HomeMy WebLinkAbout20042083.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, that the following resolution be introduced for passage by the Weld County Planning
Commission, Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-604
APPLICANT: Darrel Adolf
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot C of RE-2940; being part of the NE4 of Section 29,T9N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural) to PUD for six (6) residential lots and
one (1)Agricultural outlot.
LOCATION: South of and adjacent to CR 102; west of and adjacent to CR 17.
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 26-5-30 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.B.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 nor is the site within the three mile referral area for any municipality.
The site is within the three mile referral area for Larimer County. In a referral dated October 28,
2003, Larimer County indicated no conflict with the proposal. The proposal is consistent with
the aforementioned documents as follows:
1) Section 22-3-50.B.1, P.Goal "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 individual wells and individual sewage disposal
systems will handle the effluent flow. In a referral dated May 26, 2004, the Weld
County Department of Public Health and Environment has indicated that the
application has satisfied Chapter 27 of the Weld County Code in regards to sewer
service.The referral response dated May 20,2004 from the State of Colorado,Division
of Water Resources indicates that the water supply has been reviewed as a cluster
development. The Division has indicated that the three existing well permits can be
canceled and six new well permits may be issued in accordance with Section 27-92-
602 C.R.S. which addresses wells in cluster developments.
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— "All PUD developments will be served by an internally
paved road system according to County standards. An exception to paving may be granted
by the Director of Public Works for residential PUDs of nine (9) lots or less located in
nonurban areas as defined in Chapter 22 of the Weld County Code, when the PUD is not
located within close proximity to other PUDS, subdivisions and municipal boundaries, and
when access to the PUD is not from a public road which is paved or will be paved within a year
of approval of the PUD." The applicant is proposing gravel, however, In a referral dated
October 23, 2003 the Department of Public Works indicated that the internal roadway
right-of-way should be 60-feet in width including cul-de-sacs with a minimum 65- foot radius, '
and dedicated to the public. The typical roadway cross-section should be two 12-foot paved
lanes with 4-foot gravel shoulders.The cul-de-sac edge of pavement radius should be 50-feet ',' $'; •
minimum.
2004-2083
Resolution PZ-604
Darrel Adolf
Page 2
Section 27-2-55, Cluster PUD— In order to avoid the cost of an augmentation plan for the
water supply the applicant has requested that the State Division of Water Resources Review
their water supply as a Cluster.The proposal will create single-family residential parcels less
than thirty-five(35)acres each. Conditions of Approval ensure that the applicant will meet
the criteria of a Cluster PUD including the requirement that at least two-thirds(2/3)of the total
area of the tract will reserved for forty (40) years for agricultural purposes. Further, the
density of the PUD does not exceed two (2) residential units for each thirty-five (35) acres.
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 27-2-210 of the Weld County Code.
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 nor is the site within the three mile referral area for any
municipality. The site is within the three mile referral area for Larimer County. In a referral
dated October 28, 2003, Larimer County indicated no conflict with the proposal.
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. As previously states the Weld County Department of Public
Health and Environment has indicated that the application has satisfied Chapter 27 of the
Weld County Code in regard to sewer service. The State of Colorado, Division of Water
Resources has reviewed the water supply as a cluster development and have indicated that
the three existing well permits can be canceled and six new well permits may be issued in
accordance with Section 27-92-602 C.R.S.which addresses wells in cluster developments.
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. In a referral dated April 13,
2004 the Weld County Department of Public Works has required that the applicant enter into
an agreement with the County to proportionately share the cost of improving County Road
17.
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. Conditions of approval ensure that the applicant will complete an on-
site(Private)Improvements Agreement and an agreement to proportionately share the cost
of improving County Road 17.
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 application included a
Preliminary Geotechnical Subsurface Exploration report produced by Earth Engineering
consultants,Inc.dated Jun 22,2001.Conditions of Approval ensure that development on the
site will follow the recommendations contained in the report regarding septic systems,
foundations and pavement.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide. The Department of Planning Services recommends
that the Final Plan be reviewed by the Board of County Commissioners.
