests will be conducted on all lots prior to construction.
Further, the applicant has indicated that the recommendations of the Colorado Geologic
Survey will be followed per their evaluation and recommendation.
The applicant does not have an agreement with the mineral interests associated with this
property, however, the applicant has delineated drilling envelopes per State Statute on all
sheets associated with this application.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses,
the specific or conceptual development guide.
The submitted Specific Development Guide does accurately reflect the performance
standards and allowed uses described in the proposed zone district, as described
previously. The applicant is requesting that the Final Plan be administratively reviewed.
The Department of Planning Services'staff concurs with this request.
This Approval recommendation is based upon compliance with Chapter 27 requirements.
Resolution PZ-1058
Francisco Garcia
Page 4
The Change of Zone from (A)Agricultural uses to PUD with Estate uses for eight(8) residential
Lots, one (1) Lot with Agricultural Zone Uses is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submitted written evidence to the Department of Planning Services
from the Colorado Division of Wildlife regarding the determination of the presence or
absence of all federally listed or endangered species, i.e., the Preble's meadow jumping
mouse, the Ute Ladies' -tresses orchid and the Colorado butterfly plant. Should it be
determined that a study should be undertaken, written evidence so stating shall be
submitted to this office. (Department of Planning Services)
2. The Change of Zone plat map shall be submitted to the Department of Planning Services'for
recording within thirty(30)days of approval by the Board of County Commissioners. (Department
of Planning Services)
3. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PZ-1058. (Department of Planning Services)
2) The Change of Zone plat sheets shall be renumbered in successive order with
sheet total given. (Department of Planning Services)
3) The Change of Zone plat shall meet all requirements of Section 27-9-20 of the
Weld County Code. (Department of Planning Services)
4) "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat. (Department of Public Health and
Environment)
5) The Drill Envelopes for future oil and gas drilling shall be delineated on all sheets
of this Change of Zone application. Department of Planning Services)
6) SH 60 is classified by the National Highway System as a State Highway. The
applicant shall coordinate with Colorado Department of Transportation (CDOT)
the requirements for right-of-way, access, improvements and any traffic/
transportation requirements on SH 60. The applicant, on the change of zone plat,
shall show and label the right-of-way recognized by CDOT. This SH 60 is paved
and maintained by the State of Colorado. (Department of Public Works)
7) PUD internal roadway right-of-way shall be 60-feet in width including cul-de-sacs
with a 65-foot radius, and dedicated to the public. The typical cross-section of
interior road should be shown as two 12-foot paved lanes with 4-foot gravel
shoulders on the change of zone plat. The cul-de-sac edge of pavement radius
must be 50-feet. (Department of Public Works)
B. The applicant shall submit a proposed estimate for time of construction of the PUD.
(Department of Planning Services)
C. The applicant shall submit additional information, as required, for the drainage report,
signed by a Colorado licensed engineer, to the Department of Public Works for approval.
The applicant shall supply the Department of Planning Services with written approval from
the Department of Public Works. (Department of Planning Services, Department of Public
Works)
Resolution PZ-1058
Francisco Garcia
Page 5
D. The applicant shall prepare a construction detail for typical lot grading with respect to
drainage for the final application. Front, rear and side slopes around building envelopes
must be addressed. In addition, drainage for rear and side lot line swales shall be
considered. Building envelopes must be planned to avoid storm water flows, while taking
into account adjacent drainage mitigation. (Department of Public Works)
E. applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not
acceptable). (Department of Planning Services)
F. The Change of Zone is conditional upon the following and that each shall be placed on
the Change of Zone plat as notes prior to recording:
1) The site specific development plan is for a Change of Zone from A(Agricultural)
to PUD with Estate uses for eight (8) residential Lots, one (1) Lot with Agricultural
Zone Uses, as indicated in the application materials on file in the Department of
Planning Services and subject and governed by the Conditions of Approval stated
hereon and all applicable Weld County Regulations. Noncompliance with any of
the foregoing Conditions of Approval may be reason for revocation of the Permit
by the Board of County Commissioners.
2) Approval of this plan may create a vested property right pursuant to Article VIII,
Section 23-8-50 of the Weld County Code. (Department of Planning Services)
3) Water service shall be obtained from the Little Thompson Water District.
(Department of Public Health and Environment)
4) This subdivision is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in
accordance with the regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division and the Weld County Code in effect
at the time of construction, repair, replacement, or modification of the system.
