HomeMy WebLinkAbout20042594.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tonya Strobel, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MZ-547
APPLICANT: Olando Ltd. Liability Company
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2016; Pt of the SE4 of Section 16, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Minor Subdivision Change of Zone from A (Agricultural) Zone District to E
(Estate)for nine (9) residential lots. (Owl Creek Estates).
LOCATION: North of and adjacent to Hwy 392; '/ mile east of CR 53.
be recommended unfavorably to the Board of County Commissioners for the following reasons:
THE PLANNING COMMISSION'S STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE
FOLLOWING REASONS:
1. The submitted materials are not in compliance with Section 23-2-30 of the Weld County Code as
follows:
A. Section 23-2-30.A.1.The proposal is not consistent with Chapter 22 of the Weld County Code.
Section 22-2-60.D. (A.Goal 4.) -- 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. This goal is intended to address conversion of agricultural land to nonurban uses.
Once converted, this land is less conducive to agricultural production. The site is less than
1000 feet from an existing dairy. The dairy is permitted for 3,600 head of cattle by Amended
Use By Special Review Permit 820. The applicant has included the Right-to-Farm Statement,
however, Planning Staff believes that an inadequate attempt has been made by the applicant
to ensure compatibility.
B. Section 23-2-30.A.2. states`That the uses which would be allowed on the subject property by
granting the Change of Zone will be compatible with the surrounding land uses."Given the
close proximity to the existing dairy, Conditions of Approval and Development Standards can
not ensure compatibility with surrounding properties.
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.
Should the Board of County Commissioners choose to approve the Change of Zone from the A(Agricultural)
to E (Estate) Zone for nine (9) lots Planning Staff recommends the following be attached as Conditions for
approval:
1. Prior to scheduling a Board of County Commissioners hearing:
A. OG.Policy 1.1 of the Weld Comprehensive Plan states "new planned unit developments or
subdivisions should be planned to take into account current and future oil and gas drilling
activity to the extent oil and gas development can reasonably be anticipated." Application
materials include a letter from Petroleum Development Corporation stating that they do not
object to the development. However, no comments were included from the remaining mineral
lessees and owner. The applicant shall either submit to the Weld County Department of
Planning Services a copy of an agreement with the properties mineral owners and lessees
stipulating that the oil and gas activities have adequately been incorporated into the design o
the site or indicate the 400' x 400' and the 800' x 800' drilling envelope locations per state
statute.
2004-2594
4y
Resolution MZ-547
Olando Land
Page 2
B. County records indicate that Owl Creek is an active ditch.The applicant shall contact the ditch
company. Either a copy of an agreement with the ditch owner, stipulating that the ditch
activities have adequately been incorporated into the design of the site shall be submitted to
the Weld County Department of Planning Services or the applicant shall show evidence that
an adequate attempt has been made to mitigate their concerns. (Department of Planning
Services)
C. There are two water wells located on the property in the vicinity of Lots 1 and 5. (Well permit
numbers 228114 and 228115) that are not identified on any maps or discussed in the
application. The applicant shall submit information regarding the proposed use of these wells
to the Department of Planning Services for review. (Department of Public Health and
Environment)
2. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled MZ-547
2) State Highway 392 right-of-way shall be shown as seventy-five (75) feet from
centerline. (CDOT)
3) Access to State Highway 392 will require compliance with the existing permit from
the Colorado Department of Transportation (CDOT), including: rights-of-way,
reservations, improvements, and future expansion. The State Highway right-of-way
shall be clearly identified or labeled on the change of zone plat.(Department of Public
Works)
4) In a referral dated June 4, 2004, the Platte Valley School District has indicated that
a 100 foot turn around point near to Highway 392 should be designated for safe pickup
and drop off of students. The plat shall be amended to meet the Districts
requirements. Evidence of School District approval shall be submitted to the
Department of Planning Services. (Platte Valley School District)
5) The applicant shall submit written evidence from the Postal Service indicating that
delivery will be to individual lots. If a community box is required, the plat shall be
amended to include a pull off area outside of the road right-of-way. The pull off area
will be reviewed by the Departments of Planning Services and Public Works and the
Colorado Department of Transportation(if applicable)to determine adequacy prior to
approval. (Department of Planning Services)
6) The internal roadway right-of-way shall be 60-feet in width including cul-de-sacs with
a 65-foot radius, and dedicated to the public. The typical roadway section of interior
roadway should be shown as two 12-foot paved lanes with 4-foot gravel shoulders on
the change of zone plat. The cul-de-sac edge of pavement radius shall be 50-feet.
