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HomeMy WebLinkAbout20002197.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bryant Gimlin that the following resolution be introduced for passage by the Weld County Planning Commission, along with the changes to 1.F., 1.G., and 2.B., and the addition of 1.0 and 1.P. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-525 PLANNER: Monica Daniels-Mika APPLICANT: Jim Fell / Beebe Draw 2nd Filing ADDRESS: 11409 W. 17th Place, Lakewood, CO 80215 REQUEST: Planned Unit Development Final Plat for 536 lots LEGAL: Sections 3,4,5,8,9,10,15, and 17, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 6 miles east of the Town of Platteville;east of and adjacent to Weld County Road 39 and south of and adjacent to Weld County Road 38, north of and adjacent to Weld County Road 32. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.13 of the Weld County Zoning Ordinance, as follows: a. The proposed Planned Unit Development Final Plan is consistent with the Weld County Comprehensive Plan and is compatible with the future development as permitted by existing PUD Districts and plans of affected municipalities. The property under question received a Change of Zone approval on December 21, 1983 (Case Z-412) (Amended Case Z-412, 1989). The Change of Zone applications were for PUD residential lots and equestrian recreational activities. More specifically, defined in Exhibits 5 and 17 of the Change of Zone application (Z-412) as: 1. Equestrian Center with indoor arena and riding school, office and equestrian club, building outdoor arena, stables and outside paddocks, dressage and stadium jumping arenas, cross county course, speciality training areas, and hay and equipment storage buildings; and 2. Water and other recreation facilities, floating docks for small boats, boat launching ramps, property owners clubhouse with swimming pool and tennis court. b. The Planned Unit Development Plan (PUD) conforms to the approved PUD District. The approved PUD plan called for residential and recreational activities to be located on this site. The applicant has provided for the uses listed above and as defined in the Change of Zone applications. c. The uses, buildings, and structures shall be compatible with the existing arid future development of the surrounding area as permitted by the existing zoning,and with the future development projected by the Comprehensive Plan,or Master Plan of affected municipalities. EXHIBIT S 050252000-2'197 RESOLUTION, S-525 Beebe Draw Page 2 The property is not located within a municipalities urban growth boundary nor is it affected by a municipal comprehensive plan. The Weld County Zoning Ordinance recognizes the right to proceed with a Final Plat as long as the plat has been diligently pursued from the date of original zoning approval.As such,the applicant has shown diligence in pursuit of this final plat. d. The proposed Planned Unit Development (PUD) Final Plat conforms with the performance standards in Section 35.3 of the Weld County Zoning Ordinance. The amenities on the site will be provided and funded by the Beebe Draw Farms Metropolitan District. The service plan has been reviewed by Weld County and has been filed with the Weld County District Court. e. The proposed Planned Unit Development Final Plat will be in compliance with the Weld County Zoning Ordinance, Section 50, pertaining to overlay districts. The site is not influenced by an overlay district, nor does the site lie within an urban growth boundary area. This recommendation is based, in part, upon review of the application materials submitted by the applicant, or other relevant information regarding this request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the Plat: A. The roadway construction plans shall be revised to the satisfaction of the Weld County Public Works Department. B. The drainage report and plan shall be revised to the satisfaction of the Weld County Public Works Department. C. Approved traffic control sign locations shall be approved by Weld County Public Works and delineated on the plat . D. 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. E. The clubhouse and dockmaster septic system envelopes shall be located on the plat. These envelopes shall be located a minimum of 200 feet from Milton Reservoir. F. The Right to Farm Covenant and Right to Hunt shall be placed on the plat. G. The plat shall be modified to show a 25'drainage,oil and gas and utility easement on all lots, tracts, and open space areas throughout the subdivision and to all drainage easements. H. The plat shall be modified to show a 25'utility easement associated within county road right- of-way. The plat shall be modified to show utility easement placement identified in buffer/building set back areas. J. The plat shall be modified to show a 25'utility easement defined between filing one and filing two of Beebe Draw Farms. RESOLUTION, S-525 Beebe Draw Page 3 K. Prior to recording the plat the Road Impact Agreement and assignment shall be accepted by the Board of County Commissioners. L. Prior to recording the plat, Section 16 included in Case AmZ-412, shall either be vacated by the Board of County Commissioners or an application to down zone to agricultural shall be