HomeMy WebLinkAbout20002794.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:
CASE NUMBER: Z-551
PLANNER: Sheri Lockman
APPLICANT: Cecil Farms
ADDRESS: 1639 35111 Ave Ct., Greeley, CO 80634
REQUEST: Planned Unit Development Change of Zone from A(Agricultural)Zone District to PUD v'iih
five E (Estate) lots and 7 54 acres of Common Open Space
LEGAL DESCRIPTION: Lot B AmRE-2019; being Part of the S2 of Section 1'1, T6N, R66W of 'he
6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 79 and IA mile east of Weld County Road 33
be recommended unfavorably to the Board of County Commissioners for the following reasons
1. The submitted materials are not in compliance with Section 6.4.3 of the Weld County Planned Ur:it
Development Ordinance#197 as follows:
A. Section 6.4.3.1.3 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 the Comprehensive Plan or Master Pl:jns
of affected municipalities.
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
This application has been determined to be in compliance with the proposed Amendment 24 to the Colon'do
Constitution of a new article XXVIII, as the development of land consistent with a valid development
application which had been filed as of September 13, 2000 pursuant to proposed Article XXVIII § 9 (2
The Change of Zone from Agricultural to PUD five Lot Residential Subdivision is conditional upon the
following:
1. Prior to scheduling a Board of County Commissioners hearing.
A. OG.Policy 1.1 of the Weld Comprehensive Plan states new planned unit developmenh it
subdivisions should be planned to take into account current and future oil and gas dril ing
activity to the extent oil and gas development can reasonably be anticipated."The applic e nt
shall either submit to the Weld County Department of Planning Services a copy of an
agreement with the properties mineral owners stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or show evidence that an adeqi.cite
attempt has been made to mitigate the concerns of the mineral owners. (Dept.of Planri ig
Services)
EXHIBIT
2000-2794
® 'µ$.: I
RESOLUTION, Z-551
Cecil Farms
Page 2
B. The applicant shall submit information regarding the proposal to build an agricultural
structure upon the common open space.The proposal shall include possible uses, location,
access, parking, whether the use will be limited to those within the PUG and any other
pertinent information. (Dept. of Planning Services)
C. On September 12, 2000 William Southard submitted a copy of a Right-of-way Exchange
Agreement to the Weld County Department of Planning Services. The applicant shall
submit to the Weld County Department of Planning Services either a copy of an agreement
with the owners of the irrigation tile referred to in the agreement or show evidence that an
adequate attempt has been made to mitigate the concerns of the owners. The agreement
shall stipulate that the irrigation tile has adequately been incorporated into the design of the
site. (Dept. of Planning Services)
2. The Change of Zone plat map shall be submitted to the Department of Planning Services for
recording within 60 days of approval by the Board of County Commissioners.
3. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall be amended as follows-
1) The current Right to Farm Covenant from the Weld County Comprehensive Plan
shall be added. (Dept. of Planning Services)
2) A Street name that does not dupLcate any other street in the mai ing district shall
be indicated. The Town of Eaton indicated In a referral response that the town
already has roads named Ponderosa Court, Ponderosa Place and Ponderosa
Street. (Dept. of Planning Services)
3) The internal roadway shall be extended to the end of Lot Five. (Dept. of Public
Works)
4) Primary and secondary septic system envelopes shall be designated on each lot.
Septic system envelopes shall meet the required setbacks as described in the
Weld County Individual Sewage Disposal System Regulations. (Dept of Publ c
Health and Environment)
5) The applicant shall submit soil borings and percolation tests on each lot End the
location of the proposed septic envelopes and the data shall be clone to evaluate
maximum season high groundwater conditions
B. The following shall be placed on the Change of Zone plat
1) Mail pick-up, bus stop location. (Dept. of Planning Services)
2) Location of any development sign. (Dept. of Planning Services)
3) Roadway cross-section. (Dept. of Public Works)
4) The location of the fire hydrant. (Dept. of Planning Services)
RESOLUTION, Z-551
Cecil Farms
Page 3
C. The following notes and information shall be delineated on the Change of Zone plat:
1) The Planned Unit Development shall consist of five(5) E (Estate)Zoned lo:s with
7.54 acres of Common Open Space. The Change of Zone allows for Estate uses
that shall comply with the Estate Zone District requirements as set forth in Section
36 of the Weld County Zoning.
