HomeMy WebLinkAbout20211240.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Troy Mellon, 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:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION
P U DZ21-0001
LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL
DIANA AUNGST
AMENDED PLANNED UNIT DEVELOPMENT CHANGE OF ZONE OF
CORRECTED LAKOTA LAKES (PZ-594) TO ALLOW ONE (1) SECOND SINGLE-
FAMILY DWELLING UNIT PER LOT IN THE PLANNED UNIT DEVLEOPMENT
ALL LOTS IN LAKOTA LAKES RANCH PUD CORR: BEING PART OF SECTION
29, T5N. R67W OF THE 6TH P.M., WELD COUNTY. COLORADO.
SOUTH OF AND ADJACENT TO CR 54; EAST OF AND ADJACENT TO CR 15.
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 27-5-30 of the
Weld County Code.
The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows:
A. Section 27-6-120.8.2. a - The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), and Chapter 24 (Subdivision) of the Weld County Code.
Section 22-2-30. C. 2. of the Weld County Code states: "Establish residential development options based
on compatibility, proximity to municipalities, and availability of services that reflect the desired density
and character of that location."
The proposed amendment is located in an existing 7 -lot Planned Unit Development (PUD). This PUD
is adjacent to Heritage Crossing Ranch PUD directly to the south. The proposed amendment will
allow second single-family dwellings on the lots which is not out of character with the area.
Section 22-2-30.8.2. of the Weld County Code states: "Urban -scale development shall only be placed
where urban services, including public water, are available."
The seven (7) residential lots are provided water service by a Little Thompson Water District (LTWD)
taps. LTWD stated, in the referral response, dated February 24. 2021. that the District's guideline is a
size limit of 1,000 square feet. In conversation with Jake Hebert, PE of the LTWD it was stated that a
variance may be applied for if the dwelling is greater than 1,000 square feet.
Sewage disposal is provided by individual on -site wastewater treatment systems (OWTS). New
septic system will be required for all second single-family dwellings.
Additionally, the rights -of -way and road to access the PUD have already been dedicated and built
and no other on -site or off -site improvements are required to accommodate the requested
amendment. No drainage or utility easements are proposed to be removed or changed.
8. Section 27-6-120.8.2. b - The uses which would be allowed in the proposed PUD will conform with the
Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld
County Code.
The proposed PUD conforms with the performance standards as outlined in Chapter 27. Article II,
Section 27-2-20 through Section 27-2-220 of the Weld County Code with the following exceptions:
Section 27-2-40. — Bulk Requirements - The applicant shall adhere to the uses and bulk requirements
of the E (Estate) Zone District with the exception that four (4) animal units shall be allowed on each
residential lot.
Section 27-2-200. - Uses — The applicant is requesting that a second single-family dwelling be
allowed on each residential lot.
C. Section 27-6-120.B.2.c - The uses which would be permitted shall 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 PUD is located within the 3 -mile referral area of the Towns of Windsor, Johnstown and Milliken,
the City of Greeley, and Larimer County. The Towns of Johnstown and Windsor responded with
referral responses dated February 11, and February 9, 2021, respectively and both indicated no
concerns. No referral response has been received from the City of Greeley, the Town of Milliken, or
Larimer County.
The PUD is located within the Coordinated Planning Agreement boundary for the Towns of Windsor,
Johnstown, and Milliken. As part of the pre -application process the municipalities were sent a Notice
of Inquiry (NCI} form. The Towns of Towns of Windsor, Johnstown, and Milliken submitted a signed
NCI form. All the NOls are dated August 17, 2020, and the NOls state that the municipalities have
no interest in annexing this property.
The Weld County Department of Planning Services sent notice to thirteen (13) surrounding property
owners within 500 feet of the PUD. No correspondence was received concerning this PUDZ.
D. Section 27-6-120.8.2.d - The PUB Zone District shall be serviced by an adequate water supply and
sewage disposal system in compliance with the Performance Standards in Article li the Weld County
Code.
Water is provided by the Little Thompson Water District. Sewer will be provided by individual on -site
wastewater treatment systems (OWTS). The application has satisfied Chapter 27, Article II, Section
27-2-176 and Section 27-2-210 of the Weld County Code in regard to water and sewer provisions.
