HomeMy WebLinkAbout20012724 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray, with the deletion of Conditions of Approval 3A 5-7, addition of language in
4T and 5C. 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: Z-543
APPLICANT: Daryl) and Carol Propp, Propp Realty, Inc. (Long's Peak
Estates)
ADDRESS: 1200 West Colfax Avenue, Suite B-130, Lakewood, CO
80215
REQUEST: Change of Zone from Agricultural to PUD for seven (7) lots
with Estate uses, with common open space. Lot sizes
from 2.87 to 4.28 acres.
LEGAL DESCRIPTION: Part of the NW4 and part of the NE4 of Section 9,
Township 1 North, Range 68 West of the 6th P.M., Weld
County, Colorado
LOCATION: South of and adjacent to WCR 12, between WCR's 5 and
7
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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 Chapter 22 (Comprehensive Plan),
Chapter 23 (Zoning), Chapter 24 (Subdivision), Chapter 27 (Planned Unit
Development) of this Code. Section 22-2-60.A.1. (A.Goal 1) states "Preserve
prime farmland for agricultural purposes which fosters economic health and
continuance of agriculture." The parcel is situated on farmground labeled as
"prime" on the U.S.D.A. Soils Map. Farmground such as the land under
consideration, that is considered prime is recognized by Chapter 22 as Weld
County's most valuable resource. Section 22-2-60.G.2. (A.Policy 7) states
"Weld County recognizes the right to farm". In order to validate this recognition
Weld County's Right to Farm has been established which shall be incorporated
on all pertinent land use plats." The Department of Planning Services will require
Weld County's Right to Farm to appear on the recorded plat.
B. Section 27-6-120.B.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 Section 2 of this Ordinance. Department of Planning Services' staff has
determined that the submitted application does comply with the 20 standards
described in Article II, Chapter 27.
1) Section 27-2-20 describes access standards. Originally, the applicant
indicated an internal through road from WCR 12 to Peak View roadway,
in Scott's Acres Subdivision. Since the original application submitted on
March 10, 2000, two alternative access designs have been submitted. To
EXHIBIT
2001-2724
Co, 4-5g3
RESOLUTION, Z-543
Longs Peak Estates
Page 2
address some of the concerns with adjacent property owners, the
applicant's changed the through road to one access road from WCR 12,
with a sixty-five (65)foot cul-de-sac. On August 23, 2000, the applicant
submitted new information delineating two separate roads. The two lots
on the east side of the property would be served by a road from WCR 12
and the remaining five lots would access onto a separate road, directly
from Peak View. The Department of Public Works has approved this
configuration. The traffic impact analysis was submitted to the
Department of Public Works and has been approved in accordance with
Section 27-6-50.6.6.
2) Section 27-2-30 addresses circulation standards within the Planned Unit
Development. Pedestrian and vehicular circulation shall relate to the
circulation system external to a PUD Zone District.
3) Section 27-2-60 addresses Common Open Space standards. The
applicant has provided the 15% common open space requirements. The
applicant has submitted a conceptual development guide and has not
provided any detailed information regarding amenities within the open
space areas. The Final Plan application shall include detailed information
regarding all open space areas.
4) Section 27-2-70 addresses compatibility, including density, design and
location of land uses within and adjoining a PUD. The applicant has met
with the adjacent land owners to address incompatibilities. There are
many agricultural uses surrounding this proposal, including a goat dairy
on the adjacent property to the west. The applicant has gone to great
lengths to incorporate comments from surrounding land owners to ensure
compatibility with Agricultural uses. Should this application be approved,
all plats shall incorporate Weld County's Right to Farm.
5) Section 27-2-80 addresses design standards and improvements
agreements. Section 24-7-10 states "Land subject to hazardous
conditions such as landslides, mud flows, rockfalls, snowdrifts, possible
mine subsidence, shallow water table, open quarries, floods, and polluted
or nonpotable water supply shall be identified and shall not be subdivided
until the hazards have been eliminated or will be eliminated by the
subdivision and construction plans." Section 23-5-100 states, "within the
County there are areas subject to unstable geologic conditions which
may cause serious damage to properties and may endanger the safety of
residents in such areas. The imprudent use and occupation of these
areas will pose a continuing danger to life and property, unless
appropriate land use measures are implemented." The Department of
Planning Services, Colorado Geological Survey and Weld County
Department of Public Health and Environment requested detailed
information from the applicant addressing the severe geological hazards,
depth to ground water and percolation rates in the area. This information
RESOLUTION, Z-543
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Page 3
has been provided by several Engineers and Geologists, with expertise in
the field of Geological hazards. The information was forwarded to the
Colorado Geological Survey, as well as the Department of Public Health
and Environment. Conditions of approval and Development Standards
are attached to this recommendation, however, the Department of
Planning Services' staff does have concerns regarding the severe
limitations of building sites on this property.
C. Section 27-6-120.B.6.c. 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 Plan of affected municipalities. Referrals were
sent to the municipalities of Dacono, Erie, Frederick and Firestone and Boulder
County. The Town of Erie responded by telephone and indicated that they had
concerns regarding the trail, ditch easements and rights-of-way and other site
design elements. A Condition of Approval addresses the concerns of the Town
of Erie.
D. Section 27-6-120.B.6.d. 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 and
water for fire protection shall be provided by Left Hand Water District. Additional
requirements from the Division of Water Resources may be included with the
Final Plan application of this proposal. Each lot for the proposed PUD shall have
an Individual Sewage Disposal System (ISDS) installed per the Weld County
Department of Public Health and the Environment requirements and
specifications. Conditions of Approval and Notes on the plat ensure that water
and sewer issues have been adequately addressed.
