HomeMy WebLinkAbout20102240.tiff HEARING CERTIFICATION
DOCKET NO. 2010-40
RE: CHANGE OF ZONE, PZ #1153, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES ALONG WITH .78 ACRE OF
OPEN SPACE -COUNTRY MEADOW ESTATES, LLC
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
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, Don Carroll
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
Country Meadow Estates, LLC, for Change of Zone, PZ #1153, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for nine (9) residential lots with
E (Estate) Zone uses along with .78 acre of open space. Bruce Barker, County Attorney, made
this a matter of record.
Chris Gathman, Department of Planning Services, submitted various items for the Board to
review, marked Exhibits H through K. He presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the site is located west of County Road 3; approximately one-quarter mile north of
County Road 46. He stated nineteen referral agencies reviewed the proposal, and ten offered
comments which have been addressed in the Conditions of Approval. Mr. Gathman stated the
site is located within the three-mile referral areas for the Town of Berthoud and Larimer County,
which indicated no conflicts with their interests, and the Town of Johnstown did not respond.
Mr. Gathman noted the Shultz Subdivision is located approximately one-half mile to the west of
the site, and in response to Chair Rademacher, he stated the lots south of County Road 46
were created through the Recorded Exemption process. He stated staff has received numerous
items of correspondence expressing concerns regarding dust, weeds, potential for mosquitoes,
and proximity of the access to the detention pond; however, various Conditions of Approval
have been included to address these concerns. He further stated the applicant will be required
to contribute a proportional share for dust abatement if the vehicle trips exceed 200 vehicles per
day, a Weed Management Plan will be required as part of the Final Plan application, and the
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applicant is proposing a detention pond or water quality feature which will not hold water on a
permanent basis and should not contribute to mosquito nuisance conditions. Mr. Gathman
stated additional concerns dealt with creating a precedence for lot size in the area; however, the
lots meet the 2.5-acre density requirement for public water and septic. He noted at the time of
approval for the Shultz Subdivision to the west, five lots, or less, was considered to be
non-urban scale; however, the regulations have since been amended to define non-urban as
nine lots, or less, and no closer than one-quarter mile from existing subdivisions or planned unit
developments. He further stated there is a buried irrigation pipeline on the western edge of the
property, and a 20-foot drainage and utility easement is indicated on the Change of Zone plat;
however, the property owner to the south is requesting a 50-foot easement to allow sufficient
room for access and maintenance purposes. Mr. Gathman requested the addition of a new
Condition of Approval #1.C, as reflected in Exhibit F, to address this concern. He stated
another issue of concern deals with who is responsible for maintaining the drainage ditch along
County Road 3. He explained a property owner to the north maintains the ditch and has
requested access remain open for maintenance purposes, and it appears the ditch crosses an
off-site lot outside of the PUD boundaries; however, the parcel is owned by the applicant.
Mr. Gathman indicated further concerns deal with the drainage flow that historically runs toward
a nearby reservoir, which is used for irrigation water and recreational purposes. He stated the
applicant will be required to submit a drainage plan prior to recording the final plat. He stated
opponents to the request also expressed concern with the large trees on Country Meadow
Estates which serve as a nesting area for Red Tail Hawks and Great Horned Owls; however,
the Colorado Department of Wildlife referral indicates a Raptor Survey may be warranted prior
to development of the site to determine potential negative impacts to the raptors, which is
addressed in the Conditions of Approval. Mr. Gathman stated there is an existing, private farm
road located north of the site which should not be accessible to lots within the PUD. He stated
the development will be utilizing Little Thompson water and individual septic systems, no
waivers are being requested from the Estate Zone District requirements, and the applicant is
requesting approval of this application as a Specific Development Guide allowing for
administrative review of the Final Plan. He further stated there is an Excel gas pipeline along
the northern edge of Lots 1, 2, and 3. Mr. Gathman displayed photographs of the site and
surrounding area, and in response to Commissioner Conway, Mr. Gathman stated the adjacent
house is situated on an old Recorded Exemption lot.
