HomeMy WebLinkAbout20190025.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, 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 DZ 18-0002
DAVID KEISER AND HARRY STROHAUER
CHRIS GATHMAN
A PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FROM A (AGRICULTURAL) TO PUD FOR NINE (9) RESIDENTIAL LOTS WITH
ESTATE ZONE DISTRICT USES ALONG WITH 5.916 ACRES OF OPEN SPACE.
LOT B REC EXEMPT RE -3703; PART NE4 SECTION 5, T4N, R65W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 50 AND WEST OF AND ADJACENT TO CR
41.
be recommended favorably to the Board of County Commissioners for the following reasons:
CASE SUMMARY:
The applicant is proposing a nine (9) lot Planned Unit Development (PUD) along with 5.916 acres of open
space. The open space consists of a buffer from County Road 50 and a trail along the perimeter of the site
and adjacent to the interior roadway. The applicant is requesting a waiver from the 15% open space
requirement. Open space is required for PUDs considered urban scale development. Urban scale
development is defined as developments exceeding nine (9) lots and/or located in close proximity to existing
PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. This PUD is considered
u rban scale because it is located within the boundaries of the LaSalle/Weld County Cooperative Planning
Agreement and the Evans/Weld County Cooperative Planning Agreement (though the Evans agreement was
e nacted after this application was submitted). The PUD is proposed to be served by the Central Weld County
Water District and sewage will be provided by individual septic systems.
The nine (9) residential lots are proposed to be adhere to the Estate Zone District with the exception that:
n o mobile homes or modular homes will be allowed and not more than one (1) large animal will be allowed on
any lot. Additionally, no swine will be allowed and no more than ten (10) small animals will be allowed per lot.
There is an existing oil and gas tank battery and oil and gas wells on the property. Of the five (5) wells on the
property, three (3) wells are indicated as shut in and two wells are listed as active. Any development on the
site will need to meet setbacks (150 -feet from wellheads, 25 -feet from plugged and abandoned wells and 200 -
feet from tank batteries) delineated per Section 23-3-440.L the Weld County Code.
1. The submitted materials are in compliance with the application requirements of Section 27-5-30 of the
Weld County Code.
2 The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows:
A. Section 27-6-120.B.6.a - The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26
(Mixed Use Development) of the Weld County Code.
Section 22-2-120 R.Goal 1. states: "Ensure that adequate services and facilities are currently
available or reasonably obtainable to serve the residential development or district."
The proposed PUD will be served by public water (Central Weld County Water District) and
o nsite wastewater treatment systems (OWTS).
Section 22-1-120 C. R.Goal 3. states: "Consider the compatibility with surrounding land uses,
n atural site features, nearby municipalities' comprehensive plans and general residential
growth trends when evaluating new residential development proposals."
