HomeMy WebLinkAbout20172099BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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:
PUDZ17-0002
PANORAMA ESTATES LLC
CHRIS GATHMAN
CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE DISTRICT
PUD (PLANNED UNIT DEVELOPMENT) FOR 26 RESIDENTIAL LOTS WITH
ESTATE ZONE USES ALONG WITH 3.79 ACRES OF OPEN SPACE AND THREE
(3) OUTLOTS.
LOT B REC EXEMPT RECX12-0025; LOCATED IN PART N2SE4 SECTION 8,
T2N. R67W OF THE 6TH P.M., WELD COUNTY. COLORADO.
WEST OF AND ADJACENT TO CR 17 AND APPROXIMATELY 1.250 FEET
NORTH OF CR 22.
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.
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 next to an existing subdivision and is adjacent to residences on
recorded exemption lots immediately to the east. The property is located within the Firestone/Weld
County Cooperative Planning Agreement area (IGA) 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 22-1-12- F 3. R.Policy 6.3. Roadway and/or pedestrian connections surrounding properties
should be included, where feasible, to ensure connectivity between adjoining properties as they
develop.
The proposed PUD is located in an urban area in that it is adjacent to an existing 30 plus lot
subdivision (Enchanted Hills). The Town of Firestone is located to the northwest of the site. The Town
of Firestone indicated no concerns dated April 10, 2017. The number of lots proposed and the
location next to an existing subdivision makes this an urban scale development. The adjacent
subdivision is an old subdivision with gravel roads and no sidewalks. Therefore staff is requiring
paved roads with gravel shoulders (no sidewalks)
RESOLUTION PUDZ17-0002
PANORAMA ESTATES LLC
PAGE 2
B. Section 27-6-120.8.6.6 - 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 sixteen (16) residential lots with the exception that Lots 1-8, 11-16
and 19-26 will not meet the 2.5 acre minimum lot size requirement.
Section 27-6-80.B.7 states: "All urban scale development PUDs containing a residential element shall
provide for a fifteen -percent common open space allocation, unless otherwise stated in Chapter 26 of
this Code."
The number of lots proposed (26) is urban scale. Additionally, the proposed PUD is located within the
Firestone IGA and located adjacent to an existing subdivision. The 15% common open space
allocation applies to this PUD.
Section 27-2-60 states "Common open space is defined as any usable parcel of land or water
unimproved and set aside, dedicated, designated or reserved for public or private use or for the use
and enjoyment of owners or occupants of land adjoining or neighboring such area. Common open
space includes landscape areas that are not occupied by buildings or uses such as storage or
service areas, private courtyards, parking lots and islands. In all PUD districts, except for those
containing residential uses, common open space may include landscape setbacks adjacent to
roadways, where the setbacks are not utilized as parking or storage areas. The amount and type of
common open space provided in a PUD Zone District shall be proportional to the intensity of the zone
districts called for in the PUD or uses specified in the application, unless specifically delineated in
Chapter 26. Common open space shall be designed to be useful to the occupants and/or residents of
the PUD Zone District for recreational and scenic purposes. Common open space in the PUD Zone
District shall be owned and maintained in perpetuity by an organization established specifically for
such ownership and maintenance purposes."
The applicant is requesting a waiver from the 15% common open space allocation requirement due to
the large lot sizes and location of the proposed PUD. The existing subdivision to the west is older and
does not have common open space. However, this subdivision was approved and developed prior to
the PUD regulations being in place. There is only 3.79 acres of open space proposed (5.5% common
open space) with this PUD.
Given the number of lots proposed, proximity to an existing subdivision and location with the Firestone
IGA boundary. Staff is recommending that the 15% common open space be adhered to and provided
for this subdivision.
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 and
Firestone. The site is also located within the Cooperative Planning Agreement boundary between
Firestone and Weld County. The Town of Frederick and Firestone indicated no conflict with their
interests in their referrals dated March 27 and April 10, 2017 respectively.
Staff received one phone call from a surrounding property owner expressing concerns about traffic
and dust generated by the subdivision and impacts on his water pressure.
An improvements and road maintenance agreement is required at the final plan stage. Additionally, an
approved water agreement between the applicant and the water district is required prior to recording
the final plan.
RESOLUTION PUDZ17-0002
PANORAMA ESTATES LLC
PAGE 3
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 ll the Weld
County Code.
The Department of Public Health and Environment, in their referral dated April 13, 2017, indicates that
the applicant has satisfied Chapter 27 in regards to sewer service and water service. The application
has satisfied Chapter 27 of the Weld County Code in regard to water service. The Assistant Weld
County Attorney has approved the water source of Central Weld County Water District. A "can serve"
letter from the District, dated August 4, 2016, was included in the application. A referral was submitted
to the Colorado Division of Water Resources. No response has been received from the Division of
Water Resources.
