HomeMy WebLinkAbout20190725.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:
MINF18-0001
N F 18-0001
JOHN & KIM PENCE
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED FINAL PLAN TO
MODIFY CONDITIONALLY APPROVED MINOR SUBDIVISION, S-588 (IVY
CREST), TO REDUCE THE NUMBER OF LOTS FROM FIVE (5) TO THREE (3)
ALONG WITH MODIFYING THE ACCESS INTO THE MINOR SUBDIVISION.
LOT A AMD REC EXEMPT RE -2151, PART E2 SECTION 21, T3N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 19 AND APPROXIMATELY 1,800 FEET
NORTH OF STATE HIGHWAY 66.
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 24-3-50 of the
Weld County Code.
2) It is the opinion of the Planning Commission that the application has shown compliance with Section
24-3-60.1 of the Weld County Code as follows:
A. Section 24-3-60.1.1 -- Compliance with Chapters 23 and 24 of the Weld County Code, the
zone district in which the proposed use is located, and any adopted intergovernmental
agreements or master plans of affected municipalities. The original application was submitted
in 2001. At that time, the overall design of the proposed development was determined to
adhere to Minor Subdivision and the Estate Zone District requirements. The Comprehensive
Plan for the Town of Platteville has designated this area as an agricultural buffer. Further, the
Town of Mead provided a referral response dated March 19, 2001, indicates its disapproval
of the proposal. Consideration was given to the responses from the Towns of Mead and
Platteville during the Change of Zone application process and deemed to be inadequate for
denial.
Referrals were sent back out to the Town of Platteville, Town of Mead and Town of Firestone
to review the proposed changes to this Minor Subdivision. The Town of Mead, in their referral
response dated 10/17/2018, stated that they had no concerns. No referral responses were
received from either the Town of Platteville or Town of Firestone. The proposed amended
minor subdivision adheres to the Estate Zone District requirements and complies with the
exception that the applicant is requesting two accesses into the Minor Subdivision vs. all lots
within the Minor Subdivision accessing onto an internal road access.
B. Section 24-3-60.1.2 -- Provisions have been made to preserve prime agricultural land. The
Site is located on land designated as Irrigated Land (not prime) per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
C Section 24-3-60.1.3 — That provisions have been made for a public water supply that is
sufficient in terms of quantity, dependability and quality to provide water for the minor
subdivision, including fire protection. The original Ivy Crest Minor Subdivision was approved
under a condition of approval requiring that the Water Main Extension Contract is finalized, a
tap agreement will be in place and tap fees and $44,100.00 for improvements or collateral to
satisfy those fees in place prior to recording the Final Plat. Central Weld County Water
District will also accept collateral for improvements. Further, a Condition of Approval was
attached requiring that the well proposed to provide fire protection is properly permitted
through the Office of the State Engineer, Division of Water Resources.
A referral was sent back out to the Colorado Division of Water Resources and Central Weld
RESOLUTION MINF18-0001
JOHN & KIM PENCE
PAGE 2
be (45972 ) be abandoned . The Division also stated that if the well is to be used in the
subdivision the proposed uses must be specified and the applicant must demonstrate that a
court approved augmentation plan has been obtained for the well . A referral response dated
11 /2/2018 has been received from Central Weld County Water District indicating no
concerns .
A condition of approval is attached that the applicant shall address the requirements of the
Colorado Division of Water Resources . Additionally, staff has modified the fire protection
condition for the well to state that the applicant shall submit evidence that the well proposed
for fire protection has been properly permitted through the office of the State Engineer,
Division of Water Resources or provide evidence that fire protection can be provided through
Central Weld County Water District.
D . Section 24-3-60 . 1 .4 -- That, if a public sewage disposal system is proposed , provision has
been made for the system and , if other methods of sewage disposal are proposed , evidence
that such systems will comply with state and local laws and regulations which are in effect at
the time of submission of the minor subdivision. Individual Sewage Disposal Systems are
proposed for each lot and will be installed according to the Weld County Department of Public
Health and Environment regulations .
