HomeMy WebLinkAbout20012482.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution be introduced for denial with amended attached
Conditions of Approval by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
PLANNER: Chris Gathman
CASE NUMBER: Z-557
APPLICANT: Colorado Elk Ranch, LLLP C/O Mikal Torgerson Architects, P.C.
ADDRESS: 211 Jefferson, Fort Collins, CO 80524
REQUEST: Change of Zone from A(Agriculture)to Planned Unit Development to create Thirty-Eight
(38)PUD zoned lots for single family residential uses on approximately 57 Acres along with
32.12 acres of open space
LEGAL DESCRIPTION: Part of the NE4 of Section 12,Township 7 North, Range 66 West of the 6th
P.M., Weld County, Colorado.
LOCATION: West of and adjacent to WCR 37 and south of and adjacent to WCR 84
The Planning Commission recommends that this request be denied for the following reasons:
1. The submitted materials are not 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 not 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.
B. Section 22-2-60 C.2 A. Policy 3 states "Conversion of agricultural land to urban-scale
residential, commercial and industrial development will be discouraged when the subject
site is located outside of an approved intergovernmental agreement area... This policy is
intended to promote conversion of agricultural land in an orderly manner which is in
harmony with the phased growth plans of a municipality and the County. It is further
intended to minimize the incompatibilities that occur between uses in the agricultural district
and districts that allow urban type uses."
The site is not presently located within an intergovernmental agreement area and is located
on land designated as "Prime" per the 1979 USDA Soil Conservation Service Map. The
number of lots proposed, thirty-seven, is considered to be urban scale development. The
site is located across WCR 37 from an existing feedlot and immediately southwest of a
feedlot permitted through a special use permit(USR-744). This feedlot is permitted for a
total of 4,000 head of cattle. The existing feedlots create a compatibility issue with the
proposed planned unit development in terms of odors and other impacts. Staff feels that
the proposed planned unit development is not compatible with these uses.
C. Section 22-6-40.B.2 requires the applicant to submit a statement as to how the PUD
development will plan for and accommodate impacts related to smoke dust and odors.
OSAIBIT
2001-2482
Css7
RESOLUTION Z-557
Torgerson
Page 2
The applicants have indicated that they will have a"right to farm"covenant, and will make
purchasers in the area aware of the adjacent feed lots. This will make future purchasers
aware of these impacts but will not provide adequate protection from the existing feedlots
in regards to dust, odors and flies. Recently, there have been several conflicts between
residential and agricultural uses outside of urban growth boundaries. (See Dyeland Dairy
comments)
D. Section 27-6-120 B.6.b The uses which would be allowed in the proposed PUD will not
conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II of the Weld County Code.
Section 27-2-40: The applicants are requesting a waiver from the minimum lot size
requirements(2.5 acres)of the Estate Zone District. Lot sizes range from less than 1 acre
to over 2 acres.
Section 27-2-50: The Weld County Department of Public Works in their referral received
April 18, 2001 are requiring that the block length for the southern roadway be reduced to
no more than 1,500 feet. The roads as submitted do not meet this criteria. This will require
a redesign of the internal roads of the subdivision. The Department of Planning Services
believes that, for internal pedestrian circulation within the Planned Unit Development, the
applicant shall provide sidewalks for pedestrian and bike use.
E. Section 27-6-120 B.6.c That the uses which would be permitted will not 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 development will not be
compatible with adjacent agricultural land uses. The development site is located
immediately southwest of a feedlot that has been approved for a maximum of 4,000 head
of cattle (USR-744). The proposed development is not located within an urban growth
boundary. It is located within the 3-mile referral area for the Town of Ault. The Town of Ault
in their referral dated May 15,2001 indicated that they found no conflicts with their interests.
The Town of Ault indicated that they would like to review the traffic impact study to see the
traffic impact created by the PUD on their town.
