HomeMy WebLinkAbout20141523.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISS EXHIBIT
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM l�r
Moved by Benjamin Hansford, that the following resolution be introduced for passage l
Planning Commission. Be it resolved by the Weld County Planning Commission that th .
CASE NUMBER: PUDZ14-0001
APPLICANT: JOHN & NANCY FRITS
PLANNER: KIM OGLE
REQUEST: CHANGE OF ZONE REQUEST FROM THE A(AGRICULTURAL)ZONE DISTRICT
TO THE PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR TWO(2)
LOTS WITH ESTATE ZONE DISTRICT USES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11-0002;PART W2NW4 SECTION 7,T3N,R68W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 1; SOUTH OF AND ADJACENT TO CR 36.
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 27-6-120.8.2.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(Regional
Urbanization Areas) of the Weld County Code. The proposed site is not influenced by an Inter-
Governmental Agreement nor is it located within an urban growth boundary. The proposal is
consistent with the aforementioned documents as follows:
1) Section 22-3-50.B.1, P.Goal 2"Require adequate facilities and services to assure the health,
safety and general welfare of the present and future residents of the County."The proposed
PUD will be serviced by the Longs Peak Water District and Individual Sewage Disposal
Systems will handle the effluent flow.
B. Section 27-6-120.6.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, with the following exceptions.
Section 27-2-20 states: "All PUD developments will be served by an internally paved road
system according to County standards.An exception to paving may be granted by the Director of
Public Works for residential PUDs of nine(9)lots or less 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. (Weld County Code
Ordinance 2002-9)
The applicant is choosing to utilize the Weld County PUD development process to create two
equal sized lots due to recent changes in the Recorded Exemption regulations that impact
residual lot sizes. The proposed North Country PUD two-lot development has an existing
approved access permit(AP-11-00401)for two separate accesses onto Weld County Road 1
that can serve each lot. The south approved access is used to serve the existing residence on
Lot 1,and the north approved access,which is currently used for agricultural activities, can be
used to serve Lot 2. Both existing accesses meet the minimum access requirements related
to line of sight, distance between, culvert size and access width. No additional collector
roadway or driveway access construction improvements would be necessary for the site.
The standard PUD requirement for paved internal roadways is a significant financial burden
on the applicant. Therefore, the applicant requests a variance from the standard PUD
requirement for a single, paved common access road for the development. The applicant
seeks approval to utilize the two existing approved accesses, and to maintain both gravel
driveways, with no additional impacts to the site,to neighboring sites,or to County services
and emergency agencies. The Department of Public Works in their referral dated February 28,
2014 required the applicant to submit a letter requesting an exception to this requirement.
r
RESOLUTION PUDZ14-0001
JOHN & NANCY FRITS
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 two (2) residential lots.
Section 27-2-50. states: "Development within a PUD Zone District shall be designed and
constructed to include adequate, safe and convenient arrangements for pedestrian and vehicular
circulation,off-street parking and loading space. Pedestrian and vehicular circulation shall relate
to the circulation system external to a PUD Zone District.All streets within the PUD Zone District,
whether private or public, shall be designed and constructed to meet the requirements of the
Department of Public Works and Chapters 24 and 26 of this Code, if applicable." The applicant
is choosing to utilize the Weld County PUD development process to create two equal size
lots due to recent changes in the Recorded Exemption regulations that impact residual lot
sizes. The applicant seeks approval to utilize the two existing approved accesses, and to
maintain both gravel driveways to each individual residence. The applicant requests a variance
from the standard PUD requirement for pedestrian circulation, off-street parking and loading
space. The Department of Public Works in their referral dated February 28,2014 recommended
approval of the Change of Zone plan as submitted.
