HomeMy WebLinkAbout20083063.tiff HEARING CERTIFICATION
DOCKET NO. 2008-91
RE: CHANGE OF ZONE, PZ #1131, FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR NINE (9) RESIDENTIAL LOTS
WITH E(ESTATE)ZONE USES,WITH 9.94 ACRES OF OPEN SPACE REFERRED TO AS
"TRACT 1"AND"TRACT 2",AND A FIVE(5)ACRE NON-BUILDABLE OUTLOT FOR OIL
AND GAS ACTIVITIES - ROBERT BUDERUS
A public hearing was conducted on November 19, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated October 24, 2008, and duly published October 31,
2008, in the Greeley Tribune, a public hearing was conducted to consider the request of Robert
Buderus for Change of Zone, PZ#1131,from the A(Agricultural)Zone District to the PUD(Planned
Unit Development) Zone District for nine (9) residential lots with E (Estate) Zone uses, with
9.94 acres of open space referred to as "Tract 1" and "Tract 2", and a five (5) acre non-buildable
outlot for oil and gas activities. Cyndy Giauque, Assistant County Attorney, made this a matter of
record. Chair Jerke advised the applicant's representative, Jeff Couch, TEAM Engineering, that
he has the option of continuing the matter to a date when the full Board will be present. However,
if he decides to proceed today, the matter will require three affirmative votes, or in the case of a
tie vote, Commissioner Long will listen to the record and make the determining vote. Mr. Couch
indicated he would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered
the favorable recommendation of the Planning Commission into the record as written, and
indicated the PUD will be known as Serenity View Estates. He clarified, at a hearing previously
held on September 5, 2007, the matter was continued indefinitely in order to allow the applicant
additional time to address concerns regarding property mineral rights. He indicated a Surface Use
Agreement was completed, dated July 18, 2008, and staff determined the previous concerns have
been sufficiently addressed. He stated the site is located east of County Road 15, north of County
Road 84, and he gave a brief description of the surrounding properties. He further stated the site
is located within the three-mile referral area for the Town of Severance and Larimer County, both
of which indicated no objections. He clarified the PUD is considered to be an urban scale
development, due to the close proximity to other developments, including Peace Haven Minor
2008-3063
PL1919
0 c Pt , t'J, rf z i j ydo 6
HEARING CERTIFICATION - ROBERT BUDERUS (PZ#1131)
PAGE 2
Subdivision,and Tranquility Estates PUD. He further clarified the internal road shall be paved,with
curb, gutter, and sidewalks, and at least fifteen percent of the site shall be designated as open
space on the plat. He indicated seventeen referral agencies reviewed the request, and the
Colorado Division of Wildlife is the only agency which did not provide a response. He further
indicated correspondence has been received from a surrounding property owner to the south, and
the applicant has agreed to eradicate the tumbleweeds to mitigate the concerns presented. Mr.
Ogle displayed photographs of the site and surrounding area, and in response to Commissioner
Rademacher, he indicated the Town of Severance did not provide any comments within the
referral. Further responding to Commissioner Rademacher, Mr.Ogle indicated Ken Lind,Attorney,
representing the North Weld County Water District, provided a letter regarding the Water Service
Agreement for the site.
Don Dunker, Department of Public Works, stated County Road 84 is a local gravel road which is
maintained by the County, and requires 60 feet of right-of-way at full buildout. He stated the traffic
counts for County Road 84, taken in July, 2007, indicate an average of 133 vehicle trips per day,
and this PUD will add an additional 86 vehicle trips per day. He indicated County Road 15 is a local
paved road, containing 60 feet of right-of-way, and a traffic study was not required on this road.
He stated the applicant shall be required to provide the proportional share of costs for the future
paving of County Road 84, and dust suppression shall be provided at least twice per year, or more
often, as determined by the Department of Public Works. Mr. Dunker indicated the internal road,
Serenity View Way, will be paved with twelve-foot lanes, and four-foot gravel shoulders, and the
culdesac radius shall be 65 feet. He further indicated the Homeowners' Association (HOA) shall
provide maintenance of the road, and he requested language be added to Condition of
Approval #1.A.4 to state, "The internal roadway, Serenity View Way, shall be maintained by the
Homeowners'Association (HOA)." He confirmed the drainage facility within the PUD will also be
maintained by the HOA; however, the applicant does have the option of continuing the project with
the current drainage plans,or, he may adhere to the requirements listed within Ordinance#2008-9.
He requested additional language be placed within Condition of Approval #5.J, indicating the
applicant has a choice. He clarified Ordinance #2008-9 indicates detention is not required for
developments which contain nine lots or less, in which the average lot size is greater than three
acres,when not more than six inches of stormwater flows across a County roadway during a storm
event, and when off-site flows are being handled safely. In response to Commissioner
Rademacher, Mr. Dunker reiterated the applicant may choose to go forward with the current
drainage plans, which include utilizing a detention pond, or, the applicant may follow the
requirements listed within Ordinance#2008-9. He further stated the historical flow on the site flows
away from the adjacent lateral ditch, and off-site flows currently come across the lateral ditch and
onto the subject property.