Stop signs and street name signs will be required at all intersections. (Department
of Planning Services)
7) The applicant shall indicate the location of the proposed subdivision sign. The sign
should be located on property to be owned and maintained by the Home Owners
Association,outside of the sight distance triangle. (Department of Planning Services)
8) The applicant shall indicate the required setback in accordance with Section 23-3-
440. L of the Weld County Code from the existing well head located on Lot 1.
(Department of Planning Services)
Resolution MZ-547
Olando Land
Page 3
B. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services.Upon approval of the paper copies the applicant shall
submit a Mylar plat and 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).The Mylar plat
shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services'Staff. The Mylar plat and additional requirements shall be submitted within
thirty(30)days from the date of the Board of County Commissioners approval. The applicant
shall be responsible for paying the recording fee. (Department of Planning Services)
3. The Change of Zone is conditional upon the following and each shall be placed on the Change of Zone
plat as notes, prior to recording:
A. The Change of Zone allows for Estate uses and shall comply with the Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision shall
consist of nine (9)residential lots. (Department of Planning Services)
B. Water service shall be obtained from the North Weld County Water District. (Department of
Public Health and Environment)
C. A Weld County septic permit is required for each proposed septic system, which shall be
installed in according to the Weld County individual sewage disposal system regulations.
Each septic system shall be designed for site-specific conditions, including, but not limited
to: maximum seasonal high groundwater, poor soils, and shallow bedrock. (Department of
Public Health and Environment)
D. If required, 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)
E. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions,at the request of the
Weld County Health Department,a fugitive dust control plan must be submitted. (Department
of Public Health and Environment)
F. 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 which are technologically feasible and economically reasonable in order to
minimize dust emissions. (Department of Public Health and Environment)
G. 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)
H. The access located at the southwest corner of the site is exclusively for accessing of the oil
and gas structures located on the site. The access shall be removed upon completion of oil
and gas production. (CDOT)
Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Department of Planning Services)
J. The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
Resolution MZ-547
Olando Land
Page 4
K. Weld County Government 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)
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
M. 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 along with the enforcement of covenants. (Department of Planning Services)
N. 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)
O. Building permits shall be obtained prior to the construction of any building. (Building
Inspection)
P. 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. (Building Inspection)
Q. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 2003 International Building Code;
2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection)
R. 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. (Building Inspection)
S. Building height shall be limited to the maximum height allowed per International Building Code
Table 503. Wall and opening protection and limitations shall be in accordance with
International Building Code Table 503. Separation of buildings of mixed occupancy
classifications shall be in accordance with International Building Code Table 302.3.2 and
Chapter 3. Setback and offset distances shall be determined by the Chapter 23 of the Weld
County Code. (Building Inspection)
T. Building height shall be measured in accordance with the 2004 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.
(Building Inspection)
U. All landscaping within the sight distance triangles must be less than 3% feet in height at
maturity. (Department of Public Works)
V. The Weld County Sheriff's Office has limited traffic enforcement powers within subdivisions
where the roadways are not maintained or adopted by the County. (Sheriff's Office)
Resolution MZ-547
Olando Land
Page 5
W. 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)
4. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence from Platte Valley
School District which indicates that the $750 per lot cash-in-lieu fee has been paid.
(Department of Planning Services)
B. Prior to recording the final plat,the applicant shall submit a signed Water Service Agreement
with North Weld County Water District. (Department of Planning Services)
C. Prior to submitting the final plan application, the applicant shall contact Lin Dodge with the
Weld County Building Inspection Department to obtain preliminary addresses for the lots.