F. Section 27-6-120 B.6.d That the PUD Zone District shall not be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance Standards
in Chapter 27, Article II of the Weld County Code. The development is proposed to be
served by the North Weld County Water District. The applicants have a water agreement
with North Weld County Water District to extend water lines to the development site. The
Colorado Division of Water Resources - Office of the State Engineer in their referral
received April 16, 2001 indicated that the North Weld County Water District has not
submitted sufficient evidence documenting that the proposed water supply can be provided
without causing injury to existing water rights.
The applicants are proposing individual septic systems for this development. The Weld
County Department of Public Health and Environment indicated in their referral received
May 10, 2001 that Lots 20, 37 and 38 of the proposed development do not meet current
Health Department policy because they are less than 1 acre in size. The three septic
system envelopes designated on each lot shall be combined to make two septic envelopes
per lot. The Department of Public Health and Environment also indicated that the septic
RESOLUTION Z-557
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Page 3
envelope for Lot 36 does not meet the 100-foot setback to the irrigation ditch. The
Department of Public Health is requiring that lot sizes to be increased,septic envelopes be
redesigned to meet minimum lot size and ditch setback requirements and septic system
envelopes for each lot be reduced to two envelopes per lot.
G. Section 27-6-120 B.6.e That street or highway facilities providing access to the property are
not adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed Zone District. The Weld County Department of
Public Works indicated in their referral response received April 18, 2001 that the traffic
study submitted with this application will need to be revised and resubmitted. The
Department of Public Works also indicated that a left-turn bay on State Highway 14 for
Weld County Road 37 will be needed to accommodate the increased traffic created by this
development. The developer will be required to obtain an access permit from the Colorado
Department of Transportation to construct the left-turn bay.
The applicant is proposing to add 4-foot shoulders to Weld County Road 37 to mitigate the
traffic impacts of this development. Public Works has indicated that this is acceptable.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Should the Planning Commission motion to approve this application for a Change of Zone from A
(Agricultural) to PUD for a thirty-eight (38) Lot Subdivision, Planning Staff recommends the following
conditions:
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. Prior to scheduling a hearing before the Board of County Commissioners:
A. The applicant shall submit a signed copy of the water service agreement with the North
Weld County Water District. (Dept. of Planning Services)
B. The applicant shall submit appropriate documentation to the Office of the State Engineer-
Colorado Division of Water Resources in regards to the three irrigation wells on the property
and the proposed connection to the North Weld County Water District. The applicant shall
provide evidence from the Division of Water Resources that the proposed water supply can
be provided without causing injury to existing water rights. (Dept. of Planning Services)
C. The applicant shall submit a copy of an agreement with the Water Supply and Storage Ditch
Company, whose irrigation ditch runs along the southern boundary of the proposed
development, stipulating that all concerns of the ditch company have been adequately
addressed,or submit evidence that reasonable accommodations have been made. (Dept.
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 of the Weld County
Code. (Dept. of Planning Services)
RESOLUTION Z-557
Torgerson
Page 4
B. A Landscape Plan and maintenance schedule shall be submitted to the
Department of Planning Services for review and approval. The Landscape Plan shall
adhere to the requirements of Section 27-9-30 of the Weld County Code. The Landscape
Plan shall address adequate buffering and screening from surrounding Agricultural uses.
(Dept. of Planning Services)
C. The applicant shall submit 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 Public Works)
D. The applicant shall submit a proposed estimate for time of construction of the PUD. (Dept.
of Planning Services)
E. The applicant shall submit additional information about the use and design of the proposed
common open space in the PUD. (Dept. of Planning Services)
F. 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)
G. The Change of Zone plat shall be amended to include the following:
1) "Weld County's Right to Farm" as delineated in Chapter 22 (Appendix H) of the
Weld County Code. (Dept. of Planning Services)
2) The name of the street, which shall not conflict with any other street within the
particular U.S. Postal area. (Dept. of Planning Services)
3) The southern roadway shall be redesigned to be no longer than 1,500 feet in
length. (Dept. of Public Works)
4) An access to the property to the south of the ditch shall be provided off of the
southern road. (Dept. of Public Works)
5) The plat shall be amended to indicate adequate pedestrian pathways, trails or
sidewalks. (Department of Planning Services)
6) Primary and secondary septic system envelopes shall be designated on each lot.
