HomeMy WebLinkAbout20142881.tiff BEFORE 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: PUDZ14-0002
APPLICANT: GODDARD INVESTMENTS LLC
PLANNER: CHRIS GATHMAN
REQUEST: A CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) FOR 16 RESIDENTIAL
LOTS WITH ESTATE ZONE USES ALONG WITH ONE (1) ACRE OF OPEN
SPACE AND A 0.06 ACRE OUTLOT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0025; PART N2SE4 SECTION 8,T2N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 17; 0.25 MILES 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.B.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.
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.
Section 22-1-12- F 3. R.Policy 6.3. Roadway and/or pedestrian connections to 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 comments in their e-mail dated August 26, 2014. 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).
B. Section 27-6-120.8.6b- 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 of Lot 16 that is proposed to be 2.01 acres in size.
Section 27-6-80.B.7 states: "All urban scale development PUDs c. EXHIBIT
element shall provide for a fifteen-percent common open space alloc_
stated in Chapter 26 of this Code."
fI�I 6 —060o`L
RESOLUTION PUDZ14-0002
GODDARD INVESTMENTS LLC
PAGE 2
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.
Although this site is considered urban scale based on having more than ten (10) lots and
being adjacent to an existing subdivision, this site is not located within an urban growth
boundary area or coordinated planning area of a municipality. 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 1 acre of open space proposed with this
PUD. Staff is requesting that at a minimum the proposed drainage easements to be included
as open space.
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. This site is located within the 3-mile referral areas of
the Town of Frederick and the Town of Firestone. The Town of Frederick, in their referral
dated July 17, 2014, indicated no conflicts with their interests. No referral response has been
received from the Town of Firestone.
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
ll the Weld County Code. The Department of Public Health and Environment, in their referral
dated July 11, 2014, indicates that the applicant has satisfied Chapter 27 in regards to sewer
service. Sewer will be provided by individual on-site wastewater treatment systems.Water is
proposed to be provided by the Central Weld County Water District.The Colorado Division of
Water Resources, in their referral dated June 19, 2014, offered the opinion that with the
District as the water supplier for the development,the proposed water supply can be provided
without causing material injury to existing water rights and the supply is expected to be
adequate.
E. Section 27-6-120.B.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.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 and Road Maintenance Agreement is
required
RESOLUTION PUDZ14-0002
GODDARD INVESTMENTS LLC
PAGE 3
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.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 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.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 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. Staff is recommending that the proposed
drainage easements be incorporated as open space outlots and be incorporated as open
space as a part of this PUD. This would bring the common open space to 7-8%of the entire
site. Staff believes that this is a reasonable compromise given the fact that the PUD is urban
scale(more than 9 lots)and located adjacent to an existing subdivision.Additionally, oil and
gas setbacks are not presently shown on the change of zone plat map and clarification
regarding types of gas lines need to be provided to verify that there is room for future homes
and outbuildings on the proposed lots. As a result staff is requesting that this PUD be
approved as a conceptual development and be reviewed by the Board of County
Commissioners at the final plan stage.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A)Agricultural to PUD with Estate Zone Uses is conditional upon the following:
1. Prior to recording the 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)(condition met 9/16/14)
C. The applicant shall address the requirements(concerns)of the New Coal Ridge Ditch Company
as stated in the referral letter from Lyons Gaddis Kahn Hall Jeffers Dworak&Grant response on
behalf of New Coal Ridge Ditch Company dated June 19, 2014. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
RESOLUTION PUDZ14-0002
GODDARD INVESTMENTS LLC
PAGE 4
D---The a ioant•shal-I-attest to address the-req-u-irements(eoncern-s)of-the Mountain View Fire
Protection-Distr+ctia-s-state4Th-the referral espouse ed-July 16, 2014. -Evidcnce-of such shall
de-submitted-+n writing-to he-Weld--Cou ty-Department-of Planning Services-. (Department-of
Plar n-ing--Services-)
E. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDZ14-0002. (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)
5. All approved accesses shall be delineated on the plat. (Department of Planning
Services-Engineer)
6. County Road 17 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 Planning
Services-Engineer)
7. The internal road right-of-way shall be sixty (60) feet in width. (Department of
Planning Services-Engineer)
8. The typical cross section of the interior road shall be shown as two 12-foot paved
lanes with 4-foot gravel shoulders(Rural Local Paved—typical section). (Department
of Planning Services-Engineer)