The applicants have indicated that the final plan may have to be done in phases to meet water district
requirements.
The application has satisfied Chapter 27 of the Weld County Code in regard to sewer service.
Individual on -site wastewater treatment systems will provide sewer for the lots and a soils report dated
November 21, 2016 from Soilogic was included with this application. The report indicated "Based on
results of our completed site and soil evaluation, we expect conventional On -Site Wastewater
Treatment Systems (OWTS) will be possible for the majority of the site. Typical gravity -fed chamber
systems in a bed or trench configuration could be considered. Engineered septic system designs will
be required for the northeastern portion of the site due to the relatively shallow depth to groundwater
encountered in that area. Mounded systems could be considered in this area in order to maintain
adequate separation from groundwater."
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.
County Road 17 is designated on the Weld County Road Classification Plan as a gravel local road,
which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
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 Agreement and Road Maintenance 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.
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.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
H. Section 27-6-120.6.8.h - Consistency exists between the proposed zone district(s), uses, the specific
or conceptual development guide.
RESOLUTION PUDZ17-0002
PANORAMA ESTATES LLC
PAGE 4
The applicant is requesting that this PUD be approved as a specific development vs. a conceptual
development. In the application and in subsequent conversations with the applicant, the applicant is
requesting a waiver from the 15% common open space requirement and keep open space at one (1)
acre. They are proposing Staff is recommending that the proposed drainage easements be
incorporated as open space approximately 5.5% of the site as open space. The site was approved for
a PUD change of zone for 16 lots in 2014. At that time staff recommended 8-9% common open
space. However, the applicants are now increasing the number of lots to 26, the site is now located in
the Firestone IGA boundary and the site borders an existing subdivision to the west. Based on these
factors staff is not in support of the open space waiver request and recommends that the PUD be
designed to include 15% common open space.
The applicant is proposing two (2) outots (outlots B and C) next to Lot B of RE -3912 (located
immediately to the southwest of the proposed PUD). In discussions with the applicant — they wish to
provide a method for the property owner (who is not a part of the PUD) to be able to access the
internal roadway for Panorama Estates. The owner of Lot B already has direct access onto County
Road 15.5. Staff has concerns about allowing a property owner (who is not part of the PUD) being
allowed to utilize the internal roadway. This raises issues such as how will road maintenance costs be
paid by a property owner not a part of the PUD and how can impacts to the internal road be
addressed if the owner of the adjacent lot (or a future party) decides to open a business and have
commercial vehicles utilize the road. Staff is not in support of this and recommends that Outlots B and
C not be indicated on the final plan map.
The staff recommendations on common open space and Outlots B and C will result in some redesign
of the PUD. Staff can review these revisions at the final plan stage administratively and recommends
approval of this PUD as a specific development.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A) Agriculture to PUD 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 exist for the original parcel.
(Department of Planning Services)
B. Prior to recording the Change of Zone plat, the applicant's engineer shall complete the Certification of
Compliance form, including the variance request portion, to address the release rate. (Department of
Planning Services -Engineer)
C. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDZ17-0002. (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. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E of the Weld
County Code. (Department of Planning Services)
4. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services, Department of Public Works)
5. County Road 17 is a gravel road and is designated on the Weld County Road Classification
Plan 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)
RESOLUTION PUDZ17-0002
PANORAMA ESTATES LLC
PAGE 5
6. Elm Street is a gravel road and is designated on the Weld County Road Classification Plan 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 Planning Services)
7. Setbacks radiuses from existing oil and gas wells and tank batteries shall be indicated.
(Department of Planning Services)
D. 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 26
Residential Lots with Estate Zone Uses Along with Common Open Space 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 with the exception of the lots that will not meet the 2.5 acre minimum
lot size requirement. (Department of Planning Services)
3. riftLeil percent { :5 Six percent (6%) common open space will be provided on the Final Plan
for Panorama Estates PUD.
4. Ne-direct accesses) will -be --provided for external -lets that are not a part of Panorama Estates
PUD---auto-the-+eternal -access roads -far -Panorama Estates PUD- Outlots B and C are
designated for access purposes only. All accesses shall be granted at the discretion of the
Homeowners Association.
5. Water Service may be obtained from Central Weld County Water District.
6. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may
be by septic systems designed in accordance with regulations of the Colorado Department of
Public Health and Environment, Water Quality Control Division and the Weld County Code in
effect at the time of construction, repair, replacement, or modification of the system.