RESOLUTION PUDZ18-0002
DAVID KEISER AND HARRY STROHAUER
PAGE 2
The proposed PUD is located on property being cultivated for crops and is surrounded on all
sides by cultivated farmground The proposed PUD is located approximately'/ mile east of
the municipal limits of the Town of LaSalle
The Town of LaSalle indicated no conflicts with their interests in their referral dated
10/24/2018
B Section 27-6-120 B 6 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
Section 27-2-20 (Access Standards) of the Weld County code states "All PUD developments
will be served by an internally paved road system according to County standards "
The applicant is requesting a waiver from this requirement The proposed access is onto
County Road 50 (which is a paved road) The Department of Public Works is not in support of
this request
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate) Zone District for the nine (9) residential lots with the exception
that 1) no mobile homes or modular homes will be allowed and that 2) No more than one (1)
large animal (horses, cattle, mule, burro, sheep, llama, alpaca or any similar size animal) will
be allowed per acre, no swine are allowed and no more than ten (10) small animals (poultry,
rabbit or any similar sized farm animal) are permitted on any lot
Section 27-6-80 B 7 states "All urban scale development PUDs containing a residential
element shall provide for a fifteen -percent common open space allocation, unless otherwise
stated in Chapter 26 of this Code "
The proposed PUD is located within boundaries of the Lasalle IGA The 15% common open
space allocation applies to this PUD
Section 27-2-60 states "Common open space is defined as any usable parcel of land or water
unimproved and set aside, dedicated, designated or reserved for public or private use or for
the use and enjoyment of owners or occupants of land adjoining or neighboring such area
Common open space includes landscape areas that are not occupied by buildings or uses
such as storage or service areas, private courtyards, parking lots and islands In all PUD
districts, except for those containing residential uses, common open space may include
landscape setbacks adjacent to roadways, where the setbacks are not utilized as parking or
storage areas The amount and type of common open space provided in a PUD Zone District
shall be proportional to the intensity of the zone districts called for in the PUD or uses
specified in the application, unless specifically delineated in Chapter 26 Common open
space shall be designed to be useful to the occupants and/or residents of the PUD Zone
District for recreational and scenic purposes Common open space in the PUD Zone District
shall be owned and maintained in perpetuity by an organization established specifically for
such ownership and maintenance purposes "
The applicant is requesting a waiver from the 15% common open space allocation
requirement due to the large lot sizes They are proposing 11% open space (5 916 acres
including a trail along the perimeter of the property and the drainage area adjacent to County
Road 50 to serve as a buffer between the residential lots and the road
Given that the property is surrounded by agricultural land and'/ mile from the boundary of
the Town of LaSalle, staff is in support of request 15% common open space waiver
C Section 27-6-120 B 6 c - That 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
RESOLUTION PUDZ18-0002
DAVID KEISER AND HARRY STROHAUER
PAGE 3
master plans of affected municipalities
The proposed PUD is located within the City of Greeley, City of Evans and Town of LaSalle
The proposed PUD is also located within the Cooperative Planning Agreement boundary for
the Town of LaSalle and the City of Evans This change of zone application was submitted for
review in July of 2018, prior to the City of Evans Cooperative Planning Agreement being
enacted on 8/13/2018 The Town of LaSalle, in their letter dated 9/27/2018 indicated that they
had no issues with proceeding with the county application and not annexing at this time
The City of Greeley, in their referral dated 10/16/2018, indicated no conflicts with their
interests Town of LaSalle, in their referral dated 10/24/2018, indicated no conflicts with their
interests and stated that annexation timing for the applicant is likely not feasible for this time
but could be later No referral response has been received from the City of Evans regarding
this application
D Section 27-6-120 B 6 d - That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article
II the Weld County Code
The proposed PUD lots will be served by public water (Central Weld County Water District)
and onsite wastewater treatment systems (OWTS)
The Weld County Department of Public Health and Environment indicated in their referral
dated 11/5/2018 that the application has satisfied Chapter 27 of the Weld County Code in
regard to water and sewer service
The On -site Waste Water Treatment System (OTWS) report dated April 2017 indicated that
the soils on site have rapid permeability characteristics which may require engineered septic
systems on lots Groundwater levels fluctuate seasonally so individual test pits are required
for each lot when septic permits are applied for
The Colorado Division of Water Resources stated in their referral dated 10/10/2018 stated
that it is their opinion that the water supply for the proposed PUD is adequate and can be
provided without injury to decreed water rights
E Section 27-6-120 B 6 e - That 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 proposed PUD borders County Road 50 and County Road 41 which are respectively
identified as a local road (paved) and a local road (gravel) The PUD is proposing to access
onto County Road 50 (a paved road)
F Section 27-6-120 B 6 f - An off -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
At Final Plan, Public Works is requiring an Improvements Agreement for on -site PUD
improvements, per Chapter 24, Article 9, Section 24-9-20 This agreement will include on -site
improvements associated with the development Collateral is required to ensure the
improvements are completed and maintained Prior to recording the Final Plan, the applicant
shall provide construction drawings to be reviewed by Public Works
G Section 27-6-120 B 6 g - That 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.
