HomeMy WebLinkAbout20042505.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom, along with the deletion of 1B and the granting of a paving waiver, 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-629
APPLICANT: Dallas & Marjorie Schneider
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2293; part of the NE4 of Section 30, T2N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD (DalMar Estates)for nine
(9) lots with E (Estate) Uses (34 acres) and three (3) non-residential
outlots (21 acres) open space.
LOCATION: South of and adjacent to CR 18; approximately''/, mile east of CR 1.
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 9 lots on 55 acres. The
minimum lot size is 2.6 acres with an overall density of one septic system per 6.1 acres which
does meet the current Department of Public Health's policy.
2. 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 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
surrounding property consists of primarily single family homes to the north, south and west
and gravel mining operations to the east. The property consists of a steep slope towards the
north with a ditch corridor running east west on the southern portion of the land. The property
is currently not farmed and consists of long grass.
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 21 acres of open space 19 acres consisting
of a ditch corridor with crossings for pedestrians and vehicular access the remaining 2 acres
of open space are located by an existing oil and gas operations area. (�
2004-2505
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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 27-6-120.6.6- 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 December 18, 2004 the Weld County
Department of Public Works has recommended that the internal roadway be paved. County
Road 18 is not a recognized County (public) road and does not have public right-of-way. All
references to County Road 18 should be removed. The applicant will provide an easement for
the emergency access.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District.
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.
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 Town of Frederick, City of Longmont, and the City of Dacono indicated no
conflicts with their interests.The Towns of Firestone, Erie and Boulder County 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 January 29,2004 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 gravel lanes with 4-
foot gravel shoulders on the change of zone plat. The cul-de-sac
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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 DalMar Estates PUD and all on-site improvements. Further, Public Works has
required the applicant enter into an agreement with the County to proportionately share the cost
of improving County Road 16% between County Road 3%and County Road 1. The cost will be
based on a proportion of the traffic generated by the development to the existing traffic. County
Road 16 '/% is classified by the County as a local road and requires a 60-foot right-of-way and
shall be delineated on the plat. The applicant shall enter into a dust abatement agreement with
the Department of Public Works. On December 18, 2003 the Department of Public Works
reviewed the applicant's requested paving waiver,along with the County Code,the development
site and surrounding area. The Director of Public Works did not consent with the granting of a
paving waiver(for internal roadways)with this subdivision.
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. The applicant has a draft agreement with Kerr-
McGee(the oil and gas entity)on the property. A finalized agreement shall be submitted prior to
the Board of County Commissioners hearing and the agreed upon areas will be delineate on the
Change of Zone Plat. The applicant shall also provide an agreement with Kauffman and Amoco
(oil and gas entities)on the site prior to the Board of County Commissioners hearing.
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.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for nine (9)lots with Estate Zone Uses along with twenty-
one (21) acres of open space is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall provide evidence of an agreement with the properties mineral owners
(Kauffman and Amoco) stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has been
made to mitigate the concerns of the mineral owners. Evidence shall be submitted to the
Department of Planning Services for review and approval. (Department of Planning Services)
2. Prior to recording the Change of Zone plat:
A. In accordance with Section 29-8-20A of the Weld County Code, a new permit shall be
obtained to conduct the remaining required inspections for BP40704 and BP40707 and the
full fees, less the fees for the electrical construction meter and the plan review,shall be paid.
