HomeMy WebLinkAbout20053177.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Chad Auer, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-1074
APPLICANT: Frank Wright
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of AmRE-3381; Pt S2NW4 of Section 5, Ti N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Application for Change of Zone from A(Agriculture)to PUD for nine (9)
residential lots with E (Estate) Uses.
LOCATION: East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
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 27-5-30 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 the Weld County Code. The proposed site is not influenced by an Inter-
Governmental Agreement. The proposal is consistent with the aforementioned documents as
follows:
1) Section 22-3-50.8.1, 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 by the Left Hand Water District for potable water and
Individual Sewage Disposal 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 the
Weld County Code.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District for the nine (9) residential lots.
Section 27-6-90, Signage — Section 27-2-90.C. states: "Signage within a PUD shall adhere to all
requirements in this Chapter and Chapters 23 and 26 of this Code, if applicable."
The Department of Planning Services has consistently required that subdivision signs adhere to
the size standards of signs for public and quasi-public uses, which is 32-square feet, per Section
23-4-80 of the Weld County Code. The applicant is proposing a sign that is larger than 32 square
feet. The Department of Planning Services recommends that the size of the PUD entrance sign
not exceed 32 square feet.
Section 27-2-190, Urban Scale Development — Section 27-2-190 states: "Urban scale
developments are developments exceeding nine (9) lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries."
The subject property borders the Carmacar Estates, Peaks at Mountain View and Summit at
Mountain View Subdivisions to the west and therefore is considered urban scale development.
The Departments of Planning Services and Public W• •. - •i -. required curb gutter
and sidewalk for urban scale developments. EXHIBIT
I "-8 2005-3177
1, 1*01
•
Resolution PZ-1074
Frank Wright
Page 2
The applicant is requesting a waiver from the curb, gutter and sidewalk requirement for this
proposed subdivision. The Department of Planning Services is recommending curb, gutter and
sidewalks for this subdivision.
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 the Weld County Code or master plans
of affected municipalities.
The Towns of Frederick, Erie, and the City of Dacono in their referrals dated June 10, 2005, May
25, 2005 and June 15, 2005 respectively indicated no conflicts 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 in Article II the Weld
County Code.
The applicant has a signed subdivision/multiple tap purchase agreement with the Left Hand
Water District. The Office of the State Engineer, Division of Water Resources, in their referral
dated June 9, 2005 indicated that the proposed water supply would not cause material injury to
existing water rights and that the water supply is expected to be adequate. However, the Division
of Water Resources indicated that the requirement as stated in the Water Supply Information
Summary (.085 acre feet per lot) is low. The Division of Water Resources is requesting that the
applicant confirm or correct this estimate and submit a copy of the water tap agreement to the
Division.
The Department of Public Health and Environment indicated in their referral dated June 15, 2005
that the proposed subdivision has satisfied Chapter 27 of the Weld County Code in regard to
water and sewer service.
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 proposed PUD will be accessing off of County Road 3. The Department of Public Works in
their referral dated June 10, 2005 indicated that County Road 3 is classified as a minor arterial
road which requires 110-feet of right-of-way. The Department of Public Works is requiring that
this right-of-way(55-feet from centerline from County Road 3) be dedicated on the final plat.
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.
The applicant is required to enter into an Improvements Agreement and post adequate collateral
for onsite improvements and enter into an off-site Improvements Agreement to proportionately
share the cost of improvements to County Road 3.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site.
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)
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
Resolution PZ-1074
Frank Wright
Page 3
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 supports this request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for Nine (9) residential lots with Estate uses is
conditional upon the following:
1. Prior to Scheduling the Board of County Commissioners hearing:
A. The applicant shall submit a written plan to the Department of Planning Services addressing
proposed landscape materials, method of irrigation and proposed use for the common open
space for this PUD. (Department of Planning Services)
B. The applicant shall provide an agreement with the existing oil and gas owner/leasehold interests
on the property or provide evidence that an adequate attempt has been made to address their
concerns. (Department of Planning Services)
C. The applicant shall provide an agreement with the New Consolidated Lower Boulder Reservoir
and Ditch Company or provide evidence that an adequate attempt has been made to address
their concerns. (Department of Planning Services)
2. Prior to recording the Change of Zone plat:
A. The plat shall be amended as follows:
1) All pages of the plat shall be labeled PZ-1074. (Department of Planning Services)
2) County Road 3 requires 55 feet west of the centerline. The existing right-of-way and the
documents creating the right-of-way for County Road 3 shall be indicated on the plat.