The Little Thompson Water District evaluates the request for water service to proposed second
single-family dwelling through the commitment letter process on a case -by -case basis. A commitment
request is required to be submitted to the District for each proposed second single-family dwelling.
The District will evaluate the proposed second single-family dwelling and the projected water use. A
commitment letter with all requirements and provisions for water service will then be issued.
E. Section 27-6-120.B.2.e - The street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic requirements of
the uses of the proposed PUD Zone District
The existing residential lots in the PUD utilize the existing Lakota Lakes road.
F. Section 27-6-120.B.2.f - An of site road improvements agreement and an on -site improvements
agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a
road improvements agreement is complete and has been submitted, if applicable.
There is an existing Improvements Agreement for the PUD, reception number 330► 596, dated
August 2, 2005, for access onto CR 54. The collateral was released per Resolution #2014-0876. An
amended Improvements Agreement is not required.
G. Section 27-6-120.B.2.9 - There has been compliance with the applicable requirements contained in
Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and
soil conditions on the subject site.
The PUD is located in a Special Flood Hazard Area. Any new development will be required to submit
a Floodplain Development Permit if it is located in the floodplain.
The PUD is not located within an Airport Overlay, Geological Hazard Area, or MS4 Area.
H. Section 27-6-120.6.2.# - Consistency exists between the proposed zone district(s), uses, the specific
or conceptual development guide.
The submitted Conceptual Development Guide accurately reflects consistency with the performance
standards and allowed uses described in the Estate Zone District.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The amended PUD with Estate Zone District Uses plus second dwellings is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with a Statement of
Taxes from the Weld County Treasurer showing no delinquent taxes exist for each parcel.
(Department of Planning Services)
B. The applicant shall address the requirements of Front Range Fire Rescue, as stated in the referral
response dated February 9, 2021. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the concerns of the Public Works Referral relating to access
work to the access shall occur at the time of Freedom Parkway construction. (Department of Public
Works)
and that all
D. The plat shall be amended to include the following:
1. The plat shall be labeled PUDZ21-0001. (Department of Planning Services)
2. The applicant shall adhere to the plat requirements in preparation of the plat per Section 27-9-
20 of the Weld County Code. (Department of Planning Services)
3. Show and label all recorded easements, ditches and rights -of -way on the map by book and
page number or reception number. (Department of Planning Services)
4. County Road 54 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
5. Show and label the approved access locations, and the appropriate turning radii (65') on the
site plan. The applicant must obtain an access permit in the approved location prior to
construction. (Department of Public Works)
6. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
7 The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and
shall include the calculated volume. (Department of Public Works)
8. The applicant shall show the drainage flow arrows. (Department of Public Works)
9. The attached Plat Notes. (Department of Planning Services)
E. The Amended PUD is conditional upon the following and that each shall be placed on the Amended
PUD plat as notes prior to recording:
1. The purpose of this amended Planned Unit Development Change of Zone is to allow one (1)
second single-family dwelling per each residential lot. (Department of Planning Services)
2. The amended Planned Unit Development Change of Zone is from A (Agricultural) to PUD for
seven (7) residential lots and three (3) non-residential outlots as indicated in the application
materials on file in the Department of Planning Services. Lots one (1) through seven (7) will
adhere to the uses allowed in the E (Estate) Zone District, except four (4) animal units will be
allowed per lot and except for the allowance of one (1) second single-family dwelling per lot.
Outlots B, C, and D will adhere to the uses allowed in the A (Agricultural) Zone District, except
no residential structures shall be allowed. No animal units shall be allowed on Outlot B and C.
Outlot D shall be allowed seventeen (17) animal units. Lot 7 shall have a setback of one -
hundred eighty-nine (189) feet from any tank battery. The PUD will be subject to, and governed
by, the Conditions of Approval stated heron and all applicable Weld County Regulations.