2) A Weld County Septic Permit is required for each proposed home septic system
and shall be installed according to the Weld County Individual Sewage Disposal
System Regulations. (Dept. of Public Health and Environment)
3) Each septic system shall be designed for site-specific conditions, including but not
limited to maximum seasonal high groundwater, poor soils, and snallow bedrock
(Dept. of Public Health and Environment)
4) Water service shall be obtained from the North Weld County Water District for eacn
lot. (Dept. of Public Health and Environment)
5) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Se-vices)
6) Any signage located on the property shall require building permits and adhere to
Section 6.3.6.3 of the Weld County PUD Ordinance and Section 42.2 of the Weld
County Zoning Ordinance. (Dept. of Planning Services)
7) Activities such as landscaping (i.e. planting of trees and shrubs) and const-uction
(i.e. auxiliary structures, dirt mounds, etc.) are expressly prohibited in the
designated primary and secondary absorption field sites. (Dept. of Public Health
and Environment)
8) Directly north of the Planned Unit Development is an existing feedlot. The Feedlot
is legally permitted by Use by Special Review Permit 529 for ten thousand head of
cattle and is eligible to apply to expand.
91 The applicant shall obtain a storm water discharge permit from the Water Duality
Control Division of the Colorado Department of Public Health and Environrnert, If
required. (Dept. of Public Health and Environment)
10) During development of the site, all land disturoance shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Department of Public Health and Environment,
a fugitive dust control plan must be submitted. (Dept. of Public Health and
Environment)
11) 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. (Dept. of Pc bile
Health and Environment)
RESOLUTION, Z-551
Cecil Farms
Page 4
12) If land development creates more than a 25 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.(Dept.of Public Health
and Environment)
13) The applicant shall comply with Section 8.7 of the Weld County Planned Unit
Development Ordinance (Ordinance 197)as follows: Failure to submit a Planned
Unit Development Final Plan - If a PUD Final Plan application is not submitted
within two(2)years of the date of the approval of the PUD Zone District, the Board
of County Commissioners shall require the landowner to appear before it and
present evidence substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness and ability to continue with the
submittal of the PUD Final Plan. The Board may extend the date for the submittal
of the PUD Final Plan application and shall annually require the applicant to
demonstrate that the PUD has not been abandoned. If the Board determines that
conditions or statements made supporting the original approval of the PUG Zone
District have changed or that the landowner cannot implement the PUD Final Plan,
the Board of County Commissione-s 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)
14) The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and Environment, and
Planning Services.
4. The Final Plan application shall adhere to Section 7.3 of the Weld County PUD Ordinance #197,
and shall specifically address the following:
A. The application indicates irrigation watering is to be provided by the L.arimer & Weld
Irrigation Company and The Lucas Lateral Ditch Company. Ownership of the water shares
shall be addressed. (Dept. of Planning Services)
B. The applicant shall submit evidence to the Department of Planning Services from the Ea':on
School District indicating that a School Service Agreement has been reached. (Dept of
Planning Services)
C. The Final Plan application shall include an amended Improvements Agreements to i iclude
additional road costs and more specific landscaping information.
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 :n the designated absorption field
site. (Dept. of Public Health and Environment)
5. Prior to excavation or construction
A. The applicant shall meet all Weld County Department of Building Inspection criteria as listed
on the referral dated January 7, 2000. (Dept. of Building Inspection)
RESOLUTION, Z-551
Cecil Farms
Page 5
B. The applicant shall meet all Colorado Geological Survey criteria as listed on the referral
dated January 10, 2000. (Dept. of Building Inspection)
6. Prior to the release of any building permits.
A. The applicant shall supply designated street signs and a stop sign at the appropriate
location adjacent to Weld County Road 70 and the entrance to the subdivision. (Dept of
Public Works)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Fred Walker
Arlan Marrs Michael Miller
John Folsom Cathy Clamp
Bryant Girnlin
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.
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 October 3rd, 2000.
Dated the 3rd of October, 2000.
IT i
ZOOb A
Trisha Swanson
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 4
Jack Epple moved that Case USR-1286 be forwarded to the Board of County Commissioners along with h
Conditions of Approval and Development Standards with the Planning Commissions recommendation r,f
approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Jr no
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nick]as..
yes. Motion carried unanimously.
Jack Epple moved to note that Case USR-1286 was in compliance with the proposed Amendment 24 Bry t' t
Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decisior J( ho
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicki ,.
yes. Motion carried unanimously.
