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Home My WebLink About20180291.tiffBEFE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTIN F RECOMMENDATION TO THE BOARD OF COUP Y 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: PUDZ17-0006 APPLICANT: JOSEPH & ELAINE HOFF PLANNER: CHRIS GATHMA\ REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE (3) RESIDENTIAL LOTS WITH E (ESTATE) USES. LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3960; LOCATED IN PART OF THE SE4 OF SECTION 9, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND AD SACENT TO CR 31 AND APPROXIMATELY 580 -FEET NORTH OF CR 70. 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. 2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows: A. Section 27-6-120.51.6.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 Vield County Code. Section 22-2-120.A R.Goal 1. of the Weld County Code 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 onsite wastewater treatment systems (OWTS). Section 22-2-120.C - R.Goal 3. of the Weld County Code states: "Consider the compatibility with surrounding land uses, natLral site features, nearby municipalities' comprehensive plans and general residential growth trends when evaluating new residential development proposals." The proposed PD is located in a rural :.,agricultural area approximately 1/4 mile east of an existing 8 -lot PUD (Cattail PUD). Smaller rural lots created through the recorded exemption process are located to the north and south of the proposed PUD. The size and number of lots proposed under this PUD are consistent with development in the surrounding area. Section 24-7-20. — Streets. A.1. of the Weld County Code states "Streets shall be extended to the boundaries of each building site, except where such extension is prevented by topography or other physical conditions, or where the connection of streets with existing or probable future streets is deemed unnecessary for the advantageous development of adjacent properties. All building sites shall have access to a public internal street system." Section 24-7-20. - Streets. A.6. of the Weld County Code states "Driveways shall not be permitted to have direct access to arterial streets. Only one (1) access is permitted per new lot. /St, second access may be permitted to internal subdivision lots onto internal subdivision roads only. All driveways shall be off the internal subdivision road system." Sec 27-2-20. of the Weld County Code states "All PUD developments will be served by an internally paved road system according to County standards. n exception to paving r-sh:.y be granted by the Director of Public Works for residential PUDs of nine (9) lots or less RESOLUTION PUDZ17-0006 JOSEPH & ELAINE HOFF PAGE 2 located in nonurban areas as defined in Chapter 22 of this Code, when the PUD is not located within close proximity to other PUDs, subdivisions and municipal boundaries, and when access to the PUD is not from a public road which is paved or will be paved within a year of approval of the PUD." The applicant is asking that the Board of County Commissioners waive the requirements of Sec. 24-7-20.A.1, Sec. 24-7-20.A.6, and Sec. 27-2-20. The proposed PUD does not have an internal street system. The applicant is proposing that each lot access off County Road 31. As outlined in the application materials, the applicant is requesting a waiver from the above access requirements because the lot configuration is consistent with existing residential lots in the area and because an internal roadway would diminish the amount of land available for agricultural and rural uses. Other rural lots in the area are not PUD and/or subdivision lots and are not subject to the same access requirements as PUDs and subdivisions. Additionally, the applicant is proposing the lots to be rezoned to PUD Estate uses with the exception that the lots shall adhere to the animal unit requirements in the A(Agricultural) Zone District. The lots are being rezoned from A(Agricultural) to a more restrictive zoning designation (Estate) and the principal uses on site will be residential, not rural or agricultural. The proposed PUD is located approximately 1/4 mile east of an existing PUD (Cattail Creek) and accesses onto a paved road (County Road 31). 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 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District for the three (3) residential lots. Section 27-2-190. Urban scale development. Urban scale developments are development is exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. Urban scale development requires support services such as central water, sewer systems, road networks, park and recreation facilities and programs, and storm drainage. 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." This is considered an urban scale PUD due to the close proximity of an existing PUD (Cattail Creek). 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 RESOLUTION PUDZ17-0006 JOSEPH & ELAINE HOFF PAGE 3 such ownership and maintenance purposes." This is considered an urban scale PUD due to the close proximity of an existing PUD (Cattail Creek). The boundaries of Cattail Creek is approximately 1/4 mile to the west of this proposed PUD. The applicants are proposing a waiver of the 15% common open space requirement based on the fact that the PUD is not located within the boundary of an Intergovernmental Agreement (IGA) or a Regional Urbanization Area (RUA) and due to the size and number of lots. C. Section 27-6-120.8.6. 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 master plans of affected municipalities. The proposed PUD is within the 3 -mile referral areas of the City of Greeley, Town of Eaton and Town of Severance. It is not located within a Cooperative Planning Agreement (CPA or IGA) boundary. The City of Greeley and Town of Eaton indicated no conflict with their interest in their referrals dated 10/27/2017 and 10/30/2017. No referral response has been received from the Town of Severance. D. Section 27-6-120.8.6.