Lauren Light, Department of Public Health and Environment, stated the North Weld County Water
District will provide water service to the site; however, the applicant has not provided
documentation from the District,therefore,Condition of Approval#5.E requires a signed agreement
with the District. She indicated individual septic systems will handle the effluent flow, and the
overall density of one system per 6.6 acres meets the specified requirements. She further
indicated previous borings indicated a shallow bedrock at four feet in depth, therefore, engineered
septic systems may be required. She confirmed the Department has no outstanding concerns with
the application.
2008-3063
PL1919
HEARING CERTIFICATION - ROBERT BUDERUS (PZ #1131)
PAGE 3
Chair Jerke issued a five-minute recess.
Upon reconvening, Mr. Couch represented the applicant and stated the property is owned by
Robert Buderus, and is being developed by Doug Kindsfater. He indicated the development has
been created with regional planning in mind, a forty-foot easement has been dedicated along the
south boundary line, and the Water District has since installed a 16-inch water line to provide
service to the development. He indicated the placement of the water taps on the map provided,
and confirmed a Water Service Agreement has been finalized and submitted to staff. He clarified
an agreement exists with the Cactus Hill Lateral Ditch Company, and the requested right-of-way
and maintenance provisions were provided to the ditch company within the agreement. He
indicated the yield of the ditch shrinks approximately 50 percent each year, therefore, the ditch
company is planning to pressurize the ditch,and a pump station will be constructed to deliver water
through 60-inch and 45-inch pressurized pipes. He clarified these improvements are significant
for this development, since it allows a pressurized connection to be obtained by the HOA, and the
agricultural water portfolio,which is not utilized within the treatment process, may be utilized by the
various developments within the area. He confirmed Saddler Arena PUD pioneered the effort, and
a Dual Operating Agreement has been finalized with the Water District, which allows the HOA to
obtain potable water through the irrigation ditch. Mr. Couch indicated the Water District has
confirmed the fire hydrants for the development may be removed from the potable water system
and operated through the pressurized water received from the ditch,which allows the development
to utilize the potable water system for domestic use only. He confirmed the water improvements
are a huge benefit for the North Weld County Water District and will become a significant selling
point for the development.
Mr. Couch indicated it has taken more than one year to resolve the oil and gas issues on the site,
and the applicant was required to purchase the mineral rights for a total of$100,000.00 in order
to gain approval for the Surface Use Agreement. He clarified the mineral owner, Anadarko Land
Corporation, recently merged with Kerr-McGee Oil and Gas OnShore, LP, which is an exploratory
company with a different management style. He indicated the placement of the drilling windows
on the map provided, and indicated the applicant is being required to pay for the directional drilling
on a per-foot cost basis, which amounted to $100,000.00. He further indicated, upon approval of
this application, the applicant will be required to provide an additional $5,000.00 to purchase the
hard rock minerals;however,the completed Surface Use Agreement is very exact and concise,and
the location of the access,tank sites,separators,drill heads,and a 50-foot easement for placement
of a regional pipeline have been determined within the agreement. He clarified Anadarko plans to
drill within the immediate area within the next year; however, he is unsure of a specific
commencement date. Mr. Couch confirmed a neighbor to the south has expressed issues
regarding the need for irrigation water to cross the road and the applicant is willing to accommodate
those needs, and the alignment of the interior road was placed in conjunction with the existing
driveway to ensure a safe intersection. He indicated the recent heavy winds have contributed to
the debris of tumbleweeds against the fence, and the applicant has been on the property for the
past several days removing the tumbleweeds and discing the site to prevent soil erosion. He stated
he does not anticipate any other issues with other surrounding property owners, the development
will provide great access to the City of Fort Collins, and provides great views. He clarified Mr.
Buderus currently lives on the site, and the additional lots were created to surround the parcel on
which his residence is located. He confirmed there is adequate space for the placement of septic
2008-3063
PL1919
HEARING CERTIFICATION - ROBERT BUDERUS (PZ#1131)
PAGE 4
systems, and the applicant is not opposed to engineered septic systems, if they are deemed to be
required. He indicated the entryway will accommodate a bus turnaround area, as well as sufficient
space for the requirements of the Post Office.