E . Section 24-3-60 . 1 . 5 -- That all areas of the minor subdivision which may involve soil or
topographical conditions presenting hazards or requiring special precautions have been
identified by the subdivider and that the proposed uses of these areas are compatible with
such conditions . The Colorado Geologic Survey indicated , during the Sketch Plan phase ,
that no geology-related problems appeared to be associated with this proposal .
F . Section 24-3-60 . 1 . 6 -- That streets within the minor subdivision are adequate in functional
classification , width and structural capacity to meet the traffic requirements of the minor
subdivision . The Department of Public Works reviewed the revised request and indicated , in
their referral response dated 11 /7/2018 , stated that the northern access location does not
meet spacing requirements but has an existing easement that is being used by parcels to the
west. The proposed southern access does not meet spacing for a Collector Road ( County
Road 19 ) . Public Works is requesting that this southern proposed access be moved south to
meet the spacing requirements . Additionally, an Improvements and Road Maintenance
Agreement is required for on -site improvements associated with this Minor Subdivision.
G . Section 24-3-60 . 1 . 7 -- That off-site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional classification, width and structural
capacity to meet the traffic requirements of the minor subdivision . The minor subdivision is
accessing onto County Road 19, an existing ( paved ) road delineated as a collector road per
the Weld County Functional Classification Map.
H . Section 24.3.60 . 1 . 6 - That the construction , maintenance , snow removal and other matters
pertaining to or affecting the road and rights-of-way for the minor subdivision are the sole
responsibility of the landowners within the minor subdivision . The applicant is requested two
separate accesses (one existing and one proposed for the Minor Subdivision . These
accesses will be maintained by the landowners within the minor subdivision .
Section 24-3-60 . 1 . 9 -- The minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite .
J . Section 24-3-60 . 1 . 10 -- That there will be no on-street parking permitted within the minor
subdivision . No on -street parking will occur in Bosalita Estates . The applicant is requesting
that access onto County Road 19 be via an existing easement on proposed Lot A and via a
shared easement between proposed lots B and C .
K. Section 24-3-60 . 1 . 11 - That no additional access to a county , state or federal highway will be
created . The proposed minor subdivision will utilize an existing access point for the northern
RESOLUTION MINF18-0001
JOHN & KIM PENCE
PAGE 3
lot. This access is shared by the property to the north that is under separate ownership and
by an existing oil and gas production facility on a property to the west ( under separate
ownership ) . This existing access is identified as a 20-foot easement to access Lot A of RE-
2152 (that crosses the property that this minor subdivision is being applied for) . At the time
that this easement was identified , this property was under common ownership with the minor
subdivision property . Since that time both parcels have been sold and are now under
separate ownership. The applicant is proposing one ( 1 ) additional access point onto to be
shared by the southern two (2) lots . The Department of Public Works reviewed the revised
request and indicated , in their referral response dated 111712018 , indicated that the northern
access location does not spacing requirements but has an existing easement that is being
used by parcels to the west. The proposed southern access does not meet spacing for a
Collector Road ( County Road 19 ) . Public Works is requesting that this southern proposed
access be moved south to meet the spacing requirements as close as may be possible.
L. Section 24-3-60 . 1 . 12 - That the ingress and egress to all lots within the minor subdivision will
be to an internal road circulation system . Due to the existing access situation on the property,
the applicant is proposing two separate accesses into the Minor Subdivision. The proposed
minor subdivision will utilize an existing access point for the northern lot. This lot is utilized by
the property to the north ( under separate ownership ) and by an existing oil and gas
production facility on a property to the west (that is under separate as well ) . The applicant is
proposing one ( 1 ) additional access point onto to be shared by the southern two (2 ) lots .