Septic systems shall be designed for specific conditions, including, but not limited
to, shallow groundwater, bedrock, gravel and/or clay. (Department of Public
Health and Environment)
5) A storm water discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-
contiguous land disturbance is greater than or equal to one acre in area. Contact
the Water Quality Control Division of the Colorado Department of Public Health
and the Environment at www.cdphe.state.co.us/wu/PermitsUnit for more
information. (Department of Public Health and Environment)
6) During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Health Department, a fugitive dust
control plan must be submitted. (Department of Public Health and Environment)
7) In accordance with the Regulations of the Colorado Air Quality Control
Commission any development that disturbs more than 5 acres of land must
incorporate all available and practical methods that are technologically feasible
and economically reasonable in order to minimize dust emissions. (Department
of Public Health and Environment)
8) If land development creates more than a 25-acre contiguous disturbance, or
exceeds 6 months in duration, the responsible party shall prepare a fugitive dust
control plan, submit an air pollution emissions notice, and apply for a permit from
Resolution PZ-1058
Francisco Garcia
Page 6
the Colorado Department of Public Health and Environment. (Department of
Public Health and Environment)
9) Primary and secondary septic envelopes shall be placed on each lot. All septic
system envelopes must meet all setbacks, including the 100-foot setback to any
irrigation ditch. (Department of Public Health and Environment)
10) Language for the preservation and/or protection of the absorption field envelopes
shall be placed in the development covenants. The covenants shall state that
activities such as permanent landscaping, structures, dirt mounds, animal
husbandry activities, or other activities that would interfere with the construction,
maintenance, or function of the fields should be restricted over the absorption
field areas. (Department of Public Health and Environment)
11) Property owners will be required to maintain the existing irrigation and drainage
patterns to maintain the quality of the water in the ditch. (The Consolidated Home
Supply Ditch and Reservoir Company)
12) Property owners shall acknowledge that no livestock watering, swimming, tubing,
canoeing or other use of the ditch is allowed. (The Consolidated Home Supply
Ditch and Reservoir Company)
13) Property owners shall acknowledge that no dumping of refuse, including but not
limited to household garbage,waste materials, grass clippings, tree and shrub
prunings, motor oil, chemicals, pesticides, or herbicides into the is allowed. (The
Consolidated Home Supply Ditch and Reservoir Company)
14) Property owners shall acknowledge that no pumps for lawn or other irrigation is
allowed from the ditch.(The Consolidated Home Supply Ditch and Reservoir
Company)
15) Property owners shall acknowledge that no use of the ditch easement for hiking,
biking, horseback, motorcycle, off road vehicles or other motorized or non-
motorized vehicle shall be allowed. (The Consolidated Home Supply Ditch and
Reservoir Company)
16) A Home Owner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance, taxes and maintenance of open
space, streets, private utilities and other facilities. Open space restrictions are
permanent. (Department of Planning Services)
17) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
18) All signs including entrance signs shall require building permits. Signs shall
adhere to Section 23-4-80 of the Weld County Code. These requirements shall
apply to all temporary and permanent signs. (Department of Planning Services
and Building Inspection)
19) No development activity shall commence on the property, nor shall any building
permits be issued on the property until the final plan as been approved and
recorded. (Department of Planning Services)
20) A separate building permit shall be obtained prior to the construction of any
building. Structures such as bus stop shelters and entrance gates, if provided,
require building permits. (Department of Building Inspection)
Resolution PZ-1058
Francisco Garcia
Page 7
21) A plan review is required for each building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit.
22) Buildings shall conform to the requirements of the various codes adopted at the
time of permit application. Currently, the following has been adopted by Weld
County. 2003 International Residential Code; 2003 International Mechanical
Code; 2003 International Plumbing Code; 2002 National Electric Code and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
23) Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed be a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado
registered engineer. (Department of Building Inspection)
24) Building height, setbacks and offset distance shall be determined by the Weld
County Code. Separation of buildings of mixed occupancy classifications shall be
in accordance with Section R309.2 of the International Residential Code.
(Department of Building Inspection)
25) Building height shall be measured in accordance with the 2003 International
Residential Code for the purpose of determining the maximum building size and
height for various uses and types of construction and to determine compliance
with the Bulk Requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements.
When measuring buildings to determine offset and setback requirements,
buildings are measured to the farthest projection from the building. Property lines
shall be clearly identified. All property pins shall be staked prior to the first site
inspection. Approved building and foundation plans shall be on the site and
available to inspectors for each inspection. (Department of Building Inspection)
26) All buildings or structures shall maintain distances from the property lines and
adjacent structures as outlined in Section 29-3-160 of the Weld County Code.