(Department of Planning Services)
3. All landscaping within the site distance triangles shall be less than 3.5 feet in height at maturity.
(Department of Planning Services)
4. A Homeowner's Association has been established. 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. (Department of Planning Services)
5. The two (2) common open space outlots (Outlot B and Outlot C) shall be owned and
maintained by the Homeowners Association. The outlots are non -buildable for residential and
commercial structures or structures providing habitable space. (Department of Planning
Services)
6. No residential Building Permits shall be issued for outlots. (Department of Planning Services)
7. Basements will not be permitted within any structure. (Department of Planning Services)
8. A Flood Hazard Development Permit is required for all construction or development occurring
in the floodplain or floodway as delineated on Federal Emergency Management Agency
(FEMA) FIRM Community Panel Map It 08123C -1495F dated September 17, 2020 (Big
Thompson River). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements
as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-
made change to improved or unimproved real estate, including by not limited to buildings or
other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services - Floodplain)
9. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
10. If buildings requiring water and sewer are to be constructed, a Weld County On -site
Wastewater Treatment System (OWTS) Permit is required for both proposed lots septic
systems and shall be installed according to the OWTS Regulations. (Department of Planning
Services)
11. All development shall adhere to the requirements of Front Range Fire Rescue. (Department of
Planning Services)
12. Installation of utilities shall comply with the Subdivision Design Standards as listed in Chapter
24, Article III of the Weld County Code. (Department of Planning Services)
13. Internal road improvements have been completed for the PUD. No additional internal road
improvements are required under this amended PUD. (Department of Planning Services)
14. A portion of the property is located west of the Big Thompson River. This portion of the
property must be accessed from Lakota Lakes Ranch unless permission is granted by the
owners of the property to be crossed for emergency or maintenance needs. (Department of
Planning Services)
15. Potential purchasers are hereby notified that confined animal feeding operations are located
directly northeast and northwest of the site adjacent to County Road 54. 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. (Department of Planning
Services)
16. Water service may be obtained Little Thompson Water District. (Department of Public Health
and Environment)
17. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may
be by On -site wastewater treatment systems (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and Environment)
18. Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed. (Department of Public Health and Environment)
19. If required, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt fences
shall be maintained on the down gradient portion of the site during all parts of the construction
phase of the project. (Department of Planning Services)
20. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of the
Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must
be submitted. (Department of Planning Services)
21. In accordance with the Regulations of the Colorado Air Quality Control Commission, any
development that disturbs more than five (5) acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions. (Department of Planning Services)
22. If land development creates more than a 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 for a permit from the Colorado Department of Public
Health and Environment. (Department of Planning Services)
23. For the preservation and/or protection of the absorption field areas, activities such as
permanent landscaping, structures, dirt mounds, animal husbandry, or other activities that
would interfere with the construction, maintenance, or function of the fields, should be
restricted over the absorption field areas while in use. (Department of Planning Services)
24. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public
Works)
25. Weld County will not replace overlapping easements located within existing right-of-way or pay
to relocate existing utilities within the existing County right-of-way. (Department of Public
Works)
26. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
27. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public
Works)
28. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
29. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
30. Weld County is not responsible for the maintenance on onsite subdivision roads. (Department
of Public Works)
31. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the definition of
setback in the Weld County Code, the required setback is measured from the future right-of-
way line. No occupied building or structure shall be constructed within two hundred (200) feet
of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within
twenty-five (25) feet of any plugged or abandoned oil and gas well. (Department of Planning
Services)
32. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
33. Prior to the release of building permits, the applicant shall submit a recorded deed describing
the Lot upon which the building permit is requested with the building permit applications.
(Department of Planning Services)
34. A Plan Review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit. (Department of Planning Services)
35. Each building will require an engineered foundation based on a site -specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Planning
Services)
36. Building permits shall be obtained prior to the construction of any building. Buildings that meet
the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section
29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of
Compliance must be filed with the Planning Department and an electrical and/or plumbing
permit is required for any electrical service to the building or water for watering or washing of
livestock or poultry. (Department of Planning Services)
37. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Impact, County Facility Fee and Drainage Impact Fee Programs.