(Department of Public Health and Environment)
7 Activity or use on the surface of the ground over any part of the Onsite Wastewater Treatment
System (OWTS) must be restricted to that which shall allow the system to function as designed
and which shall not contribute to compaction of the soil or to structural loading detrimental to
the structural integrity or capability of the component to function as designed. (Department of
Public Health and Environment)
8. 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)
9. If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months
in duration, the responsible party shall prepare a fugitive dust control plan, submit an air
pollution emissions notice application, and apply for a permit from the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
11. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services -Engineer)
12. The property owner shall control noxious weeds on the site. (Department of Public Works)
. 13. 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)
RESOLUTION PUDZ17-0002
PANORAMA ESTATES LLC
PAGE 6
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized. (Department of Public Works)
15. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
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. 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)
19. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
20. No development activity shall commence on the property, nor shall any building permits be
issued, until the final plan has been approved and recorded. This does not apply to the existing
residence on the site. (Department of Planning Services)
21. 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.
RESOLUTION PUDZ17-0002
PANORAMA ESTATES LLC
PAGE 7
22. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run
agricultural activities will generate off -site impacts, including noise from tractors and equipment;
slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel
roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife;
and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is
common practice for agricultural producers to utilize an accumulation of agricultural machinery
and supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas of the
County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and county roads outside of municipalities. The sheer magnitude of the area to
be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the County, and the distances which must be traveled may
delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond
to emergencies. County gravel roads, no matter how often they are bladed, will not provide the
same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, 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.
E. 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)
RESOLUTION PUDZ17-0002
PANORAMA ESTATES LLC
PAGE 8
F. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated
with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
(Department of Planning Services)
Motion seconded by Gene Stille.
VOTE:
For Passage
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage
Absent
Bruce Johnson
Cherilyn Barringer
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 June 6, 2017.
Dated the 6th of June, 2017
-6thbnt- PrinoLem.
Kristine Ranslem
Secretary
I
all/I/tide
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 6, 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,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom
Cope.
Absent: Bruce Johnson, Cherilyn Barringer.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Hayley
Balzano, Department of Planning Services - Engineering Division; Lauren Light and Ben Frissell,
Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the May 16, 2017 Weld County Planning Commission minutes, Moved by Terry Cross,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
PUDZ17-0002
PANORAMA ESTATES LLC
CHRIS GATHMAN
CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT PUD (PLANNED UNIT DEVELOPMENT) FOR 26 RESIDENTIAL
LOTS WITH ESTATE ZONE USES ALONG WITH 3.79 ACRES OF OPEN SPACE
AND THREE (3) OUTLOTS.
LOT B REC EXEMPT RECX12-0025; LOCATED IN PART N2SE4 SECTION 8,
T2N. R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 17 AND APPROXIMATELY 1,250 FEET
NORTH OF CR 22.
Chris Gathman, Planning Services, presented Case PUDZ17-0002, reading the recommendation and
comments into the record. Mr. Gathman noted that the applicants are proposing some lots smaller than the
required 2.5 acre minimum lot size and are therefore requesting a waiver. Additionally, the applicant is
requesting a waiver of the 15 percent common open space requirement. Mr. Gathman noted that because
this application is for more than 10 lots and this site is located in the Cooperative Planning Agreement
(CPA) between Weld County and the Town of Firestone, which includes the required 15 percent common
open space. He said that in 2014 this was brought before the Planning Commission as a 16 lot PUD and
now the applicants have come back in to revise the application to 26 lots. He added that based on their
proposal the map shows that the open space is 5.5 percent of the site. Because the applicants are
increasing the lots to 26 and now that the site is in Firestone's IGA (as it was not in 2014), Staff is not in
support of the open space waiver request and recommends that the PUD be designed to include 15 percent
common open space.
Mr. Gathman said that the applicant is proposing Outlots B and C in the corner of the proposed development
where there is an adjacent Recorded Exemption lot and in discussions with the applicant they are wishing
to provide a method for the property owner, who is not part of this PUD application, to be able to access
the internal roadway for Panorama Estates. Staff has concerns with future development of the lot not in
the PUD and potential increase in traffic and how road maintenance would be addressed. Therefore, Staff
is not in support of this request and recommends that Outlot B and C not be indicated on the Final Plan
Map.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Commissioner Cope clarified that they are reviewing the Change of Zone but they will not see the Final
Plan of this PUD. Mr. Gathman said that was correct and added that the Final Plan would be an
1
administrative process or if the Board of County Commissioners determines that it is a conceptual plan,
then the Final Plan would be heard by the Board of County Commissioners.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. Ms. Light
noted that a Plat Note regarding water was included in their referral; however, it was inadvertently left off
of the staff report. She recommended adding the Plat Note "Water Service may be obtained from Central
Weld County Water District".
Sheri Lockman, 36509 CR 41, Eaton, Colorado, stated that it was presented as a 16 lot subdivision in 2014.
The property has changed ownership and they are requesting 26 lots. The 16 lot subdivision was approved
by the Planning Commission with open space consisting of 1.16 acre pond and .02 acres surrounding the
mailboxes. She added that in their new plan they have added 2.63 acres of open space at the west end of
the property.