Resolution PZ-604
Darrel Adolf
Page 3
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. All sheets of the Change of Zone plat shall be labeled Antelope Estates Cluster PUD, PZ-604.
(Department of Planning Services)
B. County Road 17 is classified by the County as a local road and requires a 60-foot right-of-way.
The applicant shall verify the existing right-of-way and the documents creating the right-of-way
shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be
dedicated on the final plat. County Road 17 is gravel. (Department of Public Works)
C. County Road 102 is classified by the County as a local road and requires a 60-foot right-of-way.
The applicant shall verify the existing right-of-way and the documents creating the right-of-way
shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be
dedicated on the final plat. County Road 102 is gravel. (Department of Public Works)
D. Section 27-10-20.B (Cluster PUD standards) of the Weld County Code states"The outlot shall
be restricted to operations and be free from development for any other uses for a period of forty
(40)years from the date of final approval. The applicant shall submit proposed documentation
ensuring that the outlot meets this restriction to the Weld County Attorney's Office. Evidence of
County Attorney's Office approval shall be submitted to the Department of Planning Services.
(Department of Planning Services)
E. The applicant has indicated that an adequate fire tank shall be provided for emergencies. The
applicant shall submit evidence of an approved water supply. Evidence of Fire District approval
of the proposed tank shall be submitted to the Department of Planning Services.(Department of
Planning Services)
F. The plat shall be amended as follows:
1) The internal roadway right-of-way shall be 60-feet in width including cul-de-sacs with a
minimum 65-foot radius, and dedicated to the public. The typical roadway cross-section
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 minimum. Stop
signs and street name signs will be required at all intersections. The applicant must
resubmit the change of zone plat with an appropriate cross-section shown. (Department
of Public Works)
2) Intersection sight distance triangles at development entrances shall be shown on the
resubmitted change of zone plat. All landscaping within the triangles must be less than 31/2
feet in height at maturity, and noted on the final roadway plans. (Department of Public
Works)
3) The plat shall include Weld County's Right to Farm Statement as shown on Chapter 22,
Appendix 22-E, of the Weld County Code. (Department of Planning Services)
4) The entry sign shall be located outside of the site distance triangles and utility easement.
(Department of Planning Services)
E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
2. 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:
Resolution PZ-604
Darrel Adolf
Page 4
A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for six
(6) residential lots and one (1)agricultural outlot as indicated in the application materials on file
in the Department of Planning Services. Lot 1 through 6 will adhere to the uses allowed in the E
(Estate) Zone District. The Outlot will adhere to the uses allowed in the A (Agricultural) Zone
District except for no residential structures shall be allowed. The PUD will be subject to and
governed by the Conditions of Approval stated hereon and all applicable Weld County
Regulations. (Department of Planning Services)
B. The approval of this Change of Zone does not guarantee issuance of a well permit.The Division
of Water Resources has indicated that they will not guarantee issuance of any well permit prior
to a completed review of a well application. Future property owners should ensure that a
adequate water supply is available prior to purchasing a lot. (Division of Water Resources and
Department of Planning Services)
C. The 80.28 acre Agricultural Outlot/Common Open Space is prohibited from residential
development for a period of forty(40)years from the date the final plan is approved. (Department
of Planning Services)
D. All landscaping within the site distance triangles must be less than 31/2 feet in height at maturity.
(Department of Public Works)
E. A Home Owner's Association shall be established prior to the sale of any lot. Membership in the
Association is mandatory for each parcel owner. The Association is responsible for liability
insurance, taxes and maintenance of open space, streets, private utilities and other facilities.