(Department of Building Inspection)
27) Complete drawings shall be submitted for review by the Berthoud Fire Protection
District. (Department of Building Inspection)
28) At the time an application is accepted for a building permit, a plan review will be
done. A complete review of the building or structure by the Weld County Building
Inspection Department or the Berthoud Fire Protection District may reveal other
building issues or areas needing attention. (Department of Building Inspection)
29) The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
30) Personnel from Weld County Government shall be granted access onto the
property at any reasonable time in order to ensure the activities carried out on the
property comply with the Development Standards stated herein and all applicable
Weld County Regulations.
31) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11) (Department of Planning Services)
32) The development shall comply with all applicable rules and regulations of the
State and Federal agencies and the Weld County Code. (Department of
Planning Services)
Resolution PZ-1058
Francisco Garcia
Page 8
33) The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within two (2)years of the date of the approval of the
PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the willingness
and ability to continue with the submission of the PUD Final Plan. The Board may
extend the date for the submission of the PUD Final Plan application and shall
annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that
the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District. (Department
of Planning Services)
34) The PUD Final Plan shall comply with all regulations and requirements of Section
27 of the Weld County Code. (Department of Planning Services)
35) The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and the Environment,
Building Inspection and Planning Services, and adopted Weld County Code and
Policies. (Department of Planning Services)
4. At the time of Final Plan submission:
A. The applicant shall provide a pavement design prepared by a professional engineer. (Department
of Public Works)
B. Roadway and grading plans along with construction details will be required. (Department of
Public Works)
C. Easements shall be shown on the final plat in accordance with County standards and/or Utility
Board recommendations. (Department of Public Works)
D. The final drainage report should include a comparison of the existing and developed
storm conditions in the write-up, and thereby denying or confirming detention
requirements. This may be covered best in a conclusions/results paragraph and would
be greatly appreciated. (Department of Public Works)
E. A final drainage report stamped, signed and dated by a professional engineer licensed in
the State of Colorado shall be submitted with the final plan application. The 5-year storm
and 100-year storm drainage studies shall take into consideration off-site flows both
entering and leaving the development. Increased runoff due to development will require
detention of the 100-year storm developed condition while releasing the 5-year storm
existing condition. (Department of Public Works)
F. The final drainage report shall include a flood hazard review documenting any FEMA
defined floodways. The engineer shall reference the specific map panel number,
including date. The development site shall be located on the copy of the FEMA map.
(Department of Public Works)
G. The applicant shall submit to Public Works stamped, signed and dated final plat drawings
and roadway/construction &grading plan drawings for review(with the final application)
and approval. Construction details must be included. This is consistent with County
Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original
signatures and seals of all parties required."The applicant shall supply the Department of
Planning Services with written approval from the Department of Public Works.
(Department of Public Works)
Resolution PZ-1058
Francisco Garcia
Page 9
H. Final drainage construction plans, conforming to the drainage report, shall be submitted
with the final plat application. (Department of Public Works)
The applicant shall prepare a construction detail for typical lot grading with respect to
drainage for the final application. Front, rear and side slopes around building envelopes
must be addressed. In addition, drainage for rear and side lot line swales shall be
considered. Building envelopes must be planned to avoid storm water flows, while taking
into account adjacent drainage mitigation. (Department of Public Works)
J. Stop signs and street name sign locations must be shown on the final roadway
construction plans. (Department of Public Works)
K. Intersection sight distance triangles at the development entrance will be required. All
landscaping within the triangles must be less than 31/4 feet in height at maturity, and noted
on the final roadway plans. (Department of Public Works)
L. The applicant shall submit to Public Works stamped, signed and dated final plat drawings
and roadway/construction & grading plan drawings for review(with the final application)
and approval. Construction details must be included. This is consistent with County
Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original
signatures and seals of all parties required." (Department of Public Works)
M. The applicant shall submit an on-site (Private) Improvements Agreement that addresses
all improvements associated with this development, per compliance with Section 24-9-10
of the Weld County Code. (Department of Planning Services)
N. The applicant shall submit evidence to the Department of Planning Services that approval
was received from the Department of Public Works of an Improvements Agreement
Regarding Collateral for the Transportation portion of the PUD. (Departments of Public
Works, Planning Services)
O. Service Provision Impacts for ambulance shall be addressed as required by Section 27-6-
50.B.4 of the Weld County Code. (Department of Planning Services)
P. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100
(PUD)of the Weld County Code. (Department of Planning Services)
Q. The applicant shall contact the Thompson School District, R2-J, to finalize a bus pick-up
and drop-off location, including the bus shelter location. (Department of Planning
Services)
R. The applicant shall contact the Loveland Post Office for this area to finalize the location of
the mailbox pedestal location. (Department of Planning Services)
S. The applicant shall submit a time frame for construction in accordance to Section 27-2-
200 of the Weld County Code. (Department of Planning Services)
T. The applicant shall submit a set of sign standards as required by Section 27-6-90.E.1. of
the Weld County Code for review and approval. (Department of Planning Services,
Sheriff's Office)
U. The applicant shall submit an on-site (Private) Improvements Agreement that addresses
all improvements associated with this development for review and approval.