RESOLUTION PUDZ18-0002
DAVID KEISER AND HARRY STROHAUER
PAGE 4
The site is not located within the Airport, Geohazard, floodplain or MS4 boundaries
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs
H Section 27-6-120 6 B h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide
The applicant is requesting that this PUD be approved as a specific development vs a
conceptual development per Section 27-6-20 of the Weld County Code In the application and
in subsequent conversations with the applicant, the applicant is requesting a waiver from the
15% common open space requirement and keep open space at 11% Staff is in support of
the requested open space waiver because the proposed PUD is surrounded by agricultural
uses and is not in close proximity to any existing subdivisions
Section 27-2-20 (Access Standards) of the Weld County code states "All PUD developments
will be served by an internally paved road system according to County standards " The
applicant is proposing a gravel internal road and is requesting a waiver from the paving
requirement The applicant is requesting a waiver from this requirement The proposed
access is onto County Road 50 (which is a paved road) The Department of Public Works is
not in support of this request
Staff recommends approval of this PUD as a specific development
This approval recommendation is based upon compliance with Chapter 27 requirements
The Change of Zone from (A) Agriculture to PUD with E (Estate) Zone uses is conditional upon the following
1 Prior to recording the Change of Zone 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
the original parcel (Department of Planning Services)
B If paving is required, the applicant shall provide a pavement design for the subdivision road
prior to recording the Change of Zone Plat (Department of Public Works)
C The applicant shall attempt to address the comments of the Union Ditch Company as stated
in their referral comments received 10/17/2018 Written evidence of such shall be provided to
the Department of Planning Services (Union Ditch Company)
D The applicant shall address the requirements of the Weld RE -1 School District as stated in
their referral comments dated 10/8/2018 Written evidence of such shall be provided to the
Department of Planning Services (Weld RE 1 School District)
E The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators The plat shall be amended to include
any possible future drilling sites and/or setbacks (Department of Planning Services)
F The plat shall be amended to include the following
1 All pages of the plat shall be labeled PUDZ18-0002 (Department of Planning
RESOLUTION PUDZ18-0002
DAVID KEISER AND HARRY STROHAUER
PAGE 5
Services)
2 The applicant shall adhere to the plat requirements in preparation of the Change of
Zone plat per Section 23-2-690 of the Weld County Code (Department of Planning
Services)
4 All recorded easements shall be shall be shown and dimensioned on the Change of
Zone plat (Department of Planning Services, Department of Public Works)
5 County Road 50 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 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)
6 County Road 41 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 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)
7 Setbacks radiuses from existing oil and gas wells and tank batteries shall be
indicated (Department of Planning Services)
G The Change of Zone is conditional upon the following and that each shall be placed on the
Change of Zone plat as notes prior to recording
1 The site -specific development plan is for a Change of Zone from (A) Agriculture to
PUD for nine (9) Residential Lots with Estate Zone Uses along with Common Open
Space and subject to and governed by the Conditions of Approval stated hereon and
all applicable Weld County Regulations (Department of Planning Services)
2 The Bulk Standards Requirement as delineated in Section 23 3 440, for the Estate
Zone District shall be adhered with the exception that
No mobile homes or modular homes will be allowed, No more than one (1) large
animal (horses, cattle, mule, burro, sheep, llama, alpaca or any similar size animal)
will be allowed per acre, no swine are allowed and no more than ten (10) small
animals (poultry, rabbit or any similar sized farm animal) are permitted on any lot
(Department of Planning Services)
3 Water service shall be obtained from Central Weld County Water District
(Department of Public Health and Environment)
4 The parcel is currently not served by a municipal sanitary sewer system Sewage
disposal may be by septic systems designed in accordance with 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)
5 Activity or use on the surface of the ground over any part of the Onsite Wastewater
Treatment System (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 integnty or capability of the component
