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Home My WebLink About20102255.tiff HEARING CERTIFICATION DOCKET NO. 2010-41 RE: CHANGE OF ZONE, PZ #1150, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR EIGHT (8) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, ALONG WITH FOUR OUTLOTS (OUTLOT A - FOR CENTRAL WATER SYSTEM APPURTENANCES AND DISTRIBUTION AND EMERGENCY ACCESS; OUTLOT B - EXISTING GAS WELL PRODUCTION FACILITY; OUTLOT C - ENTRY SIGN; AND OUTLOT D - SCHOOL BUS SHELTER AND MAIL KIOSK) - WIGAARD SMITH PUD - SHERRY WIGAARD AND VELOIS SMITH A public hearing was conducted on September 29, 2010, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Lauren Light Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated August 13, 2010, and duly published August 18, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the request of Sherry Wigaard and Velois Smith, for Change of Zone, PZ#1150, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for eight (8) residential lots with E (Estate) Zone uses, along with four outlots (Outlot A—for central water system appurtenances and distribution and emergency access; Outlot B — existing gas well production facility; Outlot C — entry sign; and Outlot D — school bus shelter and mail kiosk) — Wigaard Smith PUD. Bruce Barker, County Attorney, made this a matter of record. Chris Gathman, 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. He stated the applicants are requesting an eight (8) lot PUD located in a rural agricultural area, which is within the three-mile referral area for Adams County; however, a referral response was not received. He indicated the property is also situated immediately east of the fenced property boundary of the Wildlife Conservation Center, permitted under Use by Special Review (USR) Permit #1253, and the facility operator submitted a letter of concern during the referral process. However, the applicants have since met with Pat Craig of the Wildlife Conservation Center and they have reached an agreement that has been submitted for the record. He further stated there are three existing residences immediately adjacent to the Lit C�, PL, Po, C is is io 2010-2255 PL2080 HEARING CERTIFICATION - SHERRY WIGAARD AND VELOIS SMITH (PZ#1150) PAGE 2 boundaries of the site, and five residences within one-half of a mile. Mr. Gathman stated the application is proposing a central water system utilizing an existing well and a proposed new well, and the Colorado Division of Water Resources has offered the opinion that the proposed water supply is adequate without causing injury to the decreed water rights provided the existing well (permit#180126) is re-permitted according to the decree in water court case #2006CW181. In regards to the use of a central water system, Section 27-2-170 of the Weld County Code states, "Water systems, including wells which rely upon Denver Basin aquifers shall also acquire and incorporate into a permanent supply plan alternative renewable water sources to ensure water supplies for the future." He stated the applicant did provide a letter in an attempt to address the issue and assert that many subdivisions have a 100-year water supply requirement, whereas, Weld County has a 300-year supply requirement, and they would connect to municipal water in the future, if necessary. He stated staff supports approval of the request as a Specific Development Guide now that there is an agreement in place with the adjacent Wildlife Conservation Center. Mr. Gathman displayed photographs of the site and surrounding area, and in response to Commissioner Conway, he confirmed the pictures were taken recently; not on January 2, 2006, as indicated on the date stamp. Heidi Hansen, Department of Public Works, stated the site will be accessed from County Road 55, which is a collector status road which requires 80 feet of right-of-way; however, there is currently only 60 feet of right-of-way. She stated the last traffic count for County Road 55 was taken in June, 2008, with an average daily traffic count of 103 vehicles. Ms. Hansen stated the lots will be accessed from an interior roadway, Annie Lane, which will be maintained by the Homeowners' Association (HOA). She stated the Drainage Report is acceptable, and she explained the Code allows the option of a full stormwater detention, or provide evidence that post development imperviousness is ten percent, or less, for the entire site, and that the nearest downstream roadway is not over-topped in a ten year storm. She indicated the applicant has chosen the latter option; therefore, the site will not contain a detention pond, which should not be a problem due to the large lot sizes. She further stated the applicant will be required to submit construction and grading drawings, a Final Drainage Report, and enter into an Improvements Agreement at the time of Final Plan application. Lauren Light, Department of Public Health and Environment, stated the applicant is proposing to use a well as a central water system, which the State may view as a public water system serving more than 25 people. She stated the Conditions of Approval require documentation that this issue has been addressed when submitting the Final Plan application. She further stated the overall density of the septic systems and well is adequate, and the plat will include notes to prevent the placement of landscaping on top of the septic systems. In response to Chair Rademacher, Mr. Gathman stated Condition of Approval #5.H was included to address the concerns expressed in