HomeMy WebLinkAbout20013030 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution, along with the deletion of 2H, additional language
to 2E and the addition of 3Z, 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: Z-563
PLANNER: Kim Ogle
APPLICANT: David Keiser and Michael Sigg, c/o Todd Hodges Design, LLC
ADDRESS: 2412 Denby Court
Fort Collins, CO 80526
REQUEST: Change of Zone from A (Agricultural) to PUD with Estate uses
for four(4) residential lots and 7.5 acres of Common Open
Space
LEGAL DESCRIPTION: Lot B of RE-2527; being part of the W2 of the SW4 of Section
10, T4N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to WCR 46.5; east of and adjacent to
WCR 43.
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 this 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.A.1, A.Goal 1 --"Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture."
Chapter 22, Section 22-2-60.1.1, A.Goal 9 indicates that eighty(80) acres is
considered the minimum lot size for a viable farming operation. The subject
parcel is 45.029 acres net in size and is classified as"Irrigated land - Not prime"
farmland on the 1979 Important Farmlands of Weld County map. Historically
the subject parcel has not been utilized for crop production. The Central
Colorado Water conservancy District acquired the water from this property
through a "Dry-up Covenant" recorded March 1, 1999 at Reception Number
2676547. Given the lack of viable soils, lack of irrigation water and shape of the
parcel, the parcel is not economically viable for agricultural production.
Therefore, prime farmland will not be removed from production.
EXHIBIT
2001-3030
COz #5ta3
Resolution Z-563
Latham View Estates
Page 2
2) Section 22-2-60.C.2, A.Policy 3— "Conversion of agricultural land to residential,
commercial and industrial development will be discouraged when the subject
site is located outside of a municipality's comprehensive plan area, urban
growth boundary area, or 1-25 Mixed Use Development area and urban
development nodes." The application proposes non-urban scale development
as defined by Section 27-2-140 of the Weld County Code. Section 27-2-140
defines non-urban scale development as"...developments comprising of nine
(9) or fewer residential lots, located in a non-urban area as defined in Chapter
22 of the Weld County Code, not adjacent to other PUDs, subdivisions,
municipal boundaries or urban growth corridors." This proposal includes public
water and consists of four(4) PUD Estate zoned residential lots and one 7.5
acre open space lot. The minimum proposed lot size of 6.248 acres coupled
with the overall density of one system per 11.25 acres meets the current
Department policy.
3) Section 22-2-60.D.2, A.Policy 4 "Provide a mechanism for the division of land
which is agriculturally zoned. The intent of this goal should be to maintain and
enhance the highest level of agricultural productivity in Weld County." The
proposed level of development is non-urban as defined in Section 27-2-140.
The addition of four(4) PUD Estate zoned residential lots will have minimal
impact on the local service providers.
4) Section 22-2-90.C.1, UGB.Goal 3 "The County and municipalities should
coordinate land use planning in urban growth boundary areas, including
development policies and standards, zoning, street and highway construction,
open space, public infrastructure and other matters affecting orderly
development." The City of Evans and Town of LaSalle have indicated that they
find no conflict with their interests.
5) Section 22-2-170.C.2.b, R.Policy 3.2 "New residential development should
demonstrate compatibility with existing surrounding land use in terms of general
use, building height, scale, density, traffic, dust and noise." The proposed
subdivision takes into consideration the surrounding properties, as well as the
site advantages. The site is designed with a perimeter buffer around all lots
separating the residential lots from WCR 46.5 and WCR 43. The Department of
Planning Services will require Weld County's Right to Farm statement as stated
in Appendix 22-E of the Weld County Code to be placed on the plat.
6) Section 22-2-190.D.2.b, 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...." This proposal includes
approximately sixteen (16) percent open space, further, the landscape treatment
will focus on the entry into the PUD and in the buffer area between the oil and
gas facilities and the residential lots. The remainder of the property is planted in
native grasses, including oats and drought tolerant vegetation in an effort to
conserve available water and soil erosion.