There shall be only Septic system envelopes should meet the required setbacks
as described in the Weld County Individual Sewage Disposal System Regulations.
(Dept. of Public Health and Environment)
7) The approved landscape plan.
H. 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:
1) The PUD shall consist of Thirty-Eight(38) PUD zoned lots together with common
open space areas. The Change of Zone allows for(E)Estate uses(38 lots)which
shall comply with the PUD Zone District requirements as set forth in Sections 23-3-
400 of the Weld County Code. The only exception shall be a variance from the
minimum lot size requirement of 2.5 acres. The common open space shall be
RESOLUTION Z-557
Torgerson
Page 5
owned and maintained in accordance with Section 27-6-80 of the Weld County
Code. (Dept. of Planning Services)
2) Approval of this plan may create a vested property right pursuant to Article VIII,
Section 23-8-50 of the Weld County Code. (Dept. of Planning Services)
3) Water service shall be provided by the North Weld County Water District.(Dept.of
Public Health & Environment)
4) 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 & Environment)
5) The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department, Weld County Department of Public Health &
Environment, and the Weld County Department of Planning Services. (Dept. of
Public Health & Environment, Dept. of Public Works, Dept. of Planning Services)
6) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Dept. of Planning Services)
7) Weld County's Right to Farm,as stated on this plat,shall be recognized at all times.
(Dept. of Planning Services)
8) The applicant shall obtain a storm water drainage 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)
9) During development of the site, all land disturbance shall be conducted so that
nuisance conditions are not created. If dust conditions create nuisance conditions,
at the request of the Weld County Health Department, a fugitive dust control plan
must be submitted. (Dept. of Public Health & Environment)
10) In accordance with the regulations of the Colorado Air Quality Control Commission,
any development which disturbs more than five(5)acres of land must incorporate
all available and practical methods which are technologically and economically
feasible in order to minimize dust emission. (Dept. of Public Health and
Environment)
11) If land development creates more than a twenty-five (25) acre contiguous
disturbance, or exceeds six (6) months in duration, the responsible party shall
prepare a fugitive dust control plan, submit an air pollution emissions notice, and
apply fora permit from the Colorado Department of Public Health and Environment.
(Dept. of Public Health and Environment)
•
RESOLUTION Z-557
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Page 6
12) Potential Purchasers are hereby notified that a confined animal feeding operation
(USR-744)for a maximum of 4,000 head of cattle is located directly north and east
of the intersection of Weld County Roads 37 and 84. Off-site impacts that may be
encountered include noise from trucks, tractors and equipment; dust from animal
pens and odors from animal confinement,silage, and manure. (Dept. of Planning
Services)
13) 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)
14) Electrical permits shall be obtained for any irrigation systems for the development.
(Dept. of Building Inspection)
15) Proper building permits shall be obtained prior to any construction or excavation.
Building permits shall be obtained prior to any buildings or structures being
remodeled or demolished. (Dept. of Building Inspection)
16) Building permits are required for dwellings and any accessory buildings being
constructed or moved onto the property. (Dept. of Building Inspection)
17) All buildings shall be engineered and will require an engineered foundation. Such
foundation design shall be based on a site-specific geotechnical report or an"open
hole" inspection made by a Colorado licensed engineer. (Dept. of Building
Inspection)
18) The site shall be developed in accordance with the recommendations of the
Colorado Geological Survey contained in the referral letter, dated March 9, 2000.
(Colorado Geological Survey)
19) Any signage located on the property shall require building permits and adhere to
Sections 23-4-110 and 27-6-90 of the Weld County Code. (Dept. of Planning
Services)
20) The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Dept. of Planning Services)
21) The applicant shall comply with Section 27-8-50 of the 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 submittal of the PUD Final Plan. The Board may
extend the date for the submittal of the PUD Final Plan application and shall
annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that the
landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District. (Dept. of
Planning Services)
RESOLUTION Z-557
Torgerson
Page 7
4. Prior to submitting Final Plan application:
A. Construction plans for the utilities, showing the configuration of streets,the location of fire
hydrants, the size of water mains and available fire flows will need to be submitted to the
Ault Fire Protection District for review and approval. Evidence of Fire District approval shall
be submitted to the Department of Planning Services. (Dept. of Planning Services)
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 Improvements Agreements in accordance with
Sections 24-9-10 and 24-9-20 of the Weld County Code.The agreements shall include the
internal roads, trail, landscaping of the common open space and any other appropriate
construction elements. The agreements shall also include any improvements to Weld
County Road 37. The applicant shall indicate if the road maintenance for internal roads 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. (Dept. of Public Works).