the referral response from Colorado Interstate Gas, and he has received no additional correspondence on the matter. Cliff McKissack, JCM Development, LLC, represented the applicant and thanked the various staff members for working with them on this project. Regarding the previous question concerning the Colorado Interstate Gas issue, Mr. McKissack stated the conduits are now in 2010-2255 PL2080 HEARING CERTIFICATION -SHERRY WIGAARD AND VELOIS SMITH (PZ#1150) PAGE 3 place under the gas lines, and they have no concerns with complying with the conditions specified in the letter. Pat Craig, Wildlife Conservation Center, stated he initially had concerns with the potential for nearby residents; however, he has worked with the applicants and they are agreeable to the placement of an eight-foot privacy fence. He stated the Weld County Right to Farm Statement will also be included on the plat, as well as an advisement of the neighboring wildlife sanctuary, which should help protect against any future complaints. In response to Commissioner Garcia, Mr. Craig stated the concerns in his letter, dated June 21, 2010, have been discussed and addressed. Commissioner Garcia stated the sanctuary is one of Weld County's gems, and he is very proud of their efforts. Mr. Craig stated he hopes this does not set a precedent for future subdivision in the area; he mentioned the sanctuary's efforts to raise money to purchase more of the surrounding land to establish a buffer against any future development; and he thanked the Board for their continued support. There being no further testimony, Chair Rademacher closed public testimony. Mr. Gathman suggested addressing the request of language to acknowledge the presence of the Wildlife Animal Sanctuary. Mr. Barker proposed language for the record to state, "Adjacent to the property shown on the plat is The Wild Animal Sanctuary and there is an Agreement for PUD Subdivision Conditions, dated September 26, 2010, which states various conditions to which the owners of the PUD Subdivision will be subject." (Clerk's Note: Following the hearing the County Attorney directed Planning Staff to work with the applicant to get the Agreement recorded and include the recording information on the plat and provide a copy of the recorded document for the file, marked Exhibit E.) In response to Chair Rademacher, Mr. McKissack indicated agreement with the proposed language and stated he has no additional revisions. Mr. Gathman stated the applicant did provide a response to the requirement under Section 27-2-170 regarding the water system, marked Exhibit D, and Chair Rademacher and the Board concurred that 300 years is more than adequate and the requirement to address the criteria in Section 27-2-170 can be deleted. (Clerk's Note: All references to the requirements listed in Section 27-2-170 have been deleted from criteria paragraph #2.d and Condition of Approval #1.D of the Resolution.) In response to Chair Rademacher, Mr. McKissack stated he and the applicants have reviewed, and agree to abide by, the Conditions of Approval, as proposed and modified. Commissioner Garcia moved to approve the request of Sherry Wigaard and Velois Smith for Change of Zone, PZ #1150, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for eight (8) residential lots with E (Estate) Zone uses, along with four outlots (Outlot A—for central water system appurtenances and distribution and emergency access; Outlot B — existing gas well production facility; Outlot C — entry sign; and Outlot D — school bus shelter and mail kiosk) — Wigaard Smith PUD, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record and modified. (Clerk's Note: To meet the intent of the discussion, the last three sentences were deleted from criteria paragraph #2.d, Condition of Approval #2.D was deleted, and Condition of Approval #2.0 was added to state, "Adjacent to the property shown on the plat is The Wild Animal Sanctuary and there is an Agreement for PUD Subdivision Conditions, dated 2010-2255 PL2080 HEARING CERTIFICATION - SHERRY WIGAARD AND VELOIS SMITH (PZ#1150) PAGE 4 September 26, 2010, recorded at Reception No. 3733961, dated November 22, 2010, which states various conditions to which the owners of the PUD Subdivision will be subject.") The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 11:45 a.m. This Certification was approved on the 4th day of October, 2010. BOARD OF COUNTY COMMISSIONERS ‘ /Ni/ELD COU COLORADO ATTEST", ,.:J �esyr,A1 !/" ougl�s Rade acher, Chair Weld County Clerk tot . \ !I EXCUSED / ; ,f Barbara Kirkmeyer, Pro-Tem BY: V i Deputy Clerk to the Boa c___ - Sears-P. William F. Garcia EXCUSED DATE OF APPROVAL David E. Long 2010-2255 PL2080 It 0 sr 0 1 G v %° ,,) N i 7- 2 O c IT) w LL N 1_/1 p w `C a 0 m ; l ' w o N1\.) Q 1`� ko U = N us. o cc U I,N Id a i FNm Di ra alla > F w 3C 3 " r• N4- � , S U N p .p O M M S`V) • r+ C'9 \ k Cc z L1) La m a '- �� V, moQ- I`' "I J 3 r O51-1 R 0Q c a O QED p k. O o J IZ 1-- � C �T" _ L. « t < L J 2 0 2 O 'r `� i'1 UU (q d i N \ j C q i . . W 0 0 0 J < 000 a NC L -c ti v) * * * O) �\1 `^ C- W a I-- I- I- o N K Z ILI Ili Ill N ill ,�� m 2 UUU w s n t" -% Z V r 000 C z o 1 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1150 - SHERRY WIGAARD AND VELOIS SMITH 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 09/07/2010) E-mail and Letter re: Alternative Water Supply, dated D. Planning Staff 09/17/2010 Agreement for PUD Subdivision Conditions, dated E. Pat Craig 09/26/2010 F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello