HomeMy WebLinkAbout20042684.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, 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: PZ-1045
APPLICANT: Highland Acquisition Group
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B RE-3105 N2NW4 of Section 5, T1 N, R68 W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from (A)Agriculture to PUD (Highland Estates)
for nine (9) lots with (E) Estate Uses (17) and (2)two non-
residential outlots (13 acres)for open space and one (1)
agricultural outlot (24 acres)
LOCATION: South of and adjacent to Hwy 52 and approximately 1/4 mile
east 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 27-6-120.8.6.a - The proposal is consistent with any intergovernmental
agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning
Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code.
The proposed site is not influenced by an Inter-Governmental Agreement. The
proposal is consistent with the aforementioned documents as follows:
1. Section 22-2-60.C(A. Goal 3)—Provide mechanism for the division of land which
is agriculturally zoned. Options for division shall be provided to ensure the
continuation of agricultural production and accommodate low intensity
development. Urban-scale residential, commercial and industrial development
will be discouraged in areas where adequate services and infrastructure are not
currently available or reasonably obtainable. The applicant is proposing a low
density residential development of 9 lots on approximately 56.9 acres. The
minimum lot size is 1.71 acres with an overall density of one septic system per
6.32 acres which does meet the current Department of Public Health's policy.
2. Section 22-2-60.O (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 proposed PUD will be serviced by
Left Hand Water District. Individual sewer disposal systems will handle the
effluent flow. The surrounding property consists of primarily single family homes
to the west and agricultural uses to the north, south and east. The property
consists of a steep slope down towards the southwest portion of the lot. A ditch
corridor runs north south on the western portion of the land. The propert is
currently not farmed and consists of long grass.
O
2004-2684 7.6
Resolution PZ-1045
Highland Acquisition LLC
Page 2
3. Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit Development which
includes a residential use should provide common open space free of buildings,
streets, driveways or parking areas. The common open space should be
designed and located to be easily accessible to all the residents of the project
and usable for open space and recreation. Some Planned Unit Developments
may not require common open space depending on their type, density, or other
factors. The proposal includes approximately 37 acres of an agricultural outlot
and open space. No residences shall be built in these areas.
4. Section 22-2-210.D. 3. (PUD.Policy 4.3.) — Conservation of natural site features
such as topography, vegetation and water courses should be considered in the
project design. The site plan has addressed the substantial issues surrounding
the location of water courses and varying topography.
5. Section 22-2-210.F. 1. (PUD.Policy 6.1.) -- The development should provide for
perpetual maintenance of all commonly shared land and facilities. The County
should not bear the expense or responsibility of maintenance for any commonly
shared land or facilities within the Planned Unit Development. Conditions of
Approval and Development Standards ensure that any future work required to
maintain the open space shall be at the expense of the Homeowners
Association.
6. 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 Left Hand Water District
for potable water and fire protection requirements. Individual sewer 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 27-2-20, Access standards— In a letter dated June 8, 2004 the Weld County
Department of Public Works has recommended that the applicant contact the
Colorado Department of Transportation regarding an access agreement, right-of-way,
reservations, improvement and future expansions of Highway 52. The Department of
Planning Services in a letter July 9, 2004 from the Building Tech noted that cul-de-
sacs running east and west need to be called Place and cul-de-sacs running north
and south need to be called Way.
Section 27-2-40, Bulk requirements—The applicant has chosen to adhere to the bulk
requirements of the E (Estate) Zone District with the exception that the lot sizes will
be an average of 1.8 acres in size and two equine will be allowed per lot. The
Department of Planning Services is in support of these proposed modifications from
E (Estate)Zone District bulk requirements.
The applicant has met the remaining performance standards as delineated in Section
27-2-10. The Conditions of Approval and Development Standards ensure
compliance with Sections 27-2-20 through 27-2-220 of the Weld County Code.