to function as designed (Department of Public Health and Environment)
6 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 Weld County Environmental Health Services, a fugitive dust control
plan must be submitted (Department of Public Health and Environment)
RESOLUTION PUDZ18-0002
DAVID KEISER AND HARRY STROHAUER
PAGE 6
7 If land development creates more than a 25 -acre contiguous disturbance, or exceeds
6 months in duration, the responsible party shall prepare a fugitive dust control plan,
submit an air pollution emissions notice application, and apply for a permit from the
Colorado Department of Public Health and Environment (Department of Public
Health and Environment)
8 The historical flow patterns and runoff amounts on the site will be maintained
(Department of Public Works)
9 Weld County is not responsible for the maintenance of onsite drainage related
features (Department of Public Works)
10 The property owner shall control noxious weeds on the site (Department of Public
Works)
11 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)
12 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)
13 Weld County is not responsible for the maintenance of onsite subdivision roads
(Department of Public Works)
14 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)
15 Personnel from Weld County Government 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 Development Standards stated herein and all applicable Weld
County regulations (Department of Planning Services)
16 The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and the Environment, and
Planning Services, and adopted Weld County Code and Policies (Department of
Planning Services)
17 The applicant shall comply with Section 27-8-50 Weld County Code, as follows
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within three (3) 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 submission of the PUD Final Plan The Board may extend the date
for the submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned If the Board
determines that conditions or statements made supporting the original approval of
the PUD Zone District have changed or that the landowner cannot implement the
PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke
the PUD Zone District and order the recorded PUD Zone District reverted to the
original Zone District (Department of Planning Services)
18 The PUD Final Plan shall comply with all regulations and requirements of Chapter 27
of the Weld County Code (Department of Planning Services)
19 No development activity shall commence on the property, nor shall any building
permits be issued, until the final plan has been approved and recorded This does
RESOLUTION PUDZ18-0002
DAVID KEISER AND HARRY STROHAUER
PAGE 7
not apply to the existing residence on the site (Department of Planning Services)
20 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 person
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
21 WELD COUNTY'S RIGHT TO FARM STATEMENT 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
RESOLUTION PUDZ18-0002
DAVID KEISER AND HARRY STROHAUER
PAGE 8
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, sandburs,
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
H In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should
the plat not be recorded within the required one -hundred twenty (120) days from the date of
the Board of County Commissioners Resolution, a $50 00 recording continuance shall be
added for each additional three (3) month period (Department of Planning Services)
I With the Change of Zone plat map, the applicant shall submit a digital file of all drawings
associated with the Change of Zone application Acceptable CAD formats are dwg, dxf,
and dgn (Microstation), acceptable GIS formats are shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00 The preferred format for Images
is of (Group 4) (Group 6 is not acceptable) (Department of Planning Services)
Motion seconded by Elijah Hatch
VOTE
For Passage
Bruce Sparrow
Michael Wades
Gene Stile
Lonnie Ford
Richard Beck
Elijah Hatch
Against Passage
Absent
Bruce Johnson
Tom Cope
Skip Holland
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, Michelle Wall, 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 December 18, 2018
Dated the 18th of December, 2018
`inecilL €e, cZG• W M --
Michelle Wall
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 18, 2018
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,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch.
Absent: Bruce Johnson, Skip Holland.
Also Present: Kim Ogle, Chris Gathman, and Angela Snyder, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano, and Mike McRoberts, Public
Works; Frank Haug, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the December 4, 2018 Weld County Planning Commission minutes, Moved by Gene
Stille, Seconded by Elijah Hatch. Motion passed unanimously.
