HomeMy WebLinkAbout20051402.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-1077
APPLICANT: Harvey and Olga Markham
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3667; being part of the N2 NE4 of Section 19, T4N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD for 6 Residential lots with
Estate uses.
LOCATION: South of and adjacent to State Highway 56; approximately 1/4 mile west of
CR 3.
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 27-6-120.6.6.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 Little Thompson 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 six (6) residential lots.
Section 27-2-60, Common open space—Section 27-2-140 states:"Nonurban scale developments
are developments comprised of nine (9)or fewer residential lots, located in a nonurban area as
defined in Chapter 22 of this code, not adjacent to other PUDs, subdivisions, municipal
boundaries or urban growth corridors. Nonurban scale development located outside the MUD
area is not subject to the common open space requirement set forth in Section 27-6-80 of this
Code."
The subject property borders the Town of Berthoud to the south and therefore is considered
urban scale development.
Section 27-6-80.b.7 of the Weld County Code states: "All urban scale development PUDs
containing a residential element shall provide for a fifteen percent common open space allocation,
unless otherwise stated in Chapter 26 of this Code. Departure from this standard --
Resolution PZ-1077
Harvey Markham
Page 2
considered and may be approved by the Department of Planning Services Staff as long as the
intent of this Chapter and Chapter 26 have been met."
Staff has approved a waiver for the common open space requirement given the scale of the
development, the fact that the Town of Berthoud has no concerns and that there are no
subdivisions within Weld County that are within 1/4 mile of this site.
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 Berthoud, Johnstown, and Mead in their referrals dated December 5, 2004,
November 22,2004 and December 5,2004 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 11 the Weld
County Code.
The Division of Water Resources, in their referral dated October 11, 2004 indicated that the
applicant would need to obtain an additional commitment for service from the Little Thompson
Water District based on the fact the applicant is proposing an additional residential lot. An
updated water service commitment for six residential lots and water extension agreement from
Little Thompson Water District has been submitted by the applicant.
The Department of Public Health and Environment indicated in their referral dated March 11,
2005 indicated that the primary and secondary septic envelopes on all lots appear to be
adequately sized (may possibly be slightly undersized for engineered systems based on
bedrooms and actual percolation rates).
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 State Highway 56.
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.
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)
l�1
Resolution PZ-1077
Harvey Markham
Page 3
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 supports this request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for six(6) residential lots is conditional upon the
following:
1. 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-1077. (Department of Planning Services)
2) State Highway 56 requires 100 feet south of the centerline. The applicant shall reserve 100
feet south of the centerline for right-of-way on the plat. (Colorado Department of
Transportation)
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)
B. The applicant shall attempt to address the requirements of the Colorado Division of Wildlife as
stated in their referral received November 1, 2004. Written evidence of such shall be provided to
the Department of Planning Services. (Colorado Division of Wildlife)
C. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT)as stated in their referral received November 1,2004. Written evidence of such shall be
provided to the Department of Planning Services. (CDOT)
D. The applicant shall submit an amended recorded exemption application for review and approval
by the Department of Planning Services. The boundary of Lot A of Recorded Exemption 3867
shall be adjusted so that the proposed stormwater retention storage area is located within the
boundaries of the PUD. The amended recorded exemption plat shall be recorded prior to the
PUD Change of Zone plat. (Department of Planning Services)
E 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)
F. The applicant shall provide a copy of an agreement with the owner of any ditch located on or
adjacent to the site or shall provide written evidence that an adequate attempt has been made to
mitigate the concerns of the ditch owners
Resolution PZ-1077
Harvey Markham
Page 4
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 six
(6)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 retention area, 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 Little Thompson 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. 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. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division
of the Colorado Department of Public Health and the Environment. Silt fences shall be
maintained on the down gradient portion of the site during all parts of the construction phase of
the project. (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
Resolution PZ-1077
Harvey Markham
Page 5
methods that are technologically feasible and economically reasonable in order to minimize dust
emissions. (Department of Public Health and Environment)
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. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways which have
not been adopted by the County for maintenance. (Sheriff's Office)
N. A separate building permit shall be obtained prior to the construction of any building. Structures
such as bus stops and entrance gates, if provided, require building permits. (Department of
Building Inspection)
O. 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. (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. Weld County intends to adopt the 2003 International
Building, Residential, Mechanical, Plumbing and Fuel Gas Codes on or about March 1, 2004.