E. Section 27-6-120.B.6.e. The 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. Weld
County Road 12 is designated as a local gravel road in the Weld County
Comprehensive Transportation Plan. The road has the required sixty feet of
right-of-way.
F. Section 27-6-120.B.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. In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities in
conformance with the Transportation Section of the Comprehensive Plan,
Subdivision Ordinance, and the MUD Ordinance, if applicable. This shall be
shown by submitting, with the PUD district application, a separate proposal for
on-site and off-site improvement agreements. This proposal shall describe, in
detail, the type of improvements in compliance with Chapter 24, Article IX, to
determine if the requirements for street or highway facilities providing access to
RESOLUTION, Z-543
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Page 4
the property have been satisfied. The method of guarantee shall conform with
Weld County's policy regarding Collateral for Improvements. Improvements to
the two internal roads will be required, and shall be ensured through the
Improvements Agreement at the Final plan stage of this proposal.
G. Section 27-6-120.B.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 proposed rezoning does not appear to contain the use of any area
known to contain a commercial mineral deposit in a manner which would
interfere with the present or future extraction of such deposit by an extraction to
any greater extent than under the present zoning of the property. The referral
from the Colorado Geological Survey and the Weld County Department of Public
Health and Environment indicates that there are several concerns pertaining to
soil conditions and a high water table. The applicant will be required to meet all
of the conditions required by the two agencies, through their review.
The Weld County Building Inspection Department will require engineered
foundations for each residential structure and possibly accessory structures, as
well. A soils report will need to be included with blueprints when building permits
are applied for with the Weld County Building Inspection Department. A
Geological Hazard Permit will be required for all new structures, prior to building
permits. These issues are addressed through Conditions of Approval.
H. Section 27-6-120.B.6.h. Consistency exists between the proposed zone district,
uses and the Specific or Conceptual Development Guide. The submitted
Conceptual Development Guide does accurately reflect the performance
standards and allowed uses described in the proposed zone district. The Final
Plan application will be heard by the Board of County Commissioners and will not
go through an Administrative process.
This recommendation for approval 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 A (Agricultural) to PUD for 7 lots with Estate type uses is conditional
upon the following:
1. 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.
2. A minimum of ten days prior to the Board of County Commissioners Hearing:
A. The applicant shall submit, to the Weld County Department of Planning Services,
either a copy of an agreement with the property's 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
RESOLUTION, Z-543
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the concerns of the mineral owners. (Department of Planning Services)
B. The applicant shall submit, to the Weld County Department of Planning Services,
either a copy of an agreement with the ditch company, stipulating that ingress
and egress for the ditch company's maintainence of the ditch, 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 ditch company.
(Department of Planning Services)
3. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 27-9-20 and
shall be amended to include the following:
1) Weld County's current Right to Farm statement from Chapter 22 of the
Weld County Code. (Department of Planning Services)
2) Primary and secondary septic system envelopes shall be designated on
each lot. Each envelope must meet minimum current setbacks as
specified in the Weld County Individual Sewage Disposal System
Regulations. (Department of Public Health and Environment)
3) A typical cross section of the internal roads shall be shown on the
Change of Zone plat. The cul-de-sac radius shall be increased to sixty-
five (65) feet. (Department of Public Works)
4) The name of the street, which shall not conflict with any other street
within the particular U.S. Postal area. (Department of Planning Services)
B. A Landscape Plan and maintenance schedule shall be approved by the
Department of Planning Services. The Landscape Plan shall adhere to the
requirements of 27-6-60 of the Weld County Code. (Department of Planning
Services)
C. The applicant shall provide a signed copy of the agreement which assures
compliance with the St. Vrain Valley School District requirements. (Department
of Planning Services)
D. The applicant shall provide written evidence, to the Department of Planning
Services, that the concerns of the Mountain View Fire Protection District have
been adequately addressed. (Mountain View Fire Protection District,
Department of Planning Services)
E. The applicant shall attempt to address the concerns of the Town of Erie and
provide written evidence, to the Department of Planning Services. (Town of
Erie, Department of Planning Services)
RESOLUTION, Z-543
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F. The applicant shall provide a copy of a draft Improvements Agreement which
addresses all access concerns, as addressed by the Public Works Department.
The Agreement shall also address open space, landscaping, and any other
amenities contained within the development. (Department of Planning Services)
G. The applicant shall mitigate the impacts to Peak View, within Scott Acres
Subdivision, to the satisfaction of the Department of Public Works. Written
evidence shall be submitted to the Department of Planning Services.
(Department of Public Works)
H. The applicant shall provide written evidence to the Department of Planning
Services, that all of the concerns of the Colorado Geological Survey, as stated in
the letter dated August 13, 2001, have been addressed. (Department of Planning
Services)
The Division of Water Resources has required the transfer of twenty (20) units of
Colorado Big Thompson Project raw water. It appears that this condition has
been met through the agreement with Left Hand Water District. Written
documentation from Colorado Division of Water Resources is required to confirm
this agreement and all other concerns of the Division of Water Resources.