Don Carroll, Department of Public Works, stated the site is accessed from County Road 3,
which is a local gravel road with an average daily traffic count of 124 vehicles, per day, between
County Roads 46 and 48. He further stated a Noxious Weed Management Plan will be in place,
staff is requesting a tracking pad at the entrance during construction to prevent tracking mud
onto the County roadway, access permits will be required to ensure the placement of the proper
culvert size, and landscaping near the intersection approaching County Road 3 will not be
allowed to exceed 3.5 feet in height to ensure proper sight distance. He stated the applicant is
proposing a typical unpaved cross section, with adequate turning radius, Stop sign, and
drainage culvert. He stated the internal roadway will be 26 feet wide, with four inches of gravel
base and adequate borrow ditches, and the cul-de-sac requires a 50-foot turn-around area.
Mr. Carroll stated the Homeowners' Association (HOA) will be responsible for maintenance of
the internal roads, open space, and drainage facilities. He stated a Traffic Study is not being
required; however, if the PUD traffic triggers the warrant of 200 vehicles per day, the HOA will
be required to pay a proportional share toward dust abatement using magnesium chloride.
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He stated the preliminary drainage report appears to be adequate, the site is not located within
the flood zone, and the applicant will be required to enter into an Improvements Agreement to
address dust control. Responding to Commissioner Kirkmeyer, Mr. Carroll stated staff will work
with the applicant in finalizing the details of the Improvements Agreement at the time of Final
Plan.
Lauren Light, Department of Public Health and Environment, stated the applicant has provided a
commitment letter for service from the Little Thompson Water District, which expires March 21,
2011, and the proposal indicates one septic system per 6.4 acres, which is adequate. She
stated the Covenants will address the advisement to avoid planting landscaping over the septic
fields, the remaining health issues are addressed in the Conditions of Approval, and she has no
concerns with this request.
Elizabeth (Betty) Trott, represented the applicant and stated she and her husband purchased
the farm with plans to divide the property into nine lots, sell two of the lots, and gift the
remaining parcels to family members. She stated they intend to live at the site, and they have
no intent of disturbing wildlife or the lifestyles of the neighbors. In response to Commissioner
Kirkmeyer, Ms. Trott stated they have owned the property for 4.5 years, they do plan to live
there, and the Recorded Exemption lot was enlarged to entice potential buyers.
No public testimony was offered concerning this matter. Chair Rademacher indicated
agreement with the language proposed by Mr. Gathman. Commissioner Long expressed
concern and suggested deleting the first part and modifying the language to state, "The
applicant shall submit evidence that an adequate attempt has been made to mitigate the
concerns of the ditch operator." In response to Commissioner Kirkmeyer regarding what
constitutes an adequate attempt to mitigate, Mr. Gathman stated the applicant's intent is to
provide a 20-foot easement. Responding to Chair Rademacher, Mr. Barker stated the
easement acknowledges the existence of the pipeline, and the width is what needs to be
determined to allow for maintenance. In response to Commissioner Kirkmeyer, Mr. Gathman
stated there is an easement for the gas pipeline; however, there is not an existing easement for
the irrigation pipeline, although it is on the applicant's property and was uncovered when
working on the gas pipeline to determine the exact location. Responding to Chair Rademacher,
Mr. Gathman indicated it is his understanding that the irrigation pipeline is for the sole use of the
property owner to the south.
Ms. Trott stated they attempted to establish an easement at the time of purchase; however, the
seller was not agreeable, so at this point it exists as a historical right. She stated they
determined a 20-foot easement would be adequate when compared to a similar situation and
design of a nearby subdivision. In response to Commissioner Kirkmeyer, Ms. Trott explained
the pipeline valves are located in the northwest corner of the site, with the pipeline extending
south and another going east which irrigates their property. Responding further to
Commissioner Kirkmeyer, Mr. Trott confirmed the valve and pipeline extending south does not
belong to them, although it does cross their property and they have no intent of restricting
access to the neighbor's water. In response to Chair Rademacher, Ms. Trott stated they are not
arguing the use of the pipeline, rather, they are challenging the neighbor's request for a 50-foot
easement, considering Excel is only requesting 30 feet to accommodate a major pipeline.