Resolution PZ-1045
Highland Acquisition LLC
Page 3
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 proposed site is
not influenced by an Inter-Governmental Agreement. The site is within the three mile
referral area for the City of Dacono, Town of Erie, Town of Firestone and Boulder
County. The City of Dacono and Boulder County both indicated no conflicts with their
interests. The Towns of Firestone and Erie did not respond to the referral request.
D. Section 27-6-120.6.d - That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance
Standards in Article II the Weld County Code. The proposed PUD will be serviced by
Left Hand Water District for potable water and fire protection requirements. Individual
sewer disposal systems will handle the effluent flow. The Weld County Attorney's
Office has indicated that the agreements submitted by the applicant are adequate for
the Change of Zone. The Weld County Department of Public Health and Environment
has indicated in a referral response dated June 28, 2004 that the application has
satisfied Chapter 27 of the Weld County Code in regard to water and sewer service.
E. Section 27-6-120.6.e - That street or highway facilities providing access to the
property are adequate in functional classification, width, and structural capacity to
meet the traffic requirements of the uses of the proposed PUD Zone District. The
Weld County Public Works Department has reviewed the proposal and has
determined that the internal road right-of-way shall be sixty (60) feet in width
including cul-de-sacs with a sixty-five (65) foot radius, and dedicated to the public.
The typical roadway section of the interior roadway shall 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 roadway radius shall be fifty (50) feet. Stop signs and street names will be
required at all intersections.
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 Weld County Public Works Department and
Department of Planning Services shall require an Improvements Agreement in
accordance with Section 27-6-120.6.f of the Weld County Code for improvements to
Highland Estates PUD and all on-site improvements.
G. Section 27-6-120.6.g - That there has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject site. The
Weld County Department of Public Works stated that a final drainage report and
construction plans, conforming to the drainage report, shall be approved prior to
recording final plat. The final drainage report shall research and document FEMA
maps to determine if a flood hazard exists.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s),
uses, the specific or conceptual development guide. The submitted Specific
Development Guide does accurately reflect the performance standards and allowed
uses described in the proposed zone district, as described previously. The applicant
is requesting that the Final Plan be administratively reviewed. The Department of
Planning Services' staff concurs with this request.
Resolution PZ-1045
Highland Acquisition LLC
Page 4
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from the A(Agricultural)Zone District to PUD (Highland Estates)for nine (9)
lots with (E) Estate uses and two (2) non-residential outlots and one (1) agricultural outlot is
conditional upon the following:
1. Prior to scheduling the Board of County Commissioners Hearing:
A. The applicant shall submit to the Weld County Department of Planning Services a
signed copy of an agreement with the properties mineral owners which stipulates that
oil and gas activities have been adequately incorporated into the design of the site
and that mineral owners concerns have been mitigated or the applicant shall submit
evidence that the mineral owners concerns have been addressed. (Department of
Planning Services)
2. Prior to recording the Change of Zone plat:
A. The applicant shall attempt to address the requirements (concerns) of Weld County
Sheriffs Office, as stated in the referral response dated June 15, 2004. Evidence of
such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
B. The applicant shall attempt to address the requirements (concerns) of the Mountain
View Fire Protection District, as stated in the referral response dated June 11, 2004.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
C. The applicant shall submit to the Department of Planning Services a revised name for
the PUD since Highland Estates already exists. Staff has noted that the application
has also been referred to as Highland Farms this name will be acceptable.
(Department of Planning Services)
D. The applicant shall be required to provide written and graphic evidence from the
school district and post office that the proposed mailbox location and bus shelter plan
meets their design standards and delivery requirements for the mailbox facility and
the proposed school drop off / pick up location shall be approved by the School
District. Written evidence of compliance with their standards and requirements shall
be submitted to the Department of Planning Services. Further, evidence shall be
provided that the facility meets the intent of the Americans with Disabilities Act (ADA)
for access. The Department of Building Inspection shall review the proposed
structure for compliance with all applicable codes as warranted. Evidence of
approval shall be submitted to the Department of Planning Services. (Department of
Planning Services)
E. The applicant shall provide the Department of Planning Services with a sign plan that
conforms with Section 23-4-80.A of the Weld County Code. (Department of Planning
Services)
F. The applicant shall provide a Ditch Agreement regarding the access road for both oil
and gas encumbrances, the ditch company and the existing fences on site or
evidence that the concerns have been mitigated. (Department of Planning Services)
Resolution PZ-1045
Highland Acquisition LLC
Page 5
G. The applicant shall provide the Department of Planning Services with evidence that
an access permit is granted from the Colorado Department of Transportation.