7) Section 22-3-50.B.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 with Central Weld County
Water for potable and fire protection requirements. I.S.D.S., septic systems will
handle the effluent flow. The application has satisfied Chapter 27 of the Weld
County Code in regard to water service. Water is to be provided by the Central
Weld County Water District. Evidence of pre-purchased water taps from
Central Weld County Water District is provided in the application materials.
Resolution Z-563
Latham View Estates
Page 3
The application has satisfied Chapter 27 of the Weld County Code in regard to
sewer service. Sewer will be provided by individual sewage disposal systems.
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. The applicant has met the twenty performance
standards as delineated in Section 27-2-10 regarding access, buffering and screening,
bulk requirements, circulation, etcetera. 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. The City of
Evans and Town of LaSalle have indicated that they find no conflict with their interests.
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.
Central Weld County Water District has indicated their ability and willingness to service
this application. Sewage disposal will be served by Individual Sewage Disposal
Systems (I.S.D.S.). Based on a geo-technical report from Terracon dated July 31, 2000,
the site is suitable for conventional septic systems.
Primary and secondary septic system envelopes have been designated on each lot as
recommended. The application states that language restricting building on the septic
system envelopes will be included in the homeowners association covenants, which will
be submitted with the Final Plan application.
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 to the PUD shall be paved to the right-of-way of Weld
County Road 43 and constructed in gravel for the internal road for Latham View Estates
PUD per Weld County Standards. Further, Weld County Road 43 is designated as a
collector status road that requires eighty (80)feet of right-of-way. Presently there is sixty
(60)feet of right-of-way. A total of forty (40)feet from the centerline of Weld County
Road 43 shall be delineated on the plat as right-of-way reservation for future expansion
of Weld County Road 43.
WCR 46.5 is designated as a local roadway in the Weld County Transportation Plan.
The plat shows "Apparent 60' Road ROW". The reference to apparent should be
removed and a 60' right-of-way dedicated with the plat. The Certificate of Dedication,
Ownership, and Maintenance does speak to rights-of-way. WCR 43 is designated as a
collector in the Transportation plan and will require a minimum 80 feet of right-of-way.
The dimensioning for right-of-way, reservation and open space is poorly done on both
WCR's 46.5 and 43 and shall be redrawn. If there are presently more than six access
points on WCR 43 in this mile section, the subdivision road will need to line up with one
of the other access points or come off WCR 46.5.
Resolution Z-563
Latham View Estates
Page 4
Internal roadways require 60 feet of right-of-way. The roadway shown on the plat does
not meet the requirements of the Weld County Code which is two 12' paved lanes and
two 4' gravel shoulders. The applicant should be required to provide justification for not
paving the internal road.
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.
Development Standards and Conditions of Approval ensure compliance with Chapter
24, Article VII, and Sections 24-9-10 and 24-9-20 of this Code.
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 Latham View Estates and all on-site
improvements.
G. Section 27-6-120.6.g -That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site.
The Greeley Weld County Airport, in their referral letter dated April 6, 2001, stated the
location of the proposed development is within the Greeley-Weld County Airport's Area
of Concern as defined in the Greeley-Weld County Airport Surrounding Land Use
Guidelines. Specifically the site is located within the extreme southwest boundary of the
Airport's Influence Area and underneath the 7:1 Transitional Surface area. The Airport
Authority recommends the applicant execute an Avigation Easement, which will protect
the interests of Weld County, the City of Greeley, and the Greeley-Weld County Airport
Authority in the future from potential nuisance complaints that may be generated by
aircraft noise and overflight. This shall be recorded and run concurrently on the
properties.
