HomeMy WebLinkAbout20010975.tiff eTh
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs 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:
PLANNER: Sheri Lockman
CASE NUMBER: Z-547
APPLICANT: Affordable Country Homes, Inc/Todd Hodges
ADDRESS: 2337 10th Street, #C, Greeley, CO 80631
REQUEST: Planned Unit Development Change of Zone from A(Agricultural)Zone District to PUD with
six E (Estate) lots, one A (Agricultural)lot and 15.58 acres of Common Open Space
LEGAL DESCRIPTION: Lot B RE-2016; being Part of the SE4 of Sec. 16, T6N, R64W of the 6th
P.M., Weld County, Colorado
LOCATION: North of and adjacent to State Highway 392 & '/% mile east of Weld County Road 53
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with Section 6.4.3 of the Weld County Planned Unit
Development Ordinance#197 as follows:
A. Section 6.4.3.1.1 That the proposal is consistent with the Comprehensive Plan, MUD
Ordinance if applicable, any Intergovernmental Agreement in effect influencing the PUD,
and the Weld County Zoning and Subdivision Ordinance. A.Policy 7 states"Weld County
recognizes the Right to Farm". In order to validate this recognition Weld County has
established an example covenant that shall be incorporated on all pertinent land use plats.
The Department of Planning Services has required the covenant to appear on the recorded
plat. PUD. Goal 2 states "encourage creative approaches to land development which will
result in environments of distinct identity and character.It is staffs opinion that this proposal
has used a creative approach to preserve the most productive part of the property within
the agricultural lot. No intergovernmental agreements presently influence this site.
B. Section 6.4.3.1.2 That the USES which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Section 2 of this
Ordinance. Department of Planning Services' staff has determined that the submitted
application does comply with the 20 standards described in Section 2 of the PUD
Ordinance, Ordinance #197. Section 2.13 describes Non-Urban Scale Development as
those comprised of five or less residential lots, located in a non-urban area as defined by
the Weld County Comprehensive Plan,not adjacent to otherPUD's,subdivisions,municipal
boundaries or urban growth corridors. Although the PUD contains 7 lots staff feels the
application meets the intent of a non-urban subdivision.Section 2.20 requires Planned Unit
Developments to be serviced by an adequate water supply.The application included a Tap
Fee Agreement with North Weld County Water District.The Weld County Attorneys'Office
has indicated the water supply appears adequate.
C. Section 6.4.3.1.3 That the uses which would be permitted will 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 the Comprehensive Plan or Master Plans
of affected municipalities. The proposed site does not lie within an urban growth area.
2 EXHIBIT
2001-0975 1
RESOLUTION, Z-547
Affordable Country Homes, Inc.
Page 2
D. Section 6.4.3.1.4 That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Section 2
of this Ordinance. Domestic water shall be provided by North Weld County Water District.
Each lot for the proposed PUD subdivision shall have an Individual Sewage Disposal
System (ISDS) installed per the Weld County Department of Public Health and the
Environment requirements and specifications.
E. Section 6.4.3.1.5 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 Zone District. The Department of Public Works
have submitted a Condition of Approval that requires the internal road to be adjusted to
Weld County standards.
F. Section 6.4.3.1.6 The application included an Improvements Agreement addressing many
of the on-site improvements. Conditions of Approval require the amending of the
Improvements Agreement to include additional road costs, more specific landscape
information and on-site water lines.
G. Section 6.4.3.1.7 That there has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay districts,commercial mineral deposits,
and soil conditions on the subject site. This proposal does not lie within any Overlay
Districts. The West Greeley Soil Conservation District stated no concerns regarding soil
conditions. Colorado Geological Survey has included comments that will be addressed
through building permits.