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. (Weld
County Code Ordinance 2003-10) The applicant is choosing to utilize the Weld County PUD
development process to create two equal sized lots due to recent changes in the Recorded
Exemption regulations that impact residual lot sizes. The North Country PUD is located in a
non-urban area; is not adjacent to other PUD's,subdivisions, municipal or urban growth
corridors, a n d is identified as Agricultural in the Town of Mead's Comprehensive Land Use
Plan for future planning purposes, and is located outside of the Weld County RUA and
Intergovernmental Agreement areas. The proposed North Country PUD will create two
approximately equal sized rural estate type lots. The rural and agricultural nature of the
properties will be reflected in the associated uses. Agricultural activities may include
growing wheat, barley, and prairie grass,and support some livestock including horses,cows,
sheep and chickens on the large undeveloped portions of the lots. Based upon the style of
the PUD,the rural location and proposed residential and agricultural uses,the applicant
requests a variance from the standard PUD requirement for common open space,
landscaping requirements for the common open space,and a homeowner's association to
oversee control and condition of the common open space. The applicant seeks approval to
not include common open space for the two large agriculturally active lots, and to not
create a governing homeowner's association or landscape requirements for such common
open space. Further, per Section 27-2-140 non-urban scale developments comprised of nine
(9) or fewer residential lots located in a non-urban area as defined by Chapter 22 of the Weld
County Code are not subject to the common open space requirement.
Section 27-2-80 states: "The design standards and improvements agreements of Chapter 24,
Article VII, and Sections 24-9-10 and 24-9-20 of this Code shall be utilized when applicable to
the PUD final plan review and development.Certain PUD final plan requirements may differ from
those specifically listed in Chapter 24. Final recording shall not occur until the required
improvements agreements have been approved and collateral tendered." The applicant is
choosing to utilize the Weld County PUD development process to create two equal size lots
due to recent changes in the Recorded Exemption regulations that impact residual lot sizes.
RESOLUTION PUDZ14-0001
JOHN&NANCY FRITS
PAGE 3
The applicant seeks approval to not be required to submit an Improvements Agreement and be
required to submit Final Plans for the development. Given the intensity of development, the
Department of Planning Services supports this request.
Section 27-2-100 states"No building permit shall be issued for any building or any portion of a
PUD until the landscaping required by the landscape plan map is in place and/or an on-site
improvements agreement has been entered into which complies with the requirements in
Section 24-9-10 of the Weld county Code." The applicant is choosing to utilize the Weld
County PUD development process to create two equal sized lots due to recent changes in
the Recorded Exemption regulations that impact residual lot sizes. The applicant seeks
approval to not include a Landscape Plan map as a requirement of this PUD.
Section 27-2-165 states"Parks, playgrounds,trails,paths and other recreational areas and open
spaces, scenic and historic sites are public purposes. A public purpose may also include
productive agricultural lands; riparian areas and their buffers; wetlands and their buffers;
conservation areas; buffer zones or areas; scenic areas; view corridors; floodways and
floodplains; groundwater resources and recharge areas; historic, archaeological and cultural
features;scenic viewsheds from public roads;wildlife preserves;and conservation areas.Areas
such as wetlands and their buffers;conservation areas;buffer zones or areas;scenic areas;and
view corridors are areas that may or may not allow public access. These spaces shall serve a
public purpose by providing for the protection of environmentally sensitive lands, agricultural
practices and scenic areas or corridors. (Weld County Code Ordinance 2001-1; Weld County
Code Ordinance 2003-10) The applicant is choosing to utilize the Weld County PUD
development process to create two equal sized lots due to recent changes in the Recorded
Exemption regulations that impact residual lot sizes. The two residential parcels are being
created for private individuals who will request that there be no public access without invitation.
This site is not located within an urban growth boundary area nor coordinated planning area of a
municipality. The site is located in a rural area and is not located within 1/4 mile of the nearest
subdivision/PUD.The nearest subdivision is Summit Peaks Estates Subdivision 2550 feet to the
south(approximately 0.5 mile).As a result this is not considered an urban scale development and
is not subject to the fifteen-percent open space allocation.
Section 27-6-90, Signage—Section 27-2-90.C. states:"Signage within a PUD shall adhere to all
requirements in this Chapter and Chapters 23 and 26 of this Code, if applicable."