(Department of Public Works)
3) 'Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code
shall be placed on any recorded plat. (Departments of Public Health and Environment and
Planning Services)
4) Front side and rear utility easements are not required to be indicated on the change of zone
plat and shall be removed. (Department of Planning Services)
5) The existing 30-foot access easement for emergency/oil and gas access along the south
property line and the proposed 30 foot oil and gas access easement along the eastern end
of the subdivision shall be designated on the change of zone plat separately from Tract C.
(Department of Planning Services)
6) The PUD entrance sign shall be indicated as no larger than 32-square feet. (Department of
Planning Services)
B. The applicant shall attempt to address the requirements of the Boulder Valley Soil Conservation
District as stated in their referral received June 16, 2005. Written evidence of such shall be
provided to the Department of Planning Services. (Boulder Valley Soil Conservation District)
C. The applicant shall address the requirements of the Weld County Sheriffs Office as stated in their
referral received May 23, 2005. Written evidence of such shall be provided to the Department of
Planning Services. (Weld County Sheriff's Office)
Resolution PZ-1074
Frank Wright
Page 4
D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. 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:
A. The site specific development plan is for a Change of Zone from A (Agricultural) to PUD for nine
(9) residential lots with E (Estate)Zone uses as indicated in the application materials on file in the
Department of Planning Services. The PUD will be subject to and governed by the Conditions of
Approval stated hereon and all applicable Weld County Regulations. (Department of Planning
Services)
B. 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)
C. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
D. 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)
E. Water service shall be obtained from the Left Hand Water District. (Department of Public Health
and Environment)
F. 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. (Department of Public Health and Environment)
G. Activities such as permanent landscaping, structures, dirt mounds or other items are expressly
prohibited in the absorption field site. (Department of Public Health and Environment)
H. If primary and secondary septic envelopes are placed on each lot, 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
or other items are expressly prohibited in the absorption field site. (Department of Public Health
and Environment)
I. A stormwater 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 Control Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wa/PermitsUnit for more information. (Department of
Public Health and Environment)
J. 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 Department of Public Health and Environment, a fugitive dust control plan must be
submitted. (Department of Public Health and Environment)
K. 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)
Resolution PZ-1074
Frank Wright
Page 5
L. 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 the Colorado Department of Public Health and
Environment. (Department of Public Health and Environment)
M. If primary and secondary septic envelopes are placed on each lot, all septic system envelopes
must meet all setbacks, including the 100-foot setback to any well. (Department of Public Health
and Environment)
N. A separate building permit shall be obtained prior to the construction of any building or structure
including entry gates and signs. (Department of Building Inspection)
O. A plan review is required for each building. Plans shall include a floor plan. Residential building
plans may be required bear the wet stamp of a Colorado registered architect or engineer.
(Department of Building Inspection)
P. 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 Building Code, 2003 International Mechanical Code, 2003
International Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
Q. Each building will require an engineered foundation based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
R. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by Chapter 23 of the Weld County Code. (Department of Building Inspection)
S. 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)
T. Building height shall be measured in accordance with the 2003 International Building 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.
Offset and setback requirements are measured to the farthest projection of the building.
(Department of Building Inspection)
U. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of
Planning Services)
V. 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)
W. Weld County personnel 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. (Department of Planning Services)
X. The site shall maintain compliance at all times with the requirements of the Weld County
Government and the adopted Weld County Code and Policies. (Department of Planning Services)
Resolution PZ-1074
Frank Wright
Page 6
Y. No development activity shall commence on the property, nor shall any building permits be issued
on the property until the final plan has been approved and recorded. (Department of Planning
Services)
Z. 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
three (3) 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)
AA. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
4. 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. With the Change of Zone
plat map, the 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)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Administrative Review was signed a
$50.00 recording continuance charge shall added for each additional 3 month period.
6. At the time of Final Plan submission:
A. 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, Sheriffs Office)
B. 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)
C. The applicant shall submit an off-site (Public) Improvements Agreement that addresses
improvements associated with County Road 3. (Department of Public Works)
D. The applicant shall submit development covenants for Highview Ranch PUD. 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 or other items are expressly prohibited in the absorption field
site. The covenants shall also address signage requirements and refer to the Weld County Code
as delineated in the PZ-1074 application materials. (Department of Public Health and
Environment)
E. The applicant shall submit to Public Works stamped, signed and dated final plat drawings.
(Department of Public Works)
Resolution PZ-1074
Frank Wright
Page 7
F. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
roadway/construction and grading plan drawings for review and approval. Construction details
must be included. Stop signs and streetway sign locations must be shown on the final roadway
construction plans. (Department of Public Works)
G. The applicant shall provide a pavement design prepared by a professional engineer along with
the final plan submittal. (Department of Public Works)
H. 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)
I. Easements shall be delineated on the final plat in accordance with County standards (Sec.24-7-
60)and Utility Board recommendations. (Departments of Planning Services and Public Works)
J. Final drainage construction and erosion control plans (conforming to the 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 final drainage report must include the following:
1) 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.