Mr. Barker explained easements may be created by recorded documents, or they may be
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implied over time. He stated showing a 20-foot easement on the plat does not preclude the
operator from working beyond the boundaries to get the necessary maintenance done, but it
does designate the area the pipeline needs to be located within. Chair Rademacher stated it is
up to the pipeline owner and the property owner to come to an agreement, and if they are
unable to do so, the matter will need to be resolved in court. Commissioner Kirkmeyer stated it
could also be argued that there is no implied right because the pipeline was not addressed
when the property was divided. Ms. Trott stated they attempted to address the matter when
they purchased the property, and although they don't want to fight with their neighbor, they are
not willing to allow him to take over their property. In response to Commissioner Conway,
Ms. Trott explained the property was originally owned by Terry Snow who sold the north half to
them and the southern portion to Tim Gibson. Commissioner Kirkmeyer reiterated there is no
easement and she does not support forcing that requirement on the applicant at this point.
Responding to Chair Rademacher, Mr. Barker stated the existence of the pipeline should be
shown on the plat as notification to future property owners, and the applicant is willing to remedy
the problem. Commissioner Kirkmeyer stated at the time of purchase the owner to the south
should have taken responsibility to ensure there was an easement for access to maintain the
pipeline. She acknowledged the pipeline should be shown, but she does not support
designating an easement unless the applicant is able to come to an agreement on the
easement width with the pipeline owner.
Mr. Carroll stated he serves on the Utilities Coordinating Advisory Committee which requires a
20-foot easement on the perimeter of the property, so there will be a 20-foot easement on the
west property line regardless of any agreement the applicant may enter into. Commissioner
Kirkmeyer stated that is still different than granting an access easement to a neighbor.
Mr. Barker stated it is also incumbent upon the applicant to ensure the plat shows what is
known about the existing conditions, and it is the County's responsibility to ensure the plat is
accurate to provide fair notice to any future purchasers. In response to Commissioner
Kirkmeyer, Mr. Barker reiterated the pipeline should be shown; however, the applicant also has
the option of charging for placement of the easement at a determined width. Commissioner
Conway stated he wants to ensure the County is not taking the applicant's land by including
specific language in this Resolution, and although he agrees there is a responsibility to provide
an accurate plat, there was a good faith effort by the applicant to have the previous owner do an
easement at the time of purchase, which was declined. Mr. Barker agreed with indicating the
pipeline on the plat map and also including a note to explain its service and ownership.
Mr. Gathman suggested the addition of Condition of Approval #1.A.9, and Mr. Barker proposed
the following language, "The pipeline shall be shown on the plat with a note explaining that no
easement has been granted, either by the property owner or through the plat, but the pipeline is
being shown for purpose of disclosure to any subsequent purchasers." Ms. Trott stated they will
also attempt to control use of the area through the Covenants to ensure the pipeline remains
accessible. In response to Mr. Gathman, the Board indicated agreement with the addition of a
new Condition #1.A.9, rather than the original proposed language under Condition #1.C.
In response to Chair Rademacher, Ms. Trott stated she has reviewed, and agrees to abide by,
the Conditions of Approval, as proposed and modified.
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Commissioner Conway moved to approve the request of Country Meadow Estates, LLC, for
Change of Zone, PZ #1153, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for nine (9) residential lots with E (Estate) Zone uses along with .78
acre of open space, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record. His motion also
included the addition of Condition of Approval #1.A.9 to state, "The irrigation pipeline shall be
shown on the plat with a note explaining that no easement has been granted, either by the
property owner or through the plat, but the pipeline is being shown for purpose of disclosure to
any subsequent purchasers." The motion was seconded by Commissioner Garcia, and it
carried unanimously. Commissioner Conway reiterated this approval does not grant an
easement. There being no further discussion, the motion carried unanimously and the hearing
was completed at 11:15 a.m.
This Certification was approved on the 4th day of October, 2010.
BOARD OF COUNTY COMMISSIONERS
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EXCUSED DATE OF APPROVAL
David E. Long
2010-2240
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1153 — COUNTRY MEADOW ESTATES, LLC, C/O JAMES TROTT
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)
D. Planning Staff Certification and photo of sign posting
E. Tim Gibson E-mail of Concern, dated 09/28/2010)
Memo re: Proposed Condition of Approval, dated
F. Planning Staff 09/28/2010
Fax of portions of Colorado Real Estate Commission
G. Anonymous? Meeting, dated 03/03/2009, received 09/29/2010
Memo re: Proposed Condition of Approval (DUPLICATE
H. Planning Staff OF EXHIBIT F- Omitted from File)
Letter of Rebuttal to Neighborhood opposition, dated
I. Applicant 09/28/2010
J. Applicant Three pictures
K. Applicant Signed Farm Lease, executed 09/27/2010
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