— CASE NUMBER: Z-551
APPLICANT: Cecil Farms/ Ponderosa Estates
PLANNER: Shed Lockman
LEGAL DESCRIPTION: Lot B of AmRE-2019; being part of the 52 of Section 11, T6N, R56',/\/ of :re
6th P.M., Weld County, Colorado
REQUEST: Planned Unit Development Change of Zone from A (Agricultural) zone district to PIJD vith
five (5) E (Estate) lots, and 7.5 acres of open space.
LOCATION: North of and adjacent to WCR 70; east of WCR 33.
Shen Lockman, Planner, presented Case Z-551 and read the Department of Planning Services
recommendation for approval into the record, noting that the Department of Planning Services did have
concerns regarding the 5,000 head feet lot directly to the north of the proposed subdivision. Ms Lockman
further noted that the City of Greeley had recommended denial. Also, the city requested he have the road
paved. Planning Staff recommended the road be gravel since it is a non-urban scale subdivision access&g
from a gravel road.
Todd Hodges, Representative for the applicant, handed out a packet that addressed many of the concerns
of the surrounding property owners. Mr. Hodges noted that the North Weld County Water District had stated
that the water supply is going to be adequate for the homes proposed on the site. Mr. Hodges notec that tl e
soils are not prime, according to several maps and a soil survey. Also, the addition of the four house is
equivalent to an additional 2 recorded exemptions in the area, as there are already several recorded
exemptions currently in the area. Mr. Hodges also noted that they do not like the following Cond tions. of
Approval: #1. A, #1. B, #1. C, and #3. A 3. Mr. Hodges noted that there are 24 mineral owners associated
with the property and he feels that the surrounding property owner letters were adequate notification for his
case and would prefer to not have Condition of Approval #1. A cover this. Todd Hodges also noted tl-e
applicant feels that Condition of Approval #1. C is covered as the applicant is placing a 20' easement in tl ie
area of the tiles and that this easement is within the 60' right-of-way requested by the county, leaving I he
chance to develop and damage the drain tiles. Finally, Mr. Hodges noted that the new configuration of the
internal roadway will be brought before the Board of County Commissioners for approval of length beyond tl ie
allowed length, as the road is being reconfigured at the request of Public Works. Mr. Hodges added that the
early water rights will be dedicated to the Homeowner's Association at the final plat, noting that these are e irly
water rights only.
Arlan Marrs asked if the feed lot pens were against the property line. Todd Hodges noted that they are, but
that most of the property line that is adjacent to the pens is the green belt Stephen Mokray asked how many
head were allowed on the feed lot. Mr. Hodges noted that 10, 000 head are allowed.
The Chair asked if there was anyone in the audience who wished to speak for or against this applicatio
11 EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 5
Chris Michael, a nearby property owner, noted that he does not feel this subdivision is consistent, as most of
the homes in the area are several hundred feet apart. Mr. Michael also noted that this property has always
been farmed, even if the applicant says it is not prime. Chris Michael noted that the applicant bought the
property with the knowledge that it was less than 80 acres to farm, and feels the applicant may have been
speculating. Mr. Michael also noted that the water pressure in the area is not sufficient, in spite of what North
Weld Water has stated. Cristie Nicklas asked how many acres Mr. Michael has and if he makes a livinc
farming. Mr. Michael noted that he has 80 acres and he does not make a living farming.
Sunny Schneider, the owner of the feed lot to the north, stated that they have had a feed lot at this site since
1933 and there are always going to be a scent and flies along the fence line and that the subdivision nook
be downwind of the feet lot. Mr. Schneider noted that there is not enough water for the cattle on the North
Weld line, so how can there be enough for 4 more homes. Cristie Nicklas asked how far the lagoons are from
the property line. Mr. Schneider noted there are about 400 feet. Mr. Schneider also asked about the access
road and power line located along the property in consideration.
Derek Schneider noted that he has farmed the land under consideration and produced 35 bushels of Leans
but':hat the land has not been fertilized recently, which may account for the state of the soil.
John Leffler, a property owner to the east, noted that he fees the feed lot situation will be a large conf ict 'or
the site.
William Southern, a representative for the Beard property to the southwest, noted that he is concerned with
the effect on the drain tiles to the Beard tree claim property
Kathleen Ottoson, a surrounding property owner, noted that she feels the quality of life will be decreased arc
that the traffic on the road is already too busy. Ms. Ottoson noted that she does not feel the road ca.n handle
the extra traffic.