In accordance with Section 20-1-21 of the Weld County Code,a Road Impact Fee shall also
be assessed for this residence. Evidence shall be provided to the Department of Planning
Services. (Department of Building Inspection)
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B. The applicant shall provide the Department of Public Works with written documentation
verifying that the roadway layout is acceptable to appropriate referral agencies,especially the
fire department of jurisdiction. (Department of Public Works)
C. The Longmont Soil Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
(Department of Planning Services)
D. The applicant shall address the requirements(concerns)of Division of Wildlife, as stated in
the referral response dated January 26,2004. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall contact the US Fish and Wildlife Service to determine if a survey needs to
be conducted for the Preble's Meadow Jumping Mouse, or any other threatened or
endangered species. Written evidence shall be provided to the Department of Planning
Services and the Colorado Division of Wildlife. If required evidence of mitigation of concerns
shall be written and graphically shown. (Division of Wildlife)
F. The applicant shall attempt to address the requirements(concerns)of Weld County Sheriffs
Office, as stated in the referral response dated January 8,2004. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
G. The applicant shall attempt to address the requirements(concerns)of the Mountain View Fire
Protection District, as stated in the referral response dated January 12, 2004. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
H. The applicant shall be required to 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)
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. (Department of Planning Services)
J. The applicant shall provide additional detail to the relationship of the bus pull-out, mail box
location and point of ingress and egress for development. (Department of Planning Services)
K. 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)
L. The applicant shall provide additional information pertaining to the entry sign and plant
materials, including common, botanical and species names, size at installation and any
additional information deemed necessary by Landscape Architect, if any. (Department of
Planning Services)
M. The applicant shall be required to provide written and graphic evidence that the location of
residential lots located immediately adjacent to the fifty(50)foot utility easement are able to
meet setbacks for both structure location and location for septic systems. (Department of
Planning Services)
N. The applicant shall address the issue of the turf/native and seed grasses in all open space
areas. (Department of Planning Services)
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O. The applicant shall provide evidence of the non-potable water source and delivery for
irrigation for proposed plant materials, if any. (Department of Planning Services)
P. The applicant shall provide evidence that the Army Corps of Engineers Clean Water 404
Permit is not required for this development. It shall be noted that no new construction will be
permitted within one hundred (100)feet of wetlands. (Department of Planning Services)
Q. The applicant shall address the requirements (concerns) of Weld County Department of
Planning Services, as stated in the referral response dated January 19, 2004. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
R. The applicant shall submit to the Weld County Department of Planning Services a recorded
copy of any agreement signed by all of the owners of the property crossed by the access.
The access shall be for emergency use and shall be referenced on the plat by the Weld
County Clerk and Recorders reception number.
S. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PZ-629. (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. (Depart of Planning Services)
4) The applicant shall delineate a Landscape legend and provide additional information
regarding the proposed plant material species. At a minimum, the applicant shall identify
existing on-site plant material delineated with a single dot in the center of the circle and
proposed additional plant material with a"+"in the middle of each circle. (Department of
Planning Services)
5) The plat shall be amended to include the agreed upon areas as possible future oil and gas
drilling sites, if an agreement can not be reached then additional four hundred by four
hundred square foot boxes will be delineated on the plat for possible future oil and gas
drilling sites. (Department of Planning Services)
6) A drawing scale will need to be added to the Grading Plan, (Sheet C-3.1). (Department of
Planning Services)
7) County Road 16%is classified by the County as a local road and requires a 60-foot right-
of-way and shall be delineated on the plat. (Department of Public Works)
8) County Road 18 is not a recognized County(public)road and does not have public right-of-
way. All references to County Road 18 should be removed. (Department of Public Works)
9) The Change of Zone plat must show the required easements extending to County Road 1
for the proposed development emergency access. (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 A(Agricultural)to PUD for nine
(9)lots with Estate Zone Uses along with twenty-one(21)acres of open space 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)
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Page 6
B. Water service shall be obtained from the Left Hand Water District.(Department of Public Health
and Environment)
C. 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)
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. Any disturbance of the wetland needs to be done in accordance with the Corps of Engineers
regulations. (Division of Wildlife)
I. 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)
J. 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)
K. Stop signs and street name signs will be required at all intersections. (Department of Public
Works)
L. 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)
M. No new construction will be permitted within one hundred (100) feet of wetlands.
(Department of Planning Services)
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.(Department of
Planning Services)
O. Building permits shall be obtained prior to the construction of any building or structure. Building
permits are also required fro signs and structures such as bus shelters if provided. (Department
of Building Inspection)
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Page 7
P. 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)
Q. A plan review is required for each building except for buildings that meet the definition of Ag
Exempt buildings. 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 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)
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 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. Off-
set and setback requirements are measured to the farthest projection from the building. (Depart
of Building Inspection)
V. A Flood Hazard Development Plan shall be submitted for buildings constructed within the 100-
year floodplain. (Department of Building Inspection)
W. 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)
X. 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)
Y. 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)
Z. 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)
AA. 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
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Page 8
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)
BB. 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. County Road 16'% is classified by the County as a local road and requires a 60-foot right-of-way.