(Department of Planning Services and the Colorado Department of Transportation)
H. The applicant shall provide documentation that the proposed crossing of and access
to the right-of-way easement Reception Number 2467785 Book 1522 as noted on the
plat is acceptable. (Department of Planning Services)
I. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PZ-1045. (Department of Planning
Services)
2. The applicant shall adhere to the plat requirements in preparation of the
Change of Zone plat. (Department of Planning Services)
3. The applicant shall provide an Open Space/ Landscape Plan per Section 24-3-
50.G of the Weld County Code. (Department of Planning Services)
4. The proposed emergency access road along the southern boundary does not
appear to be prudent in expediting the emergency access vehicle to the
emergency. The access shall utilize the loop road as an extension to the cul-
de-sac or align the road with the southern edge of the existing right-of-way for
an undocumented easement. (Department of Planning Services)
5. The Weld County's Right to Farm shall be placed on the plat. (Department of
Planning Services)
6. The PUD name as approved by the Department of Planning Services.
(Department of Planning Services)
7. The cul-de-sacs running east and west need to be called Place and cul-de-
sacs running north and south need to be called Way. (Department of Planning
Services)
8. Highway 52 requires a 200-foot right-of-way at full build out. A total of 100 feet
from the centerline of Highway 52 shall be delineated as right-of-way
reservation for future expansion of Highway 52. (Department of Planning
Services and Colorado Department of Transportation)
9. Primary and secondary septic system envelopes shall be placed on each lot.
Each envelope must meet all setback requirements. (Department of Public
Health and Environment)
10. Intersection sight distance triangles at the development entrance will be
required to be shown on the plat. All landscaping within the triangles must be
less then 3 1/2 feet in height a maturity. (Department of Public Works)
11. The Road Cross Section shall be amended to show a 15-inch diameter culvert
as per County Code. (Department of Public Works)
Resolution PZ-1045
Highland Acquisition LLC
Page 6
12. 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
cross-section of interior roadway shall be shown as two 12-foot paved lanes
with 4-foot gravel shoulders. The cul-de-sac edge of pavement radius shall be
50-feet. (Department of Public Works)
13. The ditch must be appropriately labeled and dimensioned including setbacks.
(Department of Public Works)
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 the A (Agricultural)
Zone District to PUD for nine (9) lots with (E) Estate uses except for the lot sizes will
be an average of 1.8 acres in size and two equine will be allowed per lot and two (2)
non-residential outlots and one (1) agricultural outlot as indicated in the application
materials on file in the Department of Planning Services and subject and governed by
the Conditions of Approval stated hereon and all applicable Weld County
Regulations. (Department of Planning Services)
B. The Open Space and Agricultural Lots are non-buildable for residential structures or
structures providing habitable space. (Department of Planning Services)
C. No more than two (2) equine are permitted per lot. (Department of Planning
Services)
D. Water service shall be obtained from the Left Hand Water District. (Department of
Public Health and Environment)
E. Effective January 1, 2003, building permits issued on the proposed lots will be
required to adhere to the fee structure of the Weld County Road Impact program.
(Ordinance 2002-11)
F. Septic systems will be required to be designed for site-specific conditions at the time
of lot development. (Department of Public Health and Environment)
G. 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)
H. 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)
I. 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)
Resolution PZ-1045
Highland Acquisition
Page 7
J. 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)
K. 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)
L. A Homeowner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The Association
is responsible for liability insurance, taxes and maintenance of open space, streets,
private utilities and other facilities. Open space restrictions are permanent.