The Colorado Geological Survey, in their referral letter dated September 14, 2001,
identified several areas of concern for the site, including the potential for highly erodible
soils that can be moisture sensitive. The natural topography of the site and the
surrounding vicinity may lead to drainage problems on and off-site. Grading shall be
undertaken to provide positive drainage away from the foundation walls and downspouts
shall have splash guards or extensions to direct rainfall run-off away from foundation
walls. Further a perimeter drainage system shall be in place around the perimeter of the
foundation walls.
The Weld County Department of Public Works stated that the submitted drainage plan,
although adequate, would require the resolving of some minor issues and the
submission of additional documentation as outlined in the memorandum dated March
16, 2001.
In the referral response dated September 5, 2001, the Weld County Building Inspection
Department is requiring engineered foundations for each structure based on a site-
specific geo-technical report or open hole inspection performed by a Colorado registered
engineer..
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
Resolution Z-563
Latham View Estates
Page 5
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 with Estate Zone District uses is conditional upon the
following:
1. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 27-9-20 of the
Weld County Code. (Dept. of Planning Services)
B. The applicant shall submit a proposed estimate for time of construction of the
PUD. (Dept. of Planning Services)
C. The applicant shall submit a additional information, as required, for the drainage
report, signed by a Colorado licensed engineer, to the Department of Public
Works for approval. The applicant shall supply the Department of Planning
Services with written approval from the Department of Public Works. (Dept. of
Planning Services, Dept. of Public Works)
D. The applicant shall address the concerns of the LaSalle Fire Protection District.
Written evidence of a solution shall be provided to the Department of Planning
Services. (LaSalle Protection District)
E. 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). (Dept. 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:
A. The site specific development plan is for a PUD Change of Zone from A(Agricultural)to
PUD with Estate Zone District uses 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.
B. The applicant shall obtain water from Central Weld County Water District. (Dept. of
Public Health and Environment)
C. A Weld County Septic Permit is required for each proposed septic system and shall be
installed according to the Weld County Individual Sewage Disposal System Regulations.
Each septic system shall be designed for site-specific conditions, including but not
limited to maximum seasonal high groundwater, poor soils, and shallow bedrock. (Dept.
of Public Health and Environment)
D. The applicant shall obtain a storm water discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment, if required. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project. (Dept. of Public Health and Environment)
E. If land development creates more than a 25 acre contiguous disturbance, or exceeds six
(6) months in duration, the responsible party shall prepare a fugitive dust control plan,
Resolution Z-563
Latham View Estates
Page 6
submit an air pollution emissions notice (A.P.E.N.), and apply for a permit from the
Colorado Department of Public Health and Environment. (Dept. of Public Health and
Environment)
F. During the development of the site, all land disturbance shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions, at
the request of the Weld County Department of Public Health and Environment, a
Fugitive Dust Control Plan must be submitted. (Dept. of Public Health and Environment)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission, any
development that disturbs more than five acres of land must incorporate all available
and practical methods which are technologically feasible and economically reasonable
in order to minimize dust emissions. (Dept. of Public Health and Environment)
H. 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. (Dept. of Planning
Services)
Weld County's Right to Farm as delineated in Appendix 22-E of the Weld County Code
shall be placed on any recorded plat. (Dept. of Public Health and Environment, Dept. of
Planning Services)
J. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Dept. of Planning Services)
K. 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. (Dept. of Planning Services and Building Inspection)
L. No development activity shall commence on the property, nor shall any building permits
be issued on the property until the final plan as been approved and recorded. (Dept. of
Planning Services)
M. Proper building permits shall be obtained prior to any construction, remodeling,
demolition or excavation. (Dept. of Building Inspection)
N. All foundations, structures and building systems are required to have engineered
foundations shall be based on a site-specific geo-technical report performed by a
Colorado licensed engineer. Any fill material shall contain no rock or similar irreducible
material with a maximum dimension greater than twelve (12) inches. All fills shall be
compacted to a minimum of ninety(90) percent of maximum density. Engineering
reports shall be supplied for all fill material. (Dept. of Building Inspection)
O. All structures shall conform to the Section 29-2-20 of the Weld County Code, Article II
(1997 Uniform Building Code), Section 29-2-30 of the Weld County Code, Article II
(1998 International Mechanical Code), Section 29-2-40 of the Weld County Code, Article
II (1999 Electrical Code), 29-2-50 of the Weld County Code, Article II (1997
International Plumbing Code) and Section 29-2-10 of the Weld County Code, Article II,
Chapter 29 (current Weld County Building Ordinance). (Dept. of Building Inspection)
P. All buildings or structures shall maintain distances from the property lines and adjacent
structures as outlined in Section 29-3-160 of the Weld County Code. (Dept. of Building
Inspection)