This right-of-way shall be shown on the final plat. The existing 60-foot right-of-way shall be
verified by the applicant and the documents creating the right-of-way noted on the final plat. If the
right-of-way cannot be verified,it will be dedicated on the final plat.(Department of Public Works)
B. The applicant will be required to enter into an agreement with the County to proportionately share
the cost of improving County Road 16 '% between County Road 3 '/ and County Road 1. The
cost will be based on a proportion of the traffic generated by the development to the existing
traffic. This agreement shall be submitted with the final plat materials. (Department of Public
Works)
C. Roadway and grading plans along with construction details will be required for the final plat.
(Department of Public Works)
D. Roadside ditches appear to be at 6%slopes,thus influencing high drainage flows and velocities.
A stabilization plan will be required along with construction details with the final plat materials.
(Department of Public Works)
E. Verification that a 15-inch diameter culvert will perform satisfactorily to handle flows shall be
submitted to the Department of Public Works. (Department of Public Works)
F. The drainage report states that drainage flow will discharge into the Gooding, Dailey& Plumb
Ditch. Any probable increase of drainage into an irrigation system shall be corroborated with the
appropriate owner. The applicant shall provide a confirmation letter form the ditch owner
addressing this issue. The applicant shall show and name all irrigation systems in the
development on the final plat, including ditch easements. (Department of Public Works)
G. Proposed building envelopes and grading to accommodate drainage shall be provided with the
final grading and drainage plans. (Department of Public Works)
H. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the final plat. (Department of Planning Services)
I. The applicant shall submit an on-site (Private) Improvements Agreement with the final plat
application that addresses all improvements associated with this development, per compliance
with Section 24-9-10 of the Weld County Code. (Department of Planning Services)
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Page 9
J. A final drainage report stamped, signed and dated by a professional engineer licensed in the
State of Colorado along with construction plans, conforming to the drainage report shall be
submitted with the final plat application for approval prior to recording the final plat. The report
shall address all issues indicated in the Weld County Department of Public Works referral
response dated January 24, 2004. (Department of Public Works)
K. The applicant shall submit a final Landscape Plan which addresses all issues listed on the
memorandum dated January 19, 2004 from Weld County Department of Planning Services.
(Department of Planning Services)
L. The applicant shall provide written documentation to the Department of Planning Services that the
bus pullout area satisfies both Public Works and the School District. The right-of-way will be
dedicated on the Final Plat. (Departments of Planning Services)
M. Evidence shall be provided to Weld County Department of Planning Services from the applicable
Post Office stating that the proposed mailbox location meets their design standards and delivery
requirements. Should a single pedestal mail box not be the preferred standard,written evidence
from the applicable Post Office shall be provided stating the contrary. (Department of Planning
Services)
N. Additional information shall be submitted regarding the Bus Shelter.The information shall include
setbacks, road right-of-way encroachment,type of construction and foundation.(Department of
Planning Services)
O. 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)
P. Upon approval of an access location the applicant shall submit a request to a Weld County
Building Technician for lot addresses. The subdivision street name and lot addresses shall be
submitted to the Mountain View Fire Protection District, the Weld County Sheriffs 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)
Q. The applicant shall submit development covenants for DalMar 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)
R. The applicant shall address the requirements of Weld County School District RE-1J St. Vrain
Valley as stated in the referral response dated January 20, 2004. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
S. The applicant shall enter into an improvements agreement with Department of Public Works to
discuss the proportionate expense for dust control on County Road 16 V2. Evidence shall be
provided to the Department of Planning Services. (Department of Public Works)
T. The applicant shall submit an itemized Improvements Agreement for all on-site features and
elements associated with this development. The proposed improvements will include all
transportation and non-transportation elements. A Lump Sum cost estimate number is
unacceptable. (Department of Planning Services)
U. The applicant shall submit development covenants for DalMar 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)
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Page 10
V. 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)
Motion seconded by Doug Ochsner
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Doug Ochsner
Chad Auer
Tonya Strobel
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 17, 2004.
Dated the 17th of August, 2004.
lOASS
Voneen VVVVV Macklin
Secretary
l(c-o2NY
Mr. Hodges stated that the covenants can be clarified.
Peter Schei asked if the line currently being installed by in the Central Weld Water Utility easement is a
replacement water line. Mr. Messner stated it is a new water line. Mr. Schei stated there should be no
conflict. Mr. Miller clarified that an additional 25 feet will need to be reserved.
John Folsom asked for clarification regarding the reservation. Mr.Schei stated they are asking an additional
25 feet plus the 30 feet already dedicated.