(Division of Water Resources, Department of Planning Services)
J. 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)
4. 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 PUD shall consist of seven (7) residential lots, with open space, including a
common open space area and trail. The Change of Zone allows for Estate Zone
District bulk requirements and uses on the residential lots, as indicated in the
application materials on file in the Department of Planning Services and subject
and governed by the Conditions of Approval stated hereon and all applicable
Weld County Regulations. (Department of Planning Services)
B. The name of all streets, which shall not conflict with any other streets within the
particular U.S. Postal area. Evidence of Postal Service approval shall be
submitted to the Department of Planning Services. (Department of Planning
Services)
C. Internal local streets require sixty feet of right-of-way. All internal roadways in a
Planned Unit Development are required to be paved. The minimum paved
roadway width is thirty-two feet wide (two twelve foot lanes and two four foot
RESOLUTION, Z-543
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Page 7
gravel shoulders). The minimum centerline radius is one hundred feet. Cul-de-
sacs have a fifty-five foot edge of traveled way radius within a sixty-five foot
right-of-way radius. (Department of Public Works)
D. 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. 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)
E. Water service shall be provided by the Left Hand Water District. (Department of
Public Health and Environment)
F. 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)
G. 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, 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.
(Department of Public Health and Environment)
H. During 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. (Department of
Public Health and Environment)
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)
J. If land development creates more than a twenty-five acre contiguous
disturbance, or exceeds 6 months induration, 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)
RESOLUTION, Z-543
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K. The plat shall be amended to indicate any additional easement agreed to
between the applicant and the ditch company. (Department of Planning
Services)
L. Article II, Section 20-2-10, effective December 1, 1999, Building Permits issued
on the proposed subdivision lots shall be required to adhere to the fee structure
of the Southwest Weld Service Area Road Impact Program. (Ordinance 211)
(Department of Planning Services)
M. All development shall adhere to the requirements of the Mountain View Fire
Protection District. (Mountain View Fire Protection District)
N. Any signage located on the property shall require building permits and adhere to
Section 27-6-90 of the Weld County Code.
O. Prior to the release of any building permits, foundations shall be engineered at
each separate building site. (Weld County Building Inspection)
P. The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department, Weld County Health Department and the
Weld County Department of Planning Services. (Department of Planning
Services)
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code. (Department of Planning Services)
R. Prior to any work at this site, which may involve the excavation in or the
discharges of dredged or fill material into waters of the United States which may
include streams, open water lakes, ponds or wetlands, the property should be
examined for these areas pursuant to Section 404 of the Clean Water Act. Any
wetlands shall be delineated and mapped. (Army Corps of Engineers)
S. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within two (2) years of the date of the approval of the
PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the
willingness and ability to continue with the submission of the PUD Final Plan.
The Board may extend the date for the submission of the PUD Final Plan
application and shall annually require the applicant to demonstrate that the PUD
has not been abandoned. If the Board determines that conditions or statements
made supporting the original approval of the PUD Zone District have changed or
that the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District.
(Department of Planning Services)
RESOLUTION, Z-543
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Page 9
T. For more information regarding the Geological Hazards on this property owners
or other interested parties should refer to Case Z-543 located at the Clerk to the
Board office.
5. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code and
shall specifically address the following as well:
A. The Final Plan application shall include a complete Improvements Agreement in
accordance with Section 24-9-10 of the Weld County Code. The agreement
shall include the internal road, any trails, landscaping and any other appropriate
construction elements. The applicant shall indicate if the road maintenance will
be the responsibility of the Home Owner's Association or if the applicant will
request that the road be placed on the County road system. (Department of
Planning Services)
B. The Final Plan application shall specify the Homeowner's Association method of
trail, open space and/or landscape maintenance. (Department of Planning
Services)
C. The draft covenants and Homeowner's Association shall address open space
maintenance and landscaping in accordance with the approved landscape plan.
For more information regarding the Geological Hazards on this property owners
or other interested parties should refer to Case Z-543 located at the Clerk to the
Board office. (Department of Planning Services)
D. 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)
E. The Final Plan application shall include evidence that the conditions of the Left
Hand Water District have been addressed and that taps are available.
F. A fifteen (15) foot perimeter and ten (10) foot lot line easement is required for
utilities on each lot. This shall be shown on the final plat map. (Department of
Planning Services)
G. The applicant shall submit to the Department of Planning Services a detailed
drainage study that meets the requirements of Sections 24-7-130 of the Weld
County Code. (Department of Public Works)
H. The applicant shall submit final roadway plans to the Department of Public
Works, in accordance with their requirements. Evidence of approval of the
roadway plans shall be submitted to the Department of Planning Services.
(Department of Public Works)
RESOLUTION, Z-543
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Page 10
I. 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). (Department of Planning
Services)
J. The Final Plan application shall be reviewed by the Board of County
Commissioners for final approval.
6. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and stop signs, as required by
Weld County Public Works, at the appropriate location adjacent to Weld County
Road 12. (Weld County Public Works)
B. Dwellings on each lot are required to have engineered foundations and an open
hole inspection conducted by a Geotechnical Engineer. Outbuilding, including
foundations, shall be built to the Weld County Building Code. Commercial
buildings shall be designed by an architect or engineer licensed by the State of
Colorado. Engineered foundations and an open hole inspection, conducted by a
Geotechnical engineer will be required for all commercial structures.
C. Evidence shall be given to the Department of Planning Services that all of the
requirements of the Mountain View Fire Protection District have been met.
D. A Geological Hazard Permit will be required for any construction on each of the
individual lots.