Open space restrictions are permanent. (Department of Planning Services)
F. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
G. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways not
maintained or adopted by the County. (Sheriffs Office)
H. Water service shall be obtained from six (6)individual wells. (Department of Public Health and
Environment)
I. This subdivision 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. Septic
systems shall be designed for site specific conditions including, but not limited to, shallow
groundwater, bedrock, gravel and/or clay. (Department of Public Health and Environment)
J. Primary and secondary septic envelopes on each lot must meet all setbacks. Including the
setback to a potable water supply line. (Department of Public Health and Environment)
K. Activities such as permanent landscaping, structures, dirt mounds, animal husbandry activities,
or other activities that would interfere with the construction,maintenance,or function of the fields
should be restricted over the absorption field areas while in use. (Department of Public Health
and Environment)
L. 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)
M. 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-604
Darrel Adolf
Page 5
N. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and practical
methods that are technologically feasible and economically reasonable in order to minimize dust
emissions. (Department of Public Health and Environment)
O. 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)
P. 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)
Q. 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)
R. 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 Residential Code,2003
International Building Code, 2003 International Mechanical Code, 2003 International Plumbing
Code, 2003 International Fuel Gas Code, 2002 National Electrical Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
S. 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)
T. 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 Chapter 23 of the Weld County Code.
(Department of Building Inspection)
U. 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.
Offset and setback requirements are measured to the farthest projection from the building.
(Department of Building Inspection)
V. 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)
W. Development on site shall follow the recommendations made in the Preliminary Geotechnical
Subsurface Exploration report from Earth Engineering consultants, Inc. dated Jun 22, 2001.
(Department of Planning Services)
X. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
Y. Effective June 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)
Z. 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)
Resolution PZ-604
Darrel Adolf
Page 6
AA. Weld County personnel shall be granted access onto the property at any reasonable time in order
to ensure the activities carried out on the property comply with the Development Standards stated
herein and all applicable Weld County Regulations. (Department of Planning Services)
BB. 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)
CC. 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)
DD. 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)
EE. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within thirty(30)days of approval by the Board of County Commissioners.With the Change of Zone plat
map, the applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats
are .shp(Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
5. At the time of Final Plan submission:
A. The applicant shall provide a bus/mail pullout. Weld County School District RE-9 and the
applicable Post Office shall be contacted regarding a bus/mail pullout. The applicant shall
provide to the Department of Planning Services written documentation indicating the School
Districts and Post Offices design standards and delivery requirements have been met. School
buses will not be allowed to park on County Road 17 and residents should not have to cross the
county roadway to obtain their mail. (Departments of Planning Services and Public Works and
the Sheriffs Office)
B. The applicant shall submit an Improvements Agreement According to Policy Regarding Collateral
For Improvements (Public Road Maintenance)with the final plan application. This agreement
must be reviewed by Public Works and shall be approved by the Board of County Commissioners
prior to recording the final plat. (Department of Public Works)
C. The applicant shall provide a pavement design prepared by a professional. (Department of
Public Works)
D. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
roadway/construction & grading plan drawings for review 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."