CASE NUMBER: PUDZ18-0002
APPLICANT: DAVID KEISER AND HARRY STROHAUER
PLANNER: CHRIS GATHMAN
REQUEST: A PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FROM A (AGRICULTURAL) TO PUD FOR NINE (9) RESIDENTIAL LOTS WITH
ESTATE ZONE DISTRICT USES ALONG WITH 5.916 ACRES OF OPEN SPACE.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3703; PART NE4 SECTION 5, T4N, R65W OF THE
6TH P.M., WELD COUNTY COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 50 AND WEST OF AND ADJACENT TO CR
41.
Chris Gathman, Planning Services, presented Case PUDZ18-0002, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Beck asked if the animal restriction under the Bulk Standards Requirement as delineated in
Section 23-3-440 was standard requirements or if the exception was specific for this case. Staff replied
that the animal limits are specific to what animals will be allowed in the PUD. Commissioner Beck asked
what the limit of large animals such as horses was. Staff said there is no more than one large animal such
as horses and cattle per acre. Commissioner Beck confirmed it was per acre, not per lot. Staff agreed.
Commissioner Sparrow asked staff if the applicant put the one large animal per acre in the development
standards. Staff said the applicant did; they wanted a stricter standard.
Commissioner Cope excused himself from the case because the company he works for has worked on this
project.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Commissioner Wailes asked what tracking control was. Staff reported that based on the Institute of Traffic
Engineers approximated production of trips per lot and the number of lots, it would trigger the requirement
for a tracking control device, 100 feet of asphalt or 300 feet of asphalt at the entrance. Commissioner
Wailes asked how long the driveway was from Union Drive. Staff replied it was approximately 1,300 -
1,400 feet long.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Mr. Gathman stated that after reading the note on the plat regarding the Bulk Requirements animal limits
and reviewing County Code, he isn't sure this is something the County can put as a restriction. He feels
this is something the applicant could restrict in their covenants. Mr. Haug stated he agreed that the
applicant would need to restrict the animal limits in their covenants. Mr. Haug said the purpose of the Bulk
Requirements is to make sure there is enough land for the animals.
Sherri Lockman, Lockman Land Consulting, 36509 County Road 41, Eaton, Colorado, said that Mr.
Strohauer and Mr. Keiser have worked very hard to put this application together. She said they both live in
the area and have a personal investment in the project.
Ms. Lockman said there are five requirements remaining on staff comments that are not related to the plat.
She said she wished to comment on four of them.
Ms. Lockman asked if the school district requirement for the cash in leu fee could be paid prior to the final
plat instead of the change of zone plat on the Change of Zone Condition of Approval 1.D.
In the Change of Zone Condition of Approval 1.E, Ms. Lockman feels the applicant has already meet the
agreement with the mineral owner. Mr. Strohauer has been working with a representative from Noble
Energy to ensure the criteria is met and there are no conflicts between the surface interests. She said
Noble has not requested an agreement. Ms. Lockman said the well located on the western portion of the
property has been removed and the flow line that crossed the property has been abandoned.
In the Change of Zone Condition of Approval 1.C., it states the applicant shall attempt to address the
comments of the Union Ditch Company. Ms. Lockman submitted an exhibit to Mr. Haug that included
emails between herself and representatives from the ditch company that include the two agreements the
ditch company has proposed. Ms. Lockman said they do not agree on the agreements from the ditch
company. She said they will continue to work with them.
Ms. Lockman said the applicant is requesting a waiver from the internal paved road system according to
County standards. It is their hopes they can construct the road from 100 feet of pavement and a cattle
guard. Ms. Lockman said that pavement deteriorates if it does not get enough traffic.
Ms. Lockman asked Ms. Balzano if the horseshoe drive she requested be abandoned was the road by the
oil and gas tanks. Ms. Balzano said that was correct. Ms. Lockman stated she did not agree that should
be a condition of approval. She does not feel they should be responsible for the oil and gas entities and
their existing accesses.
Commissioner Beck asked Ms. Lockman if there was going to be a home owners association. She said
yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
There was further discussion about the animal limits. Ms. Lockman explained they would be fine with the
language as is and noting it would be enforced by the HOA. She wants the note on the plat. Commissioner
Beck said he believes HOA requirements could be made a matter of record without the involving the County.