E. Effective December 1, 1999, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the Southwest Weld Road Impact
Program Area 2. (Chapter 20, Article II of the Weld County Code)
Motion seconded by Cathy Clamp.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Fred Walker
Stephan Mokray
John Folsom
Lous Llerena
RESOLUTION, Z-543
Longs Peak Estates
Page 11
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 September 4, 2001.
Dated the 4th of September, 2001.
Voneen Macklin
Secretary
REQUEST: A Site Specific Development Plan and Special Use Permit for an
expansion to an existing Recreational Facility (Race Track), in the
Agricultural Zone District.
LOCATION: West of and adjacent to 1-25 Frontage Road;north of and adjacent to WCR
34
Wendi Inloes, Department of Planning Services, read a memorandum into the record requesting the
continuance to December 18, 2001.
Cristie Nicklas motioned for approval of the continuance. Stephan Mokray seconded. Motion passed
unanimously.
CASE NUMBER: 3RD AMUSR-778
APPLICANT: Public Service Company of Colorado (Yosemite Site)
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Part of SW4 of Section 27, T1 N, R67W of the 6th P.M., Weld County,
Colorado
REQUEST: A Site Specific Development Plan and Use by Special Review for a Major
Facility of a Public Utility (Natural Gas Control Facility) in the A
(Agricultural) Zone District
LOCATION: North of and adjacent to WCR 4 and east of and adjacent to WCR 19
Robert Anderson, Department of Planning Services, read a memorandum into the record requesting the
continuance to November 20, 2001
Cristie Nicklas motioned for approval of the continuance. Stephan Mokray seconded. Motion passed
unanimously.
.--- CASE NUMBER: Z-543
PLANNER: Julie A. Chester
APPLICANT: Daryll and Carol Propp, Propp Realty, Inc. (Long's Peak Estates)
ADDRESS: 1200 West Colfax Avenue, Suite B-130, Lakewood, CO 80215
REQUEST: Change of Zone from Agricultural to PUD for seven (7) lots with Estate
uses,with common open space. Lot sizes from 2.87 to 4.28 acres.
LEGAL DESCRIPTION: Part of the NW4 and part of the NE4 of Section wnship 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to WCR 12, between WCR's 5 and 7
This project was already heard but was advertised incorrectly causing the need to be reheard for public
comment.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak. EXHIBIT
Case remained as recommended N
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray, with the deletion of Conditions of Approval 3A 5-7, addition of language in
4T and 5C. 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: Z-543
APPLICANT: Daryll and Carol Propp, Propp Realty, Inc. (Long's Peak
Estates)
ADDRESS: 1200 West Colfax Avenue, Suite B-130, Lakewood, CO
80215
REQUEST: Change of Zone from Agricultural to PUD for seven (7) lots
with Estate uses, with common open space. Lot sizes
from 2.87 to 4.28 acres.
LEGAL DESCRIPTION: Part of the NW4 and part of the NE4 of Section 9,
Township 1 North, Range 68 West of the 6th P.M., Weld
County, Colorado
LOCATION: South of and adjacent to WCR 12, between WCR's 5 and
7
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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 Chapter 22 (Comprehensive Plan),
Chapter 23 (Zoning), Chapter 24 (Subdivision), Chapter 27 (Planned Unit
Development) of this Code. Section 22-2-60.A.1. (A.Goal 1) states "Preserve
prime farmland for agricultural purposes which fosters economic health and
continuance of agriculture." The parcel is situated on farmground labeled as
"prime" on the U.S.D.A. Soils Map. Farmground such as the land under
consideration, that is considered prime is recognized by Chapter 22 as Weld
County's most valuable resource. Section 22-2-60.G.2. (A.Policy 7) states
"Weld County recognizes the right to farm". In order to validate this recognition
Weld County's Right to Farm has been established which shall be incorporated
on all pertinent land use plats." The Department of Planning Services will require
Weld County's Right to Farm to appear on the recorded plat.
B. Section 27-6-120.B.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 Section 2 of this Ordinance. Department of Planning Services' staff has
determined that the submitted application does comply with the 20 standards
described in Article II, Chapter 27.
1) Section 27-2-20 describes access standards. Originally, the applicant
indicated an internal through road from WCR 12 to Peak View roadway,
in Scott's Acres Subdivision. Since the original application submitted on
March 10, 2000, two alternative access designs have been submitted. To
EXHIBIT
2001-2724 `
Coe-45413
RESOLUTION, Z-543
Longs Peak Estates
Page 2
address some of the concerns with adjacent property owners, the
applicant's changed the through road to one access road from WCR 12,
with a sixty-five (65) foot cul-de-sac. On August 23, 2000, the applicant
submitted new information delineating two separate roads. The two lots
on the east side of the property would be served by a road from WCR 12
and the remaining five lots would access onto a separate road, directly
from Peak View. The Department of Public Works has approved this
configuration. The traffic impact analysis was submitted to the
Department of Public Works and has been approved in accordance with
Section 27-6-50.8.6.
2) Section 27-2-30 addresses circulation standards within the Planned Unit
Development. Pedestrian and vehicular circulation shall relate to the
circulation system external to a PUD Zone District.
3) Section 27-2-60 addresses Common Open Space standards. The
applicant has provided the 15% common open space requirements. The
applicant has submitted a conceptual development guide and has not
provided any detailed information regarding amenities within the open
space areas. The Final Plan application shall include detailed information
regarding all open space areas.