The applicant is choosing to utilize the Weld County PUD development process to create
two equal sized lots due to recent changes in the Recorded Exemption regulations that
impact residual lot sizes. The applicant seeks approval to not include a Development sign
as a requirement of this PUD. Given the intensity of development,the Department of Planning
Services supports this request.
C. Section 27-6-120.6.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 not located within the boundaries of a coordinated planning area or urban
growth boundary area. It is located within the 3-mile referral area of the Towns of Berthoud and
Mead. It is also located within the 3-mile referral area of Boulder County. No referral responses
have been received from Berthoud, Mead, and Boulder County.
This site is located in a rural agricultural area. Conditions of Approval will require a weed
management plan be submitted with the final plat application. According to the Public Works
drainage referral, "No stormwater detention pond shall be required for rural residential
development at nine(9)lots or fewer,where the average lot size is equal to or greater than three
(3) acres per lot."
RESOLUTION PUDZ14-0001
JOHN& NANCY FRITS
PAGE 4
D. Section 27-6-120.6.d-That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article II the Weld
County Code.
The applicant has submitted a letter from Long's Peak Water District stating, that the raw water
dedication requirement has been satisfied,and therefore the County Attorney's office finds there
is evidence of adequacy of water. Individual Sewage Disposal Systems will handle the effluent
flow.
E. Section 27-6-120.6.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.
Intersection sight distance triangles at the development entrance(s) will be required. All
landscaping within the triangles must be less than 21 feet in height at maturity,and noted on the
final roadway plans.
The applicant has an approved point of ingress and egress for each parcel. The access permit
number is AP11-00401 and the minimum access width requirements is twenty (20) feet clear
without encumbrances, be an all weather and maintained roadway.
F. Section 27-6-120.6.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 will not be required prior to recording of the final plat.
G. Section 27-6-120.6.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 lot will be required to adhere to the fee structure of the
County Wide Road Impact Program.
Building Permits issued on the proposed 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.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The submitted Specific Development Guide does accurately reflect the performance standards
and allowed uses described in the Estate zone district, The E (Estate) lots shall comply with all
(Estate) requirements as described previously. 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(Agricultural)to PUD for Two(2) residential lots with Estate uses is conditional
upon the following:
1. Prior to recording the Change of Zone plat:
A. The applicant shall submit a letter to Public Works requesting a waiver of the pavement
requirement for the PUD. (Department of Public Works)
RESOLUTION PUDZ14-0001
JOHN& NANCY FRITS
PAGE 5
AB. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PUDZ14-0001. (Department of Planning Services)
2) "Weld County's Right to Farm" statement as provided in Section 22-2-20.J.2 of the Weld
County Code shall be placed on any recorded plat and recognized at all times.
(Departments of Public Health and Environment and Planning Services)
3) Front, side and rear utility easements are not required to be indicated on the Change of
Zone plat and shall be removed.Topographical lines, interior lot lines and internal roads,
mailbox locations and delineation of all structures shall also be removed from the plat.The
property boundary and all recorded easements shall be shown on the plat.(Department of
Planning Services)
4) County Road 1 is designated on the Weld County Road Classification Plan as a collector
road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of
right-of-way.An additional 10 feet shall be delineated on the plat as future County Road 1
right-of-way. All setbacks shall be measured from the edge of future right-of-way. 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. If the right-of-way cannot be verified,it shall
be dedicated. This road is maintained by Weld County. (Department of Public Works)
5) County Road 36 is designated on the Weld County Road Classification Plan as a local
gravel 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. (Department of Public Works)
6) Show the culvert size at each residential driveway entrance. (Department of Public Works)
7) Delineate all County road numbers, existing and future right-of-way, and section corner
information.