H. Section 6.4.3.1.8 Consistency exists between the proposed zone district, uses and
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. The applicant is requesting the Final Plan be by Administrative
Review and not require a Board of County Commissioners hearing.Planning Staff supports
this request.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from Agricultural to PUD Seven Lot Residential Subdivision is conditional upon the
following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. OG.Policy 1.1 of the Weld Comprehensive Plan states"new planned unit developments or
subdivisions should be planned to take into account current and future oil and gas drilling
activity to the extent oil and gas development can reasonably be anticipated."The applicant
shall either submit to the Weld County Department of Planning Services a copy of an
agreement with the properties mineral owners stipulating that the oil and gas activities have
adequately been 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. (Dept.of Planning
Services)
B. The applicant shall submit information regarding the proposal to build an agricultural
structure upon the common open space. Include possible uses, location, access, parking,
whether the use will be limited to those within the PUD and any other pertinent information.
(Dept. of Planning Services)
RESOLUTION, Z-547
Affordable Country Homes, Inc.
Page 3
C. The applicant shall submit an access permit from the Colorado Department of
Transportation to the Department of Planning Services. (Dept. of Planning Services)
D. The applicant shall submit evidence to the Weld County Department of Planning Services
that the concerns stated by the State of Colorado Office of the State Engineer, Division of
Water Resources in a referral response dated August, 3, 2000, have been adequately
addressed.
2. The Change of Zone plat map shall be submitted to the Department of Planning Services for
recording within 60 days of approval by the Board of County Commissioners.
3. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall be amended to include the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(Dept. of Planning Services)
2) The location of the proposed future monument sign. (Dept. of Planning Services)
3) The applicant shal submit to the Department of Planning Services for approval by
the Weld County Department of Public Works evidence that both accesses are
p-• necessary or the existing access shall be deleted. (Dept. of Public Works)
B. The following shall be placed on the Change of Zone plat:
1) Septic Envelopes.
2) Building Envelope for the lot with Agricultural uses.
3) Setbacks from oil and gas wells.
4) Mail pick-up, bus stop location.
5) Location of future development sign.
6) Roadway cross-section.
7) Location of fire apparatus.
C. The applicant shall submit a manure and wastewater runoff management plan for review
and approval to the Weld County Department of Public Health and Environment. The plan
shall describe how manure that is generated on the property will be disposed,and describe
how storm water that comes into contact with manure on the property will be managed. The
applicant should consider the Best Management Practices as described in the Confined
Animal Feeding Operation Control Regulations (5 CCR 1002-81). The plan should also
describe how dead animals will be disposed. Evidence of Weld County Department of
Public Health and Environment approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
D. The following notes and information shall be delineated on the Change of Zone plat:
1) The Planned Unit Development shall consist six E (Estate) zoned lots, one A
(Agricultural)zoned lot and 15.58 acres of Common Open Space.The Change of
RESOLUTION, Z-547
Affordable Country Homes, Inc.
Page 4
Zone allows for Estate uses(6 lots)that shall comply with the Estate Zone District
requirements as set forth in Section 36 of the Weld County Zoning Ordinance and
Agricultural uses (1 lot) that shall comply with the Agricultural Zone District
requirements as set forth in Section 31 of the Weld County Zoning Ordinance.The
only exception shall be a variance from the maximum number of animal units
permitted per acre as follows:
a) Zero (0) swine shall be allowed
b) Alpaca Animal Unit Equivalents = .10
Maximum Number per acre = 10
2) A Weld County Septic Permit is required for each proposed home septic system
and shall be installed according to the Weld County Individual Sewage Disposal
System Regulations. (Department of Public Health and Environment)
3) Each septic system shall be designed for site-specific conditions, including but not
limited to maximum seasonal high groundwater, poor soils, and shallow bedrock.