9. Proposed drainage easements shall be removed from the change of zone plat.
(Department of Planning Services)
10. Setback radiuses for existing oil and gas tank batteries and wellheads shall be
indicated on the plat per the setback requirements of 23-3-440.L of the Weld County
Code. (Department of Planning Services)
11. Identify the type of gas lines on the plat. Indicate if gas lines are flow lines or high
pressure gas lines. (Department of Planning Services)
F. 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 (Planned Unit Development) with 16 Residential Lots with Estate Zone Uses
along with One (1) Acre of Open Space and a 0.06 Acre Outlot as indicated in the
application materials on file in the Department of Planning Services and subject and
governed by the Conditions of Approval stated hereon and all applicable Weld
County Regulations. (Department of Planning Services)
RESOLUTION PUDZ14-0002
GODDARD INVESTMENTS LLC
PAGE 5
2. The E (Estate) lots shall comply with all E (Estate) requirements with the exception
that lot 16 does not meet the minimum E(Estate) lot size requirement of 2.5 acres.
(Department of Planning Services)
3. 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
Planning Services)
4. Water service shall be obtained from the Central Weld County Water District.
(Department of Public Health and Environment)
5. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Health Department, a fugitive dust control plan
must be submitted. (Department of Public Health and Environment)
6. 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 Public
Health and Environment)
7. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater
than or equal to one acre in area. Contact the Water Quality Control Division of the
Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
8. 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 Public Health and Environment)
9. "Weld County's Right to Farm"statement as provided in Appendix 22-E of the Weld
County Code shall be recognized at all times. (Department of Public Health and
Environment)
10. A Homeowners 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)
11. Should noxious weeds exist on the property, or become established as a result of
the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld
County Code. (Department of Planning Services-Engineer)
12. The historical flow patterns and runoff amounts will be maintained on the site.
(Department of Planning Services-Engineer)
13. All signs including entrance signs shall require building permits. Signs shall adhere to
the approved sign plan. (Department of Planning Services)
14. 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)
RESOLUTION PUDZ14-0002
GODDARD INVESTMENTS LLC
PAGE 6
15. A building permit will be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit
application must be completed and submitted. Buildings and structures shall conform
to the requirements of the various codes adopted at the time of permit application.
Currently the following has been adopted by Weld County: 2006 International
Residential Building Code;2012 International Energy Code;2006 International 2011
National Electrical Code; and Chapter 29 of the Weld County Code. A plan review
shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
16. A Fire District Notification Letter is required prior to issue of the building permit.
(Department of Building Inspection)
17. 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)
18. 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)
19. 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)
20. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within three (3) years of the date of the approval of the
PUD Zone District, the Board of County Commissioners shall require the landowner
to appear before it and present evidence substantiating that the PUD project has not
been abandoned and that the applicant possesses the willingness and ability to
continue with the submission of the PUD Final Plan. The Board may extend the date
for the submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Board
determines that conditions or statements made supporting the original approval of
the PUD Zone District have changed or that the landowner cannot implement the
PUD Final Plan, the Board of County Commissioners may, at a public hearing
revoke the PUD Zone District and order the recorded PUD Zone District reverted to
the original Zone District. (Department of Planning Services)
21. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27
of the Weld County Code. (Department of Planning Services)
G. 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)
2. At the time of Final Plan submission:
A. The applicant shall submit a set of sign standards as required by Section 27-6-90.E.1. of the
Weld County Code for review and approval. (Department of Planning Services, Sheriff's Office)
RESOLUTION PUDZ14-0002
GODDARD INVESTMENTS LLC
PAGE 7
B. The applicant shall submit development covenants for Panorama Estates PUD. The covenants
shall address that state: "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." The covenants shall also address signage requirements and
refer to the Weld County Code. (Department of Public Health and Environment)
C. Intersection sight triangles at the development entrance will be required. All landscaping within
the triangles must be less than 2% feet in height at maturity, and noted on the final roadway
plans. (Department of Public Works)
D. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the final plat. Easements shall follow rear and side lot
lines and shall have minimum total width of twenty (20) feet apportioned equally on abutting
properties. Where front line easements are required, a minimum of fifteen (15) feet shall be
allocated as a utility easement. (Department of Planning Services)
E. The applicant shall submit to Public Works a stamped, signed and dated final plat drawings and
roadway / construction and grading plan drawings for review. Construction details must be
included. (Department of Planning Services-Engineer)
F. The applicant shall submit to Public Works a stamped, signed and dated final plat drawings and
roadway / construction and grading plan drawings for review. Construction details must be
included. Stop signs and street name signs will be required at all intersections and shown on the
final roadway construction plans. (Department of Planning Services-Engineer)
G. An accepted Final Drainage Report stamped and signed by a Professional Engineer registered in
the State of Colorado is required. (Department of Planning Services-Engineer)
H. Final grading, drainage construction, erosion and sediment control plans, and water quality
control plans (conforming to the drainage report) stamped, signed and dated by a professional
engineer licensed in the State of Colorado shall be submitted for review and approval.