(Department of Planning Services)
M. Weld County's Right to Farm as delineated on this plat shall be recognized at all
times. (Department of Planning Services & Department of Public Health and
Environment)
N. Intersection sight distance triangles at the development entrance will be required. All
landscaping within the triangles must be less then 3 1/2 feet in height a maturity.
(Department of Public Works)
O. All signs including entrance signs shall require building permits. Signs shall adhere to
Section 23-4-80 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services)
P. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
Q Building permits shall be obtained prior to the construction of any building or
structure. Building permits are also required for signs and structures such as bus
shelters if provided. (Department of Building Inspection)
R. Activities such as permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the septic absorption field site. (Department of Public Health
and Environment)
S. 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)
T. 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 Residential 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)
Resolution PZ-1045
Highland Acquisition LLC
Page 8
U. 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)
V. Building height, wall and opening protection and separation of buildings with mixed
uses shall be in accordance with the Building and / or Residential Code in effect at
the time of permit application. Setback and offset distances shall be determined by
the Weld County Code. (Department of Building Inspection)
W. Building height shall be measured in accordance with the applicable 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. Off-set and setback requirements
are measured to the farthest projection from the building. (Department of Building
Inspection)
X. The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
Y. Personnel from Weld County Government shall be granted access onto the property
at any reasonable time in order to ensure the activities carried out on the property
comply with the Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
Z. The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and the Environment, and
Planning Services, and adopted Weld County Code and Policies. (Department of
Planning Services)
AA. 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)
BB. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within two (2) years of the date of the approval of the
PUD Zone District, the Board of County Commissioners shall require the landowner
to appear before it and present evidence substantiating that the PUD project has not
been abandoned and that the applicant possesses the willingness and ability to
continue with the submission of the PUD Final Plan. The Board may extend the date
for the submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Board
determines that conditions or statements made supporting the original approval of the
PUD Zone District have changed or that the landowner cannot implement the PUD
Final Plan, the Board of County Commissioners may, at a public hearing revoke the
PUD Zone District and order the recorded PUD Zone District reverted to the original
Zone District. (Department of Planning Services)
Resolution PZ-1045
Highland Acquisition LLC
Page 9
CC. 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. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the final plat. Easements shall follow rear
and side lot lines and shall have minimum total width of twenty (20) feet apportioned
equally on abutting properties. Where front line easements are required, a minimum
of fifteen (15) feet shall be allocated as a utility easement. (Department of Planning
Services)
B. The applicant shall provide an Improvements Agreement according to Policy
Regarding Collateral for Improvements (Private Road Maintenance). This agreement
must be reviewed by the Department of Public Works and shall be approved by the
Board of County Commissioners. (Departments of Planning Services and Public
Works)
C. The applicant shall submit to Public Works a stamped, signed and dated final plat
drawings and roadway / construction and grading plan drawings for review.
Construction details must be included. (Department of Public Works)
D. The applicant shall provide a pavement design prepared by a professional engineer.
(Department of Public Works)
E. Stop signs and street name signs will be required at all intersections and shown on
the final roadway construction plans. (Department of Public Works)
F. The applicant shall submit a final drainage report stamped, signed and dated by a
professional engineer licensed in the State Colorado. The 5-year storm and 100-year
storm drainage studies shall take into consideration off-site flows both entering and
leaving the development. Increased runoff due to development will require detention
of the 100-year storm developed condition while releasing the 5-year storm existing
condition. (Department of Public Works)
G. The final drainage report shall include a flood hazard review documenting any FEMA
defined flooways. 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)
H. The applicant shall prepare a construction detail for typical lot grading with respect to
drainage. Front, rear and side slopes around buildings envelopes must be
addressed. In addition, drainage for rear and side lot line sales shall be considered.