John Folsom moved to require the applicant to add language to the covenants describing the management
of the water as described in the hearing today. Ms. Lockman suggest placing this in 1D where covenants are
being addressed. Ms. Lockman suggested placing additional language at the end of Condition 1D to state
the following: " envelopes shall be placed in the development covenants along with a description of the
management of the irrigation water."
John Folsom moved to include language in 1 D as referenced above. James Rohn seconded. Motion carried.
James Rohn moved to include the additional 25 feet of right of way in Condition 1J. Bruce Fitzgerald
seconded.
James Rohn indicated his concern with the right to farm act and at a previous meeting a surrounding land
owner was concerned with not being able to aerial spray his hay. That owner has the right to farm his land
and this would impose on it.
John Folsom indicated this issue was addressed in the Change of Zone. The farmer had other alternatives
to aerial spraying.
Mr. Miller stated that this is not a rehearing for the change of zone it is a final plan for the minor subdivision
process. Issues that are relevant to the change of zone are being discussed at this time.
John Folsom moved that Case MF-1017, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephen Mokray 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;Doug Ochsner,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: PZ-629
APPLICANT: Dallas & Marjorie Schneider
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2293; part of the NE4 of Section 30, T2N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD (DalMar Estates)for nine (9)
lots with E(Estate)Uses(34 acres)and three(3)non-residential outlots(21
acres) open space.
LOCATION: South of and adjacent to CR 18; approximately 1/2 mile east of CR 1.
Jacqueline Hatch, Department of Planning Services presented Case PZ-629, 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.
Doug Ochsner asked about the ditch and what type it was. Ms. Hatch stated it was an irrigation ditch.
Michael Miller asked Mr. Schei about the vehicle count. Some of the numbers mentioned in the information
given does not calculate. The traffic count for this proposal was under of 100 but this would throw the count
over the 200 cars a day for an agreement. Mr.Schei stated that there are other developments in the area that
are coming on board and this development will throw this over the threshold. Mr. Miller asked if Public Works
is requesting dust abatement from this applicant. Mr. Schei stated there is a paving project under way and
they are asking the applicant to participate in this. Public Works is asking all the applicants in the area to •
participate.
Clayton Harrison, representative of the applicant, provided clarification on the project. Agreements were a
concern at the time of sketch plan and the applicant has addressed a majority of them. There is one
agreement that will need to be finalized prior to the scheduling of the Board of County Commissioners. The
applicant has agreed to move the road to help mitigate the concern of one of the oil and gas companies. The
applicant has submitted a request for a paving waiver. The request was denied due to this proposed
subdivision would generate additional traffic on adjacent gravel CR 16'/2. The applicant is not proposing that
CR 16 ''A not be paved, they are requesting the internal road not be paved. A waiver can be granted if the
PUD is not in close proximity with other PUD. Currently they are not close to any other subdivisions. The
applicant would like to be granted the pavement waiver for the internal roadway.
John Folsom asked if the applicant had contacted the Army Core of Engineers due to the wetlands. Mr.
Harrison stated that the wetlands are not jurisdictional wetlands. Mr. Folsom asked if there was a provision
addressing this.
Michael Miller asked if DalMar road will also serve as the access road to maintain the wells. Mr. Harrison
stated it was.
Michael Miller asked Mr. Morrison if the Code requires 150 feet from structures and/or roads. Mr. Morrison
stated that the County Code deals with structures. The Oil and Gas Commission deals with distance from
roads if the well was put in second. Mr. Miller stated that if the applicant does not agree with K.P. Kaufman
all they would need to show is that a good effort was made to come to an agreement. Mr. Morrison stated
that if they do not have to have an agreement, they will need to show they have done their best to
accommodate KP Kauffman concerns.
John Folsom asked if there is any effort to find mineral deposits. Mr. Harrison stated that Planning and Public
Works has reviewed and there is none in this case.
Doug Ochsner asked if there has been contact with the ditch company for an agreement. Mr. Harrison stated
the agreement is complete and in the packet.
Bryant Gimlin asked the length of the internal road. Mr. Harrison stated it was approximately 3000 feet.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Helen Bryant,neighbor,asked about the access to CR 16%and who is going to have to pave for the paving?
Ms. Hatch stated the access will be adjacent to the existing driveway. Mr.Schei stated that all the developers
will share their proportionate cost of the paving of CR 16 Y2. Ms. Bryant will not be assessed anything. She
is considered background traffic because she already exists.