Resolution Z-563
Latham View Estates
Page 7
Q. Complete drawings shall be submitted for review by the LaSalle Fire Protection District.
(Dept. of Building Inspection)
R. At the time an application is accepted for a building permit, a plan review will be done. A
complete review of the building or structure by the Weld County Building Inspection
Department or the LaSalle Fire Protection District may reveal other building issues or
areas needing attention. (Dept. of Building Inspection)
U. The property owner shall be responsible for complying with the Performance Standards
of Chapter 27, Article II and Article VIII, of the Weld County Code. (Dept. of Planning
Services)
V. Personnel from the Weld County Departments of Public Health and Environment, Public
Works and Planning Services' 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.
W. 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. (Dept. of Planning Services)
X. The PUD Final Plan shall comply with all regulations and requirements of Section 27 of
the Weld County Code. (Dept. 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. (Dept. of Planning Services)
Z. The internal gravel road shall be maintained by the Home Owners Association. The
Weld County Department of Public Works will not maintain an unpaved internal road in
Latham View Estates PUD. (Dept. of Public Works)
3. 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. (Dept. of
Planning Services)
4. At the time of Final Plan submission:
A. The applicant shall submit final road layout and alignment plans with associated
documents to the Department of Public Works for their review and approval. (Dept. of
Public Works)
B. The applicant shall submit an on-site (Private) Improvements Agreement that addresses
all improvements associated with this development, per compliance with Section 24-9-10
of the Weld County Code. (Dept. of Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services that
approval was received from the Department of Public Works of an Improvements
Resolution Z-563
Latham View Estates
Page 8
Agreement Regarding Collateral for the Transportation portion of the PUD. (Departments
of Public Works, Planning Services)
D. The applicant shall submit a drainage report, signed by a Colorado licensed engineer, to
the Department of Public Works for approval. The applicant shall supply the Department
of Planning Services with written approval from the Department of Public Works. (Dept.
of Public Works, Planning Services)
E. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100 (PUD)
of the Weld County Code. (Dept. of Planning Services)
F. The applicant shall contact the Platte Valley School District, RE-1, to finalize a bus pick-
up and drop-off location. (Dept. of Planning Services)
G. The applicant shall submit a time frame for construction in accordance to Section 27-2-
200 of the Weld County Code. (Dept. of Planning Services)
H. The applicant shall submit a "draft" of the Homeowner's Association covenants and
regulations for review by the Weld County Attorney's office. (Dept. of Planning Services)
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)
Prior to the release of any building permits:
A. The applicant shall supply designated street and stop signs, as required by Weld County
Public Works, at the appropriate locations. (Weld County Public Works)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Cristie Nickles
Cathy Clamp
Stephan Mokray
John Folsom
Lous Llerena
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 October 16, 2001.
Dated the 16th of October , 2001.
� 1c LLB
Voneen Macklin
Secretary
CASE: County Code -2001-OX
APPLICANT: Town of Ault/Weld County
PLANNER: Robert Anderson
REQUEST: Intergovernmental Agreement
LOCATION: Section 11, 12, 13, 14,T7N, R66W of the 6`" P.M., Weld County Colorado
Robert Anderson, Department of Planning Services presented Case County Code - 2001-OX, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application.
John Folsom asked what the zoning would be and does the agreement follow the same as the prior one.