(Department of Planning Services-Engineer)
I. The applicant shall provide additional information pertaining to the plant materials, including
common, botanical and species names, size at installation and any additional information
deemed necessary, if any for the front entrance way and open space areas. (Department of
Planning Services)
J. The applicant shall submit a re-vegetation plan of all disturbed areas disturbed areas during
construction. The plan shall include information regarding plant type, installation methods and
maintenance. (Department of Planning Services)
K. The applicant shall demonstrate how the proposed plant material will be watered. (Department of
Planning Services)
L. 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)
M. The Weld County Building Technician will provide addresses at the time of Final Plat. The
subdivision street name and lot addresses shall be submitted to the Mountain View Fire
Protection District,the Weld County Sheriff's Office, Ambulance provider, and the Post Office for
review. Written evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Planning Services)
N. 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
RESOLUTION PUDZ14-0002
GODDARD INVESTMENTS LLC
PAGE 8
4. Prior to recording the final plat:
A. Original copies of the approved covenants along with the appropriate recording fee(currently$6
for the first page and $5 for subsequent pages) shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the State. (Department of Planning Services)
C. An improvements agreement will be required prior to recording of the final plat. The agreement
and form of collateral shall be accepted by the Board of County Commissioners prior to recording
the Use by Special Review plat. (Department of Public Works, Department of Planning Services)
D. The applicant shall demonstrate that the school bus stop and mailbox meets the intent of the
Americans with Disabilities Act (ADA)for access. The Department of Building Inspection shall
review the proposed structure for compliance with all applicable codes as warranted. Evidence of
approval shall be submitted to the Department of Planning Services. (Department of Planning
Services)
Motion seconded by Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 September 16, 2014.
Dated the 16th of September, 2014.
Digitally signed by Kristine
96 t.,&ilaiun_ Ranslem
Date:2014.09.23 09:26:27-06'00'
Kristine Ranslem
Secretary
`b1Z61 I I`-I EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING i✓
Tuesday, September 16, 2014
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,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman, Terry Cross.
Absent/Excused: Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Department of Planning Services; Don Carroll
and Janet Lundquist, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the September 2, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: PUDZ14-0002
APPLICANT: GODDARD INVESTMENTS LLC
PLANNER: CHRIS GATHMAN
REQUEST: A CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) FOR 16 RESIDENTIAL
LOTS WITH ESTATE ZONE USES ALONG WITH ONE (1) ACRE OF OPEN
SPACE AND A 0.06 ACRE OUTLOT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0025; PART N2SE4 SECTION 8, T2N, R67W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 17;0.25 MILES NORTH OF CR 22.
Chris Gathman, Planning Services, presented Case PUDZ14-0002, reading the recommendation and
comments into the record. Mr. Gathman noted that 2 letters were received from a surrounding property
owner concerned with some access easements that cross his property. Mr. Gathman said that the
accesses the letter referred to are not part of the proposed PUD and has clarified that with the
surrounding property owner. Additionally, the surrounding property owner is requesting a 300 foot
landscape buffer. The PUD will comply with the E (Estate) Zone District requirements with the exception
that one of the lots (Lot 16) will be less than 2.5 acres in size. Additionally, the applicants are requesting
waiver from the 15% common open space requirement for this PUD. One (1) acre is proposed as open
space for this PUD. Mr. Gathman indicated that staff is recommending that the proposed drainage
easements along the west side of the PUD be designated as open space lots. This would bring the
amount of open space up to 7-8% of the total site. Staff is recommending this and feels that this is a
reasonable compromise based on the fact that this PUD is proposing more than 9 lots, is adjacent to an
existing urban scale subdivision (Enchanted Hills) and borders the Town of Firestone at the very
northwestern tip of the property. The Department of Planning Services recommends approval of this
application with the attached conditions of approval.