4) Section 27-2-70 addresses compatibility, including density, design and
location of land uses within and adjoining a PUD. The applicant has met
with the adjacent land owners to address incompatibilities. There are
many agricultural uses surrounding this proposal, including a goat dairy
on the adjacent property to the west. The applicant has gone to great
lengths to incorporate comments from surrounding land owners to ensure
compatibility with Agricultural uses. Should this application be approved,
all plats shall incorporate Weld County's Right to Farm.
5) Section 27-2-80 addresses design standards and improvements
agreements. Section 24-7-10 states "Land subject to hazardous
conditions such as landslides, mud flows, rockfalls, snowdrifts, possible
mine subsidence, shallow water table, open quarries, floods, and polluted
or nonpotable water supply shall be identified and shall not be subdivided
until the hazards have been eliminated or will be eliminated by the
subdivision and construction plans." Section 23-5-100 states, "within the
County there are areas subject to unstable geologic conditions which
may cause serious damage to properties and may endanger the safety of
residents in such areas. The imprudent use and occupation of these
areas will pose a continuing danger to life and property, unless
appropriate land use measures are implemented." The Department of
Planning Services, Colorado Geological Survey and Weld County
Department of Public Health and Environment requested detailed
information from the applicant addressing the severe geological hazards,
depth to ground water and percolation rates in the area. This information
RESOLUTION, Z-543
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has been provided by several Engineers and Geologists, with expertise in
the field of Geological hazards. The information was forwarded to the
Colorado Geological Survey, as well as the Department of Public Health
and Environment. Conditions of approval and Development Standards
are attached to this recommendation, however, the Department of
Planning Services' staff does have concerns regarding the severe
limitations of building sites on this property.
C. Section 27-6-120.B.6.c. 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 Plan of affected municipalities. Referrals were
sent to the municipalities of Dacono, Erie, Frederick and Firestone and Boulder
County. The Town of Erie responded by telephone and indicated that they had
concerns regarding the trail, ditch easements and rights-of-way and other site
design elements. A Condition of Approval addresses the concerns of the Town
of Erie.
D. Section 27-6-120.B.6.d. 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 and
water for fire protection shall be provided by Left Hand Water District. Additional
requirements from the Division of Water Resources may be included with the
Final Plan application of this proposal. Each lot for the proposed PUD shall have
an Individual Sewage Disposal System (ISDS) installed per the Weld County
Department of Public Health and the Environment requirements and
specifications. Conditions of Approval and Notes on the plat ensure that water
and sewer issues have been adequately addressed.
E. Section 27-6-120.B.6.e. The 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. Weld
County Road 12 is designated as a local gravel road in the Weld County
Comprehensive Transportation Plan. The road has the required sixty feet of
right-of-way.
F. Section 27-6-120.B.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. In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities in
conformance with the Transportation Section of the Comprehensive Plan,
Subdivision Ordinance, and the MUD Ordinance, if applicable. This shall be
shown by submitting, with the PUD district application, a separate proposal for
on-site and off-site improvement agreements. This proposal shall describe, in
detail, the type of improvements in compliance with Chapter 24, Article IX, to
determine if the requirements for street or highway facilities providing access to
RESOLUTION, Z-543
Longs Peak Estates
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the property have been satisfied. The method of guarantee shall conform with
Weld County's policy regarding Collateral for Improvements. Improvements to
the two internal roads will be required, and shall be ensured through the
Improvements Agreement at the Final plan stage of this proposal.
G. Section 27-6-120.B.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 proposed rezoning does not appear to contain the use of any area
known to contain a commercial mineral deposit in a manner which would
interfere with the present or future extraction of such deposit by an extraction to
any greater extent than under the present zoning of the property. The referral
from the Colorado Geological Survey and the Weld County Department of Public
Health and Environment indicates that there are several concerns pertaining to
soil conditions and a high water table. The applicant will be required to meet all
of the conditions required by the two agencies, through their review.
The Weld County Building Inspection Department will require engineered
foundations for each residential structure and possibly accessory structures, as
well. A soils report will need to be included with blueprints when building permits
are applied for with the Weld County Building Inspection Department. A
Geological Hazard Permit will be required for all new structures, prior to building
permits. These issues are addressed through Conditions of Approval.
H. Section 27-6-120.B.6.h. Consistency exists between the proposed zone district,
uses and the Specific or Conceptual Development Guide. The submitted
Conceptual Development Guide does accurately reflect the performance
standards and allowed uses described in the proposed zone district. The Final
Plan application will be heard by the Board of County Commissioners and will not
go through an Administrative process.
This recommendation for approval 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 A (Agricultural) to PUD for 7 lots with Estate type uses is conditional
upon the following:
1. 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.
2. A minimum of ten days prior to the Board of County Commissioners Hearing:
A. The applicant shall submit, to the Weld County Department of Planning Services,
either a copy of an agreement with the property's 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
RESOLUTION, Z-543
Longs Peak Estates
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the concerns of the mineral owners. (Department of Planning Services)
B. The applicant shall submit, to the Weld County Department of Planning Services,
either a copy of an agreement with the ditch company, stipulating that ingress
and egress for the ditch company's maintainence of the ditch, 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 ditch company.