(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)
Resolution PZ-1077
Harvey Markham
Page 6
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)
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. 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 development covenants for Winterset Estates 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
Resolution PZ-1077
Harvey Markham'
Page 7
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-1077 application materials. (Department of Public Health and
Environment)
D. The applicant shall submit to Public Works stamped, signed and dated final plat drawings.
(Department of Public Works)
E. 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)
F. The applicant shall provide a pavement design prepared by a professional engineer along with
the final plan submittal. (Department of Public Works)
G. 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)
H. 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)
I. 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)
J. The applicant shall submit evidence to the Weld County Department of Planning Services with
the final plan application that all proposed street names and lot addresses have been submitted
to the Berthoud Fire Protection District, the Weld County Ambulance Services Department and
the Post Office for review and approval. The final plat shall indicate an approved street name.
(Department of Planning Services)
K. 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)
Resolution PZ-1077
Harvey Markham
Page 8
L. 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)
M. The applicant shall address the requirements of the Weld County Sheriffs Office as outlined in
their referral dated October 15, 2004. Written evidence of such shall be provided to the
Department of Planning Services. (Weld County Sheriff's Office)
N. The applicant shall address the requirements of the Little Thompson School District in regards to
the school bus/pick up and drop-off as outlined in their referral dated November 4,2004. Written
evidence of such shall be provided to the Department of Planning Services. (Little Thompson
School District)
O. The applicant shall provide written evidence that their requirements have been addressed in
regards to mail pick-up and drop off locations. (Department of Planning Services)
P. The applicant shall address the requirements of the Berthoud Fire Protection District as outlined
in their referral dated October 8, 2004. Written evidence of such shall be provided to the
Department of Planning Services. (Berthoud Fire Protection District)
Q. The applicant shall provide written clarification in regards to how the stormwater retention storage
area will be maintained and how the stormwater retention storage area will be accessible to the
homeowners association. (Department of Planning Services)
6. 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)
B. The applicant shall enter into an on-site Improvements Agreements According to Policy
Regarding Collateral for Improvements. These agreements shall be approved by the Board of
County Commissioners. (Departments of Planning Services and Public Works)
C. 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 Bruce Fitzgerald
r
Resolution PZ-1077
Harvey Markham
Page 9
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 April 19, 2005.
Dated the 19th of April, 2005.
\ d1 1 YLLG+,L
Voneen Macklin
Secretary
/%-
C
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING -pa 4/077
Tuesday, April 19, 2005
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County Conference
Room,4209 CR 24 '/, Longmont, Colorado. The meeting was called to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
John Folsom
James Rohn
Bruce Fitzgerald
Tom Holton
Chad Auer
Doug Ochsner Absent
James Welch
Also Present: Char Davis, Don Carroll, Peter Schei, Chris Gathman, Michelle Martin
The summary of the last regular meeting of the Weld County Planning Commission held on April 5, 2005 was
approved as read.
The following item will be continued:
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 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 Section Line.
Chris Gathman, Department of Planning Services read a letter requesting a continuance to May 17, 2005. The
applicant would like to expand the use of the airstrip for personal use. The extra month will allow for re-
notification. Mr. Miller asked if the applicant will be the only additional use and if that was significant enough to
require re-notification. Mr. Gathman indicated that was staff determination.
The following items will be heard:
CASE NUMBER: PZ-1077
•
APPLICANT: Harvey and Olga Markham
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3667; being part of the N2 NE4 of Section 19, T4N, R68W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural)to PUD for 6 Residential lots with Estate
uses.
LOCATION: South of and adjacent to State Highway 56; approximately 1/4 mile west of CR
3.
Chris Gathman, Department of Planning Services presented Case PZ-1077, reading the recommendation and
comments into the record.The Department of Planning Services is recommending approval of the application along
with the Conditions of Approval and Development Standards.
&t✓�I O c 5-,;?• a cos'
Bryant Gimlin asked about the PUD boundary going through existing buildings. Mr. Gathman indicated the map
is made with the GIS data and it is not specific to building location. Mr. Gathman stated there is no building
encroaching on property lines, a recorded exemption was done on site and approved. The applicant does have
a silo and another building in the right-of-way for CDOT and those have been addressed through a NCU
application done at the time of the RE. A present requirement is to meet setbacks. Mr. Gimlin asked if there
was a shared access is that on the property line or an easement granted. Mr. Gathman stated the Lot A of RE-
3667 (which Mr. Markham owns) and the PUD will share the subdivision access
Bryant Gimlin asked Char Davis, Department of Health, about the septic envelopes. Ms. Davis stated the
envelope is dependent on the number of bedrooms and the perc rate. The perc rate in the area is the west
portion of the site has 22 minutes per inch and the eastern side is 88 minutes per inch. There will be some
different sizes depending on the locations.
Michael Miller asked for clarification on the access. Mr. Gathman indicated Lot A is not in the PUD but its
access will be a part of the public right-of-way access to the subdivision. With it being a public right-of-way it is
no different than accessing off a County road.