Janet Lundquist, 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.
Sheri Lockman, 36501 CR 41, Eaton, Colorado, stated that the applicant is requesting a 16 residential lot
subdivision that essentially follows the Estate Zone District. Ms. Lockman said that the applicant has
chosen not to plan for the 15 percent requirement of open space. She added that they debated the need
for open space and decided that any additional space would in the end not be used by the homeowners
and become an issue to maintain the open space. Additionally, she recognized that this site is adjacent
to another subdivision but it is an older subdivision with large lots and Firestone has not built out to this
location. She emphasized that they are worried that there will be open space that will be a burden to
1
maintain. She added that they would rather see this open space utilized for pasture for the individuals
that own the lots.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Cheryl Susbauer, 1041 CR 17, stated that she purchased the property and enjoys the peace and view of
the area. She wants to ensure that her property will remain agricultural as she does have animals on her
property. Additionally, she is concerned that the 500 feet buffer is still too close to her property.
The Chair stated that Ms. Susbauer is able to maintain her animals on her land as it is agricultural zoned
property and will remain agricultural.
Ms. Lockman reassured Ms. Susbauer that these proposed lots are very similar in zoning to her lot. She
added that these proposed lots will have a little more strict zoning but for the most part they will be very
similar. With regard to buffering between the two lots, they are like uses and the 2 residences will be
similar. The access between those lots will be specifically for oil and gas and these potential landowners
are not allowed to use that access.
Ms. Lockman requested that Condition of Approval 1.D be removed as they understand the construction
standards set by the Mountain View Fire District and added that those standards will be met and
requested that that condition be placed at the Final Plat Stage.
Additionally, Ms. Lockman requested to remove Condition of Approval 1.B which refers to entering into an
agreement with the property's mineral owners or show evidence that an adequate attempt has been
made. Ms. Lockman said that they have worked closely with Encana representatives to ensure that all of
their concerns are met and has submitted emails for review. She added that Encana has indicated that
they will not enter into an agreement with them as they were told by Encana's Legal Counsel that they will
not support any subdivision because they are opposed to the State Law requiring that they enter into
separate agreements with each property owner.
Ms. Lockman referred to Condition of Approval 1.E.9 regarding open space and requested that it be
removed.
The Chair said that Condition of Approval 1.B states that an attempt should be made and feels that with
the submitted emails that item has been addressed.
Motion: Delete Condition of Approval 1.D, Motion by Benjamin Hansford, Seconded by Jordan Jemiola.
Motion carried unanimously.
With regard to Condition of Approval 1.E.9, Commissioner Maxey said that the Code is here for a reason
and staff does a very good job with mitigating these issues and coming to a compromise. However he has
a little difficulty when this is proposing a one or two percent open space. He added that with staff's
suggestion of allowing the drainage easements to be used as open space is a valid compromise as it still
does get to the 15 percent open space requirement. Mr. Maxey understands the applicant's point;
however it seems that these drainage easements would then be of the benefit for a couple lots, whereas
the community couldn't go to this open space to ride their horse if they choose not to ride it on their
property. Ms. Lockman said that the need is questionable but whether that outweighs the weed
maintenance, cost to irrigate and the issues that come with maintaining that area and feels that the
practical use for this is pasture.
Commissioner Jemiola said that he understands with 4 acre lots there is enough space for recreational
activities. He asked if there no open space to take care of then what is the purpose of an HOA. Ms.
Lockman said that the HOA maintains the internal roads, design criteria of the homes, agreements with
the County to maintain county roads.
Tommy Ray, Panorama Estates owner, stated that they did discuss open space quite a bit throughout this
process. He said that he owns a 3 acre lot and added that there is enough space that he doesn't go to a
public park. He would like to see one homeowner own it and be able to graze his horses or cattle on it to
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maintain it. He doesn't think the burden should be that of all the landowners but of that one owner to
keep their animals on.
The Chair asked Mr. Gathman what staffs opinion is with regard to this request and the designation of
the PUD and the open space and why it is required. Mr. Gathman said that essentially you are creating a
community and that a park is usually associated with these communities. Staff recommends that there
should be some open space that the community should be allowed to use. He added that staff has
compromised with the applicant to include these drainage easements and bringing the total to 7 or 8
percent of the required 15 percent open space.
