HomeMy WebLinkAbout20173259.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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.
PUDZ17-0003
RICHARD HEIN
KIM OGLE
A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FOUR (4)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES
PART OF LOT B OF RE -4884 BEING A PART OF THE E2 NE4 OF SECTION 5,
T2N. R67W OF THE 6TH P M WELD COUNTY. COLORADO OF THE 6TH P M .
WELD COUNTY COLORADO.
SOUTH OF AND ADJACENT TO CR 26. WEST OF AND ADJACENT TO CR 17.
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 27-6-120.8.6.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.A. R.Goal 1. 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 22-1-120 C. R.Goal 3. Consider the compatibility with surrounding land uses. natural site
features. nearby municipalities' comprehensive plans and general residential growth trends when
evaluating new residential development proposals.
The proposed PUD is located between two Town of Firestone subdivision developments. McHale
Subdivision to the West and Homestead at Firestone to the east and is adjacent to residences on
recorded exemption lots immediately adjacent to the west, north and south. The property is located
within the Firestone/Weld County Cooperative Planning Agreement area (CPA) and the property is
designated as Residential Low (which allows single-family residential land uses) as delineated in the
Town the Firestone Master Plan.
Section 22-1-120- Fl.R. Policy 6.1.Internal roadways that are rural in character, and yet adequately
serve the intensity of the development. are encouraged.
The proposed PUD is located near an urbanizing area in that it is adjacent to rural residential parcels
and within a mile of two Town of Firestone subdivisions. The Town of Firestone engineer stated that
Zinnia Avenue is currently not paved and the Town currently has no plans to pave this road. The
Town does not object to the private internal development road being a gravel roadway as stated in an
electronic mail dated December 6, 2016 The applicant seeks to utilize gravel roads having gravel
shoulders (no sidewalks) for this four (4) parcel residential development. The applicant is seeking a
waiver of Section 27-2-20 requiring the internal road to be paved by the Board of County
Commissioners.
Section 27-6-120.8.6. 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 Il. Chapter 27 of the Weld
County Code.
RESOLUTION PUDZ17-0003
RICHARD HEIN
PAGE 2
Section 27-2-40. Bulk requirements — The applicant has chosen to adhere to the bulk requirements of
the E (Estate) Zone District for the four (4) residential lots with the exception that not all parcels meet
the 2.5 acre minimum lot size requirement. The applicant is seeking a waiver of Section 23-3-440
requiring the minimum lot size of two and one-half (2.5) acres by the Board of County Commissioners.
Section 27-2-60. Common Open Space. "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. 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 number of parcels and large lot sizes and location of the proposed PUD. The two existing
subdivisions within the Town of Firestone. Homestead at Firestone to the east is a planned unit
development for 581 residences and three undefined open space parks and to the west is the
proposed 69 acre McHale subdivision with 18.7 acres of open space.
Given the proximity to the two subdivisions and location with the Firestone IGA boundary. Staff is
recommending that the 15% common open space be adhered to and provided for this subdivision.
Section 27-2-190 defines urban scale development as developments in close proximity to existing
PUDs. subdivisions. municipal boundaries or urban growth corridors and boundaries. As previously
stated there are two subdivisions within the Town of Firestone in close proximity to this proposed
development, and access onto a publicly maintained road is under the jurisdiction of the Town. 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.
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 master plans of affected
municipalities.
The proposed PUD site is located within the 3 -mile referral areas of the Towns of Frederick. Firestone
and Mead. The site is also located within the Cooperative Planning Agreement boundary between
Firestone and Weld County and Mead and Weld County. The Towns of Frederick and Mead indicated
no conflict with their interests in their referrals dated May 9, 2017 and June 13, 2017 respectively.
The Town of Firestone in their referral dated June 20, 2017 requested additional right-of-way be
dedicated for Zinnia Avenue (County Road 26). and an access permit for access onto the same road
and modifications to site engineering.
Staff has not received correspondence or telephone calls from any surrounding property owners or
interested persons.
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.