Mike Unrein, a nearby property owner, noted that the land was farmed until Mr. Ulmer put the property to
grass, and noted that the placement of the future oil well may not be accessible to the mineral owners who
may want to develop their rights.
Todd Hodges noted that some of the subdivision lots are larger than surrounding recorded exemption lots.
and that the lots will not sell if the applicants are uncomfortable with the nearby feed lot. Mr. Hodges also
noted that they have to accept the water district's decision that they are capable of providing the water to the
homes. Mr. Hodges also noted that the tiles are covered by an easement.
Cristie Nicklas asked about the access for the mineral development. Mr Hodges noted that they left 30' at
the end of the cul-de-sac for access.
Nolan Ulmer,Applicant, noted that the land has not been productive for him and that the choice of buyir g next
to a feed lot is up to the buyer.
Vernon Cecil,Applicant, noted that they plan on protecting the tile and that the power line will probably be run
from WCR 70.
Cristie Nicklas asked if the applicant was comfortable with the conditions. Mr. Hodges noted that he would
like to see changes to Conditions of Approval #1. A, #1. C, #3. A. 3, and some flexibility to Condition of
Approval #4. A, but that he is comfortable with the rest of the conditions.
Diane Houghtaling noted that she would like to change Condition of Approval #3. A. 3 to read "The internal
roadway shall be extended to the beginning of Lot Five with an access restriction on Lot 5 to prevent parallel
driveways with the open space. An additional emergency turnaround shall be required and the right-of-way
for the internal roadway shall be dedicated to the county." Todd noted that they would only want to do this if
the fire district requested this. Diane also noted that 1900 feet is excessive for the length of the access road.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 6
Monica Daniels-Mika, Director of Planning Services noted that the length of the road may require the home
to be sprinklered, that this would be dependent upon the Uniform Building Code (UBC). Mr. Hodges noted
that they would like flexibility to work with Public Works, the fire district, and the UBC.
Arlan Marrs noted that the addition of the 2nd cul-de-sac would not slow traffic, that one would probably be
sufficient. Mr. Marrs also noted that the access for the house and the open space area would probably be
a very minimum impact for people driving into the subdivision.
Ms. Daniels-Mika suggested that the decision for the road could be made at the final plat process
Parrs Smith noted that she would like to add a Condition of Approval to ask for a soil boring and sep is
envelope on each lot and an indication of seasonal ground water. Todd Hodges noted that they would do th s
Bryant Gimlin moved to add Condition of Approval #3. A. 5 to read "The applicant shall submit soil boring•
and percolation tests on each lot and the location of the proposed septic envelopes and the data shall be done
to evaluate maximum season high groundwater conditions." Stephen Mokray seconded the motion.
Arlan Marrs noted that he feels that Condition of Approval#3. C. 3 covers this, but is not strongly opposed tc
the addition.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Join(
Folsom, yes; Arlan Marrs, no; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas
yes. Motion carried unanimously.
Bryant Gimlin moved to change Condition of Approval #4. A. to read "adcressed" instead of"transferred to
the Homeowner's Association." Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Jonnr
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas
yes. Motion carried unanimously.
Cristie Nicklas commented that she finds a real problem with houses near a feed lot. She noted that thee
are several feed lots in the area and that people do not understand the possible problems until they live nea:
it. She also commented that the area would accommodate estate lots well.
John Folsom commented that he does feel that PUD estate lots do urbanize areas, but will eventually h
surrounded by the city where lots are on a sewer system.
Bryant Gimlin noted that he is concerned with the proof of adequate water. Mr. Gimlin noted that someone
is going to gripe, but the right-to-farm is tough about that.
Arlan Marrs noted that he is an advocate of personal property rights and the build up considerable
development in Weld County could be alleviated by the small subdivision Nonetheless, Arlan noted that as;
more people are buying lots near feed lots and dairies,this affects the picture they see of all the feed industry
and that this can affect votes on such things as Amendment 14 and he cannot support this subdivision.
Stephen Mokray noted that the past history of subdivisions near feed lots shows that residents become a thor,
in the side of the feed lot operator
Jack Epple moved that Case Z-551 be forwarded to the Board of County Commissioners along with 'he
Conditions of Approval with the Planning Commissions recommendation of denial,citing a lack of compatibility
with surrounding land uses,noting that the application was in compliance with the proposed Amendment 2e,
Stephen Mokray seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 7
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; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nickles.
yes. Motion carried unanimously
Meeting adjourned at 4:50 p.m.
Respectfully subm d
Tr sha Swanson
Secretary
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