SC. 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. Drill envelopes can be delineated on the plat in
accordance with the State requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites. Section 22-5-80.A 1 CM.Policy 1.1. Access
to future mineral resource development areas should be considered in all land use decisions in
accordance with state law. No County governmental authority which has control over zoning
shall, by zoning, rezoning,granting a variance or other official action or inaction, permit the use of
any area known to contain a commercial mineral deposit in a manner which would interfere with
the present or future extraction of such deposit by an extractor." Anadarko Petroleum Corporation
stipulates that they have the subsurface mineral estate for hard rock mineral, including coal,
which underlies the property. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the commercial mineral 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. (Department of
Planning Services)
CD. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper
copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
RESOLUTION PUDZ14-0001
JOHN& NANCY FRITS
PAGE 6
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
one hundred twenty(120)days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
2. 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:
A. A Change of Zone from A(Agricultural)to PUD for two(2)residential lots with Estate Zone Uses.
(Department of Planning Services)
B. Water service shall be obtained from Longs Peak Water District. (Department of Public Health
and Environment)
C. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system.
Sewage disposal shall be by septic systems designed in accordance with the regulations of the
Colorado Department of Public Health and Environment,Water Quality Control Division and the
Weld County Code in effect at the time of construction, repair,replacement,or modification of the
system. (Department of Public Health and Environment)
D. Language for the preservation and/or protection of the absorption field shall be placed on the plat.
The note shall state that activities such as permanent landscaping, structures, dirt mounds or
other items are expressly prohibited in the absorption field site. (Department of Planning
Services)
E. The historical flow patterns and run-off amounts will be maintained on site. (Department of
Public Works)
F. 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 the
Weld County Department of Public Health and Environment,a fugitive dust control plan must be
submitted. (Department of Planning Service
G. In accordance with the regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and practical
methods that are technologically feasible and economically reasonable in order to minimize dust
emissions. (Department of Public Health and Environment)
H. 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, and apply for a permit from the Colorado Department of Public Health and
Environment. (Department of Planning Services)
I. "Weld County's Right to Farm"as provided in Section 22-2-220.J.2 of the Weld County Code shall
be placed on any recorded plat. (Department of Planning Services)
J. Activities such as landscaping (i.e. planting of trees and shrubs)and construction (i.e. auxiliary
structures,dirt mounds,etc.)activities are expressly prohibited in the designated absorption field
site. (Department of Planning Services)
K. A separate building permit shall be obtained prior to the construction of any structure.
(Department of Building Inspection)
L. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the
County Wide Road Impact Program. (Department of Planning Services)
M. Building Permits issued on the proposed lot,will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services)
RESOLUTION PUDZ14-0001
JOHN & NANCY FRITS
PAGE 7
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of
Planning Services)
O. 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)
P. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment 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 Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
Q. The site shall maintain compliance at all times with the requirements of the Weld County
Government and the adopted Weld County Code and Policies.(Department of Planning Services)
R. No development activity shall commence on the property,nor shall any building permits be issued
on the property until the final plan has been approved and recorded. (Department of Planning
Services)
S. 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)
T. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
3. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within Sixty(60)days of approval by the Board of County Commissioners.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)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be
recorded within the required sixty (60) days from the date the Administrative Review was signed a
$50.00 recording continuance charge shall added for each additional 3 month period.
5. At the time of Final Plan submission:
A. The applicant shall delineate all easements of record, including the reception number and book
and page for all easements and rights-of-way of record in accordance with County standards
(Section 24-7-60)and/or Utility Board recommendations.(Departments of Public Works, Planning
Services)
B. The applicant shall ad additional plat notes, including yet not limited to County road numbers,
existing and future right-of-way, and section corner information.
RESOLUTION PUDZ14-0001
JOHN & NANCY FRITS
PAGE 8
C. Intersection sight triangles at the development entrance will be required. All landscaping within
the triangles must be less than 21/2 feet in height at maturity, and noted on the final roadway
plans. (Department of Planning Services)
D. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of the
Weld County Code. (Department of Planning Services)
E. The applicant shall contact the Vegetation Weed Management Specialist with the Weld County
Public Works Department to develop a weed management plan. The approved plan shall be
included in the Final Plan application. (Department of Planning Services)
F. The applicant shall submit an executed agreement securing water from the Longs Peak Water
District for service to the PUD. Evidence of the agreement and sign off from the Longs Peak
Water District shall be provided to the Department of Planning Services. (Department of Planning
Services)
6. Prior to recording the final plat:
A. The applicant shall provide evidence requirements of the RE-1J School District have been
addressed. (Weld School District RE-1J)
B. The applicant shall submit a digital file of all drawings associated with the Final Plan application.
Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable GIS formats are.shp
(Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is.tif(Group 4)(Group 6 is not acceptable). (Department of Planning Services)
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
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 May 6, 2016.