Tommy Raye, 9075 CR 10, stated that he is one of the owners of Panorama Estates. He said that the
reason they are asking for the waiver is because they wonder who will use that open space. The average
lot size is a little over 2 acres and some as much as 5 acres. He added that they thought a lot about open
space and said that everyone will have their own open space within their own property. Mr. Raye said that
they would agree to the 5.5 percent open space as it is a fairly urban area and doesn't believe the
homeowners will want the required open space.
Mr. Raye referred to the proposed Outlots B and C and said that it is proposed to allow potential future
access onto the neighbor to south. He added that the neighbor approached them and requested if he could
get future access to the PUD.
Craig Owen, 7751 CR 22, stated that he owns 75 acres directly south of this development as well as the
3.5 acre lot by the proposed outlots. He said that it seems it is an opportunity to keep an improved access
open to what the future may hold.
Commissioner Jemiola asked if staff spoke to Firestone and Frederick regarding the CPA and the required
15 percent open space. Mr. Gathman said that the 15 percent is a county requirement. He added that
Firestone had no concerns with the proposed development.
Commissioner Sparrow wished to clarify that the applicants will allow Mr. Owen to possibly have access if
he joins the HOA in the future. Mr. Raye replied yes.
Commissioner Stille asked why staff is requiring 15 percent open space. Mr. Gathman said staff didn't feel
it was appropriate to waive that requirement as they are adding 10 additional lots from the original 16 lot
subdivision proposal and although Firestone didn't comment on it, this site is located within the Cooperative
Planning Agreement between Weld County and Firestone. Mr. Stille said that the applicant has a good
argument and feels that each lot has enough open space on their property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Penny Anderson, 7400 Elm Street, stated that she lives at the end of the proposed development. She
asked what kind of traffic they will have on Elm Street as she is concerned with the increase of traffic.
Commissioner Wailes asked to clarify if this street will be used since it is an oil and gas access. Mr.
Gathman said that the applicant had referred to the Fire District referral and said it doesn't refer to that
street but to fire hydrant locations. He added that the main access to the site is from County Road 17.
Mindy Sprague, 10732 CR 17, said that she will be directly impacted by the increase of traffic. She
understands change but is concerned with the increase of traffic.
Rashelle Sader Richardson, 10879 CR 17, stated that her property abuts the development to the south.
She is concerned with the road dust and traffic.
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Mr. Raye said that there are 145 daily round trips projected for this development. He said that there are
trigger points in the Improvements Agreement when it warrants paving. He said it is anticipated that they
will use magnesium chloride or some dust control on the road.
Mr. Raye said that all of the traffic is to go out to County Road 17 and they are not supposed to utilize the
oil and gas road to Elm Street.
Ms. Light reminded the Planning Commission on the Plat Note that needs to be added in the Resolution
"Water Service may be obtained from Central Weld County Water District".
Commissioner Jemiola agreed with Commissioner Stille that the applicant's argument is pretty compelling
based on the lot sizes proposed. He understands the code requirement and said that perhaps a middle
ground could be reached.
Motion: Add Plat Note as recommended by staff, Moved by Commissioner Cope, Seconded by Gene
Stille. Motion carried unanimously.
Commissioner Wailes commented that 15 percent seems a little excessive for this size of development and
believes that 10 percent is fair as it provides option for homeowners in the future.
Commissioner Cross agreed with the 5.5 percent open space requirement.
Commissioner Cope agreed and said that the HOA maintains the open space and is concerned about
maintaining the open space by adding more acres.
Motion: Amend Plat Note 1.D.3 to 6% open space requirement, Moved by Jordan Jemiola, Seconded by
Gene Stille.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Gene Stille, Jordan Jemiola, Joyce Smock, Terry Cross, Tom Cope.
No: Bruce Sparrow, Michael Wailes.
The Chair asked for discussion on the proposed Outlots and access to the neighbor to the south. Bob
Choate, County Attorney, referred to Plat Note 1.D.4. regarding access and reminded the Planning
Commission that in order to include a new lot into the boundaries of the PUD, in the future it would require
the approval of 100 percent of the landowners within the PUD. Commissioner Stille said it seems
reasonable to add Outlot B and C by allowing access to the landowner to the south. Mr. Choate provided
amended language to Plat Note 1.D.4 "Outlots B and C are designated for access purposes only. All
accesses shall be granted at the discretion of the Homeowners Association".
Motion: Amend Plat Note 1.D.4 as stated by Staff, Moved by Gene Stille, Seconded by Jordan Jemiola.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
No: Bruce Sparrow.
The Chair asked the applicant if they have read through the amended Conditions of Approval and Plat
notes and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDZ17-0002 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
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Meeting adjourned at 7:55 pm.
Respectfully submitted,
4.5\1.6anL, 4tAaWn_
Kristine Ranslem
Secretary
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