B. 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)
C. The Final Plan application shall specify the Home Owners Association's method of trail and
landscape maintenance. (Dept. of Planning Services)
D. The draft covenants and Home Owner's Association shall address open space
maintenance and landscaping in accordance with Section 27-6-60 of the Weld County
Code. (Dept. of Planning Services)
E. The applicant shall submit evidence to the Department of Planning Services that approval
was received from the Department of Public Works of an Improvements Agreement
Regarding Collateral for the Transportation portion of the PUD. (Departments of Public
Works, Planning Services)
F. The Final Plan application shall demonstrate compliance with the recommendations of the
Colorado Geological Survey as stated in their referral dated March 9, 2000. (Colorado
Geological Survey)
G. The applicant shall submit a copy of the final plat with street names to be reviewed by the
Weld County Sheriffs Office, Mountain View Fire Protection District and the Post Office
which will serve the development. Comments from these agencies shall be submitted to
Department of Planning Services with the Final Plan application. (Dept. of Planning
Services)
H. A revised traffic study shall be submitted for review by the Weld County Department of
Public Works. Evidence of Department of Public Works approval of the traffic study shall
be submitted with the final plan application. (Dept. of Public Works)
The applicant shall submit evidence that an access permit from the Colorado Department
of Transportation has been granted to construct a left-turn on State Highway 14 to access
Weld County Road 37. (Dept. of Public Works)
J. A revised drainage study with hydrologic and hydraulic calculations shall be submitted with
the final plan application for review by the Weld County Department of Public Works.(Dept.
of Public Works)
RESOLUTION Z-557
Torgerson
Page 8
K. 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,etcetera)are expressly prohibited in the designated absorption field
site. (Dept. of Public Health and Environment)
L. The applicant shall contact the Weld County School District RE-9, to finalize a bus pick-up
and drop-off location.The bus pick-up and drop-off location shall be indicated on the plat.
(Dept. of Planning Services)
M. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type
is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
(Dept. of Planning Services)
6. Prior to recording final plat:
A. The Board of County Commissioners shall review and approve the signed and dated
Improvements Agreement According to Policy Regarding Collateral for Improvements
(Public Road Maintenance and Private Road Maintenance)including the form of collateral.
The security for the Agreement shall be tendered and accepted by the Board of County
Commissioners.
B. The applicant shall submit evidence that the requirements of the Weld County RE-9 School
District in their referral received April 16, 2001 have been addressed. (Weld County RE-9
School District)
C. Final covenants shall be reviewed and approved by the Weld County Attorney's Office.
Evidence of Weld County Attorney's Office approval shall be submitted to the Department
of Planning Services. (Dept. of Planning Services)
7. Prior to the release of any building permits:
A. Street intersections shall be marked with signs showing street names and address ranges
prior to construction.
Motion seconded by Cathy Clamp.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Fred Walker
Arlan Marrs
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Jack Epple
Stephen Mokray
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.
RESOLUTION Z-557
Torgerson
Page 9
CERTIFICATION OF COPY
I,Vicki Hamilton, 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 June 5, 2001.
Dated th 5th of P une, 2OO1.
0A llama,
Vicki Hamilton
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 7
Ms. Clamp stated that if a commercial use is going to be a greater impact of the road and dust. If that use
is taken away, then those requirements should be taken away also.
Mr. Carroll stated if a commercial use goes away and becomes a personal then the dust control requirement
would be deleted.
Mr. Morrison again stated to the applicant to take what they have and go to the Board of County
Commissioners. If it appears the Board is consistent with the septic requirement,you can still withdraw the
boarding part of your application. The Commissioners make the final decision.
