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HomeMy WebLinkAbout20042903 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephen Mokray, along with additional language to 2F, that the following resolution be introduced for passage b y the Weld C ounty Planning Commission. B e it resolved b y the Weld C ounty Planning Commission that the application for: CASE NUMBER: USR-1464 APPLICANT: Alfonso Borrego PLANNER: Michelle Katyryniuk LEGAL DESCRIPTION: Lot A of Corrected RE-3089; part S2 SE4 Section 33,T5N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit fo an oil and gas support and service facility,and a single-family dwelling unit other than that permitted by Section 23-3-20.A(an apartment) in the A(Agricultural)Zone District. LOCATION: North of and adjacent to CR 50; approximately 3,000 feet west of CR 43. 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal 4) states, "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." Application materials indicate that the site can support the proposed use.Conditions of Approval and Development standards ensure that a reasonable attempt will be made to be compatible with the region. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-40.A.2 and Section 23-3-40.L of the Weld County Code provides for a Mineral resource development facility including an oil and gas support and service facility in the A(Agricultural) Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property to the north, east and west are primarily agricultural. The property to the south is under review (USR-1454)for a Mineral resource development facility including an oil and gas support and service facility; semi-trailer and cargo containers situated as permanent storage units,and a use permitted as a use by right, an accessory use, or a use by special review in the commercial or industrial zone districts, (an industrial machine shop) in the A (Agricultural) Zone District. The development standards and conditions of approval will ensure compatibility with adjacent properties. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with 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 and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The subject property lies within the three mile referral area of the City of m \ Evans, Garden City, Town of La Salle and the City of Greeley. The City of Evans, Town of Garden City, Town of LaSalle and the City of Greeley reviewed the request and found no conflicts with their interests. E. Section 23-2-220.A.5 —The site does not lie within any Overlay Districts. Building Permits issued on the Lot will be required to adhere to the fee structure of County Wide Road Impact anors . Program (Ordinance 2002-11). 2004-2903 Resolution USR-1464 Alfonso Borrego Page 2 F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The lot is too small to be a viable farming operation in accordance with Section 22-2-60.1 of the Weld County Code. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to scheduling a Board of County Commissioners hearing: A. The applicant has not delineated any on-site sign(s). If any on-site sign(s)are desired the Department of Planning Services shall be notified in writing. The signs shall adhere to Section 23-4-90.A and .B of the Weld County Code. One identification sign per principal use shall be allowed, provided that the sign does not exceed sixteen (16)square feet in area per face. Further, the location of the sign, if applicable shall be delineated on the USR plat. (Department of Planning Services) B. Written evidence from the oil and gas company indicating all requirements and agreements between the surface developer and the mineral owners and/or lessees have been completed shall be submitted or evidence that an adequate attempt has been made to mitigate their concerns s hall b e submitted to the Department o f Planning Services. ( Department of Planning Services) 2. Prior to recording the plat: A. All pages of the plat shall be labeled USR-1464 (Department of Planning Services) B. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The approved Landscape/Screening Plan. (Department of Planning Services) 3) County Road 50 is designated on the Weld County Roadway Classification Plan,as local paved road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.A total of 30 feet from the centerline of County Road 50 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) 4) This facility, shall adhere to the number of on-site parking spaces in Appendix 23-B of the Weld County Code. The total number of on-site parking for this facility shall be twenty (20) spaces, of which one (1) shall be a van accessible handicapped parking stall meeting all of the requirements as set forth in the Americans with Disabilities Act. Further, the applicant shall delineate curb stops for the parking spaces shown on the USR plat. (Department of Planning Services and Public Works) 5) The applicant shall address and adhere to the American with Disabilities Act and ADA standards for this facility at all times. Non-ambulatory/ Ambulatory parking spaces shall be identified and shown on the plat. This site will be required to meet all requirements of the Americans with Disabilities Act. At least one space must be van accessible. The parking spaces must be the closest possible to the entrance. Signing will be required. Curb cuts, ramps and other methods of providing Resolution USR-1464 Alfonso Borrego Page 3 accessibility shall be required to reasonably attempt to meet the requirements of this Act. Should the applicant elect to not adhere to the previously discussed Federal Standards, this office requests that the applicant outline how their proposed site design mitigates the requirements of the American's with Disabilities Act. (Department of Planning Services) 6) The internal circulation within the site is unclear. Future drawings shall delineate the proposed circulation pattern throughout the property, including the service yard. (Department of Planning Services and Public Works) 7) Any approved signs, if applicable. (Department of Planning Services) 8) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) C. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan shall address the following: 1) Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. 2) Section 23-3-360.F of the Weld County Code addresses the issue of on-site lighting, including security lighting if applicable. States "any lighting ... shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties...." 3) The application materials show a fence located around the perimeter of the oil and gas support and service facility, however it is unclear what the size of the fence is, the materials that it's constructed from and how access is attained to this portion of the site. The applicant shall submitted additional information so the Department of Planning Services can determine if all outdoor storage is efficiently screened from surrounding properties and road rights-of-way. 4) The applicant shall demonstrate how the proposed and existing plant material will be irrigated. (Department of Planning Services) D. The applicant shall address the fenced enclosure east of the northern tank battery. Access appears to be restricted at this point by the fenced enclosure and the berm. The applicant shall provide written evidence from all appropriate emergency responders stating that the proposed berm will not restrict emergency access to this facility. (Department of Planning Services) E. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The improvements agreement will not be needed if the necessary improvements are done to the satisfaction of the Department of Public Works and the Department of Planning Services. (Department of Planning Services) F. The applicant shall contact the Weld County Department of Public Works to determine if the proposed drainage and access is adequate. Evidence of Weld County Department of Public Works approval shall be submitted to the Department of Planning Services. (Department of Planning Services) Resolution USR-1464 Alfonso Borrego Page 4 G. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. (West Greeley Soil Conservation District) H. The applicant submit to the Weld County Department of Planning Services a list of concerns/requirements from the La Salle Fire Protection District and how they are addressing each one of their concerns/requirements. (La Salle Fire Protection District) In the event the applicant intends to paint their vehicle equipment, the applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division (APCD), Colorado Department of Health and Environment. Alternately, the applicant can provide written evidence that they are not subject to these requirements. Evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) • J. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) K. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide written evidence from that they are not subject to these requirements. Evidence of such Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) L. Should a floor drain be constructed in the truck maintenance building the applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA). Alternately, the applicant can provide written evidence that they are not subject to the EPA Class V requirements. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) M. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services. Evidence of the Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) N. If oil and/or fuel tanks are constructed on site the applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E),Oil Inspection Section. Alternately,the applicant can provide written evidence that they are not subject to these requirements. Evidence of the Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) O. The applicant shall submit a waste handling plan,for approval,to the Environmental Health Services Division of the Weld County Department of Public Health&Environment. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. Resolution USR-1464 Alfonso Borrego Page 5 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) P. The applicant shall attempt to address the requirements (concerns)of Division of Wildlife, as stated in the referral response dated February 24, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) Q. 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. Prior to issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed office, apartment, truck maintenance area and future home and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system(s)is/are required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 4. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsCa�co.weld.co.us. (Department of Planning Services) 6, The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Alfonso Borrego USR-1464 1. A Site Specific Development Plan and Special Review Permit for a Mineral resource development facility including an oil and gas support and service facility in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5,C.R.S.,as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of Public Health and Environment) 7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 8. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 12. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 13. The facility shall utilize the existing public water supply (Central Weld County Water District). (Department of Public Health and Environment) 14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's)and volatile organic compounds (VOC's). (Department of Public Health and Environment) 15. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) Resolution USR-1464 Alfonso Borrego Page 2 16. The operation shall comply with all applicable rules and regulations from the Weld County Code,State of Colorado,Air Pollution Control Division and Water Quality Control Division,Colorado Department of Labor and Employment, and the Environmental Protection Agency. (Department of Public Health and Environment) 17. A plan review is required for each building for which a building permit is required. (Department of Building Inspection) 18. 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 Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 19. Except for pole type structure, 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) 20. 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 from the building. (Department of Building Inspection) 21. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and not prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and / or unplanned ponding of storm run-off. (Department of Public Works) 22. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 23. 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) 24. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 25. As indicated by the application material the hours of operation will be limited to 6:00 am - 6:00 pm daily. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property.(Department of Planning Services) 26. As indicated by the application, the number of employees for the oil and gas support services shall be limited to ten (10). (Department of Planning Services) 27. Prior to the certificate of occupancy for the"future home" (as labeled on the plat)the"second story apartment" (as labeled on the plat) shall be converted into an Accessory Building. The Accessory Building and shall comply with the definition of Accessory Building in Section 23-1-90 of the Weld County Code and maintain compliance with the following conditions: a) Electricity is the only utility which will be connected to the structure. b) The structure shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. (Department of Planning Services) Resolution USR-1464 Alfonso Borrego Page 3 28. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services) 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 31. Personnel from the 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. 32. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 33. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Motion seconded by Bruce Fitzgerald VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Tim Tracy Doug Ochsner 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 6, 2004. Dated the 6'h of April, 2004. Joi W) Voneen Macklin Secretary y_L-0=i banks vary as to what they require for finance purposes. The County requires them to be engineered according to the State requirements which requires a permanent foundation. Mr. Fitzgerald asked what the applicant would need to do to obtain a permanent foundation on a structure that already exitst. Mr.Vigil stated that it should be on a permanent foundation. Some banks will allow cassions retrofitted to become permanent. Michael Miller asked if there was anything unsafe about the way the house is set. Mr.Vigil stated no. Lee Morrison added that the legislature got into the issue and said that manufacture homes, if put on a permanent foundation should be treated the same as site built homes. Mr. Miller added that bank financing or separate lots are not being viewed,what is being viewed is the basic concern for safe installation. If there is safe installation the Planning Commission should waive the requirement for a permanent foundation, if Planning Commission has that ability. Mr. Morrison stated that it could be recommended to the Board of County Commissioners. Michael Miller addressed the concerns brought forward by the applicants representative. Mr. Honn clarified • that everything submitted indicates the access to be on CR 21. He stated that at a previous meeting with staff it was indicated that what was submitted was fine and the information would be converted later. Bruce Fitzgerald moved to strike Condition 1B referencing temporary versus permanent. Stephen Mokray seconded. Stephen Mokray moved that Case USR 1463,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; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Doug Ochsner, yes; Bruce Fitzgerald,yes. Motion carried unanimously. Michael Miller commented that the County should apologize to these people for dragging then through this for something that was handled poorly several years ago. He hopes the Board of County Commissioners stands by the recommendation to waive the foundation requirements. CASE NUMBER: USR-1464 APPLICANT: Alfonso Borrego PLANNER Michelle Katyryniuk LEGAL DESCRIPTION: Lot A of Corrected RE-3089;part S2 SE4 Section 33,T5N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permitfo an oil and gas support and service facility, and a single-family dwelling unit other than that permitted by Section 23-3-20.A(an apartment) in the A(Agricultural)Zone District. LOCATION: North of and adjacent to CR 50; approximately 3,000 feet west of CR 43. Michelle Katyryniuk, Department of Planning Services presented Case USR-1464, 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. Bruce Fitzgerald asked Ms. Katyryniuk about the succession of the emails received. Ms. Katyryniuk stated the final email according to the date is the most current. Ms. Katyryniuk indicated the applicant understands that the apartment will be used as the principal dwelling until they construct their future home. The apartment will then be considered an accessory building as stated by the Development Standards. \ George Hallburg, representative for the applicant, provided clarification on the project. He stated that it is family operation. Mr. Miller asked what the applicant intends to do on the site. Mr. Hallburg stated it was t maintenance facility for oil and gas support. Alfonso Borrego, applicant, indicated his need is to have a plac W to park the equipment for the operation. He added that there will be a shop with an apartment located on th \l second floor. Mr. Borrego indicated there will be backhoes and tandems parked on site. S Bryant Gimlin asked what the intent is with the apartment once the residence is built. Mr. Borrego stated he intends on turning it into an office. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Don Carroll, Public Works, asked about the access to the site because the existing access is in the plowed field. Mr.Carroll suggested creating a shared access with the proposed USR-1454. Public Works would like clarification on what will be utilized. Mr. Hallburg indicated that presently they were going to construct the access within the 30 foot strip of land that is part of the property. The applicant would be willing to discuss a shared access option with the adjoining property owner. Mr. Miller asked if the road access to the property would be an extension of the oil and gas road that is already present? Mr. Hallburg indicated it would. Mr. Carroll suggested sharing the access points adverse to having two roads close together. Mr.Hallburg clarified that there would be a shared access with the oil and gas company. Michelle Katyryniuk clarified that the same access that the oil and gas company uses is the same access Mr. Arrington uses. Mr.Carroll indicated there was two separate accesses but they are on the Rainbow property. Mr.Borrego stated he has 30 feet on the east side of the Rainbow access. He was intending to build a culvert for his road access. Mr. Carroll prefers one access point that will split into two roads. Bryant Gimlin asked for clarification on the configuration of the property. Mr. Hallburg indicated the original RE would need to be referred to in order to get a clear understanding of how the property was created. Don Carroll suggested adding"and access"to Condition 2F to address the access concerns for Public Works. Bryant Gimlin moved to accept the proposed language from Public Works. Bruce Fitzgerald seconded. Motion carried. Stephen Mokray moved that Case USR-1464,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; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Doug Ochsner, yes; Bruce Fitzgerald,yes. Motion carried unanimously. CASE NUMBER: PZ-1032 APPLICANT: UIV Land LLC PLANNER: Kim Ogle LEGAL DESCRIPTION: Amended Lot B of AmRE-3340;part NW4 Section 20 and part SW4 Section 17, T5N, R67W of the 6th P.M.,Weld County, Colorado. REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for nine(9) residential lots, two (2) lots with Agricultural Zone Uses along with 13.63 acres of Common Open Space(Stillwater Acres PUD). LOCATION: East of and adjacent to CR 15; Y mile north of CR 54. Kim Ogle, Department of Planning Services presented Case PZ-1032, 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. Mr. Ogle stated there were two amendments to staff comments as follows: 1. Modification to the Change of Zone Comments, under the heading �.� At the time of Final Plan submission, Item 4.R is a repeat of item 4.H, staff moves to strike item 4.R and renumber. 2. Addition to Staff Comment, Section 3, Prior to Recording the Change of Zone plat, Item 3.F should state"The applicant provide written evidence of acceptance of the Change of Zone plat and the notes to be placed on the Change of Zone plat from the Reorganized Farmers Ditch Company do Randolph W. Starr, P.C.,Attorney", and renumber. Hello