The Department of Public Works reviewed the revised request and indicated, in their referral
response dated 11 /7/2018 , indicated that the northern access location does not spacing
requirements but has an existing easement that is being used by parcels to the west . The
proposed southern access does not meet spacing for a Collector Road (County Road 19 ) .
Public Works is requesting that this southern proposed access be moved south to meet the
spacing requirements as close as may be possible .
M . Section 24-3-60 . 1 . 13 - That facilities providing drainage and stormwater management are
adequate . The site meets the drainage exception for residential Developments per Weld
County Code Section 23- 12-30 . F . 1 . a .7 .
N . Section 24-3-60 . 1 . 14 - That the maximum number of lots within the minor subdivision will not
exceed nine (9 ) lots . Only three (3) lots are proposed through this minor subdivision.
O. Section 24 .3-50. 1 . 15 - That the minor subdivision will not cause an unreasonable burden on
the ability of local governments or districts to provide fire and police protection or other
services . The number of lots in the minor subdivision is being reduced from five (5 ) to three
( 3) . The Platteville-Gilcrest Fire Protection District, in their referral dated 10/21 /2018 ,
indicated no concerns . No referral response has been received from the Weld County
Sheriff's Office regarding this amended Minor Subdivision request .
P . Section 24-3-60 . 1 . 16 - That the subdivision will not have an undue adverse effect on wildlife
and its habitat, the preservation of agricultural land and historical sites . Colorado Parks and
Wildlife , in their referral dated 10/8/2018 , indicated no concerns .
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 agencies .
The Planning Commission recommendation for approval is conditional upon the following :
1 ) Prior to Recording the Minor Subdivision Final Plat:
A. All sheets of the plat shall be labeled MINF18-0001 . ( Department of Planning Services )
S . An Improvements and Road Maintenance Agreement is required for on-site improvements
associated with this project . (Department of Public Works )
RESOLUTION MINF18-0001
JOHN & KIM PENCE
PAGE 4
C . Finalized Restrictive Covenants and Articles of Incorporation along with the appropriate
recording fee (currently $6 for the first page and $5 for subsequent pages) shall be submitted
to the Weld County Department of Planning Services . The Restrictive Covenants shall
incorporate any changes required by the Weld County Attorney's Office and Department of
Planning Services . ( Department of Planning Services )
D . A bus pull -off shall be indicated on the plat. Evidence of Public Works approval shall be
submitted to the Department of Planning Services or the applicant shall provide written
evidence from the RE- 1 School District that one will not be required. ( RE- 1 School District)
E . The applicant shall submit Certificates from the Secretary of State demonstrating that "The
Homeowners Association" has been formed and registered with the State . (Department of
Planning Services )
F . The applicant shall submit copies of a finalized water agreement with the Central Weld
County Water District . (Department of Planning Services )
C . Utility easements shall be delineated on the plat as outlined by the Utility Board (per the
recommendations of the Utility Board at the 12/ 13/2018 Utility Board Meeting ) and per
Section 24-7-60 of the Weld County Code . ( Utility Board and Department of Planning
Services )
H . The location of the subdivision sign (if one is proposed ) shall be located on property owned
and maintained by the Home Owners Association, meeting all setback requirements and
noted on the plat, the size of the sign shall be delineated on the plat for review and approval .
The sign shall not exceed 32 square feet per the Weld County Code . ( Department of
Planning Services )
I . The applicant shall submit evidence that an agreement has been entered into with the RE-1
School District to pay the cash- n -lieu payment per lot or submit evidence that cash-in-lieu fee
has been paid . (Department of Planning Services )
J . The applicant shall submit the name of the street within the proposed development along with
the street addresses for review to the Weld County Sheriff's Office , Department of Planning
Services , Postal Services and Emergency Responders . Evidence of their approval shall be
submitted to the Department of Planning Services . ( Department of Planning Services )
K. The applicant shall either submit evidence that the well proposed to provide fire protection
has been property permitted through the Office of the State Engineer, Division of Water
Resources . In the alternative , the applicant shall provide evidence that adequate fire
protection can be provided through the Central Weld County Water District or other means .