Ms. Nicklas stated that it is entirely possible that the County Commissioners could grant a variance on the
septic requirement.
Ms. Davis stated that due to the fact the site is more than 200 feet from the residence an engineered septic
system would be appropriate.
Mr.Walker suggested that the applicants and the Department of Public Health and Environment have dialog
and discussion before the Board of County Commissioners Hearing. Mr.Walker also recommended for the
applicant to continue with the application process.
Arlan Marrs moved to forward Case USR-1331 along with the consideration that the application might change
from commercial to personal use and with leniency regarding the septic and water requirements, with the
Development Standards and Recommendations of Approval with Planning Commissions approval for
recommendation.
Ms. Clamp seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their
John
Folsom, yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,;Jack Epp e,y Bryant Gimlin,
Cathy Clamp, yes; Cristie Nicklas, yes ; Fred Walker, yes. Motion carried unanimously.
— 5. CASE NUMBER: Z-557
PLANNER: Chris Gathman
APPLICANTS NAME: Mikal Torgerson
LEGAL DESCRIPTION: NE4 Section 12, Township 7 North, Range 66 West of the 6`" P.M.
Weld County, Colorado
REQUEST: Change of Zone from (A) Agricultural to Planned Unit Development (PUD) for 38
single-family residential lots.
LOCATION: West of and adjacent to WCR 37, south of and adjacent to WCR 84.
Chris Gathman, Planner presented Case Z-557 and read the Department of Planning Services staff
comments and recommendations for denial into the record. Mr. Gathman also stated that when this
application was originally sent to the Colorado Division of Water Resources there was insufficient information
regarding the proposed water lines from North Weld County Water. Additional information has been
submitted. At this time there has been no additional response. That is a condition of approval prior to
scheduling a Board of County Commissioners Hearing, that evidence is provided by the Division of Water
Resources that adequate water available for the purposed development.
Mr. Walker stated that in the application there was no homeowner's association that would manage the
individual septic systems. Mr. Gathman stated at this time there is no homeowner association or covenants ass
in place. That is a requirement of the final plat. r
r-
Mr. Walker mentioned in Development Standards and the Conditions of Approval the water supply and ��1
storage company should be the Cross Cut Lateral. There is a letter from the City of Thornton purporting this.
Mr. Gathman stated there are revisions in the comments distributed. On page 5, Condition 5 pertaining to W o
providing sidewalks, Condition 6 and 7 have been removed. These have been addressed with the a
'rn' s aam+�d
Department •
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 8
of Public Health and Environment with the amended plans. On page 8 Item B. ,the applicant shall submit final
road layout and alignment plans to the Department of Public Works and then on page 9.
addressing the school bus issue indicating the applicant shall contact the school district and finalize a bus
pick-up and drop-off location and that shall be indicated on the final plat.
Mr. Miller on page 2,#2 the comments from Dyeland Dairy should also be deleted.
Mika! Torgerson, architect and planner for the project stated his name and address for the record.
Mr. Torgerson addressed the reasons for denial. First, Section 27-6-120 B.6.a that this property is outside
any urban growth boundary. The Town of Ault changed their Urban Growth Boundary about a year ago to
encompass all the property up to County Road 84 and over County Road 37 which includes all of our site.
The problem is it hasn't been adopted into the Town of Ault, Weld County Intergovernmental Agreement.
This application is in fact an Urban Scale Development and within the Urban Growth Boundary of the Town
of Ault.
Mr.Torgerson stated that the in terms of the feedlots,the Right of Farm Covenant will be placed on the project
and that should protect the feedlot and its use. Mr.Torgerson also stated that the site is immediately adjacent
to the Town of Ault. So if the feedlot is a concern for our site it would certainly be a concern for the Town of
Ault. Mr. Torgerson also stated landscaping will be provided to shield the site from the feedlot.
Mr.Torgerson stated that Mr. Gathman mentioned the block length exceeding 1500 hundred feet. That has
been redesigned to provide a stub out to outlot A on the southwest side of the site. That will break that block
to less than 1500 hundred feet.