Building envelopes must be planned to avoid storm water flows, while taking into
account adjacent drainage mitigation. (Department of Public Works)
Resolution PZ-1045
Highland Acquisition LLC
Page 10
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. (Department of Public Works)
J. The applicant shall submit evidence to the Department of Planning Services that the
open space is deeded to the Home Owners Association. (Department of Planning
Services)
K. The applicant shall submit a final Landscape Plan which addresses all issues listed
on the memorandum dated May 25, 2004 from Weld County Department of Planning
Services. (Department of Planning Services)
L. The applicant shall provide additional information pertaining to the plant materials,
including common, botanical and species names, size at installation and any
additional information deemed necessary, if any. (Department of Planning Services)
M. The applicant shall address the on-site landscape treatment, including the proposed
uses associated with the agricultural outlot. (Department of Planning Services)
N. The applicant shall submit a re-vegetation plan of all disturbed areas disturbed areas
during construction. The plan shall include information regarding plant type,
installation methods and maintenance. (Department of Planning Services)
O. The applicant shall demonstrate how the proposed plant material will be watered.
Further,
the applicant shall provide evidence that the tap from Left Hand Water District is
permitted to provide irrigation water to the landscaped areas. (Department of
Planning Services)
P. 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)
Q. The applicant shall utilize the Weld County Building Technician letter dated July 9,
2004 for lot addresses. The subdivision street name and lot addresses shall be
submitted to the Mountain View Fire Protection District, the Weld County Sheriff's
Office, Ambulance provider, and the Post Office for review. Written evidence of
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
R. The final application shall include the lot addressing as provided by the Weld County
BuildingTechnician. (Department of Planning Services)
S. The applicant shall submit development covenants for Highland 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 landscaping, structures, dirt mounds or other items are
expressly prohibited in the absorption field site. (Department of Public Health and
Environment).
T. The applicant shall address the requirements of Weld County School District RE-1J
St. Vrain Valley as stated in the referral response dated June 21, 2004. Evidence of
such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
Resolution PZ-1045
Highland Acquisition LLC
Page 11
U. 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)
6. Prior to construction:
A. Stop signs and street name signs will be required at all intersections. (Department of
Public Works)
B. The existing septic system (G10039128) must be properly abandoned in accordance
with Section 30-4-20 (D). (Department of Public Health and Environment)
Motion seconded by John Folsom
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Strobel
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 July 20, 2004.
Dated the 201h of July, 2004.
Voneen Macklin
Secretary
AU-- y
Bruce Fitzgerald asked if there was an expense in the conversion of the well. Mr. Sarchet indicated the fees
were split.
James Rohn asked Mr. Brown "you had been operating this prior for three years, did you know when you
started the business that it would be in violation of the code?" Mr. Brown indicated he did not. Mr. Rohn
continued "have you operated a similar business in any other part of the County?" Mr. Brown stated he has
not.
John Folsom moved that Case USR-1480, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
James Rohn commented "normally I am a little more skeptical on these cases but seeing that the two, the
owner and the lessee,are working so hard together I think we need to give them a little benefit of the doubt."
CASE: PZ-1045
APPLICANT: Highland Acquisition Group
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B RE-3105 N2NW4 of Section 5, -11 N, R68 W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from(A)Agriculture to PUD(Highland Estates)for nine(9)
lots with (E) Estate Uses (17acres)and (2)two non-residential outlots (13
acres)for open space and one (1) agricultural outlot(24 acres)
LOCATION: South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3.
Jacqueline Hatch, Department of Planning Services presented Case PZ-1045,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 if there was for sale sign on property now. Ms. Hatch indicated there was not.
James Rohn asked about the letter from Anadarco stating objection without the agreement and if they would
need to strip mine because of the coal that is underground. Mr. Rohn believes this should be looked at
further. Ms. Hatch indicated she would not have that information, but Molly Somerville is present.