Commissioner Wailes said that each lot may be used differently, some may have horses or cattle and
others might have grass. After hearing the concerns of the neighbor, he feels that having the property
under a single owner might better serve the neighbors since there will be more control. The Chair
clarified that the surrounding property owner does not live next to this site and that the applicant is
referring to the drainage easements located on the western portion of the property.
The Chair asked the Planning Commission if they wish to amend or remove the Condition of Approval
1.E.9. No one wished to make any changes; therefore Condition of Approval 1.E.9 will remain.
The Chair asked the applicant if they have read through the amended 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 PUDZ14-0002 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Jordan
Jemiola, 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, Michael Wailes,
Nick Berryman, Terry Cross.
Meeting adjourned at 7:10 pm.
Respectfully submitted,
Digitally signed by Kristine
�f?�1 Ranslem
Date:2014.09.18 08:30:03-06'00'
Kristine Ranslem
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 2, 2014
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,
Jason Maxey, at 1:54 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Chris Gathman, Department of Planning Services; Brad Yatabe, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the August 19, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Nick Berryman. Motion passed unanimously.
CASE NUMBER: PUDZ14-0002
APPLICANT: GODDARD INVESTMENTS LLC
PLANNER: CHRIS GATHMAN
REQUEST: A CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) FOR 16 RESIDENTIAL
LOTS WITH ESTATE ZONE USES ALONG WITH ONE (1) ACRE OF OPEN
SPACE AND A 0.06 ACRE OUTLOT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0025: PART N2SE4 SECTION 8, T2N, R67W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 17;0.25 MILES NORTH OF CR 22.
Chris Gathman, Planning Services, stated that staff is requesting a continuance to the September 16,
2014 Planning Commission hearing to provide sufficient notice to the surrounding property owners.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion: Continue Case PUDZ14-0002 to the September 16, 2014 Planning Commission hearing,
Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary:Yes =9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 1:58 pm.
Respectfully submitted,
Digitally signed by Kristine
` gi p lvu Ranslem
Date:2014.09.02 15:08:15-06'00'
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 29, 2014
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,
Jason Maxey, at 1 :30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman . Terry Cross.
Absent: Benjamin Hansford.
Also Present: Chris Gathman, Diana Aungst, Department of Planning Services; Don Carroll, Department
of Public Works; Lauren Light and Heather Barbare, Department of Health; Brad Yatabe, County
Attorney, and Kris Ranslem, Secretary.
Motion : Approve the August 5, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: PUDZ14-0002
APPLICANT: GODDARD INVESTMENTS LLC
PLANNER: CHRIS GATHMAN
REQUEST: A CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) FOR 16 RESIDENTIAL
LOTS WITH ESTATE ZONE USES ALONG WITH ONE ( 1 ) ACRE OF OPEN
SPACE AND A 0.06 ACRE OUTLOT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0025; PART N2SE4 SECTION 8, T2N, R67W
OF THE 6TH P.M. , WELD COUNTY. COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 17; 0.25 MILES NORTH OF CR 22.
Chris Gathman , Planning Services, presented Case PUDZ14-0002, requesting that this case be
continued to the September 2, 2014 Planning Commission Hearing. The sign posting is required to be
posted 15 days prior to the hearing and has been posted.
The Chair asked if there was anyone in the audience who wished to speak for or against this
continuation . No one wished to speak.
Motion : Continue Case PUDZ14-0002 to the September 2, 2014 Planning Commission Hearing, Moved
by Nick Berryman, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman. Terry Cross.
CASE NUMBER: USR14-0030
APPLICANT: KTC FARM LLC. C/O Al ORGANICS
PLANNER: CHRIS GATHMAN
REQUEST: AN AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT USR-930 (ORGANIC MATERIALS COMPOSTING
AND PROCESSING FACILITY) TO UPGRADE COMPOSTING FACILITY FROM
A CLASS III TO A CLASS I COMPOSTING FACILITY AND OBTAIN A
CERTIFICATE OF DESIGNATION IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RE-3252; PART NW4 SECTION 35. T7N, R66W OF THE
6TH P.M.. WELD COUNTY. COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 76: EAST OF AND
ADJACENT TO CR 33.
Chris Gathman, Planning Services, presented Case USR14-0030, 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.
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