Mr. Torgerson addressed the fact that the Colorado Division of Water Resources has not responded, but
stated the additional required information has been submitted. There is a written agreement with North Weld
Water to serve the site. The question is really whether or not is serving our property is detrimental to existing
users in the North Weld Water District. The applicant went on to state it seems unlikely that North Weld
Water would serve the proposed site if it was detrimental to the existing users. But it does need to be
determined by the Division of Water Resources and that will be determined before we can get final approval.
The applicant stated that lots 20, 37, and 38 have all been increased to over one (1)acre. That was simply
an error on the part of the applicant. The applicant went on to say that there was concern about the request
to have lot sizes less than 2.5 acres. The design intent is to cluster the development and originally we were
proposing .5 acre size lots but those have been increased to one (1) acre at the request of the Department
of Public Health and Environment. The intent is to provide some open space to be irrigated by common wells
and that would be dryland grasses ie. hay and we think from a planning prospect that would provide a good
transition from the farming uses to the northeast of Ault into the more urban like setting into Ault. Rather than
just providing large 2.5 acre lots that are likely to become dust bowls due to maintenance problems we are
requesting a reduction in that size to one (1) acre, even though the overall density of the project is one per
2.5 acres. The septic envelopes have been consolidated into two (2) septic envelopes per lot also at the
request of the Department of Public Health and Environment.
Rick Hanson, developer for the project gave his name and address for the record.
Mr. Hanson addressed the feedlot issue, stating the closest lot of the project is within one half mile of the
feedlot and the closest house from Ault is within a half mile, so I believe that if the feedlot is an issue it should
also be an issue with the Town of Ault.
Mr. Hanson stated the sidewalks and curb and gutter were just brought to our attention, yesterday. Mr.
Hanson explained that about three years ago he came to Weld County to try to get this project approved.
Weld County asked him to go to the Town of Ault. He stated he has spent the last two years with the Town
of Ault,going through two annexation requests,and proposals and basically it has come down to Ault doesn't
have the water and sewer systems in place for what we are doing. That is why we are back with the County.
As for the curb and gutter, the Town of Ault doesn't think it is necessary to add curb and gutter in the
subdivision. At one point, the Town of Ault would allow dirt roads within the subdivision, however that isn't
going to be the case as it could create dust problems. Mr. Hanson stated that the Estate or PUD planning
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 9
does not require curb and gutter. Mr. Hanson stated that basically the two problems were the feed lot and
whether or not they are in the IGA. And they are in the IGA with the Town of Ault, it just hasn't been adopted
as yet.
Mr. Torgerson stated that the Department of Public Works is requiring a turn lane on Highway 14. Mr.
Torgerson stated that this Condition of Approval should have been discussed before this hearing. He also
suggested a condition stated that we satisfy the engineering department with the level of services being met.
Mr. Hanson stated he thinks it would be a nice transition from farm ground in towards the town with one acre
lots and open space.
Mr. Walker asked the applicants how the potential buyers of the lots would be notified of the feedlot in the
area. Mr. Torgerson replied that the Right to Farm Covenant would be put on the plat and also within the
covenants.
Ms. Clamp stated in the agreement with North Weld Water it was stated there was going to be a Phase 2.
Where were the additional lots going to be located. Mr.Torgerson stated the additional lots would be located
on the parcel to the south, south of the Cross Cut Lateral. My concern was that the absorption rate would
be at rate needed or how long it would be before that piece would be developed.Possibly by the time the piece
is developed Ault could have its sewer system up and working to apply to that particular piece and maybe
apply for a higher density subdivision.
Ms. Clamp also wanted clarification of the Town of Ault's Urban Growth future zoning. She asked if it was
residential for that area. Mr. Torgerson stated he was at the Ault town meeting when the Urban Growth
Boundary was amended but the zoning was not defined at that time. Mr.Torgerson stated he assumed it was
left as agricultural.