John Folsom asked about referral to County attorney. Mr. Gathman indicated one is normally sent. Mr.
Morrison he is not to receive a referral such because he cannot provide advice for approval or denial. Mr.
Folsom asked if this was in a flood plain. Mr. Gathman indicated it was not.
James Rohn asked about the Department of Wildlife referral and hunting to the south and how the applicant
will mitigate to allow hunting so as not to become a nuisance. Mr. Gathman indicated the Condition 1 B states
the applicant shall attempt to address the Department of Wildlife referral. Mr. Rohn asked if there was a way to
add something on the plat to reserve the right to hunt. Mr. Miller clarified that the right to farm also protects the
right to hunt on private property. Mr. Morrison indicated the County's Right to Farm is an advisement to
property owners for possible nuisances. There is a reference to hunting but it is not major part of it. Mr. Miller
indicated that hunting is a protected activity and in the Weld County code it is allowed in County.
Michael Miller asked about the lack of open space within the urban development and what the criteria was the
Department of Planning Services used to waive this. Mr. Gathman indicated that staff reviewed several items.
Those items were; there were no concerns from the Town of Berthoud, there being only six lots as opposed to
more than nine lots and the subdivision is not adjacent to a municipality. If the subdivision was not adjacent to a
municipality it would be considered non-urban. The nearest developed subdivision is one mile away. The main
issue is that the proposal borders Berthoud on the south and this was one item in the conclusion of the non
urban scale. Mr. Miller indicated his concern is staff is not requiring open space for of any subdivision. Mr.
Gathman added that open space was required in all subdivisions but when the code was amended the open
space requirement for non urban scale subdivisions was taken out. Mr. Miller asked about the number of
homes adjacent to this proposal along Hwy 56. Mr. Gathman indicated there will be no sewer service out there
anytime soon which is a requirement of urban scale development.
James Rohn asked Mr. Morrison if Planning Commission cold revoke the staff waiver for open space. Mr.
Morrison stated Planning Commission is a recommending body and Board of County Commissioners has the
final say. Planning Commission could recommend to the Board of County Commissioners that the waiver be
removed. The Board of County Commissioners is not bound by staff but there are factors that need to be
considered. The same thing has happened with paving.
Chad Auer asked about Berthoud referral and rather the assumed County staff would not give waiver to the
open space requirements. Mr. Gathman indicated the referral sent to Berthoud did not include any open
space.
Tom Holton asked about the location of the detention pond. Mr. Gathman provided the location on an
overhead. There is also a Condition Prior to Recording the plat that will detail the location of the pond and
amend the recorded exemption if necessary. Mr. Holton asked if the detention pond could be counted as open
space. Mr. Gathman stated it could be if the area could be used for something in addition to detention such as
a park. This needs to be reviewed on a case by case basis.
James Rohn stated that if the waiver was not allowed the size of lots would be less than 2.5 acres which would
affect the size needed for septic systems. There have been subdivisions approved on septic lots with less than
one acre. Mr. Miller clarified that the gross net acreages needed for septic systems is 2.5 acres. Ms. Davis
indicated that was her understanding.
John Folsom asked if this was in a road impact fee area. Mr. Gathman indicated it was and there is a
Development Standard on the plat.
Harvey Markham, applicant, provided clarification with regard to the proposal. Mr. Markham indicated there are
no buildings on the lot lines. Mr. Miller asked about the water supply delivery line that is being referenced. Mr.
Markham indicated he is unaware of anything of that nature but agrees with Mr. Hooker that they will provide an
easement if in fact there is a line and it needs an easement. Mr. Markham clarified the location of the retention
pond.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Alan Hoskins, neighbor to the east, indicated his concern over the fence line on their property. The fence line is
about two feet on his side. There has been some concern on open space. They are subdividing the property and
the fence line is two feet off.
Dan Hooker, neighbor to west,indicated concerns. They are not abandoning the well but are abandoning the permit
to drill a well. There is another concern that the access does not have culvert under it. There are drainage concerns
and it would be a good idea to have one. CDOT planning needs to be better along this area. The Town of Berthoud
needs to be concerned with the highway. There needs to be concern with what is going to happen in the area.
John Folsom asked Mr. Schei about the culvert. Mr. Schei indicated this was a CDOT issue and would be
addressed by them.
Lisa Hoskins, neighbor, stated there is hunting on the property to the east.
The Chair closed public portion
Harvey Markham indicated they are trying to get the surveyors together with regards to the fence line. The culvert
will be addressed and there is no drainage problem for the site itself.