Jenny Shaw, neighbor,asked about paving on CR 16'A. How is the paving cost for a county road calculated
when a municipality has a portion of the roadway. Mr.Schei stated if a roadway is within the municipality they
will bear that cost and the maintenance for their section. County roads can have sections owned by the
County and individual municipalities.
The Chair closed the public portion of the meeting.
Inaudible discussion
James Rohn moved to delete 1B. Doug Ochsner seconded. Motion carried.
Peter Schei commented that the vehicle count on CR 16 Y: is 228. CR 16 '/: is in the 2004 plan for dust
abatement. There is a paving plan for 2007. This project started as minor subdivision and at that time no
internal paving was required, when it changed to PUD status the internal paving is required by code.
Bryant Gimlin commented that if this road is also an oil and gas access,they will tear up the pavement much
quicker. It would be beneficial for the applicant to have something other than asphalt.
John Folsom asked if there was a steep grade on the road. If there is it would be better to pave it then
dedicate it to the county when completed.
James Rohn asked if the oil and gas company would pay for the maintenance on the internal road that they
utilize. Mr.Miller stated that a normal oil and gas lease is required to maintain access roads to the wells,this
would be hard thing to enforce if the applicant tried to force them to maintain the quality of the asphalt. Mr.
Rohn commented the trucks would be harder on the asphalt. Mr. Miller stated the grade to the site is not
significant to support or cause the need for paving. Mr. Rohn stated that Public Works has required other
subdivisions interior roads to be the same as the connecting exterior road. It would be beneficial if the
applicant would meet the paving requirement at some point in the future.
Bruce Fitzgerald asked if the applicant has to pay a road impact fee. This would be$18,000 from the property
owners when permits are pulled. How much more involvement over and above this money is the developer
going to need. Mr. Schei stated that the traffic impact fees go to the major arterial. These are the strategic
corridors not any county road in the system. Public Works recommendations are based on their policy. The
fees are hard on the developers but the public as a whole will be taxed to keep the infrastructure up to a
certain level. There was continued discussion on paving of the interior roadway and Planning Commissions
ability to determine something other than the recommendation by Public Works. Mr. Morrison stated that the
Planning Commission can chose rather to forward Public Works recommendation or make one of their own
regarding the paving.
Michael Miller asked if the county would pave an entry way into the site or strictly the roadway when the time
comes for CR 16 '/2 to be paved. Mr. Schei stated there would not be accommodation for the access.
John Folsom asked about paving CR 16 1/2. Mr. Schei stated that in 2007 the road will be paved and this is
part of the established budget.
Bruce Fitzgerald moved to grant waiver for internal road to be gravel. The recommendation is to amend 2E
on page 4 to stated"The typical roadway section of the interior roadway shall be shown as two 12-foot gravel
lanes with 4 foot gravel shoulders on the change of zone plat." Doug Ochsner seconded. Motion Carried with
John Folsom voted no.
Jacqueline Hatch stated that 2E page 4 is not a condition. Additional language can be added to Condition 2B
to address the same concern. Mr.Miller stated that it has been established that Public Works has denied the
paving waiver but Planning Commission has recommended that the internal roadway be changed to a gravel
surface. The referral agencies will have to accept the recommendation for gravel also. Mr.Schei stated that
a separate item will need to be added as a condition. Mr. Miller asked Mr. Morrison if Planning Commission
recommends the waiver for paving the layout still needs to be acceptable to the referral agencies. Mr.
Morrison stated that the layout must be adequate. There needs to be nothing changed because the layout
is the same the surface is the only change.
Michael Miller commented that the code indicated that if the internal roadway enters onto a paved surface it
must also be paved, but the code does not indicated it has to be paved. Mr. Schei stated that a minor
subdivision does not have to be paid but a PUD does have the requirement of paving. A waiver can always
can be requested.
Bryant Gimlin moved that Case PZ-629, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephen Mokray 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;Doug Ochsner,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: USR-1458
APPLICANT: Kenneth Shannon
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NW4 of Section 29, Ti N, R66W 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 Special Review, (Oil & Gas Support & Services) in
7 - R( c.2to
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 20, 2004
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24%, Longmont, Colorado. The meeting was called to order by Chair, Michael
Miller, at 1:30 p.m.