RESOLUTION PUDZ17-0003
RICHARD HEIN
PAGE 3
The Department of Public Health and Environment. in their referral dated May 23, 2017. indicates the
application has satisfied Chapter 27 of the Weld County Code in regards to water service_ The
Assistant Weld County Attorney has approved the water source of Central Weld County Water
District. A 'will serve" letter from the District. dated February 26. 2016, was included in the
application.
The application has satisfied Chapter 27 of the Weld County Code in regards to sewer service.
Individual on -site wastewater treatment systems will provide sewer for the lots and a soils report dated
March 2017 from Mark Taylor was included with this application. Two profile pits were completed
which indicated three soil types for each pit. Engineered designed systems may be required due to
clay and sandy loam soils. Groundwater features were observed greater than 5 feet.
The Environmental Impact Plan (Section 27-6-30) adequately addresses all environmental impacts.
E. Section 27-6-120.E_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
Ingalls Street (County Road 17) and Zinnia Avenue (County Road 26) are owned and maintained by
the Town of Firestone. The municipality has jurisdiction over all accesses within their jurisdiction.
The Town is requesting an additional twenty (20) feet of right-of-way be dedicated on both Ingalls
Street (County Road 17) and Zinnia Avenue (County Road 26) for the applicant to obtain an access
permit onto Town of Firestone roads.
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.
An Improvements Agreement is required prior to recording the Final map for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be included for
the internal development road.
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.
The property is not within the Geologic Hazard Overlay District. a Special Flood Hazard Area. or the
Airport Overlay District. A referral response was received from the Colorado Geological Survey dated
June 5. 2017 indicating that construction of foundations and basements will follow the
recommendations made in the geotechnical reports and at time of construction lot specific
geotechnical investigations will be completed The Colorado Geological Survey has no objection for
the 4 -lot residential subdivision as proposed.
Building Permits issued on the lot 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 Plan vs. a
Conceptual Development Plan In the application and in subsequent conversations with the
applicant's representative, the applicant is requesting a waiver from the 15% common open space
requirement: the 2.5 acre minimum lot size and a waiver of pavement for the internal road
Planning staff does not agree with the requested waiver for open space and requests the applicant
adhere to Section 27-2-60 specific to this Bulk Standards for this proposed development located
within an urbanizing area of Firestone and as recognized in the Coordinated Planning Area for the
Town
RESOLUTION PUDZ17-0003
RICHARD HEIN
PAGE 4
Planning staff does not support the requested waiver for pavement of the internal subdivision road
as the subdivision is located within the CPA for Firestone and is adjacent to two proposed
residential developments
Planning staff does support the requested waiver for the minimum parcel size.
The Department of Planning Services is recommending that this Change of Zone be approved as a
Specific Development Plan and that it be reviewed administratively at the final plat stage.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A) Agriculture to PUD with (E) Estate Zone District 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. 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)
C. The applicant shall address the requirements (concerns) of the Town of Firestone, as stated in the
referral response dated June 20, 2017. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
D. The applicant shall attempt to address the requirements (concerns) of Mountain View Fire and
Rescue, as s`atee in tie referra response dated May ' 9, 20' 7. Evidence of suci shall be submitted
in writing to the Weld County Department of Planning -Services. (Department of Planning Services}
E. The applicant shall attempt to address the requirements (concerns) of Lupton Meadows Ditch
Company, as stated in the referral response dated May 12, 2017. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
The Change of Zone plat shall be amended to include the following:
1 All sheets of the plat shall be labeled PUDZ17-0003. (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 existing recorded easements shall be shall be shown and dimensioned on the Change of Zone
plat. (Department of Planning Services. Department of Public Works, Lupton Meadows Ditch
Company)
/1. Show the approved Town of'iressone access on ie site plan anc abe e approvec access
permit number if applicable. (Department of Public Works, Town of Firestone)
5. Zinnia Avenue (County Road 26) is owned and maintained by the Town of Firestone. The
applicant shall contact the Town to verify the existing and proposed rights -of -way_ (Department of
Public Works)
RESOLUTION PUDZ17-0003
RICHARD HEIN
PAGE 5
6. Ingalls Street (County Road 17) is owned and maintained by the Town of Firestone. The applicant
shall contact the Town to verify the existing and proposed rights -of -way. (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 four
(4) Residential Lots with (E) Estate Zone District uses 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 Estate Zone District shall
be adhered to with the exception of the lots that will not meet the 2.5 acre minimum lot size