Mr Anderson said that the town of Ault had made no recommendation as to the zone and it does follow the
same lines as the prior agreement.
Cristie Nicklas asked if the surrounding property owners were notified and were there any public meetings.
Mr. Anderson stated that there was not any indication of notifying property owners.
Luis Llerena asked if there would be an impact to the area residences with this change. Mr.Anderson stated
that the impact would be minimal and would take affect after the Three Reading Ordinance Process. Mr.
Llerena asked who was responsible for notifying the property owners. Mr. Morrison stated that the typical
notification was when changing the zoning map.
Mr.Morrison provided clarification with regards to the notification process and what was required. He stated
that it does not affect legal property rights affected but there will be some effect of interest. Mr. Morrison
clarified who has the ability and legal right to require public input.
Michael Miller stated that the Planning Commission had issues with the non-notification of the affected
property owners. Mr. Miller stated he does not feel that they can rule on the without a representative from
the Town of Ault.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Michael Miller would leaned toward continuing until hear fro the Town of Ault. Mr. Miller asked about the
legality of forcing them to notify the affected land owners noting that there was no way of conditioning the
approval. Mr.Morrison stated that it would be better recommending to the Board of County Commissioners
without adding language to the agreement.
Cristie Nicklas moved that Case County Code 2001-OX be continued indefinitely. Justification for this
continuance is to gain further information from the Town of Ault. Stephan Mokray seconded the motion.
Motion passed.
CASE NUMBER: Z-563
PLANNER: Kim Ogle
APPLICANT: David Keiser and Michael Sigg, c/o Todd Hodges Design, LLC
ADDRESS: 2412 Denby Court
Fort Collins, CO 80526 g. EXHIBIT
CDZ-45a3
REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for
four(4) residential lots and 7.5 acres of Common Open Space
LEGAL DESCRIPTION: Lot B of RE-2527; being part of the W2 of the SW4 of Section 10,
T4N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to WCR 46.5;east of and adjacent to WCR
43.
Kim Ogle, Department of Planning Services, presented Case Z-563, 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.
Todd Hodges,provided brief clarification of the project and its overall review and design. This land was part
of a dry up covenant therefore cannot be turned back into agricultural land requiring water. The site consists
of lots that vary in sizes from 6.2 acres to 14.2 acres. This is a request to zone four lots, PUD with Estate
uses. The proposed access gravel and there is an agreement with Patina,who would like to see the road
stay gravel. Staff's recommendation is for pavement consisting of 2-twelve foot travel lanes with 2-four foot
gravel shoulders. This is a non urban scale development and there will be no prime farm ground removed.
The existing access point will serve the requirements of the subdivision and Patina.
Michael Miller asked if there were any wells or tanks present. Mr. Hodges stated that they are getting the
tanks in place and have worked with Patina to come to an agreement with the tanks on the larger lots and
the well within the open space.
Cathy Clamp stated her concerns. Where was the water going to come from for the rest of the lot. The
domestic needs will be taken care of but where will the additional water be coming from. Mr. Hodges stated
that with the dry up covenant on the property, there could be no irrigation water put on the property. Mrs.
Clamp asked if this issue was going to be addressed in the covenants. Mr. Hodges stated that covenants
would include all this information.
Dave Keiser, provided some clarification with the water capabilities to in the area. They(Keiser and Sigg)
have worked with the State to come up with a seed mixture that will suit the area the best and combat the
wind and water erosion associated with the property. Central Weld County Water District has provided the
taps for the land and the property new owner can water as much of the property as is needed, however,
the cost will be exorbitant. Mrs. Clamp asked if the covenants would include a statement that gives the
surrounding property owners the ability to have hunting on their ground.
Michael Miller asked about school bus turnout. Mr. Hodges stated that there will be a bus stop location in
the green space and there is a condition in the final plat that an area must be set aside for the School District
to ensure the safety and adequacy of the school bus stop.