2) 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.
3) 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)
K. The applicant shall submit all proposed street names and lot addresses evidence to the Weld
County Department of Planning Services for review and approval by the Mountain View Fire
Protection District, the Weld County Sheriffs Office, the Weld County Ambulance Services
Department and the Post Office for review and approval. (Department of Planning Services)
L. 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)
M. The applicant shall contact the Vegetation Weed Management Specialist with the Weld County
Public Works Department at (970) 356-4000 ext 3770 to develop a weed management plan. The
approved plan shall be included in the Final Plan application. (Department of Planning Services)
N. The applicant shall address the requirements of the Weld County Sheriffs Office as outlined in
their referral dated May 23, 2005. Written evidence of such shall be provided to the Department
of Planning Services. (Weld County Sheriff's Office)
7. Prior to recording the final plat:
A. Original copies of the approved covenants and Bylaws and Articles of Incorporation for the
Homeowners Association along with the appropriate recording fee (currently $6 for the first page
and $5 for subsequent pages) shall be submitted to the Weld County Department of Planning
Services. The applicant shall submit Certificates from the Secretary of State showing the
Homeowners Association has been formed and registered with the state. (Department of
Planning Services)
Resolution PZ-1074
Frank Wright
Page 8
B. The applicant shall enter into an on-site Improvements Agreement According to Policy Regarding
Collateral for Improvements. This agreement shall be approved by the Board of County
Commissioners. (Departments of Planning Services and Public Works)
C. The applicant shall enter into an off-site Improvements Agreement According to Policy Regarding
Collateral for Improvements. This agreement shall be approved by the Board of County
Commissioners. (Department of Public Works)
D. The applicant shall address the requirements of the Mountain View Fire Protection District as
outlined in their referral dated May 27, 2005 in regards to approval of fire hydrant locations.
Written evidence of such shall be provided to the Department of Planning Services. (Mountain
View Fire Protection District)
E. The applicant shall provide evidence that the voluntary capital mitigation fee has been paid along
the fee in lieu of land dedication as stated in the agreement with the St. Vrain Valley RE-1J
School District. (St.Vrain Valley School District RE-1J)
F. 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). (Dept. of Planning Services)
Motion seconded by Tom Holton
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Tom Holton
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 July 19, 2005.
Da ed the 19`h of Jul , 2005L
Voneen Macklin
Secretary
7- /9- ZccS
recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes;
Bryant Gimlin, yes; James Rohn, yes; Tom Holton, yes; Chad Auer, yes. Motion carried unanimously.
— CASE NUMBER: PZ-1074
APPLICANT: Frank Wright
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of AmRE-3381; Pt S2NW4 of Section 5, TIN, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Application for Change of Zone from A(Agriculture)to PUD for nine (9)
residential lots with E (Estate) Uses.
LOCATION: East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
Chris Gathman, Department of Planning Services. This application is for a change of zone from
Agriculture to PUD for seven (7)residential lots with (Estate) uses along with along with ninety-six acres of
open space on one hundred forty acres. If approved, the proposed PUD would be served using individual
wells, and sewer service would be provided by individual septic systems. This is a cluster PUD. Under a
cluster PUD, the open space area will be required to remain restricted from residential development for a
period of forty years. The application indicates that this site will be used for trail riding and a passing view
corridor and is conducive to ranching operations. The applicant is requesting that the requirement of
curbs and gutters be waived. The applicant is also requesting a sign at the entrance of the PUD. As this
is an entrance sign and not a commercial sign, the Planning Department is recommending a total sign
size of thirty-two square feet. The Department of Planning Services is recommending that curbs, gutters
and sidewalks be required for this PUD.
The site is located on Lot B of RE-3914 & Lot B of RE-3915; part of the SE4 of Section 26, T2N, R67W,
Weld County. It is west of and adjacent to CR 23 and 1/2 mile south of CR 18.
Fifteen (15) referral agencies reviewed this case and thirteen (13)offered comments on this application.