E. 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)
Resolution PZ-604
Darrel Adolf
Page 7
F. Easements shall be shown on the final plat in accordance with County standards and/or Utility
Board recommendations. (Department of Public Works)
G. This 6-lot development will introduce approximately 57-trips-per-day additional vehicle trips to the
roadway system. This increased level of traffic on unpaved roads creates fugitive dust and
surface maintenance problems. The applicant shall enter into an agreement with the County to
proportionately share the cost of improving County Road 17. The cost will be based on a
proportion of the traffic generated by the development to existing traffic. The applicant shall
submit a proposed off-site agreement with the final plan application. (Department of Public
Works)
H. The Final Drainage Report for Antelope Estates PUD, dated June 25,2003, by Northern
Engineering Services, Inc.in its initial form is acceptable. The report assumed a graveled interior
roadway. Should the applicant's request for a paving waiver be denied, a revised final drainage
report will be required with the final plat application materials. (Department of Public Works)
I. The applicant shall prepare a construction detail for typical lot grading with respect to drainage
for the final application. Front, rear and side slopes around building envelopes must be
addressed. In addition, drainage for rear and side lot line swales shall be considered. Building
envelopes must be planned to avoid storm water flows, while taking into account adjacent
drainage mitigation. (Department of Public Works)
J. 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)
K. The applicant shall submit covenants for Antelope Estates for review and approval. The
Covenants should include plans to maintain the entrance sign and maintain roadways during
inclement weather conditions for emergency vehicles. Further, the covenants shall state that
activities such as permanent landscaping, structures, dirt mounds, animal husbandry activities,
or other activities that would interfere with the construction,maintenance,or function of the fields
should be restricted over the absorption field areas while in use. (Departments of Planning
Services and Public Health and Environment and the Sheriff's Office)
L. The applicant shall submit preliminary paperwork for incorporation of the Home Owners
Association for review and approval. (Department of Planning Services)
M. The applicant shall submit evidence to the Weld County Department of Planning Services with
the final plan application that all proposed street names and lot addresses have been reviewed
by the appropriate Post Office. (Department.of Planning Services)
N. The applicant shall include a copy of the proposed street name and addresses with the Final Plat
application forms for review and approval by referral agencies.(Department of Planning Services
and Sheriff's Office)
O. The Weld County Sheriffs Office has requested a sign placed to be placed at the entrance to the
subdivision detailing the name of the subdivision and addresses. 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.The applicant shall
submit a set of sign standards as required by Section 27-6-90.E.1.of the Weld County Code for
review and approval. (Department of Planning Services)
6. Prior to recording the final plat:
A. The applicant shall submit evidence that a cash in lieu of land dedication fee of$759 per lot has
been paid to the Highland, RE-9 School District. (Department of Planning Services)
B. The applicant shall enter into an agreement with the County to proportionately share the cost of
improving County Road 17. (Department of Public Works)
Resolution PZ-604
Darrel Adolf
Page 8
C. The applicant shall enter into an Improvements Agreements According to Policy Regarding
Collateral for Improvements. These agreements shall be approved by the Board of County
Commissioners. (Departments of Planning Services and Public Works)
D. Finalized covenants, Home Owners Incorporation paperwork and the appropriate recording fee
(currently $6 for the first page and $5 for all others) shall be submitted to the Weld County
Department of Planning Services for recording at the Weld County Clerk and Recorders office.
(Department of Planning Services)
E. The applicant shall submit a digital file of all drawings associated with the Final Plan application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are
.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred
format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Dept. of Planning Services)
Motion seconded by James Rohn
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
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 July 6, 2004.
Da ed the 6th of July, 2004.;.
\ 0 I.LQ t.4-7 cY �-
Voneen Macklin
Secretary
- ,ROc4
up materials from the barn. Ms. Johnson indicated that trucks will be parked inside. Mr. Miller asked about
the trucks parked in side with forms on site, someone is loading and unloading these forms. There will be
employees coming to the site. Ms. Johnson stated there will be two employees at the most.
Michael Miller asked Ms. Smith about the need for restrooms in the shop for the employees. Ms. Smith
stated she has a letter from the engineer that indicates the system is adequate for three employees. Ms.
Johnson stated the letter from the engineer was dated October 13, 2003. The application was submitted in
February so there were some minor changes from that point.
James Rohn moved to change Development Standards#9 language from proposed lots to subject property.
Tonya Strobel seconded. Motion carried
Chad Auer asked if there is not some reason that this could be amended in the text of the comments
adverse to making the same motion on every case. Ms. Lockman stated that the text will be noticed and
changed in future applications. Mr. Rohn stated his reasoning is this is not a PUD and there is only one
subject property there is no creation of lots. Mr. Rohn does not want a lawyer to be able to use the
language as a technicality.
Char Davis indicated the restroom had been worked out with the engineered design. The septic can
accommodate the restrooms in the shop. The commercial exempt well has also been addressed.
John Folsom asked if there will be a restroom in shop? Mr. Folsom indicated his concern was with the
number of people coming and going from the site. Ms. Davis added that it has been addressed.
