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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glenn Vaad that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-505
APPLICANT: Douglas Myers c/o: James S. Hillhouse
ADDRESS: 9323 Weld County Road 70
Windsor, CO 80550
PLANNER: Todd A. Hodges
REQUEST: A Change of Zone from A (Agricultural) to PUD allowing Estate and Agricultural uses.
LEGAL DESCRIPTION: Lot B of RE -1211, located in the SE4 of Section 4, T6N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to Weld County Road 72; west of and adjacent to Weld County Road
19.
SIZE OF PARCEL: 68 acres, more or less.
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 28.5 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
28.7 of the Weld County Zoning Ordinance, as amended, as follows:
A. Section 28.7.1.2 -- The proposed change of zone is consistent with the intent of the Weld
County Comprehensive Plan, as amended, including Planned Unit Development and Urban
Growth Boundaries Goals and Policies.
1. PUD.Goal 2 states: 'Encourage creative approaches to land development which will
result in environments of distinct identity and character." It is staffs opinion that this
proposal has used a creative approach to preserving the most productive part of the
property and developing the less productive in a cluster style.
2. UGB.Policy 3.3 states: 'The proposed use is compatible with adjacent municipality's
comprehensive Plan." This proposal is located within the referral boundary of the
Town of Windsor. Windsor reviewed this proposal and indicated no conflicts exist.
B. Section 28.7.1.3 -- That the uses which would be allowed in the proposed Planned Unit
Development will conform with the Performance Standards of the Planned Unit Development
District contained in Section 35.5 of this Ordinance.
C. Section 28.7.1.4-- The uses which would be permitted shall be compatible with the existing
or future development of the surrounding area which include agricultural production and
971223
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RESOLUTION, Z-505
Douglas Myers c/o: James S. Hillhouse
Page 2
residential development. This proposal is east of and adjacent to Shiloh PUD and to the
north, east and south are agricultural and residential uses.
D. Section 28.7.1.5— That adequate water and sewer service will be made available to the site
to serve the uses permitted within the proposed Planned Unit Development District. Sewage
disposal is proposed to be individual septic systems. The proposed lot sizes meet the
required size requirements for adequate septic systems. The North Weld County Water
District will provide water service.
E. Section 28.7.1.6 -- That street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone district. The Weld County
Public Works Department has reviewed this proposal to ensure that the street facilities
providing access to this property are adequate in size. The comments of the Public Works
Department are covered in the conditions of approval.
F. Section 28.7.1.7 — That there has been compliance with the applicable requirements
contained in Section 21.5.1.5 of the Weld County Zoning Ordinance as follows:
1. The proposed development does not lie within the flood hazard overlay , the airport
overlay, or the geological hazard overlay districts.
2. The proposed development does not contain a commercial mineral deposit in a
manner which would interfere with the present or future extraction of such deposit by
an extractor to any greater extent than under the present zoning of the property.
3. Soil conditions on the site are not such that they present severe limitations to the
construction of structures or facilities proposed for the site. The construction of
residences on this site is covered by the conditions of approval.
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.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The Change of Zone plat map shall be submitted to the Department of Planning Services for recording
within 30 days of approval by the Board of County Commissioners.
2. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Sections 28.5.2 and 28.5.3 of the
Weld County Zoning Ordinance.
3. The PUD Change of Zone is conditional upon the following and that each be placed on the Change
of Zone plat as notes prior to recording:
A. The PUD District allows for Estate and Agricultural uses and shall comply with the PUD Zone
District requirements as set forth in Section 28 of the Weld County Zoning Ordinance, as
amended. The PUD shall consist of 4 PUD Estate lots and 1 PUD Agricultural lot.
971223:
Tammie Pope
Secretary
RESOLUTION, Z-505
Douglas Myers c/o: James S. Hillhouse
Page 3
B. The PUD shall be serviced by North Weld County Water District and sewage disposal shall
be from individual septic systems.
C. The site shall maintain compliance at all times with the requirements of Weld County Public
Works, Weld County Health Department, and the Sheriffs Department.
D. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance.
E. Outdoor storage shall be screened from public rights -of -way and adjacent properties.
F. Prior to release of building permits for residential structures, foundation plans shall be
submitted bearing the stamp of a Colorado Professional Engineer for review and approval by
the Weld County Building Inspection Department.
Motion seconded by Shirley Camenisch.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nickles
Marie Koolstra
Jack Epple
Shirley Camenisch
Arlan Marrs
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Tammie Pope, 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 May 6, 1997.
Dated the 6th of May, 1997.
971223
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