HomeMy WebLinkAbout20110243.tiff HEARING CERTIFICATION
DOCKET NO. 2011-01
RE: CHANGE OF ZONE, PZ #1140, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS
WITH E (ESTATE) ZONE DISTRICT USES AND APPROXIMATELY THIRTEEN (13)
ACRES OF COMMON OPEN SPACE - TWIN PEAKS AT IRIS LANE PUD - MERINO
CONSERVATION GROUP, LLC
A public hearing was conducted on January 19, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 10, 2010, and duly published
December 15, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Merino Conservation Group, LLC, for Change of Zone, PZ #1140, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9)
lots with E (Estate) Zone District uses and approximately thirteen (13) acres of common open
space - Twin Peaks at Iris Lane PUD. Bruce Barker, County Attorney, made this a matter of
record.
Michelle Martin, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. She gave a brief description of the location of the site, which is not influenced by an
Intergovernmental Agreement area, but is within the three-mile referral area for the Towns of
Berthoud and Johnstown, and Boulder and Larimer Counties. She stated staff received no
response from Boulder County. Ms. Martin indicated the property is serviced by the Little
Thompson Water District and the lots are proposed to have individual septic systems. She
explained the applicant is requesting a waiver from the minimum lot size, to allow two-acre lots;
and a waiver from the minimum sign requirement, to allow a 48-square-foot monument sign.
She stated 22 referral agencies reviewed this proposal, and 13 responded favorably or provided
comments which have been addressed in the Conditions of Approval. Ms. Martin displayed a
vicinity map and photographs of the site and surrounding land uses, which she reviewed for the
record. She stated there are other residential subdivisions to the west and north, which
classifies this proposal as urban scale; however, currently this site contains no improvements
with the exception of an oil and gas well.
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Heidi Hansen, Department of Public Works, stated County Road 3 is a local gravel road with
sixty (60) feet of right-of-way. She stated the proposal will increase the traffic volume; therefore,
the applicant will be required to enter into an Improvements Agreement for dust control and a
proportional share of improvements in the event the County paves the roadway in the future.
She further stated the internal roads are proposed to be paved, the applicant intends to work
with the utility company to remove the existing overhead power lines, and the Geotechnical
reports are acceptable. In response to Commissioner Rademacher, Don Carroll, Department of
Public Works, stated the site is located southwest of the existing Garcia PUD, which was the
first development in the area. He explained there was a Road Improvements Agreement that
required escrow money from each lot sale; however, the agreement included a five-year term
limit and the collateral has since been released. Ms. Hansen stated Twin View Estates PUD
has a similar collateral arrangement, and the terms of the agreement have not yet expired. In
response to Chair Kirkmeyer, Mr. Carroll stated at that time five (5) years was the standard
term; however, it has since been increased to ten (10) years to allow the County more time for
improvements and development buildout. In response to Chair Kirkmeyer and Commissioner
Rademacher, Ms. Martin stated there will be one internal access to the residential area, which
will also accommodate the oil and gas access. Responding further to Chair Kirkmeyer,
Ms. Hansen stated the average daily traffic count for County Road 3 was 190 vehicles, taken
in 2008, and any roadway with traffic counts in excess of 200 vehicles requires dust control and
is added to the list as a future paving project.
Lauren Light, Department of Public Health and Environment, stated the site will be serviced by
the Little Thompson Water District; however, because review of the case has been pending for
some time, the applicant will be required to obtain a current commitment letter from the water
district, as stipulated in Condition of Approval #1.D. She stated the overall density is one septic
system per 3.8 acres, which meets the one-acre minimum. She further stated the plat and
Covenants will also include notes that prevent landscaping or building within the septic fields,
and staff has no concerns with the proposal.
Robb Casseday, Casseday Creative Designs, LLC, represented the applicant and stated this
project was started in 2006, and despite the economic downturn, he believes this is a good time
to prepare the lots in anticipation of an economic recovery. He stated the proposal is
compatible with the Weld County Code and standards, and the applicant is in agreement with
the proposed Conditions of Approval and has already accommodated many of the referral
requests. In response to Commissioner Rademacher, Mr. Casseday explained the applicant is
requesting a waiver of the minimum lot size to provide smaller lots for easier maintenance, while
still allowing adequate space for a nice home. He stated the additional space also allows for
additional emphasis on open space and the walking path. Responding to Chair Kirkmeyer,
Mr. Casseday confirmed each lot will contain separate leach fields, and Ms. Light added the
building permit process will require testing to determine whether engineered systems are
required. In response to Commissioner Rademacher, Mr. Casseday indicated the nearest
public sewer is either the Town of Berthoud or Town of Johnstown, which are approximately two
or three miles away. Responding to Commissioner Garcia, Mr. Casseday stated the applicant is
working with the water district to bring an upgraded water line to the entrance of the proposed
development, which would then extend further into the existing Twin View Estates PUD. He
further stated discussions with the Fire Protection District indicate the existing water line has
inadequate flow for fire hydrants, so the current requirement is to have fire sprinklers in each
residence, although that requirement may change at Final Plan if the line is upgraded. In
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response to Chair Kirkmeyer, Ms. Martin stated staff's intent is to require a note on the Change
of Zone plat indicating the homes may require fire sprinkler systems, and address the formal
sign off from the Fire Protection District at the time of Final Plan depending on the status of the
water line and anticipated construction.