(Department of Public Health and Environment)
4) Water service shall be obtained from the North Weld County Water District for each
lot. (Department of Public Health and Environment)
es` 5) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
6) Any signage located on the property shall require building permits and adhere to
Section 6.3.6.3 of the Weld County PUD Ordinance and Section 42.2 of the Weld
County Zoning Ordinance. (Department of Planning Services)
7) The applicant shall comply with Section 8.7 of the Weld County Planned Unit
Development Ordinance(Ordinance 197)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
submittal of the PUD Final Plan. The Board may extend the date for the submittal
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)
8) The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and Environment, and
Planning Services.
E. The following notes and information shall be delineated on the Change of Zone and Final
plat:
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�-. RESOLUTION,Z-547
Affordable Country Homes, Inc.
Page 5
1) The individual lots shall comply with the approved manure and wastewater runoff
management plan at all times. (Department of Public Health and Environment)
2) Each lot shall have primary and secondary septic system envelopes. Septic
system envelopes should meet the required setbacks as described in the Weld
County Individual Sewage Disposal System Regulations. (Department of Public
Health and Environment)
3) Activities such as landscaping (i.e. planting of trees and shrubs)and construction
(i.e. auxiliary structures, dirt mounds, etc.) are expressly prohibited in the
designated absorption field sites. (Department of Public Health and Environment)
4. The Final Plan application shall adhere to Section 7.3 of the Weld County PUD Ordinance
#197, and shall specifically address the following:
A. The applicant shall submit evidence to the Department of Planning Services from Platte
Valley School District indicating that a School Service Agreement has been reached.(Dept.
of Planning Services)
B. The Final Plan application shall include an amended Improvements Agreements to include
additional road costs, more specific landscaping information and on site water lines
C. Language for the preservation and/or protection of the second absorption field envelope
shall be placed in the development covenants. The covenants shall state that activities
such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary
structures, dirt mounds, etc.) are expressly prohibited in the designated absorption field
site. (Department of Public Health and Environment)
5. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at the appropriate
location adjacent to Weld County Road 31 and the entrance to the subdivision. (Dept. of
Public Works)
B. The developer or applicant shall submit evidence to the Department of Planning Services
that both the"infrastructure enhancement"and "plant investment"fees have been paid to
the North Weld County Water District. (County Attorney's Office)
6. Prior to excavation or construction the applicant shall meet all Weld County Department of Building
Inspection criteria as listed on the referral dated November 22, 1999. (Dept.of Building Inspection)
Motion seconded by Fred Walker.
VOTE:
For Passage Against Passage Absent
Fred Walker Stephen Mokray Bryant Gimlin
Cristie Nickles Cathy Clamp Jack Epple
Arlan Marrs
John Folsom
Michael Miller
RESOLUTION, Z-547
Affordable Country Homes, Inc.
Page 6
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,Trisha Swanson, 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 15, 2000.
Dated the 15"of August, 2000.
/Lt-g"( ct¢
Trisha Swanson
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 7
Cristie asked why there is such a hold up with the Lazy D. Rick noted that the lawyers have been fine-tuning
the proposal, but that they expect to finalize this within the next few weeks.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Thompson stated that the applicant does agree with the Conditions of Approval and the Development
Standards, but noted that Condition of Approval should have Planning Commission, not the Board of County
Commissioners. The Department of Planning Services agreed that this should be changed.
Michael Miller moved to approve Case 2ndAmUSR-1153 with the attached Development Standards and
Conditions of Approval with the addition of Development Standard#14 from the Department of Public Health
and Environment and subsequent renumbering, the change of referral for Development Standard #15, and
the change from Board of County Commissioners to Planning Commission. 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; Cathy Clamp, yes; Fred Walker, yes; Cristie
Nicklas, yes. Motion carried unanimously.
CASE NUMBER: Z-547
APPLICANT: Affordable Country Homes, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-2016, being part of the SE4 of Section 16, Township 6 North,
Range 64 West of the 6th P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone from A (Agricultural) to PUD with six E (Estate) lots and one A
(Agricultural) lot.
LOCATION: North of and adjacent to SH 392 and 1/2 mile east of WCR 53.