(Department of Planning Services)
D. Prior to submitting the final plan application,the applicant shall contact the appropriate postal
service for review of the preliminary addresses and street name. Evidence of review by the
postal Service shall be submitted to the Department of Planning Services. (Department of
Planning Services)
E. The final plan application packets shall include copies of the preliminary addresses and street
name for review by the appropriate referral agencies. (Department of Planning Services)
F. The Weld County Sheriff's Office has indicated that the entrance sign should include a detail
of the subdivision and addresses. The final plan application shall include a detail of the sign
which addresses the Sheriffs Office concerns. (Sheriffs Office)
G. Intersection sight-distance-triangles at the development entrance will be required. All
landscaping within the triangles must be less than 31/2 feet in height at maturity, and noted on
the final roadway plan. (Department of Public Works)
H. The applicant shall submit to Public Works stamped,signed and dated final plat drawings and
roadway / construction & grading plan drawings for review (with the final application) and
approval. Construction details must be included. This is consistent with County Code: Sec.
24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and
seals of all parties required."(Department of Public Works)
Stop signs and street name sign locations must be shown on the final roadway construction
plans. Stop signs and street name signs will be required at State Highway 392. (Department
of Public Works)
J. The applicant shall submit an Improvements Agreement According to Policy Regarding
Collateral For Improvements(Private Road Maintenance)with the final plan application. This
agreement must be reviewed by the Departments of Public Works and Planning Services and
shall be approved by the Board of County Commissioners prior to recording the final plat.
(Departments of Public Works and Planning Services)
K. The applicant shall submit covenants for Owl Creek Estates.The covenants shall be approved
/0— by the Weld County Attorney's Office prior to recording the final plat. (Department of Planning
Services)
L. The applicant shall submit paperwork regarding the incorporation of the Home Owners
Association. The paperwork shall be approved by the Weld County Attorney's Office prior to
recording the final plat.(Department of Planning Services)
Resolution MZ-547
Olando Land
Page 6
M. The Final Drainage And Erosion Control Report for Owl Creek Estates dated May 21, 2004,
by North Star Design must be revised and resubmitted to Public Works. The engineer must
address a larger off-site tributary watershed area showing the'big picture'drainage surrounding
the proposed development.The engineer shall discuss a possible flood hazard of Owl Creek,
especially the inundation area along the creek caused by a 100-year storm, since the creek
crosses SH 392. The State Highway may restrict the flows of Owl Creek during a major storm
event. (There may be areas of lots that adjoin Owl Creek,which are not suitable for building.)
The engineer shall specifically research and document the 100-year storm, and the
over-topping event of Howards Lake. There does not appear to be any consideration for an
over-topping event of the lake and the potential damaging effect on residential homes
downstream. (Department of Public Works)
N. A final drainage report stamped, signed and dated by a professional engineer licensed in the
State of Colorado shall be submitted with the final plan application. The 5-year storm and
100-year storm drainage studies shall take into consideration off-site flows both entering and
leaving the development. Increased runoff due to development will require detention of the
100-year storm developed condition while releasing the 5-year storm existing condition. The
final drainage report shall include a flood hazard review documenting any FEMA defined
floodways. The engineer shall reference the specific map panel number, including date. The
development site shall be located on the copy of the FEMA map. (Department of Public
Works)
O. The applicant shall prepare a construction detail for typical lot grading with respect to drainage
at final plan. 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)
P. 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. (Department of Public Works)
Q. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Public Works)
R. Prior to recording the final plat, the applicant shall submit a digital file of all drawings
associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are.shp(Shape Files),Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6
is not acceptable). (Department of Planning Services)
Motion seconded by Bruce Fitzgerald
Resolution MZ-547
Olando Land
Page 7
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Stobel
Chad Auer
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 August 3, 2004.
Dated the 3r°of August, 2004.
v\
Voneen Macklin
Secretary
?-5 ;,.r/
Mike Harvey indicated the border on the map is the four sides that are presently vacant ground. There will be
a single access to the area which will be across the street from the fire station. The parking will be in the
driveways and not on the streets.
Lee Morrison asked if the modular home meets the definition of manufactured home in accordance to code?
Mr. Harvey indicated it does meet the definition in accordance to the Weld County Code. Mr. Morrison added
that the nature of the construction of the homes be described in accordance to the code definition. Mr.
Morrison stated that a manufactured home is built to HUD standards and has permanent installation with a
pitched roof. This is also considered a site built structure according to the code. Ms. Martin read the definition
of manufactured home from the Weld County Code and added the application specifically states stick built or
manufactured.
Michael Miller asked if any Development Standard or Condition addresses the 6 foot fence. Ms. Martin
indicated there is a Development Standard to attempt to address the concerns for the City of Greeley, which
requested the 6 foot fence.