requirement. (Department of Planning Services)
3 Fifteen percent (15%) common open space will be provided on the Final Plan for Silver Mountain
Estates PUD
4 Water service may be obtained from Central Weld County Water District. (Department of Public
Health and Environment)
5. 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)
6 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)
7 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)
8 The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
9 Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services -Engineer)
10 The property owner shall control noxious weeds on the site. (Department of Public Works)
11 The interior roadway will be maintained by the Silver Mountain Estates HOA. (Department of
Planning Services)
12 A Homeowner's Association shall be established prior to the sale of any lot. Membership in the
Association is mandatory for each parcel owner (Department of Planning Services)
13 Intersection sight distance triangles at the development entrance will be required. (Department of
Planning Services)
14. All signs shall adhere to Chapter 23. Article IV. Division 2 and Appendices 23-C. 23-D and 23-E
of the Weld County Code. (Department of Planning Services)
RESOLUTION PUDZ17-0003
RICHARD HEIN
PAGE 6
15. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and
requirements of the service providers. (Department of Planning Services)
16. No grading permits will be issued for this project without submission and Weld County approval of
erosion control and sediment control plans prepared. stamped and signed by a professional
engineer licensed to practice in Colorado. The applicant is notified that land disturbance on one
portion of this site may require construction of temporary or permanent erosion control and
sediment control best management practices on other portions of the site. (Department of
Planning Services)
17. Building permits shall be obtained prior to grading or the construction of any building or structure.
Building permits are also required for signs and structures such as bus shelters if provided.
(Department of Planning Services)
18 A plan review is required for each building for which a building permit is required_ Plans shall
include a floor plan_ Two complete sets of plans are required when applying for each permit.
Commercial building plans require a Code Analysis Data Sheet, provided by the Department of
Building Department. Residential building plans may be required to bear the wet stamp of a
Colorado registered architect or engineer. (Department of Planning Services)
19. New buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2012
International Codes. 2006 International Energy Code. and 2014 National Electrical Code. A
Building Permit Application must be completed and two (2) complete sets of engineered plans
bearing the wet stamp of a Colorado registered architect or engineer must be submitted for
review. (Department of Planning Services)
20. Each residential building will require an engineered foundation based on a site -specific geo-
technical report or an "open hole" inspection conducted by a Colorado Registered Professional
Engineer. Engineered foundations shall be designed by a Colorado Professional Engineer
registered in the State of Colorado (Department of Planning Services)
21. Fire resistance of walls and openings. construction requirements. maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code. (Department of Planning Services)
22. Building height shall be measured in accordance with the 2012 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld
County Code to determine compliance with offset and setback requirements. Offset and setbacks
are measured from the farthest projection from the building. Property lines shall be clearly
identified and all property pins shall be staked prior to the first site inspection. (Department of
Planning Services)
23. 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)
24. 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)
25 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)
RESOLUTION PUDZ17-0003
RICHARD HEIN
PAGE 7
26 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)
27. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
28. No development activity shall commence on the property. nor shall any building permits be
issued, until the final plan has been approved and recorded. (Department of Planning Services)
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 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.
RESOLUTION PUDZ17-0003
RICHARD HEIN
PAGE 8
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. 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)
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 format is a projected ESRI shapefile (.shp..shx,
dbf..prj) with a defined coordinate system (i e.. NAD 1983 UTM Zone 13N. WGS 1984. NAD 1983
HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
Motion seconded by Michael Wailes.
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Terry Cross
Lonnie Ford
Against Passage Absent
Jordan Jemiola
Gene Stifle
Abstain
Tom Cope
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.
RESOLUTION PUDZ17-0003
RICHARD HEIN
PAGE 9
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 September 19, 2017.
Dated the 19111 of September, 2017
661,1bbnt- 4O-tattneu
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 19, 2017
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 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow. Lonnie Ford Michael Wailes. Terry Cross, Tom Cope.
Absent: Gene Stille and Jordan Jemiola.