John Folsom asked if a PUD with Estate zones have no minimum lot size? Ms. Hatch indicated the overall
density has been met for septic systems with the agricultural outlots. Mr. Folsom stated, "so in other words
it doesn't have to conform to the requirement of an Estate Zone District,which is in 23-3-40.A which requires
2.5 acres so this does not apply to this application?" Ms.Hatch stated the reason for the 2.5 acre requirement
is for the septic and if the overall density has been met the Health Department agrees with this. Mr. Folsom
indicated that the leech fields will need to be on each lot and 1.7 acres is not sufficient ground for the septic
and leech field. Pam Smith, Health Department,added that since they have the agricultural outlots that helps
the overall density. The overall density is one septic system per 6.3 acres. The policy is if on community
water and a septic system there can be a lot size of one acres provided all the setbacks can be met. The soil
types will also play a part in this. The minimum lot size has been met and the overall density has been met
also. This property does show that the perk rates are good in the area. Mr. Folsom added that his concern
is that the lots are in cluster and those leech fields must be within the 1.7 acres within that cluster. Ms. Hatch
added that the Health Department has asked that envelopes be shown.
James Rohn asked Ms. Smith about the possibility of the agricultural outlot being sold and if that will destro
the minimum lot size required and used in the density calculation. Ms. Hatch stated the outlots are non
buildable and that is a Development Standard. Mr. Rohn added that there is no Condition addressing
Ordinance 2022-11. Ms. Hatch indicated that it can be placed in the Conditions.
John Folsom asked if there had been any response from CDOT. Ms. Hatch stated there is a Condition
requiring the applicant to contact CDOT.
James Rohn asked about the adjacency to two existing PUD and would this not be considered an urban use
rather than Estate use? Ms. Hatch indicated the applicant is proposing to pave the roads. Mr Rohn clarified
that"based in the Code when an Estate use PUD is next to one or two more PUD it is to be considered Urban
in scale rather than rural, because of this should this application not be considered an urban development?"
Mr. Miller added that the County does allow for the developments to be on septic systems instead of public
sewer. Mr. Ochsner added that PUD can border each other, it is the Minor Subdivision that cannot.
Lauren Light, representative for the applicant, provided clarification on the project. This does meet the non
urban intent defined in the code. The average lot size is 1.89 acres and there are two septic envelopes on
the plat. The open space is accessible by all the lots, 37 acres are designated open space and the cannot
have homes built on them. The engineers have been working with the ditch companies to obtain an
agreement. CDOT has been spoken to for an access permit and Ms. Hice Idler has no concerns. There will
be only one major access. The applicant has concerns with condition 2D because the bus shelter design has
not been done.
Michael Miller asked where the location of the road access is? Ms. Light indicated on the map the location.
Mr. Miller asked Mr.Schei if this was a right of way that was abandoned. Mr.Schei stated the roadway to the
north is CR 3 1/4 and there is no right of way to the south, so there is no concern.
Robert Bulthaup, manager fo the LLC, introduced himself to the Planning Commission.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Molly Somerville,Anadarco representative,provided clarification with regards to the Oil&Gas agreement that
will need to be signed prior to the Board of County Commissioners. The objection letter identifies the mineral
interest that are owned by Anadarco. Encana also has interest in the property. Encana currently operates
two wells on the property. The letter identifies the hard rock mineral, coal on the property. Anadarco works
with surface developers to reach agreements and they are working with the developer in this case. The
agreement is in principle with respect to the hard rock mineral interest including the coal but there is not a final
agreement. Anadarco with be working with the developer including Encana to put together a surface use
agreement for the Oil &Gas. The reason for the objection letter is because the agreement is not final.
James Rohn asked if the coal in the region will be mined through strip mine or tunnel. Ms. Somerville
indicated she does not have an answer,it is shallow coal. Those issues will be resolved in the agreement that
will be finalized soon.
Doug Ochsner asked when agreement are made is there anything in the agreement that is relayed onto the
purchaser of the properties? Ms. Somerville stated that the hard rock minerals including the coal will be
addressed by giving the developer a relinquishment of the service rights. The Oil and Gas will be addressed
differently, an agreement will be made to identify the locations where the wells will be drilled. Those
agreements include a provision which requires the developer to give notice to possible owners of the locations
of the Oil and Gas. The surface use agreement will be filed on record with the County.