(Departments of Planning Services and Public Works)
V. Easements shall be shown on the final plat in accordance with County standards
(Sec.24-7-60)and Utility Board recommendations. (Departments of Planning Services
and Public Works)
Resolution PZ-1058
Francisco Garcia
Page 10
W. The applicant shall submit 3 copies of the Bylaws and Articles of Incorporation for the
Homeowners Association for review and approval. (Department of Planning Services)
X. The applicant shall submit written evidence to the Department of Planning Services
outlining the steps taken to address the concerns and requirements of the Colorado
Division of Wildlife as stated in their referral received April 1, 2005. (Department of
Planning Services)
Y. Should the applicant not have an agreement with the mineral interests associated with
this property, the applicant shall delineate all applicable drilling envelopes per State
Stature on all sheets associated with this application. (Department of Planning Services)
Z. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not
acceptable). (Department of Planning Services)
4. Prior to the release of any building permits:
A. Stop signs and street name signs will be required at all intersections. (Department of
Public Works)
Motion seconded by Doug Ochsner
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 17, 2005.
Dated the 17th of May, 2005.
Voneen Macklin
Secretary
The following items are on the Consent Agenda: r
CASE NUMBER: PZ-1058
APPLICANT: Francisco Garcia
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B or RE-3300; pt of the W2NE4 of Section 5, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone for Eight Estate Lots and one Agricultural Lot and
11.2 acres of open space (Las Haciendas PUD).
LOCATION: South of and adjacent to State Hwy 60; 1/4 mile west of CR 5.
The Chair stated there were not enough Commission members voting for removal, therefore it will remain
on the Consent Agenda.
CASE NUMBER: USR-1508
APPLICANT: Longmont Broadcasting LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3507; Pt of the NW4 of Section 33, T2N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Permit for two communications transmission towers (two guyed
broadcast towers approximately 1,180 feet in height with support
buildings) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 17 and % mile north of State Hwy 52.
The Chair asked if the applicant wished to have this removed from the consent agenda. Kirk Goble, Bell Five
Land Company, representing the applicant, requested it remain on the consent agenda. The Chair asked if
any members of the board wished to have it removed. As there were none, the floor was opened for public
comment. There was no public comment regarding PZ-1058 or USR-1508. The Chair stated the first two
cases will remain on the consent agenda and asked for a motion.
Bryant Gimlin moved that PZ-1058 and USR-1508 be forwarded to the Board of County Commissioners with
their recommendation for approval. Doug Oschner seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller, yes; Bryant Gimlin,yes;James Rohn, no; Chad Auer, yes; Doug Ochsner, yes; Bruce Fitzgerald, yes;
James Welch, yes; Tom Holton, yes. Motion carried.
The following items will be Heard:
CASE NUMBER: USR-1504
APPLICANT: The Bluffs, John Villano&Josef Guetlein managers & Ray Edmiston
owner of Aerial Sprayers, Inc
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Pt of the N2 Section 5, T2N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an
Airstrip and an Agricultural Service Establishment. More specifically, an
airstrip for private use and for a crop dusting, and a spraying operation
facility. The facility includes hangar, landing strip, fertilizer storage
facilities, insecticide storage facilities, fuel storage facilities and offices
accessory to the crop dusting or spraying operation in the A(Agricultural)
Zone District
LOCATION: South of and adjacent to CR 26; approximately'/ mile east of SH 85;west
of and adjacent to CR 29
The Chair asked that the record show that Tom Holton was recusing himself from case USR-1504.
Sheri Lockman, Department of Planning Services. The Bluffs,John Villano and Josef Guetlein managers,and
Ray Edmiston,owner of Aerial Sprayers Inc., have applied for a Site Specific Development Plan and a Special
Review Permit for an Airstrip and an Agricultural Service Establishment. More specifically, an airstrip for
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