ROLL CALL
C-i
Michael Miller r_
Bryant Gimlin Absent Fri 2
John Folsom 0 N _ 'r ,
Stephan Mokray Absent v
James Rohn
Bruce Fitzgerald I
Tonya Strobel Absent U 92 5
Chad Auer
Doug Ochsner C
Also Present: Char Davis, Pam Smith, Don Carroll, Peter Schei,Jacqueline Hatch
The summary of the last regular meeting of the Weld County Planning Commission held on July 6,2004,was
approved as read.
The following item will be continued:
r
CASE NUMBER: USR-1475
APPLICANT: Samuel Clark
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of Lot B of RE-1917; being part of the NE4 of Section 13, T4N, R68W
of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or accessory use in the Commercial Zone
District (Landscaping Materials Yard) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 46;west of and adjacent to CR 13.
Jacqueline Hatch, Department of Planning Services, read a letter a requesting a continuance to August 17,
2004 to allow the applicant time to notify mineral owners..
The following item will be removed from the consent agenda and continued due to notification error:
CASE NUMBER: PZ-629
APPLICANT: Dallas& Marjorie Schneider
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2293; part of the NE4 of Section 30, T2N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD (DalMar Estates)for nine (9)
lots with E(Estate)Uses(34 acres)and three(3)non-residential outlots(21
acres)open space.
LOCATION: South of and adjacent to CR 18; approximately 1/2 mile east of CR 1.
Jacqueline Hatch, Department of Planning Services, gave a brief explanation of the circumstances
surrounding this continuance. The legal notification was incorrect. The case will be continued to August 17,
2004.
The following items are on the Consent Agenda:
CASE NUMBER: USR-1458
APPLICANT: Kenneth Shannon
g- i7 -aooi
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes;
Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: PZ-629
APPLICANT: Dallas&Marjorie Schneider
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2293;part of the NE4 of Section 30,T2N,R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural)to PUD (DalMar Estates) for nine(9)
lots with E(Estate)Uses(34 acres)and three(3)non-residential outlots(21
acres)open space.
LOCATION: South of and adjacent to CR 18; approximately 1/2 mile east of CR 1.
John Folsom moved to approve the Consent Agenda. Doug Ochsner seconded. Motion carried.
The following Cases will be Heard:
CASE NUMBER: AmUSR-935
APPLICANT: Brittara Land Company LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-1331; part of the E2 SW4 of Section 36, T4N, R68W of the 6th
P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or accessory use in the Commercial Zone District
(Landscaping Materials Yard, Agricultural and Supply Business) in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 38; approximately'V2 mile west of CR 13.
Jacqueline Hatch,Department of Planning Services presented Case AmUSR-935,reading the recommendation
and comments into the record.The Department of Planning Services is recommending denial of the application.
If approved, staff is recommending the following changes to the Conditions of Approval:
1. 2.A.1 Section 22-2-170.C C Goal 3—Address the compatibility of commercial land uses with adjacent
land uses. There are three homes in close proximity to the site and a minor subdivision for nine
residential lots (MF-1017 Stamp) is located directly to the north of the site. USR-935 was originally
approved in 4999 1991 for an agricultural service establishment (agricultural and supply business).
Staff has noted that since August 2002 it does not appear that the site has been utilized. The
proposed amendment consists of expanding the use to include the storage and sale of landscape
material.
2. Development Standard 21. The applicant shall be responsible for applying dust suppressant
chemicals (magnesium chloride or calcium chloride)adjacent to the frontage of the operation and
on the haul route where there area any residential structure for approximately 300'on County
Road 38 that could be affected by heavy hauling from the site. The road shall be treated no less
than twice a year, as needed, or as directed by the Weld County Department of Public Works.
(Department of Public Works)
John Folsom asked if the reason for denial was based on compatibility? Ms. Hatch indicated that the use
has intensified with the addition of landscape and a retail component as well as the close proximity of
homes in the area. Mr. Folsom indicated that there are code sections that can go both ways. Mr. Folsom
quoted Section 22-260 B.a.4 and Section 23-3-40.R indicating both could be used in favor and against this
application. There is a counter balance as to which section is quoted.
James Rohn asked how it was determined the site was not utilized since 2002? Ms. Hatch stated that
when the Stamp Subdivision began in 2002, staff did not observe any operation at the time or since then.
Mr. Rohn asked about the homes in the area and why they are a concern in this case since the application
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