Dated the 6th of May, 2016.
Digitally signed by Kristine
93 G r1L.,`i')n/^I,p4Q{yt. Ranslem
Date:2014.05.09 15:50:05-06'00'
Kristine Ranslem
Secretary
pa nainair
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Amend Development Standard 4 to include the days of operation Monday through Saturday,
Motion by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
The Chair advised the applicant to visit with staff for further direction on re-permitting the well for
commercial use if he wishes to utilize the existing septic system.
Motion: Forward Case USR14-0006 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jason Maxey, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0008
APPLICANT: ANADARKO E&P COMPANY LP
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE FACILITY INCLUDING AN OIL AND GAS
SUPPORT AND SERVICE FACILITY (STORAGE AND STAGING OF OIL AND
GAS EQUIPMENT ALONG WITH BUILDINGS UTILIZED FOR AN OFFICE,
LIGHT VEHICLE MAINTENANCE AND MATERIAL STORAGE) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: N2 SECTION 2,T3N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 38 AND WEST OF ADJACENT TO CR 35.
Chris Gathman, Planning Services, presented Case USR14-0008, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
David Grigsby, Landmark Builders, representing Anadarko, explained the layout of the site on the visual
slide of the site plan. Anadarko is currently utilizing 8 different locations in Weld County; therefore they
believe the consolidation of this inventory material will create a reduction in traffic.
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 asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR14-0008 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 Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: PUDZ14-0001 EXHIBIT
APPLICANT: JOHN & NANCY FRITS
PLANNER: KIM OGLE $
Plitt/ N-100
ADl'/-J53
REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT
FOR TWO (2) LOTS WITH ESTATE ZONE DISTRICT USES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11 -0002; PART W2NW4 SECTION 7, T3N. R68W
OF THE 6TH P.M. , WELD COUNTY. COLORADO.
LOCATION : EAST OF AND ADJACENT TO CR 1 ; SOUTH OF AND ADJACENT TO CR 36.
Kim Ogle, Planning Services, presented Case PUDZ14-0001 , reading the recommendation and
comments into the record. A letter of objection from Anadarko Petroleum Corporation was received
regarding the subsurface mineral estate interests. Under Condition of Approval 1 . B the applicant shall
submit a copy of the agreement with the property's mineral owner/operators or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements.
John Frits, 16898 CR 1 , stated that he currently resides on the property. They purchased the property
with their daughter and her family with the intention of adding a second residence. They had hoped to do
a Recorded Exemption; however they were ineligible.
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 asked if the paving waiver can be addressed here or if Public Works will handle that. Mr.
Carroll said that they would like to receive a document from the applicant requesting the paving waiver.
Mr. Ogle recommended adding a Condition of Approval 1 .A that states "The applicant shall submit a letter
to Public Works requesting a waiver of the pavement requirement for the PUD" and then re-letter
accordingly.
Motion : Add Condition of Approval 1 .A as state by staff and re-letter accordingly, Motion by Jason
Maxey, Seconded by Benjamin Hansford. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval and if they
are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case PUDZ14-0001 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by
Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0011
APPLICANT: PLUMB RIDGE LLC, CIO EXPEDITION WATER SOLUTIONS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES. OIL AND GAS
SUPPORT FACILITY INCLUDING A CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING AND A
WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER
WASHOUT FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A, B AND C OF REC EXEMPT RE 5024: PART W2 SECTION 36, T5N.
R64W OF THE 6TH P. M. . WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50: EAST OF AND ADJACENT TO CR 59.
Kim Ogle, Planning Services, presented Case USR14-0011 , reading the recommendation and comments
into the record. No letters or electronic mail has been received from adjacent or surrounding property
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