(Department of Planning Services)
38. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII of the Weld County Code. (Department of Planning
Services)
3911. The site shall maintain compliance at all times with the requirements of the Weld County
Department of Public Works, Public Health and Environment, Planning Services and all
applicable Weld County regulations. (Department of Planning Services)
40. No development activity shall commence on the property, nor shall any building permits be
issued on the property until the final plan has been approved and recorded. (Department of
Planning Services)
41. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and all applicable Weld County regulations. (Department of Planning
Services)
42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural
gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources
because (a) the State's commercial mineral deposits are essential to the State's economy; (b)
the populous counties of the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated to avoid waste of such
deposits and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into
these areas must recognize the various impacts associated with this development. Often times,
mineral resource sites are fixed to their geographical and geophysical locations. Moreover,
these resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
43. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run
agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch
burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of
nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of
aerial spraying. It is common practice for agricultural producers to utilize an accumulation of
agricultural machinery and supplies to assist in their agricultural operations. A concentration of
miscellaneous agricultural materials often produces a visual disparity between rural and urban
areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with
agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of State and County roads outside of municipalities. The sheer magnitude of the area to
be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the County, and the distances which must be traveled may
delay► all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond
to emergencies. County gravel roads, no matter how often they are bladed, will not provide the
same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's activities
is important, not only for their safety, but also for the protection of the farmer's livelihood.
F. The PUDZ plat shall be submitted to the Department of Planning Services' for recording within sixty
(60) days of approval by the Board of County Commissioners. (Department of Planning Services)
G. Prior to Construction:
1. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
Motion seconded by Tom Cope.
VOTE:
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Against Passage Absent
Dwaine Barclay
Sam Gluck
Troy Mellon
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 Commissioners for further proceedings.
Butch White
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 April 20, 2021.
Dated the 20th of April, 2021
113V66/11> eharLafraina
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 20, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call
Present: Troy Mellon, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope.
Absent/Excused: Butch White, Dwaine Barclay
Also Present: Diana Aungst, Michael Hall, and Angela Snyder, Department of Planning Services; Lauren
Light, Department of Health: Melissa King, and Zack Roberson, Department of Public Works; Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION
PUDZ21-0001
DZ21-0001
LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL
DIANA AUNGST
AMENDED PLANNED UNIT DEVELOPMENT CHANGE OF ZONE OF
CORRECTED LAKOTA LAKES (PZ-594) TO ALLOW ONE (1) SECOND SINGLE-
FAMILY DWELLING UNIT PER LOT IN THE PLANNED UNIT DEVLEOPMENT
ALL LOTS IN LAKOTA LAKES RANCH PUD CORR, BEING PART OF SECTION
29, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 54: EAST OF AND ADJACENT TO CR 15.
Diana Aungst, Planning Services, presented Case PUDZ21-0001, reading the recommendation and
comments into the record. Ms. Aungst noted that that no correspondence was received from surrounding
property owners in regard to this application. The Department of Planning Services recommends approval
of this application along with conditions of approval and plat notes.
Commissioner Holland asked if this request is being raised from the whole subdivision or an individual lot
in the subdivision. Ms. Aungst said that Ms. McGill approached the HOA and then the entire subdivision
wished to make the same request.
Commissioner Cope asked to clarify that the variance for water for the second home would be only if the
second home is no larger than 1000 square feet Ms. Aungst said that Little Thompson Water District will
allow a second home if the size is less than 1000 square feet. However, the variance that would need to
be acquired would be if the second home was greater than 1000 square feet.
Zack Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. Mr. Roberson stated that County Road 54, which is Freedom Parkway, is identified as having
an Access Control Plan. Included in this area is a capital improvements project to the west of this PUD that
will widen the roadway and bridge expansion on County Road 54. He added that during the review of this
application it was noted that back in 2014 the applicant was issued an access permit to access County
Road 54 directly The Access Control Plan, which was completed in 2018, identified this access point to
be closed and relocated to the internal paved road for the PUD. He recommended to adhere to the Access
Control Plan for the speed and expansion of that roadway.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Commissioner Cope referred to Lot 7 and according to the Assessor's map it includes two addresses. He
asked for clarification if there are already two homes there. Ms. Aungst said that he was correct and added
that the original address on Lakota Lakes Lane was the one that was established when the original
subdivision was created and then in 2014 Lot 1 built their home. She added that when they built their home
they requested access directly onto County Road 54 and when they did that the address changed to be
consistent with that access point. Ms. Aungst stated that the second address does not have any reference
to the fact that there is going to be two homes out there.