Sheri Lockman, Planner, presented Case Z-547 and read the recommendation into the record. Sheri noted
that condition of Approval #1.D was added to the comments that the Planning Commission received and
that the Department of Planning Services is recommending approval of this application.
Cristie Nicklas asked what the name of the subdivision referred to in the application as similar to this one
was and where it was located. Sheri noted that Lindies Lake subdivision is a few miles away and similar
in density to this application.
Todd Hodges, representative for the applicant, presented the application. Mr. Hodges noted that there are
provision for the setback from the oil head and tank. Mr. Hodges also noted that there is a well being
approved for fire protection,and possibly irrigation in the future,for the subdivision. Todd Hodges noted that
North Weld Water District is dealing with the Division of Water Resources and that the Division of Water
Resources is just waiting for updated information.
Cathy Clamp asked about the extensive number of Alpacas being asked for on the site. Mr. Hodges noted
that they are asking for this number as the animals are not as hard on the land as the Llamas they are
lumped in with. Lee Morrison noted that with the change of zone, the applicant can set their own units for
the property. Mr. Hodges noted that there is a part of the covenant that does not allow over-grazing of the
property.
Michael Miller asked if the applicant is still reserving land for an airstrip. Mr. Hodges noted that the sketch
plan did ask for.an airstrip, but that they dropped this. Todd Hodges noted that there is a note to allow a F N-
structure to be built in the open space, such as a loafing shed or a corral. m ,.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. K
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 8
Fran Leiser, a nearby land owner, stated that she moved to the country, she doesn't want to live by a
subdivision and that she does not feel there is enough water to service the lots and irrigate them as well.
Kent Bendt, an nearby land owner, stated that he is mostly concerned with the traffic issues of SH 392, but
also with the possible drop in water pressure. Mr.Bendt noted he would like to see road improvements before
new development occurs.
Mindy Noose, a nearby property owner,stated that she is worried about the water because when they water
outside they have no water pressure inside. Ms.Noose also stated her main concern is with the overcrowding
of school buses.
Julie Boyle, a nearby property owner, stated that she is concerned with the water and utility issues, as well
as a removal of 39 of 76 acres from production. Ms. Boyle is also concerned with animals not being fenced
as well as traffic issues involved with more animals and houses. Julie Boyle also noted that she would like
more screening on the south and west side of the subdivision. Ms. Boyle did not like that the publication was
in the South Weld Sun, did not see the sign up for three weeks, and wants the final plan to be in front of the
public, not staff approved. Cristie Nickles explained that the South Weld Sun has the bid for all publication
in the county and that the planner only has the responsibility to post the sign,they are not responsible for any
vandalism that may have occurred, and that there is a picture of the posted sign on the site.
Deb Holstein, a property owner in the area, stated that the elk they raise are effected by new people and
animal scents and they get nervous,often causing damage to themselves. Ms. Holstein also noted that there
is not much water available in the area.
Mable Leiser stated that she is not happy with the difficulties she has encountered with County permitting
processes. She also stated concern that she could not get a driveway off of SH 392, but that the applicant
is going to get access.
Don Dunker, a nearby property owner, asked questions concerning manure and fly management plan and
questions for Colorado Department of Transportation(CDOT)concerning a culvert. Diane Houghtaling stated
that he would have to ask CDOT about their plans for the culvert. Pam Smith stilted that a pamphlet is
available from the Department of Public Health and Environment concerning the manure and fly management.
Linda Erbes, a nearby land owner, asked about irrigating the subdivision lots if there is not enough water to
irrigate the farmed land. She also asked questions about the type of homes allowed, the property near the
application site that is not very well kept, and the school buses and capacity of the schools.
Todd Hodges,representative for the applicant,stated that the school impacts will be paid as part of the school
impact fees at building permit issuance. Mr. Hodges also stated that this land is non-prime irrigated and that
many of the livestock issues will occur between any neighbors, a subdivision is not the source of all the
livestock problems, and that the access will be for all the lots, rather than several separate houses with
individual accesses.