Planning staff has determined that the submitted application does comply with the twenty standards
described in Section 2 of the PUD ordinance with the exception of the following:
Section 27-6-90, Signage—Section 27-2-90.C. states: "Signage within a PUD shall adhere to all
requirements in this Chapter and Chapters 23 and 26 of this Code, if applicable."
The Department of Planning Services has consistently required that subdivision signs adhere to
the size standards of signs for public and quasi-public uses,which is 32-square feet, per Section
23-4-80 of the Weld County Code. The applicant is proposing a sign that is larger than 32 square
feet. The Department of Planning Services recommends that the size of the PUD entrance sign
not exceed 32 square feet.
Section 27-2-190, Urban Scale Development — Section 27-2-190 states: "Urban scale
developments are developments exceeding nine (9) lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries."
The subject property borders the Carmacar Estates, Peaks at Mountain View and Summit at
Mountain View Subdivisions to the west and therefore is considered urban scale development.
The Departments of Planning Services and Public Works have consistently required curb gutter
and sidewalk for urban scale developments.
The applicant is requesting a waiver from the curb, gutter and sidewalk requirement for this
proposed subdivision. The Department of Planning Services is recommending curb,gutter and t
r
sidewalks for this subdivision. m O
The applicant is in the process of negotiating mineral agreements with Encana and Anadarko. The v #
applicant has indicated that these agreements are nearly finalized.
The Division of Water Resources has indicated that the proposed water supply would not cause material
injury to existing water supply and that the water supply is expected to be adequate. However, the
Division said the water amount stated in the water summary information sheet is low.
The applicant has provided updated information regarding landscaping in the common open space area
along with the original agreement with the Lower Boulder Ditch Company.
The applicant has been working with the Lower Boulder Ditch Company regarding an agreement
pertaining to the conveyance of drainage water into the ditch. An agreement has not yet been finalized.
David Yardley, with the Lower Boulder Ditch Company indicated that he would be at today's hearing if the
Planning Commission would like him to speak on this issue.
The Department of Planning Services has determined that this PUD is in compliance with Section 27-6-
120 of the Weld County Code and recommends that this application be approved.
Bryant Gimlin asked about other PUD's and if they have curbs, gutters and sidewalks as part of their
requirements. Mr. Gathman replied that he had looked into three subdivisions: Carmacar; the Summit at
Mountain View; and the Peaks at Mountain View; none of which had requirements for curbs, gutters and
sidewalks.
Frank Wright, Boulder, CO. This property consists of seventy-four acres he would like developed into nine
lots and three non-residential outlots. Anadarko has requested the fourth non-residential lot have no
property lines running through their operations area so he made it an agricultural outlot with no fences
placed in the middle of the lot. Mr. Wright said he has been working with David Yardley, Lower Boulder
Ditch Company regarding the retention pond that drains into ditch. The average lot size is six acres; the
right-of-way takes 4.2 acres; the retention pond takes 1.8 acres; and the open space is 13.4 acres. Mr.
Wright requested the requirement for curbs, gutters and sidewalks be waived as other developments in
adjacent areas have none and he wants to preserve the rural feeling. The houses are proposed to be
located at the top of the hill to maximize the best views, and curbs, gutters and sidewalks would have to
run uphill quite a long distance. The ditch company has also requested no curbs, gutters and sidewalks to
better control run-off to the retention pond and the ditch. Tom Holton inquired about paving and
something in-audible to do with the ditches. Mr. Wright replied in the affirmative. Mr. Wright agreed with
the conditions of approval and development standards except for the requirement of curbs, gutters and
sidewalks.
Pam Smith, Department of Environmental Health, said that due to the relatively good condition of the soil
and the large size of the lots, she was not going to require primary and secondary septic envelopes on the
lots, therefore on page seven, items 3.G and 3.H can be removed. James Rohn moved that items 3.G
and 3.H on page seven be deleted. Tom Holton seconded. Motion carried.
John Folsom asked Mr. Gathman about Section 27-2-190 of the Weld County Code which says urban
scale development requires support services such as central water and sewer systems. Are we
interpreting septic systems to be a sewer system. Mr. Gathman said a septic system is not an urban
scale sewer system. There have been several urban subdivisions with more lots than this one that were
on septic. Ms. Smith said the Commissioners intentionally left this vague so we could deal with these
types of situations on an individual basis. Mr. Folsom asked if this was a broad interpretation. Mr.