( Department of Planning Services )
L. The applicant shall address the requirements of the Colorado Division of Water Resources
referral dated 10/ 12/2018 . Written evidence of such shall be submitted to the Department of
Planning Services . ( Department of Planning Services )
M . The applicant shall provide the Department of Planning Services with written evidence from
the Postal Service regarding the location of the mail delivery. If required the box/pedestal
shall be located on property owned and maintained by the Home Owners Association ,
meeting all setback requirements and noted on the plat . ( Department of Planning Services )
N . The applicant shall submit a written request to vacate SUP-338 to the Department of
Planning Services . ( Department of Planning Services )
O. A landscape and screening plan for Outlot A shall be submitted for review and approval by
the Department of Planning Services . ( Department of Planning Services )
RESOLUTION MINF18-0001
JOHN & KIM PENCE
PAGE 5
P . The Final Plat shall be amended to include :
1 ) All plat sheets shall be titled : MINF18-0001 . ( Department of Planning Services )
2) County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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 )
3 ) Show and label the approved access locations , and the appropriate turning radii (25' )
on the site plan . The applicant must obtain an access permit in the approved
location (s ) prior to construction . ( Department of Public Works )
4 ) The applicant shall show the drainage flow arrows . ( Department of Public Works )
5 ) An outlot to be utilized for berming and landscaping was required for S-588 due
( partly) with compatibility concerns with an onion processing facility across the street
(approved under USR- 1040 ) . According to county records , this permit (USR- 1040 ) is
still in place . The outlot shall be delineated along the eastern boundary of the
property for landscaping and berm ing (labeled as Outlot A) . The outlot does not need
to cross this proposed access points into the minor subdivision . ( Department of
Planning Services )
6) The Lots shall be relabeled to Lots 1 , 2 and 3 . ( Department of Planning Services )
Q . The Final Plat is conditional upon the following and that each be placed on the Final Plat as
notes prior to recording :
1 ) The Bosalita Estates Minor Subdivision shall consist of three (3 ) residential lots with
E ( Estate ) Zone District uses as set forth in Chapter 23, Article III , Division 5 of the
Weld County Code as indicated in the application materials on file . ( Department of
Planning Services )
2 ) Water service shall be provided from Central Weld County Water District.
( Department of Public Health and Environment )
3) This subdivision is in rural Weld County and is currently not served by a municipal
sanitary sewer system . Sewage disposal shall be by septic systems 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 )
4) 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)
5) 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)
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 ,
RESOLUTION MINF18-0001
JOHN & KIM PENCE
PAGE 6
at the request of the Weld County Health Department , a fugitive dust control plan
must be submitted . ( Department of Public Health and Environment)
7) Weld County' s Right to Farm , as stated on this plat, shall be recognized at all times .
(Department of Planning Services )
8) Installation of utilities shall comply with Section 24-9- 10 of the Weld County Code.
9 ) The property owner shall control noxious weeds on the site. ( Department of Public
Works )
10 ) 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 )
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 historical flow patterns and runoff amounts on the site will be maintained .
( Department of Public Works )
13 ) Weld County is not responsible for the maintenance of onsite drainage related
features . ( Department of Public Works )
14 ) The site shall maintain compliance at all times with the requirements of the Weld
County Government. (Department of Planning Services )
15 ) Weld County Government personnel 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 ) A Homeowner's Association shall be established prior to the sale of any lot .
Membership in the Association is mandatory for each parcel owner. The Association
is responsible for liability insurance , taxes and maintenance of streets , private
utilities and other facilities along with the enforcement of covenants . ( Department of
Planning Services )
17 ) All landscaping within the site distance triangles must be less than 3' feet in height
at maturity. ( Department of Public Works )
18 ) Stop signs and street name signs will be required at all intersections . ( Department of
Planning Services )
19 ) A permit may be required from the Weld County's Public Works Right-of-Way agent
for each utility. ( Department of Public Works )
20 ) A plan review is required for each building . Two complete sets of plans are required
when applying for each permit . (Building Inspection )
21 ) Building permits may be required , for any new construction or set up manufactured
structure , per Section 29-3- 10 of the Weld County Code . A building permit
application must be completed and submitted . Buildings and structures shall conform
to the requirements of the various codes adopted at the time of permit application .