Arlan Man-s asked what kind of housing is proposed for the site. Todd Hodges stated that the homes will be
stick built or possible manufactured homes comparable to stick built homes. Arlan Marrs asked if the
additional Alpaca will be allowed on the large agricultural lot. Mr. Hodges stated no,that they will be allowed
on all the lots.
Brian Hegwood,Applicant, stated that the water rights will be his and that he rents water. Stephen Mokray
asked about irrigation for the-subdivision lots. Mr. Hegwood stated that he will be encouraging the use of
native grasses and possibly work with the property owners to use his water, but also noted that the covenant
covers animals and fencing. Fred Walker asked which irrigation system Mr. Hegwood uses. Mr. Hegwood
noted it is Larimer/Weld.
Todd Hodges stated that they are in agreement with the Conditions of Approval, except#3.A.3.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 9
Stephen Mokray noted that he does not like the idea of animals but not enough water on the site. Todd
Hodges noted that the potential for using well water is there and that they will work with the buyers. Mr.
Hegwood noted that the covenant does not allow over-grazing and deals with the maintenance of weeds. Mr.
Hegwood also noted that the buyers will be made aware of the water issues at selling.
Discussion ensued concerning the open range policy as well as water rights through North Weld County
Water District and available water for the property.
Michael Miller noted that the applicant is looking at economic advantages compared to production. Michael
noted that he is hesitant to allow this use of the property with the possible hazards to surrounding property
owners associated with it.
Arlan Marrs noted that it is not the Planning Commission's duty to decide if the agricultural use of the property
is economically feasible and that water availability is minimal at best. Arlan noted that this will concentrate
the water on fewer acres, possibly producing more. This subdivision will not eliminate accesses on SH 392,
maybe by allowing questionable agricultural property be developed will help fill the demand for lots, before it
starts affecting prime farm land.
Arlan Marrs moved that Case Z-547 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with staff changes with the Planning Commissions
recommendation of approval. Fred Walker seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, no; Michael Miller, yes; Cathy Clamp, no; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried.
John Folsom commented that he may feel a personal preference for not having urban sprawl in rural areas,
but this is not prime farm ground. Mr. Folsom also noted that this application follows regulations and
ordinances and he takes a stance in favor of this application.
Cathy Clamp commented that she feels it is the property owners right to develop tffeir own land, but that
surrounding property owner concerns worry her, as well as the water pressure issue. Ms. Clamp also noted
that she is concerned with the elk being harmed with new people and animals in the area.
Fred Walker commented that the issue of prime farm land versus irrigated prime land depends on more than
maps and certain soils,that the farmer is often the difference between farmable land. Mr.Walker also noted
that North Weld Water District is working on improving the line for pressure in the area and the more people
in the area will encourage them to improve the line.
Cristie Nicklas commented that the elk are considered livestock and that the owners of animals this sensitive
should not expect the neighbors to be responsible for placing these animals in this populated and growing
area. Cristie also noted that the water pressure should not be a problem of the Planning Commission, but
of the water district and that proper use of the water taps would improve the pressure for everyone on the line.
CASE NUMBER: AmUSR-1067
APPLICANT: HS Resources, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Being Part of the SE4 of Section 13, Township 3 North, Range 66 West of
the 6th P.M.,Weld County, Colorado.
REQUEST: Amendment to a Site Specific Development Plan and Special Review Permit for Oil and Gas
Support and Services (Land Treatment Facility) in the Agricultural Zone District.
LOCATION: West of and adjacent to WCR 37 and north of and adjacent to WCR 32.
This application is to amend a portion of the property out of the USR in order to apply for USR-1280 for a
different use. As the two applications are basically a change to one property, they were presented in one
speech by Sheri Lockman and the applicant.
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