received by the Weld County Planning Department. M. The applicant shall provide documentation to the Weld County Department of Planning Services staff demonstrating the issues raised by Weld County School District RE-1, concerning school bus access, and collection points with shelters, have been addressed N. The plat shall be amended to show Lot 427 with the approved environmental buffer setback. O. The applicant shall prepare an updated fugitive dust control plan, submit an air pollution emission notice, apply and receive a permit if necessary from the Colorado Department of Public Health and Environment. A copy of this shall be forwarded to the Weld County Public Health and Environment. P. Long term operational and maintenance plans for all septic systems shall be submitted to the Weld County Public Health and Environment for acceptance and approval. 2. The Plat shall be amended to include the following notes: A. Prior to issuance of building permits for site amenities, including the riding stables. marina, equestrian club and outdoor arena,the applicant shall apply for and receive approval through a site plan review process for the design and construction of the amenity. B. The environmental buffer zones as delineated on the plat shall not preclude the location of underground septic system placements. C. Water conveyance in unlined ditches is likely to create situations where ditches are breached or widened. This can cause deterioration to lots and to pavement substrate, particularly if high-velocity flows are transmitted. D. The maintenance of all drainage facilities will be the responsibility in perpetuity of the Metropolitan District. E. Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity. RESOLUTION, S-525 Beebe Draw Page 4 Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Stephan Mokray Cristie Nickles Bryant Gimlin John Folsom Jack Epple Cathy Clamp Michael Miller The Chair declared the resolution failed to pass and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 5, 2000. Dated the 5th of September, 2000. l V"tA,oti ('�Z �� -- Trisha Swanson Secretary DEVELOPMENT STANDARDS BEEBE DRAW, O/O JIM FELL S-525 1. The applicant shall enter into an agreement with Weld County School District RE-1 for school site amenities. Should the District not accept a dedication of land, the applicant shall work with the District to accommodate the school impact created by the final plat. 2. The preservation and/or protection of the second absorption field envelope shall be designated on each lot. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly prohibited in each designated absorption field site. 3. 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. 4. The picnic shelter area shall provide at a minimum, permanent vaulted restroom facilities. A vault facility similar to a state rest area or park service facility is recommended. Permanent restroom facilities with septic tank and absorption field, are required for public use at the stables. 5. Storm water from and/or through the Equestrian Center shall be contained within the equestrian center lot. Management of the manure and storm water must comply with the Confined Animal Feeding Operations Control Regulations. 6. Approved street numbers and addresses shall be provided prior to commencement of any new construction. Addresses shall be visible and legible from the street or road fronting the property. Streets shall be identified at all times. 7. Proper building permits shall be obtained prior to any excavation. 8. All principal dwellings require engineered foundations. Such foundations shall be based upon a site specific geotechnical report or an open hole inspection made by a Colorado Licensed Engineer. 9. All buildings and structures associated with the equestrian center, including but not limited to, the riding arena, stables, and equestrian manager building, shall require building permits and plan reviews. 10. Marina buildings and structures, including but not limited to boat docks,the clubhouse, and the dock manager building, shall require building permits and plan reviews 11. All buildings or portions of buildings open to the public shall be accessible to persons with disabilities. Accessible exterior routes shall be provided from public transportation stops,accessible parking and accessible passenger loading zones and public sidewalks to the accessible parking, accessible passenger loading zones and public sidewalks to the accessible building entrance they serve. Where more than one building or facility is located on site, accessible routes between elements, facilities, and between buildings shall be provided. 12. All buildings or structures shall maintain distances from property lines and adjacent buildings as outlined in Table 5A of the Uniform Building Code Ordinance. 13. Electrical permits shall be obtained for any electrical work. This includes electrical services, site lighting, electricity for pumps. 14. The applicant shall obtain water service from Central Weld County Water District. 15. 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. 16. 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. 17. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than five acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. If land development creates more than a 25 acre contiguous disturbance,or exceeds six months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 18. Maintenance of the open space shall include removal of manure in a manner that will prevent nuisance conditions and not allow runoff into Milton Reservoir. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. 19. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. 20. The septic system(s)for the proposed office clubhouse or public restroom facilities are required to be designed by a licensed Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 21. The facility shall adhere to the maximum permissible noise levels allowed in the residential zone as delineated in 25-12-103, CRS, as amended. 22. Supplemental Procedures and Requirements as stated in Section 28.15 of the Weld County Zoning Ordinance shall be enforced at all times. 23. The site shall maintain adherence with Section 41 of the Weld County Zoning Ordinance for parking requirements. 24. The site shall maintain compliance with Section 42 of the Weld County Zoning Ordinance for sign requirements. 25. The site amenities,such as riding stables, riding trails,riding arenas, tennis courts, swimming pools, clubhouse, and marina shall be maintained by the Metropolitan District. 26. Horse competition and events will be operated for the benefit of the property owners and outside individuals who arrange to use them through the Equestrian Manager. 27. Site amenities events such as boating races,and horse competitions and other uses when exceeding 500 number of users shall apply for and receive approval,(Ordinance 85 for Temporary Assemblage) from the Board of County Commissioners. 28. The RV/Boat and Trailer parking lot shall not consist of more than eight acres and shall be locked in accordance with the established covenants. 29. The clubhouse shall be for the private use of the Pelican Lake owners,their families and their guests. 30. The Dockmaster's Building shall include an office, restrooms, and meeting room. No permanent overnight housing shall be allowed in the dockmaster's building. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION September 5, 2000 Page 3 CASE NUMBER: S-525 APPLICANT: Beebe Draw Farms/Jim Fell PLANNER: Monica Daniels-Mika LEGAL DESCRIPTION: Sections 3,4,5,8,9,10,15,16 and 17, T3N, R65W of the 6th P.M Were; County, Colorado. REQUEST: PUD Final Plat for Beebe Draw 2nd Filing for 536 Lots LOCATION: Approximately 6 miles east of the Town of Platteville; east of WCR 39 and south of `NCR 38. For a more precise location, see legal. Monica Daniels-Mika, Planner, presented Case S-525. Monica stated this application falls under the Zoning Ordinance requirements. Monica noted that the applicant has made a diligent effort to bring in the final plat Michael Miller asked how many lots are in the original filing. Monica noted that there are 188 lots in the original filing. Cathy Clamp asked how many of these lots are build upon at this time. Ms. Daniels-Mika noted that about 12 or 13 were built a few months ago, but that questions about homes on the lots could he answered by the applicant. John Folsom asked if the School District requests about bus stops had been addressed. Monica noled that this has been addressed with two conditions of approval. Michael Miller had questions concerning the school site dedication. Monica noted that there are no plans to build a school at the site at this time. Michael also had questions concerning the drainage plan. Diane Houghtaling noted that the drainage plan is acceptable but that the easements needed to be added to the plat. Discussion concerning the water taps on the site arose. Monica noted that the application was submitted prior to requiring have the individual taps. Stephen Mokray asked why the application for 536 additional lots is being turned in if there are only 12 of the 188 original filing built on at this time. Monica stated that this is not relevant to the case, this is a separate filing to be considered. Jack Epple noted that the Department of Planning Services denied a 130+ lot subdivision on septic,but that this 536 lot subdivision is being recommending for approval. Ms. Daniels-Mika noted that the Department of Public Health and Environment approved 801 septic systems in the area during the original change of zone. Pam Smith,Department of Public Health and Environment,noted that the original application for 801 septic systems at the site was approvec, but that the Department of Public Health and Environment is requiring today's standards on those septic systems, including a primary and secondary leach field. Michael Miller asked if the Planning Commission is required to look at this application by the old rules, rather than the new rules. Lee Morrison,Weld County Assistant Attorney, noted that this application was done under the original Zoning Ordinance,that the new designs for the septic systems is acceptable,but that this subdivision is allowed under the old rules and process. John Folsom asked if the applicant was responsible to pave the roads into the subdivision. Diane Houghtaling, Public Works, noted that the roads into the subdivision and in the subdivision will be paved anc given to Weld County. James