Currently the following has been adopted by Weld County: 2018 International
Building Codes ; 2018 International Residential Code ; 2006 International Energy
Code ; 2017 National Electrical Code ; and Chapter 29 of the Weld County Code. A
RESOLUTION MINF18-0001
JOHN & KIM PENCE
PAGE 7
plan review shall be approved , and a permit must be issued prior to the start of
construction . ( Department of Building Inspection )
22 ) Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use on
the adjacent properties . ( Department of Planning Services )
23 ) Buildings designed and constructed to house farm implements , hay, grain , poultry
livestock or other horticultural products will require the appropriate permits from the
Weld County Department of Building Inspection . ( Department of Planning Services )
24 ) Outdoor storage shall be screened from public rights-of-way, and adjacent
properties . ( Department of Planning Services )
25 ) The site shall be developed in accordance with the recommendations contained in
the geotechnical report prepared by CDS Engineering Corporation dated 5/20/1998
(Project No. 98-9511 ) .
26 ) Prior to the issuance of building permits , the applicant shall submit construction
plans for the utilities showing the location of fire hydrants , the size of water mains
and available fire flows to the Platteville-Gilcrest Fire Protection District for review.
( Department of Planning Services )
27 ) Potential purchasers are hereby notified that an onion processing operation
(approved under USR- 1040 ) is located directly to the east of Bosalita Estates
Subdivision . Further, a poultry facility is located to the north and a dairy ( approved
under AMUSR- 127 ) to the east. Off-site impacts that may be encountered include
noise from trucks , tractors and equipment, dust from animal pends and odors from
animal confinement, silage, onions and manure . ( Department of Planning Services )
28 ) Per Section 24-3-80 of the Weld County Code : If no construction has begun or no
use established in the minor subdivision within three (3) years of the date of the
approval of the minor subdivision final plan , the Board of County Commissioners
may require the landowner to appear before it and present evidence substantiating
that the final plat has not been abandoned and that the applicant possesses the
willingness and ability to continue the minor subdivision . The Board of County
Commissioners may extend the date for initiation of the minor subdivision
construction and shall annually require the applicant to demonstrate that the minor
subdivision has not been abandoned . If the Board of County Commissioners
determines that conditions supporting the original approval of the minor subdivision
final plat have changed or that the landowner cannot implement the minor
subdivision final plat, the Board may, after a public hearing , revoke the minor
subdivision final plat and order the recorded minor subdivision vacated .
29 ) 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
RESOLUTION MINF18-0001
JOHN & KIM PENCE
PAGE 8
mineral owners should be afforded the opportunity to extract the mineral resource .
30 ) 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
e nforcement 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
e mergencies . 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 ,
e lectrical 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 .
RESOLUTION MINF18-0001
JOHN & KIM PENCE
PAGE 9
R . Prior to Operation :
1 . If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit will be
required . ( Department of Public Works )
S . Per Section 24-3-70 of the Weld County Code : If a final plat has not been recorded within one
( 1 ) year of the date of the approval of the minor subdivision final plat or within a date
specified by the Board of County Commissioners , the Board may require the landowner to
appear before it and present evidence substantiating that the minor subdivision final plat has
not been abandoned and that the applicant possesses the willingness and ability to record
the final plat. The Board of County Commissioners may extend the date for recording the
plat. If the Board determines that conditions supporting the original approval of the final plat
cannot be met , the Board may, after a public hearing , revoke the minor subdivision final plat.