(Department of Planning Services)
3. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 27-9-20 and
shall be amended to include the following:
1) Weld County's current Right to Farm statement from Chapter 22 of the
Weld County Code. (Department of Planning Services)
2) Primary and secondary septic system envelopes shall be designated on
each lot. Each envelope must meet minimum current setbacks as
specified in the Weld County Individual Sewage Disposal System
Regulations. (Department of Public Health and Environment)
3) A typical cross section of the internal roads shall be shown on the
Change of Zone plat. The cul-de-sac radius shall be increased to sixty-
five (65) feet. (Department of Public Works)
4) The name of the street, which shall not conflict with any other street
within the particular U.S. Postal area. (Department of Planning Services)
B. A Landscape Plan and maintenance schedule shall be approved by the
Department of Planning Services. The Landscape Plan shall adhere to the
requirements of 27-6-60 of the Weld County Code. (Department of Planning
Services)
C. The applicant shall provide a signed copy of the agreement which assures
compliance with the St. Vrain Valley School District requirements. (Department
of Planning Services)
D. The applicant shall provide written evidence, to the Department of Planning
Services, that the concerns of the Mountain View Fire Protection District have
been adequately addressed. (Mountain View Fire Protection District,
Department of Planning Services)
E. The applicant shall attempt to address the concerns of the Town of Erie and
provide written evidence, to the Department of Planning Services. (Town of
Erie, Department of Planning Services)
RESOLUTION, Z-543
Longs Peak Estates
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F. The applicant shall provide a copy of a draft Improvements Agreement which
addresses all access concerns, as addressed by the Public Works Department.
The Agreement shall also address open space, landscaping, and any other
amenities contained within the development. (Department of Planning Services)
G. The applicant shall mitigate the impacts to Peak View, within Scott Acres
Subdivision, to the satisfaction of the Department of Public Works. Written
evidence shall be submitted to the Department of Planning Services.
(Department of Public Works)
H. The applicant shall provide written evidence to the Department of Planning
Services, that all of the concerns of the Colorado Geological Survey, as stated in
the letter dated August 13, 2001, have been addressed. (Department of Planning
Services)
The Division of Water Resources has required the transfer of twenty (20) units of
Colorado Big Thompson Project raw water. It appears that this condition has
been met through the agreement with Left Hand Water District. Written
documentation from Colorado Division of Water Resources is required to confirm
this agreement and all other concerns of the Division of Water Resources.
(Division of Water Resources, Department of Planning Services)
J. 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)
4. 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 PUD shall consist of seven (7) residential lots, with open space, including a
common open space area and trail. The Change of Zone allows for Estate Zone
District bulk requirements and uses on the residential lots, as indicated in the
application materials on file in the Department of Planning Services and subject
and governed by the Conditions of Approval stated hereon and all applicable
Weld County Regulations. (Department of Planning Services)
B. The name of all streets, which shall not conflict with any other streets within the
particular U.S. Postal area. Evidence of Postal Service approval shall be
submitted to the Department of Planning Services. (Department of Planning
Services)
C. Internal local streets require sixty feet of right-of-way. All internal roadways in a
Planned Unit Development are required to be paved. The minimum paved
roadway width is thirty-two feet wide (two twelve foot lanes and two four foot
RESOLUTION, Z-543
Longs Peak Estates
Page 7
gravel shoulders). The minimum centerline radius is one hundred feet. Cul-de-
sacs have a fifty-five foot edge of traveled way radius within a sixty-five foot
right-of-way radius. (Department of Public Works)
D. 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. 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)
E. Water service shall be provided by the Left Hand Water District. (Department of
Public Health and Environment)
F. 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)
G. 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, 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.
(Department of Public Health and Environment)
H. During 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. (Department of
Public Health and Environment)
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)
J. If land development creates more than a twenty-five acre contiguous
disturbance, or exceeds 6 months induration, 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)
RESOLUTION, Z-543
Longs Peak Estates
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K. The plat shall be amended to indicate any additional easement agreed to
between the applicant and the ditch company. (Department of Planning
Services)
L. Article II, Section 20-2-10, effective December 1, 1999, Building Permits issued
on the proposed subdivision lots shall be required to adhere to the fee structure
of the Southwest Weld Service Area Road Impact Program. (Ordinance 211)
(Department of Planning Services)
M. All development shall adhere to the requirements of the Mountain View Fire
Protection District. (Mountain View Fire Protection District)
N. Any signage located on the property shall require building permits and adhere to
Section 27-6-90 of the Weld County Code.
O. Prior to the release of any building permits, foundations shall be engineered at
each separate building site. (Weld County Building Inspection)
P. The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department, Weld County Health Department and the
Weld County Department of Planning Services. (Department of Planning
Services)
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code. (Department of Planning Services)
R. Prior to any work at this site, which may involve the excavation in or the
discharges of dredged or fill material into waters of the United States which may
include streams, open water lakes, ponds or wetlands, the property should be
examined for these areas pursuant to Section 404 of the Clean Water Act. Any
wetlands shall be delineated and mapped. (Army Corps of Engineers)
S. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within two (2) years of the date of the approval of the
PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the
willingness and ability to continue with the submission of the PUD Final Plan.
The Board may extend the date for the submission of the PUD Final Plan
application and shall annually require the applicant to demonstrate that the PUD
has not been abandoned. If the Board determines that conditions or statements
made supporting the original approval of the PUD Zone District have changed or
that the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District.
(Department of Planning Services)
RESOLUTION, Z-543
Longs Peak Estates
Page 9
T. For more information regarding the Geological Hazards on this property owners
or other interested parties should refer to Case Z-543 located at the Clerk to the
Board office.
5. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code and
shall specifically address the following as well:
A. The Final Plan application shall include a complete Improvements Agreement in
accordance with Section 24-9-10 of the Weld County Code. The agreement
shall include the internal road, any trails, landscaping and any other appropriate
construction elements. The applicant shall indicate if the road maintenance will
be the responsibility of the Home Owner's Association or if the applicant will
request that the road be placed on the County road system. (Department of
Planning Services)
B. The Final Plan application shall specify the Homeowner's Association method of
trail, open space and/or landscape maintenance. (Department of Planning
Services)
C. The draft covenants and Homeowner's Association shall address open space
maintenance and landscaping in accordance with the approved landscape plan.
For more information regarding the Geological Hazards on this property owners
or other interested parties should refer to Case Z-543 located at the Clerk to the
Board office. (Department of Planning Services)
D. 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)
E. The Final Plan application shall include evidence that the conditions of the Left
Hand Water District have been addressed and that taps are available.
F. A fifteen (15)foot perimeter and ten (10)foot lot line easement is required for
utilities on each lot. This shall be shown on the final plat map. (Department of
Planning Services)
G. The applicant shall submit to the Department of Planning Services a detailed
drainage study that meets the requirements of Sections 24-7-130 of the Weld
County Code. (Department of Public Works)
H. The applicant shall submit final roadway plans to the Department of Public
Works, in accordance with their requirements. Evidence of approval of the
roadway plans shall be submitted to the Department of Planning Services.
(Department of Public Works)
RESOLUTION,Z-543
Longs Peak Estates
Page 10
I. 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). (Department of Planning
Services)
J. The Final Plan application shall be reviewed by the Board of County
Commissioners for final approval.
6. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and stop signs, as required by
Weld County Public Works, at the appropriate location adjacent to Weld County
Road 12. (Weld County Public Works)
B. Dwellings on each lot are required to have engineered foundations and an open
hole inspection conducted by a Geotechnical Engineer. Outbuilding, including
foundations, shall be built to the Weld County Building Code. Commercial
buildings shall be designed by an architect or engineer licensed by the State of
Colorado. Engineered foundations and an open hole inspection, conducted by a
Geotechnical engineer will be required for all commercial structures.
C. Evidence shall be given to the Department of Planning Services that all of the
requirements of the Mountain View Fire Protection District have been met.
D. A Geological Hazard Permit will be required for any construction on each of the
individual lots.
E. Effective December 1, 1999, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the Southwest Weld Road Impact
Program Area 2. (Chapter 20, Article II of the Weld County Code)
Motion seconded by Cathy Clamp.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Fred Walker
Stephan Mokray
John Folsom
Lous Llerena
RESOLUTION,Z-543
Longs Peak Estates
Page 11
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 September 4, 2001.
Dated the 4th of September, 2001.
Voneen Macklin
Secretary
animal husbandry, or horticultural services on a fee or contract basis, including
Livestock Confinement Operations (the expansion of an existing dairy and animal
confinement operation for a 2,000 head dairy) in the Agricultural Zone District.
LEGAL DESCRIPTION:E2SE4 of Section 22, T6N, R64W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to WCR 57; north of and adjacent to WCR 66.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. Therefor Case USR- 1340 will be forwarded to the Board of County Commissioners
with a recommendation of approval.
CASE NUMBER: 2n° AMUSR-488
APPLICANT: Mobile Premix Concrete, Inc.
PLANNER: Sheri Lockman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility(Open Pit Mining and Materials Processing)
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part S2 Section 16 and the N2 Section 21, T2N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of WCR 7 and south of and adjacent to WCR 20 1/2.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. Therefor Case 2n° AMUSR-488 will be forwarded to the Board of County
Commissioners with a recommendation of approval.
CASE NUMBER: USR-1343
APPLICANT: Owens Brothers Concrete Company
PLANNER: Chris Gathman
REQUEST: Special use Permit for Sand and Gravel Mining/Aggregate Processing
/Concrete Batch Plant.
LEGAL DESCRIPTION: S2SW4,W2SE4,and NE4 of Section 28,T3N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to WCR 28, approximately 1/4 mile west of WCR 19.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. Therefor Case USR- 1343 will be forwarded to the Board of County Commissioners
with a recommendation of approval.
CASE NUMBER: Z-543
APPLICANT: Daryl and Carol Propp (Long's Peak Estates)
PLANNER: Julie Chester
REQUEST: Planned Unit Development Change of Zone for Seven (7) Residential Lots
and 3.3 acres of Common Open Space.
LEGAL DESCRIPTION: Part of the NW4 and part of the NE4 of Section 9, Ti N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to WCR 12, between WCR's 5 and 7.
Julie Chester, Department of Planning Services presented Case Z-543, 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.
Cathy Clamp asked about the new engineering reports and whether they were based on the information i„
provided or with the new seven lot request. Ms. Chester stated that the case information was based on the .0. LI-
seven lot information. Ms. Chester then gave a brief on the history of the project. 10
_ 1
John Folsom asked about the letter from Celia Greenman with regards to the lot 5 and the prospect of building X
on it. Ms.Chester stated that she has spoken with building inspections and they are requiring an engineered
foundation. They will also have to apply for a Geological Hazard Permit through the Planning Services before It�
a building permit will be issued. Mr. Folsom also had concerns about the possibility of the second purchaser
not getting the adequate Geological Information.
Michael Miller asked about the Geological Hazard Reports and if Weld County was comfortable with building
on this site. Ms. Chester stated that Planning was concerned but there are several lots that have been built
on geological hazardous lots. The Department of Planning Service's feels that there was sufficient mitigation
for building on the individual lots.