Chris Gathman added there is another option for the open space specifically a fee in lieu. Mr. Miller indicated the
comments stated the requirement can be waived as long it meets the requirements of the section. The intent for
open space is to provide an open space for people to recreate and neighbors to gather. How does this meet the
intent in order for it to be waived? Mr.Gathman stated staff determined this is not urban scale subdivision therefore
there is not an open space requirement. Mr. Miller stated the waiver can only be granted if the intent was found to
have been met. Mr.Gathman added that the staff decision was based on the location of the proposed subdivision in
regards to other existing subdivisions, the Town of Berthoud's comments and the number of lots. Mr. Miller stated
that it is considered to be urban because it is adjacent to Berthoud.
James Rohn asked if Berthoud was aware there would be no open space. Mr. Gathman stated the referral packet
that was received by the Town of.Berthoud did not include any open space.
Chris Gathman stated a condition could be included in regards to the irrigation line but this change of zone will only
address the property boundaries. The easement could be accomplished at Final Plat stage.
Michael Miller asked Mr. Morrison how best to address the issue for easement. Mr. Morrison asked if final plat was
to be staff approved. Mr.Gathman stated it was. Mr. Morrison added it could be addressed at this time by Planning
Commission. Mr. Gathman suggested placing the standard language consisting of"the applicant shall provide a
copy of an agreement with the owner of any ditch located on or adjacent to the site or shall provide written evidence
that an adequate attempt has been made to mitigate the concerns of the ditch owners" be added as condition 1 F.
r' Bryant Gimlin moved to approve the above referenced language. James Rohn seconded. Motion carried.
Michael Miller asked Mr. Markham if he was in agreement with the Development Standard and Conditions of
Approval. Mr. Markham indicated he was.
James Rohn asked if the waiver for open space was going to be reviewed and removed. Mr. Miller stated that if it
would be considered for removal it would be within Planning Commission rights to make that motion. Mr. Miller
asked Mr.Rohn if that was what he would like to do. Mr. Rohn responded he would like to make a motion but would
like the attorney to form the language of the motion. Mr. Gathman added that if the application would have been a
minor subdivision there would be no requirement for open space either.
Bryant Gimlin added this is a non-urban scale subdivision and the only thing that is making the application
considered urban scale is the location. There are only six lots on seventeen plus acres. This provides larger lots
and a more open area plan. If the open space is required it would reduce the size of the lots making it more urban in
nature. Mr. Miller stated it would be 2.4 acres over the entire size of the property. Mr. Miller added that was the
reasoning given by a commissioner, was they live in open space and this goes against the principle behind open
space. The intent of the open space is for the neighbor to be able to gather where they are not on a private property.
There is no common area for people to gather. Mr. Miller disagrees with the removal of the open space requirement
in the code. Mr. Rohn added there is an HOA on the property that could be responsible for any open space. Mr.
Gathman added the retention/detention pond will need to be addressed with regards to maintenance. Mr. Miller
stated the biggest problem with the amendment is that the application does not include open space and for Planning
Commission to require the open space would make the applicant have to submit basically a new application. Mr.
Morrison stated the lots will need to be drawn at final plan; this is a change of zone application. It would not inhibit
the County process. The change of zone will be approved and if the applicant comes back with five lots instead of
six he will not need to begin again.
John Folsom stated each case must be determined on its own merit. With just six lots there is no need for open
space. Mr. Miller disagrees with the elimination of open space as a whole but not particularly in this case. Mr.
Fitzgerald added PUD's come in the MUD area with many more lots than nine.
Lee Morrison provided the language requested by Mr. Rohn. The language would be added to 2 B "the Planning
Commission does not concur with staff determination for the following reasons,the development is considered urban
scale and the development is next to a town and therefore recommends that the Board of County Commissioners
.^ not sustain the waiver."
James Rohn moved to provide language that the Planning Commission does not agree with the waiver
recommended by staff. No second, motion fails.
Lee Morrison added the covenants deal with open space which there is none. The comments need to modify 3 B.
Mr. Gathman stated the retention pond would need to be addressed specifically for the access for maintenance.
There will need to be an easement to access from the road.
James Rohn moved to amend 3 B to remove the language open space and replace with retention. James Welch
seconded. Motion carried
Chad Auer moved that Case PZ-1077, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,
yes;James Welch,yes;Michael Miller,yes; Bryant Gimlin,yes;James Rohn,yes;Chad Auer,yes;Bruce Fitzgerald,
yes; Tom Holton, yes. Motion carried unanimously.
Michael Miller commented on the open space issues and he would encourage the Board of County Commissioners
to review the policy on open space in PUD and take this issue up again and find ground in the middle to make more
sense.
The following cases were read into the record. They will be presented at the same time but voted upon
separately.
CASE NUMBER: USR-1502
APPLICANT: Chad &Angela Lease& Michael Lafferty
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot 8 of Scott's Acres; Pt NE4 of Section 9, Ti N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a single family
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