Stephen Mokray moved that Case USR-1466, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Tonya Strobel 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; James Rohn, yes; Tonya
Strobel, yes; Chad Auer, yes. Motion carried unanimously.
The following items will be heard:
CASE NUMBER: PZ-604
APPLICANT: Darrel Adolf
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot C of RE-2940; being part of the NE4 of Section 29, T9N, R67W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD for six (6) residential lots and
one (1)Agricultural outlot.
LOCATION: South of and adjacent to CR 102; west of and adjacent to CR 17.
Sheri Lockman, Department of Planning Services presented Case PZ-604, 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. The wells were reviewed as
cluster wells and therefor Cluster PUD Conditions have been added.
Stephen Mokray asked Ms. Lockman about the approved three well sites for the six lots and are there
some existing wells. Ms. Lockman stated there are three existing wells, the original proposal was to share
them between the lots but the State reviewed them as a cluster therefor there will be individual well on each
lots. Mr. Mokray asked about augmentation. Ms. Lockman indicated this will not need to be done since
there will be individual wells.
James Rohn asked if this application was subject to Ordinance 2002-11. Ms. Lockman stated it was and a E
note can be added. Ordinance 2002-11- deals with the fee structure for road impact.
t q,
Michael Miller asked Ms. Smith about individual wells on the property and is there a history of successful
wells in the area to rely on? Ms. Smith stated there are homes in the area and those wells seem to be
adequate.
Michael Chalona, representative for the applicant, provided additional information on the site. Mr. Miller
asked about the water wells in the area. Mr. Chalona stated there has been no complaints and the
applicants have worked with the State engineer. There are three well permits issued but those will be
returned and individual wells will be permitted for the site. The cluster development of the wells will meet all
State and County regulations. Mr. Miller asked if the applicant will be drilling the wells before the lots are
sold?What is the applicant going to do if one wells is non productive and the lot is already sold. Darrel
Adolf, applicant, stated that in talking with Steve Ingrim, who drills wells in the area, there is water under the
property at approximately 600 foot deep. Mr. Miller asked what they were going to do if the lot was sold
and there is no water? Mr. Adolf indicated he was not sure, but a possible solution would be to place a
stipulation in the buyers contract addressing the concern.
John Folsom stated that it is not unusual to sell a lot when the well has not been drilled.
Stephen Mokray asked if they needed to apply for three more permits. Mr. Adolf stated that the three
permitted wells will be turned back in and they will apply for six individual wells.
Michael Miller stated the code requires the applicant to be able to provide water before approving a
subdivision. Ms. Lockman stated the State will not give them wells unless lots are in place. Mr. Miller is
trying to avoid a lot owners not having water when the lot is sold. Mr. Morrison added there is evidence
there is water and there is no way of knowing until a well is drilled. A suggestion might be to require a
disclaimer on the plat that would indicate the source of water intended to be ground water. There is
evidence there is ground water but nothing is drilled. Mr. Miller asked if the County is on firm ground as far
as meeting the requirement of the code. Mr. Morrison stated there is no way to tell someone to drill before
a lot is created. Mr. Morrison stated the Board of County Commissioners shifted away from public water
supply in all cases but this is a statutory cluster. This process has been available but has not been widely
used.
James Rohn asked Ms. Lockman about the quality of the wells. Ms. Smith stated that if water is not
considered non-potable, they can treat the water to bring it to standards. The quantity and quality are
different issues.
Bryant Gimlin mentioned 2B does notify future lot owners that wells are not guaranteed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Peter Schei, Public Works, is requesting a paving waiver for the subdivision. The formal request was not
made to Public Works.
Pam Smith, Health Department, would like to see the information that has been provided modified once the
well configuration has been changed to accommodate all the wells.
John Folsom asked since the fire district did not respond there would be no provision for a secondary
access. Ms. Lockman stated that Nunn is a volunteer department and they have never requested a
secondary access. There is a Condition that requests the applicant meet with the fire district to address
any possible concerns.