T. The applicant shall submit one ( 1 ) digital copy of the amended final plat for review and
approval . Upon approval of the paper copies the applicant shall submit a Mylar plat and a
digital file of all drawings associated with the Final Plan 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 .tif (Group 4 ) . . . (Group 6 is not acceptable ). The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services .
Motion seconded by Elijah Hatch .
VOTE :
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
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 , 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 February 5 , 2019 .
Dated the 5th of February, 2019
Kristine Ranslem
Secretary
PC, AMu-e
215/19
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 5, 2019
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 10:05 am.
Roll Call.
Present: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Absent/Excused: Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman, Michael Hall, Angela Snyder, Department of Planning Services;
Lauren Light and Ben Frissell, Department of Health; Hayley Balzano and Mike McRoberts, Public Works;
Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
MINF18-0001
JOHN & KIM PENCE
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED FINAL PLAN TO
MODIFY CONDITIONALLY APPROVED MINOR SUBDIVISION, S-588 (IVY
CREST), TO REDUCE THE NUMBER OF LOTS FROM FIVE (5) TO THREE (3)
ALONG WITH MODIFYING THE ACCESS INTO THE MINOR SUBDIVISION.
LOT A AMD REC EXEMPT RE -2151, PART E2 SECTION 21, T3N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 19 AND APPROXIMATELY 1,800 FEET
NORTH OF STATE HIGHWAY 66.
Chris Gathman, Planning Services, presented Case MINF18-0001, reading the recommendation and
comments into the record. Mr. Gathman said that this original application was approved on July 18, 2001
by the Board of County Commissioners. He added that the application was never finalized or submitted
the plat for recording. This application was submitted by a different property owner and has since been
purchased by the new applicants, John and Kim Pence. The applicants would like to reduce the number
of lots from five (5) to three (3) lots and then they are also requesting a waiver to allow one additional
access point into the PUD (Planned Unit Development).
Mr. Gathman identified the existing access and the proposed access into the proposed development.
Mr. Gathman noted that the surrounding property was originally owned by the previous applicants as well,
however, new separate owners have purchased the north and west lots since 2001. There is an existing
access on the north end of the parcel that also accesses the property to the north, along with an oil and
gas production facility to the west. He also identified a USR (USR-1040) on the property east of and
adjacent to the proposed site that has an onion warehousing and hauling business. That USR was in place
when the original application occurred. At the time of initial submittal, there were concerns of this business
regarding the noise from late night traffic with trucks backing out of the property all hours of the day. The
original minor subdivision indicated an Outlot A for the purpose of a berm along with landscaping to mitigate
the impacts of the development. One of the purposes of this berm and landscaping was to screen the
residences on the property from this business. Mr. Gathman noted that Staff left this condition in place as
it was a concern discussed in the land use hearings for the original minor subdivision.
Mr. Gathman stated that the surrounding property owners have been notified of the changes and no
concerns or comments were submitted. Mr. Gathman said that there is a ditch that runs through the
property. He added that the applicants have indicated that the ditch is silted in and does access the property
to the south, which is under separate ownership. Mr. Gathman further added that the applicants would be
amenable to a condition that they would be willing to relocate the ditch so that it runs along the edge of the
property rather than across the property.
1
The Department of Planning Services recommends approval of this application with the attached conditions
of approval.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. Ms. Balzano stated that the proposed southern access to the site does not meet spacing
requirements for a paved collector roadway; therefore, Staff is requesting that the applicant move the
proposed access point south a little to meet the spacing requirements with existing accesses.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, and on -
site dust control. Ms. Light recommended to delete Condition of Approval 1.Q.6 as it is a duplicate to 1.Q.5.
Kim Pence, 15649 CR 17, Platteville, Colorado, stated that they would like to relocate the ditch if they can.
She added that she has talked to the neighbor that stated they use the ditch; however, after talking to him
they are willing to relocate the ditch.