Ms. Nicklas asked Department of Planning Services staff why is the sidewalk and pedestrian bike use
required. Mr. Gathman replied there is a clear definition of Urban Scale Development and non-urban Scale
Development. Non-Urban is nine lots or less. This application is for thirty-eight (38) lots and is considered
Urban Scale. At this time, it is outside the IGA with Ault, however if that goes through, that would very likely
be included in their requirements.
Ms. Nicklas stated because this is an urban scale development it needs to have urban services.
Mr.Hanson stated that a lot of the other subdivisions do not have curb and gutter or sidewalks. Developments
just approved and with well over ten(10)lots. For instance Bellmont Farms is urban scale with borrow ditches
and roads and not with curb, gutter and sidewalk.
Mr. Torgerson commented that it is interesting that the Department of Planning Services staff is
recommending denial based on the fact that the project is not within the Town of Ault's Urban Growth
Boundary but yet requiring curb, gutters, and sidewalks.
Ms. Nicklas stated the Department of Planning Services staff is recommending denial because you are urban
scale development with thirty eight lots in the subdivision. That is a urban scale development not a rural
development.
Mr. Walker asked if the outlot A was the 32 acres of open space, and the total acreage is 57 acres.
Mr. Hanson stated that the total was 88 acres.
Mr.Walker confirmed the 57 acres was for the lots and 32.2 acres for the open space. Mr.Walker stated in
the application the acreage was 57 acreage and was trying to achieve the true density of the project.
Mr.Torgerson explained that 57 acres are for the lots and 32.12 acres of open space independent of outlot
A making a total of 80 some acres.
Mr. Walker stated the density is a little over two (2) acres.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 10
Stephen Mokray asked the applicants if there was a safety plan for children regarding the canal. The
applicants stated the lots were backed away from the canal, however there was no safety plan at this time.
Ms. Nicklas stated that right or wrong kids throw stuff in the ditches clogging them.
Mr. Hanson stated that in the past the weed problem in this particular ditch has been a problem.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. Public testimony was closed.
Ms. Nicklas requested comments and discussion from the Planning Commission.
Mr.Walker stated he had two concerns regarding this application.One being the density itself, along with no
organized management of the individual septic systems within the homeowner's association. The irrigation
ditch will become a problem if there is any division of flow. Those issues need to be discussed with the Cross
Cut Lateral ditch people. Mr. Walker also stated that this application was not as thoroughly planned out as
it could be at this time.
Mr. Miller agreed with Mr.Walker on those issues and also stated the problem of compatibility of putting 38
homes next to 5000 head of cattle is asking for problems. Mr. Miller agreed with the Department of Planning
Services staff on the issue of putting the Right to Farm on the plat and in the covenants but it is still going to
be a problem. Mr. Miller stated he did not think this application would be compatible with surrounding
landuses.
Ms. Clamp stated she agreed with Mr. Millers' comments on compatibility but also has a concern regarding
the urban growth boundary of Ault. Ms. Clamp stated that while the application is included in the Urban
Growth boundary of Ault, there is no way of knowing what Ault's intention is for this area. If this approved, it
would be grand fathered in as a urban density development even if Ault's intent is to make it agricultural,
commercial or industrial, the development will be there, possibly surrounded by other incompatible sites.
Jack Epple moved to send Case Z-557 to the Board of County Commissioners with the Planning
Commissions recommendation for denial along with the Department of Planning Services staff comments.
Stephen Mokray seconded the motion.
Arlan Marrs , yes with comment regarding compatibility issues.
John Folsom, yes with the comment that perhaps this development should wait until Ault makes a decision
on how it is zoned.
Bryant Gimlin, yes, for the reason of compatibility and the density is too high.
Fred Walker, yes for the reason the planning is not thorough and the density is too high, and the irrigation
lateral concerns have not been addressed
Cristie Nicklas, yes agreeing with the staff comments and with Mr. Walker regarding the Irrigation Lateral
concerns.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,;Jack Epple, yes ; Bryant Gimlin,yes;
Cathy Clamp, yes; Cristie Nicklas, yes ; Fred Walker, yes. Motion passes for denial.
Planning Commission recessed at 12:15 p.m. for lunch.
Planning Commission reconvened at 12:55 p.m. with Bryant Gimlin being excused.
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