Christie Nicklas asked Drew Scheltinga about the paving. Mr. Scheltinga responded Mr. Hodges provided
several reasons to maintain the road in gravel along with the evidence that with a minor subdivision does
not require the road to be paved. Don Carroll indicated that this would be clarified in the Public
Improvements Agreement and the covenants will also cover this. A note on the plat could be done. Public
Works would not object to the road not being paved because of the comments from other agencies noting
that the concerns have been mentioned and noted.
Luis Llerena would like to see improvements to the bus stop including providing a safe area for the kids to
be in. Mr. Hodges indicated that they will work with the school district to make better accommodations for
the school bus pick up area. This agreement will be in place at the final plat application process.
Mrs. Clamp stated that the radius within the development was to increase so the fire department had the
ability to turn around. If the fire trucks can turn around,then a school bus would be able to also. Mr.Hodges
stated that he had dealt with the several school districts before and they prefer to literally stop traffic and
not have to do a pull out because of time constraints.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
•
Lowell Roberts spoke in favor of the project. The impacts will be minimal and have a good impact on the
neighborhood. The road has 3/4 of a mile visual clearance in either direction causing no obstruction.
Bill Cole, spoke about the runoff and is happy to hear that there will be no water on the development. There
will need to be accommodations made to protect animals from surrounding land owners. There is a no
hunting sign posted on Mr. Cole's property.
Mr. Cole further elaborated about the realignment of a ditch that carries overland flow of waters from the
Keiser/Sigg property across WCR 46.5 onto his property. Many years ago the
eMoserrffather and sons placed
a corrugated pipe under the road in the Northeast corner of the Keiser Sig property to facilitate this issue.
Presently the pipe is overgrown and not capable of carrying water.
Chair closed the public portion of the meeting.
Ms. Nicklas asked if Mr. Cole's concerns had been addressed. Mr. Hodges stated that the proposed
detention was in the northwest corner alleviating the overflow.
Pam Smith, Department of Public Health and Environment,asked the Board to consider the deletion of item
2.H. The reason is a duplication.
John Folsom asked the Board to consider having the road be paved up to the future right of way at least,
then gravel from there. Mr. Folsom stated that in order to approve the fence in a location near the future
right-of-way line, a permit with the Public Works would be required.
Mr. Scheltinga stated that different school districts will have different policies with regards to the detail for
the pull out or drop off for the school busses. Mr. Scheltinga stated that the Department of Public Works
along with the applicant will to extensive work with the school district to ensure the safety and viability of the
drop off.
Cristie Nicklas moved to delete 2.H. Stephan Mokray seconded. Motion Passed.
Luis Llerena moved to add language to 2.E stating "The Weld County Public Works Department has
reviewed the proposal and has determined that the internal road to the PUD shall be paved to the right-of-
way of Weld County Road 43 and constructed in gravel for the internal road for Latham View Estates PUD
per Weld County Standards. Further, Weld County Road 43 is designated as a collector status road that
requires eighty(80)feet of right-of-way. Presently there is sixty(60)feet of right-of-way. A total of forty(40)
feet from the centerline of Weld County Road 43 shall be delineated on the plat as right-of-way reservation
for future expansion of Weld County Road 43."
Mr. Llerena suggested language for the internal road of Latham View Estates with regards to pavement.
Mr. Miller asked Mr. Ogle to provide language. Mr. Ogle proposed "The internal gravel road shall be
maintained by the Home Owners Association. The Weld County Department of Public Works will not
maintain an unpaved internal road in Latham View Estates PUD" Mr Llerena agreed with the proposed
language by staff, Mrs. Clamp seconded the proposed language.
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;CathyClamp,yes;Cristie Nicklas, yes;Luis Llerena,
yes. Motion carried unanimously
Cristie Nicklas moved that Case Z-563, with the amendments, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Stephan 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;Cristie Nicklas,yes;Luis Llerena,
yes. Motion carried unanimously.
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