In response to Chair Kirkmeyer, Mr. Casseday stated the applicant is in agreement with the
Conditions of Approval; however, he reiterated their request to waive the minimum lot size to
allow two-acre lots, waive the maximum sign standard to allow a 48-square foot monument sign,
waive the requirement for curb/gutters/sidewalks, and allow for administrative review of the Final
Plan. He also referenced Condition #1.F and submitted evidence of an attempt to mitigate the
requests of the Consolidated Home Supply Ditch and Reservoir Company (previously scanned
into the file as document #2011-0233). He read portions of his letter, dated July 21, 2008, and
indicated there are two conditions which the applicant is not willing to agree to: 1) a 100-foot
exclusive easement (50 feet from centerline, or 25 feet from the top of the bank), and 2) that the
applicant obtain signed agreements from the surrounding property owners, indemnification from
any damage caused by their ditch and employees, and reimbursement for legal fees and
engineering fees. He stated the applicant is willing to remove the existing oil and gas access
that would fall within the requested 100-foot easement and designate a nonexclusive 50-foot
easement from the ditch centerline. He further stated they have designed the development to
bring all of the oil and gas well operations and access interior to the subdivision and provided
access to the farm property in the adjacent subdivision. Mr. Casseday stated there is still visible
water leakage along the ditch and an exclusive easement would prevent the applicant from
doing any mitigation work, and in the event of damages or legal costs, the ditch's request would
make the applicant responsible. He stated they have provided the Ditch Company with every
opportunity to enter into an agreement; however, the applicant is not willing to accommodate the
indemnification and exclusive easement issues, and is respectfully requesting the Board find
they have made adequate attempts to comply with Condition of Approval #1.F. Chair Kirkmeyer
stated she agrees with the applicant and questioned why they are even willing to allow a 50-foot
easement when there is already an existing 30-foot easement, and the Board concurred by
providing direction to staff that the submitted evidence meets Condition #1.F
No public testimony was offered concerning this matter. In response to Chair Kirkmeyer,
Ms. Martin confirmed criteria #2.b.1 addresses the two-acre waiver request, and the Board
agreed with the request as submitted. Chair Kirkmeyer and the Board also instructed that
Condition of Approval #1.A.3 be modified to clarify the 48-square-foot monument sign is allowed
as long as it is adequately setback to not impact sight distance. In response to Chair Kirkmeyer,
Ms. Hansen stated staff is agreeable with the request for waiver of curb/gutter/sidewalks. She
explained this is one of the later developments to come into the area, which triggered the
requirement under urban scale; however, the waiver will preserve the rural atmosphere and is
consistent with prior developments in the area. Chair Kirkmeyer clarified that the Board is in
agreement with waiving the curb/gutter/sidewalk requirements, since the County will not be
accepting the internal road for maintenance, it will provide easier maintenance for the
Homeowners' Association, and actually helps enhance drainage flow into the adjacent grassy
areas. Lastly, Ms. Martin indicated agreement with an administrative review of the Final Plan,
as noted in criteria #2.h. In response to Chair Kirkmeyer, Mr. Casseday stated the applicant will
provide an updated commitment letter from the Water District, as requested by staff. Following
discussion, the Board agreed the submitted evidence and testimony meets the intent of
Condition of Approval #1.F for attempting to mitigate the concerns of the Consolidated Home
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Supply Ditch and Reservoir Company and it may be deleted. Chair Kirkmeyer and the Board
commented the applicant would also be within their rights to abide by the existing 30-foot
easement; however, it is up to the applicant if they still want to grant up to 50 feet.
Commissioner Rademacher stated he appreciates the applicant's attempt to mitigate concerns;
however, he does not want to mandate that every house have a sprinkler system. Chair
Kirkmeyer agreed based on Commissioner Rademacher's years of experience as a volunteer
fire fighter.
Commissioner Rademacher moved to approve the request of Merino Conservation Group, LLC,
for Change of Zone, PZ #1140, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for nine (9) lots with E (Estate) Zone District uses and
approximately thirteen (13) acres of common open space - Twin Peaks at Iris Lane PUD, based
on the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval as entered into the record. His motion included direction from the Board to waive the
2.5-acre minimum requirement and allow two-acre lots as indicated in criteria #2.b.1, to modify
Condition of Approval #1.A.3 to allow a 48-square-foot monument sign with the provision that it
be adequately setback and not hinder sight distances, to provide instruction to waive the
curb/gutter/sidewalk requirement, to modify criteria #2.h to allow an administrative review of the
Final Plan application, and to delete Condition of Approval #1.F based on the submitted
documentation as evidence of an attempt to mitigate the concerns of the Consolidated Home
Supply Ditch and Reservoir Company. The motion was seconded by Commissioner Conway,
and it carried unanimously. (Clerk's Note: Criteria #2.6.3 was also modified to reflect the
Board's intent concerning waiver of the sign standard; Criteria #2.e was modified to reflect the
Board's instruction for waiver of the curb/gutter/sidewalk standards; and Condition of
Approval#2.K was also modified to reflect new standard language which was agreed upon by
the Board in a subsequent hearing.) There being no further discussion, the hearing was
completed at 10:46 a.m.
This Certification was approved on the 24th day of January, 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CO RADO
ATTEST: t /
,f, ` `bara Kirkmeyer, Chair
Weld County Clerk to the 3f w 1/42 /1 �� 1
u` ' p `w r, A can P. 77, Pro-Tem
BY: (vd L I��`rru � i
Deputy Clerk to the Board
m F. Garcia
David E. Long
EXCUSED DATE OF A ROVAL
Douglas Rademacher
2011-0243
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1140 - MERINO CONSERVATION GROUP, LLC
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 01/04/2011)
D. Planning Staff Certification and Photo of sign posting
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