W. Fell,Applicant, stated that he has been in touch with the county and working with them on for years on this project. Mr. Fell noted that he has agreements for the 188 water taps needed for the first filing and will acquire water taps for the second filing but does have taps committed. Mr Fell also noted that the soils. while sandy,do compact well. James also noted that they sold 31 lots last year and 29 lots this year, that they are selling and wish to build out the subdivision throughout the next 7 years, acquiring water and building EXHIBIT C S #5 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION September 5, 2000 Page 4 roads during those years as the subdivision expands. Mr. Fell also noted that he has been working with the neighboring property owners when running the gas line out to the site. John Folsom asked about the Metropolitan District and asked about safeguards for roads and utilities in case the rest of the subdivision did not sell out. Jim noted that the Metropolitan District has only two million dollars in loans at this time and the selling of the remaining land, even as graze land, would cover the costs in case the subdivision did not continue. Michael Miller asked Mr. Fell about the school site. Mr. Fell noted that the land for the school site has already been deeded over to the school district, as well as land for the fire district. Mr. Fell noted that the land is rot restricted to school use, so they are welcome to use the land as they see fit or sell the land. Stephen Mokray asked if the 188 water taps for the first filing had been acquired. Mr. Fell noted that they have been and as each phase of the subdivision is begun, the infrastructure is brought in. Cathy Clamp asked about the water line size. Mr. Fell noted that they built one of the two water towers and the water will ne coming from these and that there will be a pump on the site to balance the water pressure. J L Walter, associate of the applicant,stated the there is a 14"line going into a 12" line, then a 10"line and some 8" fines in the subdivision. Mr. Walter also noted that the circuit will be completed with additional 10" lines Cathy Clamp asked if there are enough water shares available for this subdivision. Mr. Fell noted that there is no shortage of water shares, that the price is high but there are people who are willing to sell the'.r shares. Michael Miller asked what type of work was being proposed for the lake. James Fell noted that the Army Corps of Engineers will only allow work on the lake between August 15th and March 1'. Michael asked what is being planned for the lake. Mr. Fell noted that they will only be building the marina. Michael asked how the lake will he changed. Mr. Fell noted that they will be removing 50,000 cubic tons of dirt near the marina to allow for boat depth. The Chair asked if there was anyone in the audience who wished to speak for or against this appl cation Jane Evans Cornelius, a surrounding property owner, noted that she is very opposed to this application. Ms. Cornelius brought along a petition signed by several surrounding property owners. Ms. Cornelius noted the following in her opposition: no proper notice given of this application until she called the Department of Planning Services, soil blows and the silt covers the neighboring roads, this sand may effect the surrounding reservoirs and ditches, the wildlife will be affected, and possibly the groundwater by the number of septic systems in this soil. James Oster,a property owner 3 miles to the north of the site, noted several concerns including the following: potential of a mini-desert, lightning prone area,taxes effected to pay for the schooling needed,fire protection in the area, law enforcement, traffic issues, ecology, groundwater,weeds, and gas and oil wells in the area. Lelia Oster, a property owner 3 miles north of the site, stated that she is concerned about the effect of this many children on the schools, the increased number of vehicles on both the paved and dirt roads, and traffic safety. Roy Wardell, a property owner to the west of the site, noted that his concerns were with the possible infrastructure issues, that the soils will be blowing to everyone's property, people using to much water on lawns that can not be supported on this soil, and overgrazing by horses on the property. Mr Wa'dell also noted that Mr. Fell only started talking to the landowners about the gas line after Mr. Wardell noticed people staking out the line on his property. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION September 5, 2000 Page 5 Carl Jeppeson, a property owner in the area, noted that his concerns are with the septic systems affecting groundwater, fire protection for the are, use of the lake for recreation, and dogs running onto neighboring ranches. John Jeppeson, a property owner in the area, stated his concerns to the be septic systems affecting the ground water, fire protection, water pressure, stray dogs, traffic, and road maintenance. Mr. Fell noted that he did not know the surveyors would be surveying without informing the property owners James Fell also noted that the agreement on the roads is already in effect and the number of houses decides when the updates to the roads occur. Mr. Fell also noted that this project will generate taxes and that he is working with the fire district to create the best possible protection. On the subject of animals, Jim cell noteu that there are going to be leash laws in the covenant, horses will be fed in the paddock, and no grazinc,l allowed per the covenant. Mr. Fell noted that there will only be allowed 5 horsepower boats on the :ake mainly sailboats, and that the Metropolitan District will have the right to tax to improve traffic and roads. Mr Fell also noted that they intend to inform people about the oil and gas wells and that they are providing shele- for the bus stop as well as a turning area for the bus. Cristie Nickles asked which roads will be paved and where turn lanes would be. Lee Morrison noted that the agreement provides a formula for the improvements when the houses number up to 100. Mr. Fell also noted that although acceleration and deceleration lanes are not required until 60-70 homes are in the area, these have already been installed for safety reasons. Michael Miller asked if the only water available would be public water. Jim Fell stated that he is trying to work with Frinco Ditch to allow him to use his water rights on the wrong side of the ditch and noted that the covenant calls to keep most of the land in native grasses and that only 5% of the area of the lots will be allowed to be cultivated with non native grasses. Mr. Fell also noted that the property owner is required to plant trees and plants within 6 months of the close of each ot. Michael Miller also asked about the number of horses allowed on the lots. Monica Daniels-Mika noted that only 21% of the lots are allowed to have horses and the number of horses on the lots is limited by Mr. Fell. James Fell noted that there will be no more than 1 horse on each acre of the lots that are allowed horses Cathy Clamp asked about the number of gas lines through the site. Mr. Fell noted that there are quite a few. Cathy asked about the possibility of a power outage during a fire and the possible back up for the pump. J L Walters, associate of the applicant, noted tat Central Weld County Water District (CWCWD) has signals to notify them when there is no power and that the response time of CWCWD is quick. Cathy Clamp asked about a referral from the Weld County Sheriff's office. Monica Daniels-Mika noted that they had stated their concerns and the applicant had followed the Department of Planning Services guidance. that the Sherif's Office had not had any more requests. Cathy also noted that if there is a gun club in the area. she feels the "Right-to-Hunt" should be placed in the covenant. Stephen Mokray asked if there would be any way to control the possible building near gas lines. Lee Morrison noted that the setbacks and easement should be recorded on the plat. John Folsom asked about a possible sewer treatment plan at the site. Jim Fell noted that he was told with his original change of zone that he would have to go with the individual septic systems by the Department of Public Health and Environment. John Folsom asked if horse would be allowed to graze on the lots. Mr. Fell noted that there would not be grazing allowed,either on the lots or in the open space. Johr asked Monica Daniels-Mika about the problems with the notification in the past. Monica noted that the last two notifications have been correct, but that some in the past may have been incomplete- SUMMARY OF THE WELD COUNTY PLANNING COMMISSION September 5, 2000 Page 6 Bryant Gimlin stated to the public in attendance that the school district's and fire protection district's requirements had been met or they would be at this hearing stated their concerns. Jack Epple noted that farmers do end up paying a lot of their taxes to the school when subdivisions come into their area. but also noted that the number of oil and gas wells in the RE-1 area also contributed a lot to the taxes for the schools Cathy Clamp noted that the covenant seemed to cover the property owners, or the home owners association would fix the problems and then charge the property owner for the cost of this reparation. Cathy did note that she would like to see the possibility of traffic signals in the area as many people would be commutinc during the early mornings and evenings when they are needed most. Diane Houghtaling, Public Works, poled that the county will be moving WCR 32 in with Hwy 60 to become Columbine Parkway and that there will also be a traffic light installed in the near future Stephen Mokray asked when this might occur. Diane noted that the traffic signal will be in during 2001 and Columbine Parkway in 2002. Cristie Nicklas noted that she does not like the idea of this many homes out at this site, nor with the number of septic systems being placed at the site either. Bryant Gimlin moved to include the words "Right to Hunt" in Condition of Approval #1. F, to add the words "drainage, oil &gas, and utility easements" in the place of"utility easement" in Condition of Approval #1. G. add Condition of Approval #1. O to read "The applicant shall prepare an updated fugitive dust control plan submit an air pollution emission notice,apply and receive a permit if necessary from the Colorado Department of Public health and Environment