The Chair closed the public portion.
Lauren Light, addressed the applicants concern with 2D. The applicant would like to leave a portion of the
condition in and move the last three sentences to Prior to Building Permit. Ms. Light indicated that they need
to pull a building permit for the bus shelter but it is not designed at this time. Mr. Miller asked for clarification.
Ms. Light indicated they do not know at this time what the structure will look like. Mr. Miller indicated that was
a simple structure and it should not take long to design. Ms. Light indicated they would know by the time the
reached final plat stage. Mr.Miller added that it is basically a drawing of the structure. Ms. Light did not want
to hold up the recording of the plat since they have to finish with final plat. Ms. Hatch stated that moving the
last three sentences to Prior to Final submission was fine with staff but agree that it is no an unreasonable
request at this time. Mr. Miller does not believe this will hold up the process but it is up to the Planning
Commission as to what they think.
John Folsom asked if the question pertains to when it will be recorded. Mr. Miller added that the applicant
does not want to hold up recording the change of zone plat while they decide what type of structure will be
placed at the bus stop. Ms. Light indicated that timing is the issue. Mr. Folsom does not see this as a
problem.
Bruce Fitzgerald moved to allow the applicant to provide the design at the final plat. Mr. Miller asked if this
was a proper place to divide the Condition. Ms. Hatch indicted it was. Mr. Miller stated that the beginning of
the paragraph requires the bus shelter plans be submitted to the Planning Department. Ms. Light's
interpretation of the condition was that the plans were for justification of the location. Ms. Light indicated they
do not have the plans but the language can be changed to"location"not"plans". Ms. Light indicated to leave
it as recommended and the applicant will address. Mr. Bulthaup stated that the school district did not
recommend a shelter in the beginning.
James Rohn moved to add language to 3D consisting of"Effective January 1,2003, building permits issued
on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact program.
(Ordinance 2002-11) Bruce Fitzgerald seconded. Motion carried
James Rohn moved that Case PZ-1045, 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. John
Folsom,yes; Michael Miller, yes;James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
Doug Ochsner commented that he believes this is compatible with the surrounding area.
CASE NUMBER: 2004-XX
APPLICANT: Weld County
PLANNER: Peter Schei
LEGAL DESCRIPTION: Various Sections T2N&T3N, R68W&R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Amendment to Mixed Use Development Area Map(MUD).
LOCATION: Weld County, Colorado.
Peter Schei, Department of Public Works presented Case 2004-XX, reading the recommendation and
comments into the record. With development pressure in the MUD area the transportation infrastructure plan
needed to be updated to reflect the anticipated needs of the County. The following is a summary of the
updates and why these changes were made:
Cleaned up the map and removed insignificant details.
• MUD boundary checked for current status with Planning Department. Updated markings.
Updated Legend of line identifications.
• Contacted local area agencies to be consistent with transportation planning:
Firestone—contacted them and waiting for response.
Longmont-continual contact.
• Frederick—arterials on section lines and collectors on 'A section lines.
• CDOT—continual contact regarding state highways and Interstate 25.
• Addition of I-25 Parallel Arterial Corridors (East'91/4' &West'7')
• Inspection of all intersections showing 'Existing' and 'New' signals.
• CR 7'h between CR 20 and CR24 reduced classification from 4-lane major arterial to a 4-lane minor
arterial (because of West I-25 Parallel Arterial Corridor addition).
CR 7 between SI 166 and CR 32 upgraded classification from local to a 4 lane minor arterial (to
,,'atch Fl IU's-Wdk}-Gvnnty-Roadway Classification f Ian).
• CR 1 between CR 20 and CR 32 upgraded classification from 4-lane minor arterial to a 4-lane major
arterial(to match FHU's Weld County Roadway Classification Plan and Weld County GIS data map),
and length extended from CR 26 to CR 32.
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