Also Present: Kim Ogle and Chris Gathman. Department of Planning Services: Hayley Balzano,
Department of Planning Services — Engineering Division: Lauren Light. Department of Health: Evan
Pinkham. Public Works: Bob Choate, County Attorney. and Kris Ranslem. Secretary.
Motion: Approve the September 5. 2017 Weld County Planning Commission minutes. Moved by Tom
Cope. Seconded by Bruce Sparrow Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER.
REQUEST
LEGAL DESCRIPTION
LOCATION.
PUDZ17-0003
RICHARD HEIN
KIM OGLE
A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FOUR (4)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES
PART OF LOT B OF RE -4884 BEING A PART OF THE E2 NE4 OF SECTION 5.
T2N R67W OF THE 6TH P M WELD COUNTY. COLORADO OF THE 6TH P.M .
WELD COUNTY. COLORADO
SOUTH OF AND ADJACENT TO CR 26. WEST OF AND ADJACENT TO CR 17
Kim Ogle, Planning Services. presented Case PUDZ17-0003. reading the recommendation and comments
into the record. Mr. Ogle noted that the applicant is seeking a waiver to the minimum lot size requirement
of 2.5 acres, a waiver from the 15 percent common open space requirement. and a waiver of pavement of
the internal roadway. Planning Staff does not agree with requested waiver for open space as it is located
within an urbanizing area of Firestone. Planning Staff does not support the requested waiver for pavement
of the internal subdivision road as the subdivision is located within the Coordinated Planning Agreement
for Firestone and is adjacent to two residential subdivisions. Mr. Ogle noted that Staff will support the
requested waiver of the minimal lot size of 2.5 acres. The Department of Planning Services recommends
approval of this application with the attached conditions of approval. Planning Staff is also recommending
that the Change of Zone be approved as a Specific Development Plan and is reviewed administratively at
the Final Plat stage of the application.
Bruce Johnson noted that he has known the applicants for several years. however, he believes he can
make a fair and impartial decision regarding this case.
Commissioner Tom Cope stated that the company he works for has provided services for the applicant on
this property and wished to abstain from hearing the case.
Evan Pinkham. Public Works. reported on the existing traffic and access to the site.
Hayley Balzano. Engineering, reported on the drainage conditions and internal roadway for the site.
Lauren Light, Environmental Healthreviewed the public water and sanitary sewer requirements. and on -
site dust control.
Commissioner Sparrow clarified that if the 15 percent open space is required it will make the lot size even
less than proposed. Mr. Ogle replied that was correct and added that the subdivisions that are adjacent to
this proposed PUD are substantially smaller in lot size and therefore in regard to compatibility. staff would
support the waiver of the required 2.5 minimum lot size
to
.O
to
EXHIBIT
1
'FLA -x'OO
Sheri Lockman, 36509 CR 41. Eaton. Colorado, stated that staff is not in support of the waiver from open
space and from pavement of the internal roadway. Ms. Lockman stated this property is surrounded by the
Town of Firestone on three sides. She added that they have contacted the Town of Firestone's Planner
early in the development stage and they were directed to develop through the County because of the lack
of water supply taps and the great expense of developing through the Town. Ms. Lockman said that in
discussions with the town planner. the Town of Firestone never requested open space. She added that
they were more interested in the expansion of the right-of-way and the dedication of County Roads 26 and
17.
Ms. Lockman said that the applicant will expand the rights -of way and obtain the access permit through the
Town of Firestone. She added that in the discussions with the Town, they have indicated that they don't
really care if the internal roadway is paved. She said that the Town of Firestone does not intend to pave
the roadways_ however they do want that additional right-of-way.
Ms. Lockman referred to Condition of Approval 1.B regarding the agreement with the property's mineral
owners She said that they feel this condition should be considered complete as they have had many
conversations with Anadarko Anadarko has requested that the applicant waive all rights granted to him by
the Colorado Oil and Gas Conservation Commission Ms. Lockman said that they have replied to Anadarko
that they will consider some of the items but they don't believe it is in the applicant's best interest to waive
all of his rights. Ms. Lockman said that they feel they have made a good faith effort to deal with the mineral
owners, however Anadarko did not meet them half -way. Therefore. they are requesting that this Condition
of Approval be deemed complete
Ms. Lockman referred to Condition of Approval 1 D regarding the requirements and concerns of the Fire
District. She added that the final utility plan and layout design will address these and added that there were
no concerns by the Fire District She requested that this Condition be considered complete or removed.