Bryant Gimlin moved that Case MJF-1062, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya Strobel, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
CASE NUMBER: MZ-547
APPLICANT: Olando Ltd. Liability Company
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2016; Pt of the SE4 of Section 16, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Minor Subdivision Change of Zone from A (Agricultural) Zone District to E
(Estate)for nine(9) residential lots. (Owl Creek Estates).
LOCATION: North of and adjacent to Hwy 392; '/2 mile east of CR 53.
Sheri Lockman, Department of Planning Services presented Case MZ-547, reading the recommendation and
comments into the record. The Department of Planning Services is recommending denial of the application.
Michael Miller asked if the previous application made it through Board of County Commissioners or was it
withdrawn. Ms. Lockman stated the PUD was denied but it was not presented by this applicant. This applicant
came back with a substantial change and now the minor subdivision change of zone.
Todd Hodges, representative, provided clarification regarding the project. The prior owner had a PUD and was
approved by Planning Commission but not the Board of County Commissioners. In November 2003 a
substantial change was done and approved by both the Planning Commission and Board of County
Commissioners. The applicant is therefor back to the minor subdivision change of zone. The access has been
centrally located with the permits needed through CDOT. The drill sites have been delineated on the plat along
with the well sites. The applicant has been working on agreements with the two existing well sites but those
are not complete yet. The primary land uses are agriculture and residential. Mr. Hodges went through photos
from various locations on the site. Staffs denial is based on the location to the approved dairy to the east and
compatibility with it. This proposal will be governed with covenants not like the surrounding area. The
surrounding area was largely created with the recorded exemption process. The applicant has discussed the
proposal with the owner of the dairy and there has not been any objections. The dairy was approved throug
the amended USR process. The dairy was required to operate with existing and future land uses in the area
which are minor subdivisions. The large lots lend themselves to a higher and greater use than the exiting
agricultural use.
Bryant Gimlin asked Mr. Hodges about lot A and if it exited onto Hwy 392. Mr. Hodges indicated that it doe•
and there was no other option. Mr. Hodges indicated that there is a Condition for the Oil & Gas that if it goe•
away their access goes away. This access has been approved through CDOT. Mr. Gimlin asked if draft
covenants were done. Mr. Hodges indicated they have not been. Mr. Gimlin asked if he would be willing to
place something in the covenants that addresses the dairy? Mr. Hodges stated it could be discussed with the
applicants. Mr. Morrison stated that there is a provision in State Law that addresses this issue. Mr. Gimlin's
intent is to make sure the lot owners were informed of the dairy.
Doug Ochsner asked for clarification on the covenants and rather animals were allowed. Also what type of
subdivision is envisioned are they large homes, agricultural homes with animals? Mr. Hodges stated that the
animal units will be as allowed with the Estate Zone District. This subdivision would allow one animal unit per
acre and the intent is to allow for animal units,4H projects and gardening type uses. Mr. Hodges indicated that
this was the highest and best use for the property since it was not productive based on the water. Mr. Ochsner
asked if there was any water that went with any of the lots. Tammy Ellerman,provided clarification with regards
to the water and homes. The homes will be stick built nice homes. They will be able to have 4H projects with
niece barns. The covenants will address most of the issue brought forward today. There are 2 shares of
Larimer and Weld Irrigation water. The delivery varies every year.
Michael Miller asked if there is no irrigation water how are the owners going to maintain the lots. Ms. Ellerman
stated that dryland farming can be done. The water can be kept with the ground but the concern is who will
irrigate the land. There would need to be one person who would be responsible. Mr. Miller stated that lots of
this size without water become nothing but weeds it is important to have water available. It is not required in
the code but encouraged since there will be animals on the lots. It is very difficult to maintain large lots with
no water. Ms. Ellerman indicated that on the east side there was some sub-irrigation. Mr. Miller asked Mr.
Hodges about the previous application being denied because of lot size. Mr. Hodges indicated that some was
based on lot size,open space and maintenance of that open space. The lots in the previous application were
smaller and clustered. Ms. Lockman read excerpts from the minutes of the denied COZ which addressed the
reasons for denial. Mr. Miller indicated that it was stated the way the lots are laid out was a higher and greater
use than current land use especially when there is no water. The land can currently grow crops,what happens
if it is broken up and all the water is removed, this is not a better use. Mr. Hodges stated that the existing
water is not adequate for the operation or financially feasible for agricultural production. The higher and best
use would be the smaller lots with the 4H projects that would graze animals on dryland.