Michael Miller asked Pam Smith if there was anything that the Health Department came up with that was
cause for concern. Ms. Smith responded that they have adjusted the envelopes in order to make the perk
rates adequate in order to obtain septic tanks. Mr. Miller stated his major concern was more for the sinkhole
possibilities.
Luis Llerena stated that the Department of Planning Services was relying more on the Colorado Geological
Surveys recommendation. Mr.Llerena suggests that a note be located on the plot and the public have access
to that information.
Michael Miller has concerns with the second and third buyers of the property not being provided the accurate
information for the property. Mr. Morrison responded that the title company tends to disclaim rather than deal
with regulations. Cathy Clamp added that the title company will disclose easement and other comments found
on the plat.
Michael Miller asked if there was a way in which the Planning Commission could add a Condition of Approval
or Development Standard that would address the issues of future buyers being made aware of the additional
information with regards to the development. Mr. Morrison stated that the best way would be to submit
language for the covenants or for a notice to indicate to the future buyers that there are geological issues
which would be recorded with the plat.
Cathy Clamp asked Pam Smith Department of Health about the envelopes with regards to septic size and how
big the houses can be. Ms. Smith stated that there could be some limiting of the number of bedrooms. The
movement of the boring site in order to find suitable areas was done,then the envelopes were done around
that area.
John Rinko, gave a brief on the project and the fact that they are trying to provide an adequate, aesthetically
pleasing project. Mr. Rinko stated that the concerns from the public at the neighborhood meetings were
addressed. There were three major issues in which the public voiced concerns: density, traffic loads and
roads and usage of the property to incorporate into the existing urban standards.
John Folsom asked about the possibility of erosion on the pillars within the mines and the danger of that
occurring. Mr. Rinko stated that 13 borings were done on the site and there were few sites that had water in
them. Mr. Rinko stated that the boring sites were done at different depths and locations.
Cathy Clamp asked about Farmers Ditch and the protection of it beside the roadway. Mr. Rinko stated that
there is a 100 foot easement and the trail system is integrated within it for the protection of the ditch. Ms.
Clamp asked about the reason why it is not possible to farm it. Mr. Rinko stated that there was not enough
farming history attached to the land. Ms. Clamp asked about the foundation length in accordance with the
studies that were provided. Mr. Rinko stated that the 42 feet foundation length is in accordance with the
surface strains. These requirements would be referenced with the map of surface strains.
Greg Sherman, Geotechnical Engineer, gave a brief overview of the project and some of the alternatives for
building. He stated three alternatives. One alternative is to build the house in accordance with the 42 feet
foundation length; the second would be to build a larger homes and it fit within the building envelopes
established by Dr.Able and the final alternative would be an individual investigation. The 13 borings done on
this site showed that there was no void in the sites.
Michael Miller asked about the possible subsidence of the pillars within the site. Mr. Sherman stated that
there is no active subsidence.
Stephan Mokray asked about the building safety and clarification of how the 42 feet foundation was
determined. Mr. Sherman stated that the information was placed into a mine subsidence computer program.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Daryll Propp, property owner, stated that property tax issues were the reason for doing this development.
Pam Barthel, accepted the proposal as it stood and was thankful for the decrease in density.
Jerry Belga, had a few concerns with the subsidence issue. Mr. Belga leased to property for a number of
years and filled sinkholes in places where there were no mines. Mr. Miller asked if the sinkholes needed
repeated fillings. Mr. Belga stated he had done it a couple of times several years ago.
Julie Chester suggested that they put the additional language that deals with future buyers and the hazards
possible be located on the plat(item#4 T)stating"for more information regarding the geological Hazards on
this property owners or other interested parties should refer to Case Z-543 located at the Clerk to the Board
office." Additional language will be placed at item #5C that states that language will be placed in the
covenants indicating the Case number and location of the original case file.
Bryant Gimlin motioned for the deletion of Condition of Approval 3A 5-7. Stephan Mokray seconded the
motion.The motion carried unanimously.
Stephan Mokray moved that Case Z-543, be forwarded to the Board of County Commissioners after
September 19, 2001 along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Cathy Clamp 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;Cathy Clamp,yes. Motion carried
unanimously.
CASE NUMBER: AmUSR-921
APPLICANT: Asphalt Paving Company(Perry Pit)
PLANNER: Robert Anderson
REQUEST: A Site Specific Development Plan and a Special Review Permit
for an Open Pit Gravel Mining Operation and Asphalt Batch Plant,
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of the NE4, Section 25, T1 N, R67W & Part of the NW4,
Section 25, Ti N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of&adjacent to WCR 6, east of&adjacent to Wattenberg,
1/2 mile west of US 85.
Robert Anderson, Department of Planning Services presented Case AmUSR-921, 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.
Cathy Clamp asked for some clarification with regards to the original permit and the details of the amendment.
Mr. Anderson showed (overhead transparencies)that the original permit was for two unlined ponds and the
new area (additional ten (10)acres) is for a larger storage reservoir.
John Folsom asked about the monitoring wells and if they would address quality and water table level. Mr.
Anderson stated that they currently only address water quantity or levels and not quality.
Alex Schatz, Banks&Gesso, gave a brief overview of the site. Mr. Schatz suggested that the reason for the
Amendment was to mine the additional ten (10) acres, change the reclaimed use from two unlined ponds
to a large water storage reservoir. Mr. Schatz stated that there are were no major changes in the site, and
added that there would be no real change in number of employees or equipment.The proposed change from
wet to dry mining is to facilitate the end use of water storage.
Hello