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 11 the Weld County Code. The proposed PUD is to be served by North Weld County Water District (NWCWD) water and Onsite Wastewater Treatment Systems (OWTS). The Division of Water Resources, in their referral dated 11/16/2017 states that it considers NWCWD a reliable water source and has no objections. Weld County Environmental Health Services, in their referral dated 11/13/2017, stated that the application has satisfied Chapter 27 of the Weld County Code regarding water service. E. Section 27-6-120.8.6.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 accesses onto County Road 31. County Road 31 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. F. Section 27-6-120.8.6.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. An Improvements and Road Maintenance Agreement will be required at the Final Plan application. On -site improvements and road maintenance including, but not limited to dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. G. Section 27-6-120.8.6.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. The site is not located within any overlay district. The Colorado Geological Survey reviewed the proposed PUD at sketch plan stage and their referral dated 7/13/2017, indicated no objection but attached the following comment: RESOLUTION PUDZ17-0006 JOSEPH & ELAINE HOFF PAGE 4 According to NRCS soil survey data, the site soils are highly corrosive to uncoated steel. On lots where basements are planned and groundwater levels are sufficiently deep to allow basement construction, epoxy -coated, plastic/composite or concrete basement window wells are recommended, rather than the standard uncoated steel. 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 approval as a specific development guide with waivers requested from the 15% Common Open Space requirement, the one (1) internal road access requirement and pavement requirement. This approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from (A) Agriculture to PUD with E (Estate) uses is conditional upon the following: 1. Prior to recording the Change of Zone plat: A. The applicant shall submit drawings showing the plan and profile of the interior roads, proposed roadway cross sections, pavement study information, design speeds, and location of traffic signage prior to recording the Change of Zone plat. (Department of Planning Services Engineer) B. The applicant shall address the requirements (concerns) of the Eaton School District, RE -2 as stated in the referral response dated 11/9/2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. 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) D. The plat shall be amended to include the following: 1. All pages of the plat shall be labeled PUDZ17-0006. (Department of Planning 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) 3. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services, Department of Public Works) 4. County Road 31 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) 5. Setbacks radiuses from existing oil and gas wells and tank batteries shall be indicated per Section 23-3-440.L of the Weld County Code. (Department of Planning Services) E. 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: RESOLUTION PUDZ17-0006 JOSEPH & ELAINE HOFF PAGE 5 1. The site specific development plan is for a Change of Zone from (A) Agriculture to PUD with E (Estate) uses as indicated in the application materials on file in the Department of Planning Services and subject 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 to with exception of animal units. Animal units shall adhere to the A(Agricultural) Zone District requirements as outlined in Article III, Division I and Section 23-1-90 of the Weld County Code. (Department of Planning Services) 3. No common open space is required to be delineated on the final plat. (Department of Planning Services) 4. Per Section 24 7 20. Streets. A.1. of the Weld County Code: All building sites shall ha e to public internal street system. (Department of Planning Services/Department of Public Works) 5. Per Section 24 7 20. Streets. A.6. of the Weld County Code: All driveways shall be off the internal subdivision road system. (Department of Planning Services/Public Works) 6. Per Section 27 2 20. of the Weld County Code: The PUD will be served by an internally paved road system according to County standards. 7. Water service may be obtained from the North Weld County Water District. (Department of Public Health and Environment) 8. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may 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) 9. 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) 10. 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) 11. The property owner shall control noxious weeds on the site. (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 offsite tracking. (Department of Public Works) 13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) RESOLUTION PUDZ17-0006 JOSEPH & ELAINE HOFF PAGE 6 15. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) 16. 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) 17. 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) 18. 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. 19. 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. RESOLUTION PUDZ17-0006 JOSEPH & ELAINE HOFF PAGE 7 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. 20. 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) 21. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) F. 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) G. With the Change of Zone plat map, the applicant shall submit a digital fie 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 RESOLUTION PUDZ17-0006 JOSEPH & ELAINE HOFF PAGE 8 and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) Motion seconded by Jordan Jemiola. VOTE: For Passage Bruce Johnson Bruce Sparrow Jordan Jemiola Michael Wailes Terry Cross Tom Cope Gene Stille Lonnie Ford Richard Beck Against Passage Absent 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 January 16, 2018. Dated the 16th of January, 2018 Kristine Ranslem Secretary EXHIBIT ;noses ©t/(C°f 9O IV - SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, January 16, 2018 in to 13 POUe(1-OooCp 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, Terry Cross, at 12:35 pm. Roll Call. Present: Bruce. Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope, Lonnie Ford, Richard Beck. Absent: :ruse Johnson. Also Present: Kim ' %gle and Chris Gathman, Department of Planning Services; -layley Balzano and Dawn Anderson, Public Works; Lauren Light and Ben Frissell, Department of Health; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Approve the January 2, 2018 Weld County Planning Commission minutes, Sec•,ndled by Gene Stille. Motin passed unanim.Jusly. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: 'I oved by Bruce Sparrow, PUDZ17-0006 JOSEPH & ELAINE HOFF CHRIS GATHMAN CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE (3) RESIDENTIAL LOTS WITH E (ESTATE) USES. LOT B REC EXEMPT RE -3960; LOCATED IN PART OF THE SE4 OF SECTION 9, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. WEST OF AND ADJACENT TO CR 31 AND APPROXIMATELY 580 -FEET NORTH OF CR 70. Chris Gathman, Planning Services, presented Case PUDZ17-0006, reading the recommendation and comments into the record. Mr. Gathman noted that the applicant is requesting a waiver from the common open space requirements. He added that this site is located a quarter mile from an existing PUD, the Cattail PUD, and the code speaks to the urban space standards. Staff has reviewed this request and based on the number and size of the lots and that this site is not located in an IGA boundary, staff doesn't have any concern with this request. Additionally, the applicant is requesting a waiver from access requirements. Mr. Gathman said that the applicant is proposing to have multiple access points onto the County "oad, whereas only one access point to the PUD is allowed. The applicant is requesting this waiver because the lot configuration is consistent with the existing residential lots in the area ano because the internal roadway would diminish the amount of land available for agricultural and residential uses. Staff is not in support of this waiver request, as there are a number of lots it the area; however, these lots were created through the Recorded Exemption process and not subject to the same access requirements as a PUD. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Ford said that in the aerial photo it appears that there are existing accesses and asked for clarification. Mr. Gathman said that upon his field inspection it is not very obvious that there are accesses on to the road. He added that they are not residential accesses and are not very clearly defined. Commissioner Sparrow asked if it has been used as a field access, if it is considered an access. Ms. Anderson said that there are no permitted accesses; however, there are existing accesses. She added that just because there is a gate they do not classify that as an access. Dawn Anderson, Public Works, reported on the existing traffic and access to the site. She stated that Public Works does not support the requested exception to the code regarding the multiple accesses onto the County Road. 1 Commissioner Stille asked if there is any plan to upgrade the classification of County Road 31 from a local roadway. Ms. Anderson replied that she is not aware of any reclassification for County Road 31. Hayley Balzano, Engineering, reported on the drainage conditions for the site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Tim Naylor, AGPROfessionals, 3050 65th Avenue, stated that the Hoff Family is proposing a three lot PUD. Mr. Naylor said that there are existing accesses to each lot currently; however, the applicant has gated them so it isn't open to the public. He added that the properties north of and adjacent to the proposed site are recorded exemptions and have independent accesses; therefore, they are trying to be consistent with properties surrounding them. Mr. Naylor said that they might be able to provide a shared access for the two vacant lots and leave Mr. Hoffs independent access. Commissioner Wailes clarified if the lots will be used for residences. Mr. Naylor replied that the intended use is for residences. Commissioner Cope asked if there would be a problem with a shared access. Mr. Naylor said that it wouldn't be their first choice; however, if they are required to they will compromise and work it so the two lots have a shared access and then Mr. Hoff has an independent access. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Commissioner Jemiola referred to Note #3 and said that he agreed with staff regarding the open space requirement. Motion: Remove Note #3 regarding open space, Moved by Michael Wailes, Seconded by Jordan Jemiola. Motion carried unanimously. Commissioner Wailes understands that the applicant wants to be consistent with the surrounding properties but he would like to see a shared access between Lots 2 and 3. Commissioner Jemiola agreed. Commissioner Sparrow suggested that it is somehow designed so that a person with a horse trailer can get off the road to open the gate. Mr. Naylor said that they could do that. Mr. Gathman asked for clarification if they would like a shared easement between Lots 2 and 3 as the standard requirement is a 60 foot road right-of-way. Commissioner Cope suggested creating a 60 -foot right-of-way between Lots 2 and 3 and allow the existing access on Lot 1 to remain. Mr. Naylor said that creating a 60 foot right-of-way creates a county road and he requested that a 30 -foot easement be created at the property line that is an access easement and not a right-of-way. Bob Choate, County Attorney, stated that because this is the change of zone provision, the only thing that will be recorded is the boundary of the entire future subdivision. It will not show lots and that will happen at the Final Plan stage. The applicant is requesting to waive the internal roadway and referred to Conditions of Approval 1.A and E.4, E.5 and E.6. He added that this discussion is good but the lots will not be created until the Final Plan stage. Motion: Delete Condition of Approval 1.A and Notes E.4, E.5 and E.6, Moved by Jordan Jemiola, Seconded by Tom Cope. 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. 2 Motion: Forward Case PUDZ17-0006 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 Jordan Jemiola. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. Meeting adjourned at 4:18 pm. Respectfully submitted, `/5 Yk i Kristine Ranslem Secretary 3 Hello