James Rohn asked Mr. Schei about his referral and clarification. Mr. Schei indicated there is no place in
County Code that requires a minor subdivision to be paved. Public Works cannot require a minor subdivision
to be paved. The applicant has indicated the interior roadway would be paved and Public Works will accept
the roadway when the warranty period is up. Mr. Rohn asked Mr. Morrison if there was a way to put a condition
that it must be paved. Ms. Lockman indicated that the Condition is already present based on the applicants
willingness to pave the interior road.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Julie Boiles, neighbor, objects in part because the Sheriff's Office does not have ability to absorb any more
service. Mr. Miller clarified that this is a typical statement that is on every application. Ms. Boiles continued
that the previous application that was denied was in part for the adequacy of the water. The new development
has eliminated the open space and added homes to the plan,the total acreage is still the same. It will require
more water for the landscaping of subdivision lots. The agreement with North Weld Water District has not been
signed. The water district will restrict delivery when CBT water is less than 50%. The neighbor cannot buy any
more water because of the drought. There is such a water shortage around the state it is hard to understand
developing more. The third objection is the preservation of agriculture ground in this county putting a subdivision
close to a municipality will defeat the purpose of the right to farm clause and it is inconsistent with the
development in the area. The density is greater then anything within miles. The elimination of the open space
defeats the rural living incentive. The neighborhood will be affected with the increase of homes including the
noise and increase on demand for services. There will also be an increase in traffic on Hwy 392. The increase
of 86 trips per day would be incredible. The semi traffic has increased in the area. There will be increased
conflicts with increase development in the area. The covenants should be included in the application to provide
additional information as to what is expected. The County can either continue to develop or continue to farm
but we will not be able to do both.
Cynthia Vance, neighbor on Hwy 392& CR 55,opposes the development. The traffic is 55 mph but there are
many accidents. There has been an increase in traffic along the highway with lots of semi trucks that do not
slow down. There is little water pressure in the area. People in the area have constantly complained about the
dairy to the Board of County Commissioners for the last 8 years. Ms. Vance does not recommend an
additional 9 homes in the area.
Darryl Delka, neighbor, indicated concerns with the development. Mr. Delke has questions on the quality of
homes that will be built. The neighbors have no idea of what is being proposed. There are no homes on the
property presently. There was water included in the sale of the original property now there are only two shares.
This is an existing acreage that was farmed with water. The sub-irrigation property sets at the bottom of the
hill. If the ground is dryland and once it is grazed clean it does not come back without applying water to it.
The dairy is still a problem along with the noise. Mr. Morrison asked if there was a basis for this issue. Mr.
Delke indicated that the development will not coexistent with the existing neighbor. The entrance is on a
hillside onto Hwy 392,this will prove to be dangerous for school buses. There is no fence along the creek and
trash problems exist and will be worse with more people. There are to many questions at this point and time.
The Chair closed public portion
James Rohn abstained from the case.
Todd Hodges,addressed the concerns with the surrounding owners. There are subdivisions located in the area.
The development of the covenants is costly and those will be done with the final plan. Those can be made
available to the public as soon as possible. An approval is needed prior to the financial burden of the covenants.
Mobile homes would need to go through a different process therefor these homes will be stick built and nice
homes. This proposed use encourages the continued agricultural uses. There can be several issues that arise
with different land uses. There is a State Statue and right to farm covenant that addresses the situation but
there can also be language in the covenants that address this. There are nice homes in the area and these
will be comparable. The area fits the minor subdivision application process. The elimination of open space was
a directive and has not been required in a minor subdivision. North Weld Water District is one of the easiest
to work with in that the previous applicant had an agreement and this applicant has a proposed agreement.
The agreement would be signed if approval is granted. This will not impact the existing services as indicated
through the water district. This water line extension will contain fire hydrants. The applicant has proposed
paving the internal road and CDOT has no concerns. Tammy Ellerman,provided information with regard to the
irrigation water. The water has to come across two properties before it arrives at this ground. There are 2
shares and that is all it came with,there are some lateral rights. There will be an 8 inch water line, homes and
fire hydrants.