Ms. Lockman referred to Condition of Approval 1 F.4 regarding the approved access from the Town of
Firestone_ She said that the entire access plan will include engineering that is usually done at the final plat
stage and the Firestone representatives requested that it be completed prior to construction. Ms. Lockman
said that they would like to see that Condition moved to prior to recording of the final plat.
Commissioner Sparrow asked how big the lot sizes will be after providing the rights -of -way to the Town.
Ms. Lockman said that they are not sure of the size, but they will still meet the overall requirements. She
added that they did not get the engineering completed on the plan Mr. Sparrow asked how they would
incorporate the open space if the waiver is not granted. Ms. Lockman said that they do not know how they
would include it.
The Chair asked staff for their opinion on the requests from the applicant. Mr. Ogle said that the issue with
Anadarko requires evidence of a mineral agreement, therefore staff is not in support of that request and
suggested deferral to the Board of County Commissioners.
Mr. Ogle said that staff would be in support of moving Condition of Approval 1.F.4 to prior to recording the
final plat.
Mr. Ogle said that open space is required according to the Weld County Code. He added that 15 percent
is required unless it is given a complete waiver or reduction in open space. He said that the applicant can
make this request at the Board of County Commissioner hearing and negotiate the open space requirement.
Ms. Lockman said Condition of Approval 1.B also states that the applicant can show that they have
attempted to address the mineral owner's concerns. She said that they believe they have attempted to
address their concerns, however Anadarko has not met them half -way She added that the applicant has
identified two easements on the plat and believes they have done enough to satisfy their concerns. Bob
Choate. County Attorney. stated that it will be a decision that will be made by the Board of County
Commissioners
Commissioner Wailes asked if the applicant has considered decreasing the number of lots to accommodate
the open space requirement Ms Lockman said that if the Town showed any interest in having open space
or a trail or something they would have redesigned it She asked what a usable open space might be that
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these four lots would use. She added that a trail doesn't make sense with such a wide road right-of-way
and the ditch doesn't want anything with a trail.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak_
The Chair referred to the requested changes to the Resolution
Mr. Ogle said that staff would be in support of removing Condition of Approval 1.D as that can be addressed
at the final plan.
Mr. Ogle referred to Condition of Approval 1.F.4 and said that this can be deferred to the final plan
application and may be removed.
Mr. Ogle said that the applicant is requesting the waiver of the open space requirement however, the Weld
County Code requires 15 percent open space in an urbanizing area and added that this is within the
Coordinated Planning Agreement with the Town of Firestone.
Mr. Ogle stated that the mineral interest is required to be addressed. A form was sent to the applicant from
Anadarko regarding setback requirements He added that Anadarko has an issue with hard rock mineral
resources that are owned as well. Mr. Ogle said that it is an outstanding requirement and staff would like
to see some type of an agreement. He suggested deferring this to the Board of County Commissioners.
Motion: Remove Conditions of Approval 1 D and 1 F 4. Moved by Michael Wailes, Seconded by Bruce
Johnson Motion carried unanimously.
Ms. Lockman asked if the Planning Commission will address the open space requirement or defer that to
the Board of County Commissioners.
Commissioner Wailes said that common sense says the open space isn't needed in this case but the County
Code requires it. He added that he would like to defer it to the Board of County Commissioners for
negotiations. Mr. Wades said that he is concerned with the pavement requirement. He added that with it
being on a gravel road the paving of such a small area will be a continued cost to the homeowners to
maintain it. Mr Wailes said that he would be in support of waiving the pavement requirement.
Commissioner Johnson agreed with Mr. Wailes and said it should be comparable to the county maintained
road_
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 PUDZ17-0003 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commissions recommendation of approval. Moved by Bruce
Johnson. Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 5, No = 0. Abstain = 1).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford. Michael Wades, Terry Cross.
Abstain: Tom Cope.
Meeting adjourned at 1.59 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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