Michael Chalona, representative, indicated their concern with the paving of the internal roadway. CR 17 and
CR 102 are both gravel road and there are no plans for them to be paved. The private road will be gravel and
this was the understanding when Northern Engineering reviewed the drainage of the project. The applicant
is willing to work with Public Works to get the issue resolved.
Michael Miller indicated that in the past the paving requirement has been varied from. He would be in favor
of this for this application.
John Folsom indicated the applicant is willing to go through the process with Public Works so there would
be no need to modify the comments.
Michael Miller asked Mr. Chalona if the applicant was wanting the Planning Commission to waive the paving
or will they work with Public Works? Mr. Chalona indicated that if Planning Commission would make the
change now that would be great but if the change is not made then they will continue to work with Public
Works.
Michael Miller asked Mr. Morrison if there was any reason for addressing this issue. Mr. Morrison indicated
the applicant has no problems in dealing with Public Works reviewing the request. Public Works reviews
more variables in their process. Mr. Schei added the access has not been viewed, the comments are
standard. In 2003 the traffic count on CR 17 was over 200 per day. It is above the 200 car threshold which
indicates that some type of work needs to be done in area. Public Works has asked the road to be paved
and have an offsite agreement to pave the stretch of roadway due to the traffic counts. The access to the
property is approximately '/ mile to CR 100. Public Works cannot keep up with the paving needs for the
county, therefor they are asking the applicants to do the work themselves. The increased demands on
Public Works and staff is increasing.
John Folsom suggested a provision for the subdivision road to be paved when and if the CR is paved. Mr.
Miller added that the code indicates paving within the year but the chances of CR 17 being paved in that
time frame are none. Mr. Schei stated paving is not in the works for five year plan. Mr. Schei added that
there will be several cases before the Planning Commission that will request paving for internal roads. Mr.
Folsom added that if Planning Commission feels strongly about paving instead of gravel it should
circumvent the decision from Public Works. Mr. Miller is not in favor of paving internal roadways onto gravel
roads.
John Folsom asked Mr. Carroll if paving all internal roadways is the position of Public Works. Mr. Carroll
added that they would like to have pavement to pavement because it is a good fit. If the paving is not far
away and there is traffic generated, Public Works would prefer paved road to paved road. CR 17 & CR 102
is not on the radar to pave. Mr. Folsom asked if the decision will be made by Frank Hempen? Mr.
Morrison added that the Board of County Commissioners can make the final decision. If there is not
enough evidence to decide, it can be passed on an make the applicant work with Public Works.
Michael Miller is in favor of addressing the issue today. The suggestion is since the gravel roads adjacent
will be gravel for a long time it is burdensome to make the applicant pave the internal roadway at this time.
Chad Auer asked if Planning Commission does not waive is it inevitable the applicant will have to pave. Mr.
Miller stated an application for a waiver to the Director of Public Works will be made and reviewed by them.
Bryant Gimlin added that it was common sense that the road should be a gravel road, but the applicant is
willing to work with Public Works and they have been good about it. It is best worked out between the
applicant and Public Works.
James Rohn moved to add language to 2W, a note on the plat, then renumber consisting of"Effective June
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) Chad Auer seconded. Motion carried.
Bryant Gimlin moved to add language to 28 consisting of" Future property owners should ensure that
adequate water supply be available prior to purchasing a lot. James Rohn seconded. Motion carried with
John Folsom voting no.
John Folsom commented that it is too arduous to the seller.
Darryl Adolf asked for clarification with regards to the addition of water language. Mr. Gimlin read the entire
paragraph back to him. Mr. Adolf indicated that when 35 acres is bought and a well is drilled it is not
guaranteed at that time. Is the issue that the wells are close together? Mr. Gimlin answered that this is
more of a buyer beware notice, it is not that the applicant has to guarantee. Mr. Gimlin indicated his
concern with the fire system and possible low flow rates.
Bryant Gimlin moved that Case PZ-604, 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; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya
Strobel, yes; Chad Auer, yes. Motion carried unanimously.