Doug Ochsner asked if Larimer Weld Irrigation or Reservoir. Ms.Ellerman indicated it was irrigation,early water
that delivers May to mid-June.
Bryant Gimlin asked if an 8 inch line would be installed and how big the residential taps will be and will that be
enough to support some landscape irrigation. Ms. Ellerman indicated that the line was required by the District.
The applicant is the one being used to upgrade the line. Mr. Gimlin asked about the amount of water each lots
will have access to. Mr. Ellerman stated it was approximately one acre.
Todd Hodges indicated the condition 1A-Prior to Scheduling that the applicant have a signed agreement with
existing operator or show the drill windows as indicated per the State Statute. The applicant has shown the
two existing wells with the 150 foot radius. The potential drill sites have been shown. The applicant would like
to not show the 400 foot setback by the two existing wells and the no build radius is shown. Mr. Morrison
stated that 400 foot radius is for existing wells the 800 foot box is for proposed wells that have not been drilled.
Mr. Hodges indicated that they have met 1A and they would like it to be removed or discussion that staff agrees
this has been met. Mr. Morrison asked for clarification with regards to the location of the existing and the
possible wells. Mr. Morrison stated that the areas that can maintain the safety margin should remain. Mr.
Morrison is comfortable with the intent of the applicant. Ms. Lockman suggests adding"around undrilled wells"
at the end of the sentence and clarify. Mr. Miller stated an envelope is for proposed not existing the language
is fine as it stands.
Doug Ochsner commented that the highest and best use is the minor subdivision which is the goal of the
landowner. Mr. Ochsner stated it comes down to compatibility and there is a need for agricultural type lots that
do promote 4H and not necessarily mansions. The concern is the lack of water for the ground. If these were
larger lots with water it would be more acceptable. The compatibility is there but the size and design of the
subdivision is in questions.
Bryant Gimlin commented that the previous denial was based on the access, compatibility and the water.
Those issues have not gone away but possibly changed order. The lack of water on the large lots is a major
concern,there will be dust and dirt.
Bruce Fitzgerald commented that compatibility is an issue.
Tonya Strobel stated that there is a need for this type of housing and some have been approved through the
recorded exemption and subdivision process. This development is not consistent with the surrounding
properties.
Michael Miller commented the compatibility issues are big. People have a responsibility to determine if the
surrounding uses will be compatible with them and the dairy is not. The irrigation system is essential. There
are some that do not understand that without water there is nothing but dirt and dust. The lack of effort on the
part of the developer for irrigation water shows that it is not important to them. Dryland cannot have animals
unless there is a way to irrigate. The water issues is the main reason he will not be in support and secondarily
it is not compatible. This is not in best interest of the health safety and welfare of the county.
Tonya Strobel moved that Case MZ-574, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of denial.
Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller, yes; Bryant Gimlin, yes;Tonya Strobel, yes; Doug Ochsner,yes; Bruce Fitzgerald,yes. Motion carried
unanimously.
Doug Ochsner commented that this minor subdivision could get approval if the design was different,water and
compatibility and water enter into this.
Bryant Gimlin commented he is in favor of denial based on staff recommendations based on lack of irrigation
and compatibility.
Doug Ochsner left the meeting due to prior commitment.
PLANNER: Monica Mika
ITEM: Changes to Weld County Code Chapter 23: Section 23-1-90, amended
definitions of DERELICT VEHICLE, HOUSEHOLD PETS, and KENNEL;
corrections to stated elevations of Greeley-Weld County Airport in Sections
23-5-10 and 23-5-50;and correction to referenced Airport map in section 23-
5-20; Chapter 24: correction to subdivision exemption process and time
parameters in section 24-8-35.
Monica Mika, Department of Planning Services presented the proposed Code Changes, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval.
Lee Morrison stated there are two levels of licencing for birds that is based on both the number of birds and on
the species. One requires a greater need for care and a smaller number of birds. Ms. Mika indicated that staff
is referencing the definition back to the State regulations. Mr. Miller asked for clarification with regard to the
term"ayes." Mr. Morrison stated that previously spell check was used and apes replaced the correct language.
Game Birds are separately licensed through the Department of Wildlife.
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