A copy of this shall be forwarded to the Weld County Public Health and Environment.",and to delete the word"and"from Condition of Approval#2. B. Stephen Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision John Folsom, yes; Stephan Mokray, yes; Michael Miller,yes; Jack Epple,yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas, yes. Motion carried unanimously. Cristie Nicklas asked Mr. Fell if he was in agreement with these changes. Mr. Fell said he is in agreement with the changes. Bryant Gimlin asked if the Planning Commission could take issue with the septic systems or if it is beyond their control as they were approved under an earlier application. Lee Morrison noted that the septic systems remain the same as they were a part of the change of zone, but they can effect the vote of the members. Lee also noted that the Metropolitan District that has been created and that this may help to alleviate future problems. Bryant Gimlin noted that he would like to leave some leeway in case the applicant would like to change to a treatment system in the future. Jack Epple noted that some leniency in the roads would be nice as well. Lee noted that the agreement concerning the roads is already complete. Cathy Clamp noted that she lives in a similar style subdivision and there is a constant problem with the contamination of the groundwater from the septic systems in the area. Pam Smith suggested language to allow for more leeway concerning the septic systems in the subdivision Bryant Gimlin moved to add Condition of Approval #1. P to read "Long term operational and maintenance plans for all septic systems shall be submitted to the Weld County Department of Public Health and Environment for acceptance and approval,". Stephen Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas, yes. Motion carried unanimously. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION September 5, 2000 Page 7 Bryant Gimlin moved that Case S-525 be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission:, recommendation of approval. Stephen Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decisior John Folsom, no; Stephan Mokray, yes; Michael Miller, no; Jack Epple, no; Bryant Gimlin, yes; Cathy Clamp, no Cristie Nicklas, no. Motion failed. Michael Miller commented that he feels this subdivision is too dense for the location. He also commented that he knows the soil in the area and the sand will not allow plant growth, especially with the lack of irrigation water. Finally, Michael stated that he'feels the 700+ septic systems would compromise the Health, Safety, and Welfare of surrounding landowners. Jack Epple commented that he agrees with Michael's comments and that it is really difficult to get things to grow out there. He also noted that he does not like the number of septic systems. John Folsom noted that he feels the same as the comments mentioned before him. Cristie Nickles noted that she feels there are too many houses out there to he that far from a metropolitan area and especially with the number of septic systems proposed. CASE NUMBER: USR-1282 APPLICANT: John Johnson PLANNER: Julie Chester LEGAL DESCRIPTION: Lot B of AmRE-499, being part of the NW4 of Section 1, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including: Livestock Confinement Operations. LOCATION: East of and adjacent:o WCR 47, South of and adjacent to WCR 74. Julie Chester, Planner, presented Case USR-1282 and stated that although the request states it is a dairy, it is not and that the applicant would have to go through an amendment in order to change this site into a dairy. Julie noted that there are two existing SUP's on the property and that the animals are allowed on the site,that this application is to allow the higher number that Mr. Johnson would like to have. Julie noted that this application is for an animal confinement operation for 11,240 cattle and 20 horses and that the Department of Planning Services is recommending approval of this application. John Folsom asked if the SUP's will be vacated. Julie noted that this is one of the conditions prior to recording the plat. Michael Miller asked if there are only cattle on the site now. Julie noted there are also horses. John Johnson,Applicant, stated the following in response to questions from Michael Miller and John Eolsorm Mr.Johnson would like to add more pens and expand, noting that he has already removed the hogs from the site. Mr. Johnson stated that the purpose of this site is to feed the calves from dairies until they are old enough to go back to the dairies. John Johnson also noted that this allows dairies to keep their producing numbers up without having to count the calves at the site by having them fed off site at his facility. John Johnson also noted that this allows dairies to keep their producing numbers up without having to count the calves at the site by having them fed off site at his facility. Mr. Johnson noted there are about 3,500 animals on site at this time. John Johnson then noted that the dairies trade their young calves for the grown calves at Mr Johnson's site. Tom Haren, Representative to the applicant, noted that Mr Johnson has already started on getting the site updated and wants to be able to expand as the demand increases. Hello