Commissioner Cope referred to the shared existing access and clarified if the 30 -foot easement across the
applicant's property is for the property owner to access into the property west of the subject site. Ms. Pence
replied yes. Mr. Cope referred to the application as it identifies a 10 -foot easement along the northwest
portion of the subject site. He added that a 10 -foot access seems small to access another property and
thought it should be enlarged to at least a 20 -foot easement.
Commissioner Cope asked the applicant if they are processing the onion across the street. Ms. Pence
could not answer if they were or not. Mr. Cope said that originally there was a berm set up along there to
shield these lots from potential noise and nuisance issues and not this proposal does not include that berm.
He asked if this will create a problem for the people purchasing the lots and asked if it would still be wise
to have a berm there. Ms. Pence said that when they bought the property there was a clause regarding
the Right to Farm statement and she wants to have that. She added that if potential buyers don't like it
then they don't have to purchase the lots.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Arthur Maestas, 14151 CR 19, stated that he owns the land to the south and west of the proposed
development. He added that he owns the ditch ties into the ditch that runs through her land. It is an
engineered concrete ditch used specifically to water all of the land there. If it is relocated, it is an engineered
ditch, so it needs to flow properly as the property is flat. He added that the access needs to be open so
that the farmers have access to the ditch water.
Mr. Maestas said that the traffic goes fast and is concerned with the possible bus stop.
The Chair referred to Condition of Approval 1.D regarding the identification of the buss pull -off on the plat
and added that the applicant must get written evidence from the RE -1 School District that one will not be
required.
Commissioner Holland asked if the applicant intends to relocate the ditch. Ms. Pence replied that they
would like to relocate it and added that if they need to raise it for Mr. Maestas they are willing to make it
work. She added that the ditch running through her property has broken concrete and wouldn't' be feasible
for where it is located on her site.
Commissioner Sparrow asked if there is an easement for the ditch. Mr. Gathman said that he was not able
to find a documented easement of record and no easement information is indicated on the minor subdivision
plat map.
Commissioner Beck asked the applicant if she understands that she will be responsible for relocating the
engineered ditch. She replied yes.
Commissioner Cope referred to the second proposed access and asked Staff how far does the proposed
access need to be within the spacing requirements. Ms. Balzano said that it is hard to tell from the drawing
2
because they didn't show the location of the existing southern onion facility access, however, she guessed
approximately 40 feet. Ms. Balzano said that she would confirm that distance prior to the Board of County
Commissioner hearing. Mr. Cope said that it might be a significant amount of distance that it might affect
the lots lines or reconfiguring the access into the property. Chris Depaulis, 2436 Cheviot Drive, Fort Collins,
Colorado, stated that if they have to move to the south then an easement across one of the lots would be
required. Commissioner Beck said it seems that it would be reasonable to request a variance so they don't
have to replat their lots.
The Chair asked the Planning Commission if they were in favor of removing Condition 1.Q.6. The
Planning Commission stated that they were in favor or deleting Condition of Approval 1.Q.6.
The Chair asked Staff if there was language that we could add for the protection of the ditch. Mr. Gathman
suggested adding a Condition of Approval Prior to Recording that reads "The applicant shall provide
evidence that the ditch has been relocated". He added that there is no record of an actual easement of the
ditch. The Chair asked the County Attorney for any recommendations. Bruce Barker, County Attorney, said
that it is probably a prescriptive easement to run water along that ditch. He added that the problem is that
the ditch owners may not agree to moving it or they may agree to relocating it, but the engineering is such
that it cannot be moved. He is concerned that the creation of these lots cannot happen until the ditch issue
is resolved and that might not be something that is feasible. He added that it gets down to what the
applicants want to do with their property. If they want to build something where this ditch is going to be then
they will have to figure out how to move it if they can or if they cannot move it that dictates what they can
do on their property. He said that he is not sure that a condition needs to be put in to deal with that.
Commissioner Sparrow said that they can install a pipe underground.
Mr. Gathman noted that in the original application there were building envelopes identified on the lots and
offered as a possible condition of approval that building envelopes be indicated or provide evidence that
the ditch has been relocated.