1
Jamie McGill, 7008 CR 54, Johnstown, Colorado, said that she is the owner of Lot 1 and when covid hit
there was some concern about distancing of loved ones and caring for people. She added that they
received 100% approval from the HOA in July and started the process then for limited use for family
members. She added that each lot is two to four acres in size.
Ms. McGill said that they were just notified of the access change on April 71h and added that she attended
the meeting in 2018 for Freedom Parkway. She said that the access is also the access for the Farmers
Ditch and believe that they would object to it. She added that they do have a meeting with Public Works
on April 23rd for follow up discussions. Ms. McGill said that the access was moved in 2014 based on the
easements and the concern of the safety of the utility boxes in place. She added that at the 2018 meeting,
they were assured that the County would not be taking that access and that they would provide a lane for
it because of the different uses. Ms. McGill said that it is a private gate with security cameras and have
upgraded the system in March. She said that they are definitely willing to work with the County and relocate
the access, if necessary, but request that it be moved at the time when construction begins. She provided
receipts of updating the current access and also has gotten financial estimates of relocating the access.
Commissioner Stille asked if the easement along County Road 54 is 140 -feet. Mr. Roberson said that
County Road 54 is an arterial roadway with 170 feet right-of-way. He added that it is currently being
designed for a four -lane roadway. Commissioner Stille asked the applicant to address the safety issue with
this access and the kind of traffic going onto County Road 54. Ms. McGill said that at the 2018 meeting
they understood that they would have to move the gate back and a turning lane would be installed.
Commissioner Cope understands the point of access and is shocked that the county ever approved it to
begin with. He added that it looks like it is less than 40 feet from the center of Ms. McGill's access to County
Road 15 and generally they want 330 feet spacing. Mr. Cope believes that when Freedom Parkway goes
through he agrees that the access should be closed for health and safety issues. Ms. McGill said that she
is not opposed to working things out, but was just startled that the request come on April 7'h and they had
no indication. She added that they upgraded their system last month and Public Works is asking them to
assume all liability financially and all that it entails so they are requesting a meeting with Public Works.
Commissioner Holland said that he doesn't understand why they are talking about solving this access issue
when the request is for a second dwelling unit.
Bob Choate, County Attorney, said this is a recommendation of approval that has been made by the
Department of Public Works to close and reclaim an access and then add an access onto an internal
subdivision road. He added that all properties within a PUD are required to have access to an internal
subdivision road. Mr. Choate said that Ms. McGill is pointing out that in her circumstance this will have a
substantial financial effect on her. He suggested that the Planning Commission talk about this after public
comment in determining whether you want to amend or delete the condition of approval that Public Works
is requesting.
Mr. Roberson said that when a plat is proposed to be modified, staff is reviewing that and comparing it to
current code. The access was granted in 2014 and the Access Control Plan was granted in 2018 so the
case coming through now does not meet current code. He added that the current access does not meet
current code which is why the recommendation of applying and adhering to the Access Control Plan and
also being consistent with Chapter 27 which states that all lots for a PUD shall be served by an internal
road. He further added that they are requesting to be consistent with the rest of their neighbors using the
internal roadway.
Commissioner Ford asked if the County would incur further costs if we delay the relocation of the access.
Mr. Roberson said if this project were to not to advance and the county was the one driving that relocation
then the county would be on the hook for incurring that cost. Since the county is not the driving force for
their project then he is not sure how that would be handled.
The Chair asked the County Attorney what the options are for this request. Mr. Choate said that there is a
condition of approval which requires the applicants to address the concerns that have been outlined in Mr.
Roberson's referral. If you agree with his recommendation, you do not need to make any extra motion
related to it. If you disagree with his request, then you can move to amend that condition of approval.
2
Commissioner Holland asked if it is appropriate to delay this and have the applicant work with Public Works.
Mr. Choate said that you have the option of continuing to a date certain. He added that the Board of County
Commissioners would continue their date as well.
Mr. Roberson reminded the Planning Commission that the Access Control Plan is agreed on by eight (8)
municipalities and if the County Commissioners would like to amend that it would need to go through the
full amendment process and it would be difficult for Public Works to support that amendment.
Commissioner Cope asked if there would be any objections to delaying the relocation of the access at the
time of construction of Freedom Parkway instead of forcing that to be part of this now. Mr. Roberson said
that his ability is to only follow the code, but they have a meeting schedule on April 23rd
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Agnew, 2638 Geranium, Ft. Collins said that he is looking forward to moving to Weld County and is
under contract to purchase Lot 1 from Ms. McGill. The request is for approval to allow second homes. It
seems that Public Works threw something in at the last minute. He added that they are not opposed to
moving the access when the time is right when County Road 54 is widened. There is a concern about how
much property is taken by the road but time is of the essence with the purchase of this property.
Benjamin Zander, 7132 Lakota Lakes, said that he lives on Lot 7 and added that all the homeowners got
together and agreed on the second dwelling units. He said that this changed last minute with the location
of the access and should be a separate issue to deal with at the time they deal with the widening of the
road. Mr. Zander said that it shouldn't negatively affect the remaining six lots.
Tara Richardson, 7182 Lakota Lakes, lives on Lot 2 and said that the entrance does affect them all;
however, Ms. McGill said that they will move it and just doesn't think this has anything to do with the second
homes.
Commissioner Hatch said that Mr. Agnew's comments regarding the sale of the property clouded the
application asked to clarify if this lot is for sale. Ms. McGill said that they are under contract and added that
it is in the Agnew's best interest to have a second dwelling unit. She said that they are not opposed to this
but believe that this change in access doesn't apply at this time of the second home request. When the
access needs to be moved at the time of widening Freedom Parkway that it be done then.
Commissioner Cope said that the problem is that for any land use request the County has to look at
everything based on the current County Code and Public Works has done it right. So, the problem is that
it needs to be addressed and resolved in the Resolution today but we don't necessarily have to have the
construction done today. He is in support of the idea that this get changed but not until the construction of
Freedom Parkway.
The Chair referred to the where the utilities are located and asked if there are any requirements by the
County on what the access size or scope of what that access should be. Mr. Roberson said that it could
be a two -track access. He said that it is the applicant's particular driveway so however they are happy with
it. He noted that they are only looking at the access point going off the County Road. Mr. Hatch clarified
that it would have potential to come into compliance by doing minimal improvements and expense.
Commissioner Cope asked Staff where it would be most appropriate to put a time frame of when the access
should be relocated. Mr. Roberson referred to Prior to Recording the Plat 1.C as that is where it is defined
in the referral.
Motion: Amend Condition of Approval 1.C to read 'The applicant shall address the concerns of the Public
Works Referral relating to access and that all work to the access shall occur at the time of Freedom Parkway
construction", Moved by Tom Cope, Seconded by Gene Stille.
Mr. Roberson said that with this amendment we also need to add additional language to state the Board of
County Commissioners would have to formally recommend that we modify the Access Control Plan.
Commissioner Cope said that they are not asking for the Access Control Plan to be modified as they are
willing to change the access, they just don't want to do it now.
3
The Chair called for the vote.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope, Troy Mellon.
The Chair asked the applicant if they have read through the amended Conditions of Approval and Plat
Notes and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDZ21-0001 to the Board of County Commissioners along with the amended
Conditions of Approval and Plat Notes with the Planning Commission's recommendation of approval,
Moved by Troy Mellon, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope, Troy Mellon.
Commissioner Stille said that based on Staff's excellent work in Section 27-6-120 and meeting all those
code requirements with professional interaction and is appreciative.
Commissioner Hatch said that he is torn and understands the comprehensive element of what needs to
happen and how things lined up from 2014 to 2018. He appreciates that this needs to happen procedurally.
He referred to Lot 1 being under contract to be sold and added that it clouds the situation for him to where
it is not necessarily the property owner's responsibility when they have one year to proceed on finishing
this project. He appreciates the issues at hand of the expenses and the fact that this is scheduled to be
widened anyway. However, in light of the motion and amendment he sees that this can proceed very well
for all individuals.
Meeting adjourned at 5:19 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
4
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