Motion: Remove Condition of Approval G.2. prior to recording the Change of Zone Final Plat. Moved by
Richard Beck, Seconded by Gene Stille. Motion passed unanimously.
The Chair asked Ms. Lockman what she was requesting with the Condition of Approval 1.D that regards
school district fees. Ms. Lockman said it was her understanding it could be removed and Staff would
address this condition at the Final Plat.
Motion: Remove Condition of Approval 1.D. Moved by Richard Beck, Seconded by Elijah Hatch.
Motion passed unanimously.
Commissioner Wailes asked the Planning Commission if they have had a chance to review the emails
between the applicant and the Union Ditch Company. Commissioner Beck asked for a brief summary of
what the issue is. Ms. Lockman explained the ditch company does not want to liable if something bad
happened on any of the lots. The applicant feels they should hold some liability. Commissioner Beck
stated he felt the applicant and ditch company should work this issue out with each other. Ms. Lockman
explained she isn't asking for the condition to be removed, she is saying she feels they have already met
the criteria.
The Chair asked Ms. Lockman if there was any open space. She explained there is a trail. The applicant
is proposing 11% open space (15% is required) including the trail.
Commissioner Sparrow said he would agree to waive the open space requirement because of the large lot
sizes.
The Chair mentioned a lot of subdivisions and PUDs are requesting to waive open space requirements,
and he feels eventually there will not be very much open space.
Commissioner Beck asked Ms. Lockman why they didn't make the trail wider to meet the 15%. Ms.
Lockman answered that it is a maintenance issue. She said that because the lot sizes are so big, most
residents will use their own property rather than use the trail.
Commissioner Stille said he agreed with the applicant.
Motion: Approve waiver from the County Code Section 27-6-20, 15% common open space requirement
and keep open space at 11%. Moved by Gene Stille, Seconded by Richard Beck. Motion carried (5-1),
with Michael Wailes casting the no vote.
The Chair asked if there were any more comments regarding the applicant's request for a waiver from the
paving requirement.
Commissioner Stille asked the Ms. Lockman why they do not want internal paved roads. Ms. Lockman
explained that the applicant lives in a subdivision that has road base and it works very well with the amount
of traffic. She explained the upkeep of pavement is very expensive and will be left up to the homeowners
to pay. Ms. Lockman said they spoke to the Town of LaSalle about possible annexation and the town had
no issues with not having internal paved roads. Commissioner Stille said if the Town of LaSalle someday
decided to annex the area, then the homeowners will be required to pay to have the roads paved. He said
the cost of paving could be incorporated in the cost of the lot.
Commissioner Sparrow said he didn't have an issue with gravel especially during the construction stages.
Commissioner Wailes expressed concern with gravel getting on County Road 50 with the average speed
of 50 mph. He feels gravel creates a hazard on the paved roads.
Ms. Balzano explained that per County Code Section 27-2-20 (Access Standards) all PUD developments
will be served by an internally paved road.
Commissioner Ford asked if there was a time requirement for the roads to be paved, or if they can be paved
after construction is complete. Ms. Balzano explained that if there were no waiver, the Improvements
Agreement would have the pavement design. Public Works would require a collateral on the improvement.
The collateral cannot be released until Staff has inspected the paved road.
Mr. Haug explained if there is an Improvements Agreement, there is the collateral to pave the road. He
said there could be a time limit placed after construction. Mr. Haug also said the time limit could be put in
the Improvements Agreement by staff. He explained by putting the time limit on the plat, the paving is
enforceable.
After further discussion, the Planning Commission agreed that the paving requirement is per County Code
and the applicant can propose the waiver to the Board of County Commissioners.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case PUDZ18-0002 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Gene Stille, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck.
Excused: Tom Cope.
Meeting adjourned at 4:16 pm.
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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