Commissioner Beck agreed with Mr. Barker and added that the applicant should know that it is a serious
problem.
Commissioner Holland asked what responsibility the County has for approving something that isn't feasible.
Mr. Barker said that there is no requirement that the County has to create this lot just so it can be built upon.
He added that it is up to the applicant to determine what they can do with the property.
Commissioner Sparrow agreed that it is for the applicant to resolve the ditch issue.
The Chair asked if there are any other changes to the Resolution. Mr. Gathman requested that a new
Condition of Approval 1.P.6 be added to read "The Lots shall be relabeled to Lots 1, 2 and 3". He added
that currently they are labeled as Lots A, B and C and that is similar to recorded exemptions so to avoid
confusion Staff requests that they be relabeled.
Motion: Add Condition of Approval 1.P.6, as recommended by Staff, Moved by Tom Cope, Seconded by
Richard Beck. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval and if they
are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case MINF18-0001 to the Board of County Commissioners along with the amended
Conditions of Approval 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 = 8).
Yes: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
Commissioner Hatch agreed with Staff's recommendation.
3
Meeting adjourned at 1:30 pm.
Respectfully s//u��bmitted,
Kristine Ranslem
Secretary
4
f
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street, City, State , Zip
sr r . / . - a I .1 t Ire- 4 _ ft if . - ide of ‘
IrPAQr /724es . 2
k \
I 1 t, iv4-4,i— g 0 AL 5 *-4- " 0% r 7 " ctrer &v, Aiv1/2-3 PI, :
r 5
i n . . e . v 0 . ' ' r ' SLOn n' . .o 66207 6 ssh . . 4 a R 1 Co 0 a Odor J O
P. ihss istb,k,.. i - , C kRel So c f . \ _ 6 _ 1 _ , 0 0.40 • 2- 1 ricAS14. 4e i 'Atria -ice
FP .ds_sSM t i it% " O ço{ t; _ 74,-- a fOet . , -'V'" ,,,•�- b ;t• t a a
as-,
� f
&der -7 2„ ,,. /z ) ,-, ,, vat i ff{olL.-'' / Cie< f,C=z ..+`.-r 'f 11c {era L' f.."+. " 3 1- -- i' -, ....r r+ i '��
LeA it 4:31 a-vv1/44-Y\ tic-lir edit "cc A-- 1k/fat .- % •fr• r tt, . 'et". ifed iti- 4.01/4 a itvith - a -
e of 3 ergs. Co 1<fcee e 0 4 tei 4
" _
E i.. v" c 3/4..1 7 -2, kti „4. A-
1 . a e iz 2g.' e , r r y' 1. c. '.S . ‘ ',..7 7) ,MIL.. VI : t. *+ C, LI> T C. cost 0 _ .-mot
LcV ' 7 ..,,. . . // al t erstae ALA s i + Pi dik - t . a a - his
.
A AA, kik i...„... va, * -.Sr liatc ' la ! :e , A t ..1 1 ,
kiS 4-sla Ai al • , ris a sr
410 ‘,1-00•14241„ red _ de0/, 641.416404,5C jr7kev are-CI eCr? ‘ C4 0 14 L.. 117 ars4 0 e 0. b '4,-03 a levitlfeAr . CO "
L ir 0 twn4.co. ci, ..i.n• "Lc it , dC IN,.
'rs 3 rae tessc 76_4 5 ot. _Ayr ii tp A • 51 Lost - re: 25 :0 .,d le A I 0 aft co 44-1
$ wr
Ni. as 2+
L * . N, C ' %, '`` ask S LI, ! °. Iii640 T 1z. , pc r c, L ts, "`.1 c.) �**� f\ c 'hii +1e*Y'r.•1 : LA ' ra'l' 0 a
�_... -,t_ .. — .. .i 1t.. . 16-- - - rr�. . S. -- ...�.. -.
Hello