CASE NUMBER: USR-1478
APPLICANT: Jose&Josefina Aguirre
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-3128; Pt of the NE4 of Section 26, T5N, R65W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone District (Concrete Business)
in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 54 and 'A mile East of CR 45.
Sheri Lockman, Department of Planning Services presented Case USR-1478, 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.
James Rohn asked about the Development Standards addressing weed height. Ms. Lockman stated it is in
the code and was brought forward to make sure it was made aware of.
Thomas Hellerich, representative for the applicant, provided additional information on the project. There are
two people living in the residence and one will be working there. There are five or six other employees that
will be there. There are more than seven vehicles but they will not be used on a daily basis. This was a
commercial feedlot therefor the structures already exist which will be used for storage, there will be no
outside storage. The proposal for another building is if the business grows.
Michael Miller asked about the amount of dirt that will be on site? Mr. Hellerich stated it would be a small
amount. Jose Aguirre, applicant, indicated it would be a couple of truck loads. There will be nothing stored
on site with regards to raw materials.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Bryant Gimlin asked Ms. Davis about the employees and the use of the restroom in the residence. Ms.
Davis indicated the septic system will need to be designed by an engineer and reviewed to make sure it is
adequate. The Health Department goes by the information from the applicant and the letter from the
engineer to determine whether it will meet the County regulations. The applicant may have to add onto the
leach field. Mr. Gimlin asked if there needed to be on cap of employees. Ms. Lockman indicated the
applicant is required to follow the application as submitted. If they wanted more employees they would
need to come back and it would be reviewed as a possible substantial change. Ms. Davis added the
engineer will look at the use including the employees not being on site all day. The septic system allows
for six people.
Don Carroll, Public Works, would like clarification on the number of employees. There were 12 cars, some
6 - /- Zcoy
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 1, 2004
A regular meeting of the Weld County Planning Commission was held Tuesday June 1, 2004, in the Weld
County Public Health/Planning Building,(Room 210), 1555 N. 17th Avenue,Greeley,Colorado. The meeting
was called to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL v� r
Michael Miller En
Bryant Gimlin Absent _ m 4
John Folsom (";'] L,n 0
Stephan Mokray v
James Rohn f 1
Bruce Fitzgerald Absent U N `-1 --1
Tonya Strobel
Chad Auer
Doug Ochsner
Also Present: Don Carroll, Char Davis, Michelle Katyryniuk, Pam Smith, Kim Ogle, Sheri Lockman, Peter
Schei, Nathanael Bokelman
— CASE NUMBER: MZ-544
APPLICANT: Maurice Boney& Boney Macgillivray LLC
PLANNER: Michelle Katytyniuk
LEGAL DESCRIPTION: Pt of the N2 Section 29, T4N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Minor Subdivision Change of Zone from the A(Agriculture)to E (Estate)
Zone for 9 (nine)residential lots.
LOCATION: South of and adjacent to CR 42 and 1/4 mile west of CR 29.
Michelle Katyryniuk, Department of Planning Services, read a letter requesting a continuance to August 3,
2004.
CASE NUMBER: USR-1466
APPLICANT: Francisco& Lorraine Valencia
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot 11 of Black Hollow Acres, First Filing;being part of the E2 of Section 33,
T8N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use
Permitted as a Use by Right,an Accessory Use,or a Use by Special Review
in the Commercial or Industrial Zone Districts (a construction business) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 86; approximately 740 feet west of CR 19
Michelle Katyryniuk, Department of Planning Services, read a letter requesting a continuance to July 6,2004.
- CASE NUMBER: PZ-604
APPLICANT: Darrel Adolf
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot C of RE-2940; being part of the NE4 of Section 29, T9N, R67W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD for five(5)residential lots and
one(1)Agricultural outlot.
LOCATION: South of and adjacent to CR 102; west of and adjacent to CR 17.
Sheri Lockman, Department of Planning Services, read a letter requesting a continuance to July 6, 2004.
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