Gathman replied that it was.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
David Yardley, 3838 Florentine Circle, Longmont, CO 80504, Secretary and Director of the new Lower
Boulder Consolidated Ditch Company. Mr. Yardley said he had two major issues with development flows
into the ditch. The quality of the water from agricultural flow is entirely different from pavement and roof
top flow which contains anti-freeze, chemicals, oil etc. The quantity is also an issue due to a structural
integrity standpoint for the ditch. If there are concentrated, unregulated flows, it may compromise the
integrity of the structure. Mr. Yardley also said the ditch company prefers the absence of curbs, gutters
and sidewalks to better control run-off to the retention pond and ditch.
Alison Berry, Woodrow& Sobel, P.C., representing Anadarko Land Corporation, wants their objection
letter, dated June 3, 2005, and submitted by Molly Sommerville, to be a part of the proceedings.
Anadarko and Mr. Wright have reached agreement since filing objections with the county regarding the
hard rock minerals. Anadarko does not object to the oil and gas interests or to the zoning for the property,
but would object to the approval by the county of a final plat for the property in the absence of an
agreement between the Anadarko entities and Mr. Wright. Ms. Berry said they want surface use
agreements with Kerr-McGee and Encana in place prior to final approval and anticipate those will be
executed in the next few weeks. Anadarko's goal is to have a final surface use agreement in place prior
to approval of the final plat for the property.
Chad Auer moved that we amend 1.B, page 5 and delete (with Kerr-McGee and Encana Energy
Resources, Inc.). Second by James Rohn. Motion passed.
Bryant Gimlin asked Mr. Wright, the applicant, to step forward to discuss the curbs, gutters and sidewalks
once again. Mr. Gimlin said as he sees it they have three options: leave it as is; change it; or defer to the
Board of County Commissioners. Tom Holton said the interpretation is so broad it should not require
curbs, gutters and sidewalks. Mr. Gimlin agreed they should not burden the applicant as other similar
developments have no curbs, gutters and sidewalks and also because the ditch company is requesting
they be waived. James Rohn said other PUD's do not requires curbs, gutters and sidewalks and that
normally he would be in favor of this requirement but supports waiving the requirement. Chad Auer said
he feels the requirement is beneficial to developments but in this case it makes sense and he reluctantly
agreed to waive the requirement. Tom Holton motioned to waive the curb, gutter and sidewalk
requirement. Mr. Gathman then pointed out that this was not a condition of approval or a development
standard. Mr. Gimlin responded that the commission was adding their recommendation to that of staff.
Mr. Morrison said a motion was not required to get that recommendation to the board as it would be
reflected in the minutes, but if the commission wanted to make a formal motion, they could do so. Mr.
Holton withdrew his motion. Mr. Holton asked if it would be a requirement to vegetate the edges of the
barrow ditches along the side of the road. Mr. Gathman said there is a requirement in place where the
applicant must come to an agreement or provide evidence that they have addressed the concerns of the
ditch company prior to scheduling of the board hearing. If it is not a condition in the agreement, it is
something that we could look at adding. Mr. Gimlin asked Mr. Gathman to look at page 6, items 2. A. 6
and 2. D., as they say the same thing. Mr. Gathman agreed that item 2.D could be removed.
It was moved by James Rohn and seconded by Chad Auer to remove item 2. D. Motion passed.
John Folsom asked Mr. Gathman if planning looks at the maps in regard to coal mining. Mr. Gathman
replied that they do look at a geologic hazard map that determines whether the subsidence area is severe,
moderate, slight or not at all.
Mr. Gimlin asked Mr. Wright if he agreed with the amended development standards and conditions of
approval. Mr. Wright said he agrees.
Chad Auer moved that Case PZ-1074, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval as amended. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Bryant Gimlin, yes; James Rohn, yes; Tom Holton, yes; Chad Auer, yes. Motion carried
unanimously.
Case: Metropolitan Service Districts
Planner: Kim Ogle, Chris Fellows
Lee Morrison, County Attorney, said the item up for discussion is a set of policies that will help guide the
Planning Commission and the Board of County Commissioners in the consideration of special districts in
the future. In the past, the county has had no specific policies in place that dealt with the long term
ramifications of creating special districts and what might be done in the service plan review process that
would help direct those districts in a way that was consistent with the county's policies and Comprehensive
Plan. Mr. Fellows has extensive background in financing and the clean-up of financing gone bad on
special districts. He came to us suggesting that he could be of assistance in creating those policies. If
approved, they would go through a full review process and likely become a part of the code. As written,
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