In response to Commissioner Masden, Mr. Couch confirmed an emergency access exists on
County Road 84, which will be graveled to provide all-weather access; however, it will be only be
utilized by emergency responders, and will blend in with the proposed landscaping with the
placement of dirt and seed over the top. Further responding to Commissioner Masden, Mr. Couch
indicated space was reserved at both the north and south portions of the development for detention
purposes; however, he is pleased with the possibility of being able to follow the regulations set forth
within Ordinance#2008-9, therefore, he will study both options and determine the best option for
this development. He further stated an agreement has been finalized with Weld County School
District RE-4, the Cactus Hill Lateral Ditch Company, the North Weld County Water District, and
the Poudre Valley Fire Protection District. In response to Commissioner Masden, Mr. Couch
indicated Weld County School District RE-4 is requiring a cash-in-lieu fee, in the amount of
$2,200.00 per lot.
Further responding to Commissioner Masden, Mr. Couch explained how the pressurized water will
be piped through the ditch, which will give the ditch company the ability to extend the irrigation
season and give the development the ability to save domestic capacity. In response to
Commissioner Rademacher, Mr. Couch indicated the Weld County Paramedic Service is the
emergency service provider, and he reiterated the internal roadway will be paved. Further
responding to Commissioner Rademacher, Mr. Couch indicated he has had discussions with the
Town of Severance, regarding annexation of the property; however, the Town has adamantly
stated it does not wish to annex residential development. In response to Chair Jerke, Mr. Couch
indicated the Water District is excited to be able to utilize the Agricultural component of its water
portfolio, and the water may be supplemented, if necessary.
No public testimony was offered concerning this matter.
In response to Chair Jerke, Mr. Ogle indicated the applicant has requested an Administrative
Review of the Final Plan application, and the Board concurred with the request. At the request of
the Acting Clerk, Mr. Dunker reiterated his recommendation to add additional language to
Conditions of Approval #1.4.A, and #5.J, as previously referenced, and the Board concurred with
both modifications. Mr. Couch stated the developments listed within Criteria of Approval #2.b.1
need to be modified to indicate the Sorrel Ridge Subdivision, and the Prairie Ridge Estates
Subdivision. The Board concurred with the modification. Mr. Ogle indicated Condition of
Approval #1.J may be deleted since the applicant has provided a copy of the Surface Use
Agreement, and the Board concurred. In response to Chair Jerke, Mr. Couch indicated he has
reviewed and concurs with the Conditions of Approval, as modified.
Commissioner Garcia moved to approve the request of Robert Buderus for Change of Zone,
PZ #1131, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for nine (9) residential lots with E (Estate) Zone uses, with 9.94 acres of open space
referred to as "Tract 1" and "Tract 2", and a five (5) acre non-buildable outlot for oil and gas
activities, based on the recommendations of the Planning staff and the Planning Commission,with
2008-3063
PL1919
HEARING CERTIFICATION - ROBERT BUDERUS (PZ#1131)
PAGE 5
the Conditions of Approval as entered into the record. His motion included the modification of
Criteria of Approval #2.b.1 to indicate the Sorrel Ridge Subdivision, and the Prairie Ridge Estates
Subdivision; the addition of language to Condition of Approval #1.A.4 to state, "The internal
roadway, Serenity View Way, shall be maintained by the Homeowners'Association (HOA)'; the
deletion of Condition of Approval #1.J, with the required re-lettering; and the addition of language
to Condition of Approval#5.J to state, "...or the applicant may follow the guidelines of Weld County
Code Ordinance #2008-9, effective September 10, 2008", as suggested within Exhibit H. The
motion was seconded by Commissioner Masden, and it carried unanimously. There being no
further discussion, the hearing was completed at 2:45 p.m.
This Certification was approved on the 24th day of November, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:ailLa
W 'am H. Jerke, Chair
Weld County Clerk to eb: O fivtql �' I I
'� Rob R. en -Tem
BY:
Deputy Clerk to the AstC
William F. Garcia
EXCUSED
id E. Long
6r� AVho. 0'V‘-�/
Douglas I&ademacher
2008-3063
PL1919
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1131 - ROBERT BUDERUS
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 07/03/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Applicant E-mail re: Request for Hearing, dated
09/23/2008
F. J. Bruce Douglas Letter of Concern and photos, dated
11/07/2008
G. Planning Staff Certification and photo of sign posting
H. Public Works Staff Memo re: Modifications to Conditions of
Approval
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
d
a
C QT M
O 'I.).- NJ
`.n , J,.i .N_ V ,n Y,it, ti�* - - -'
S�✓' N cam, i0
s (mil J i Q
O 3 1a� ! S �, 1.
oa 1� -V s
cl co W ill \CV
, t LS-:T1-
re CO6 AC cfri,j A V
W 0 °' �' r 'J
x a' cy, M
rn C.) I— 0 Q r :is y , , \ 3 M r T ,Q
? Y in 0
N
I- z < uj C
• a W 3
VQm c /1
q
F
O wcem a. 7 Qom 3) c
O0 Pow .C L L
- 4 �
O0D O7 3
< 0100
Q O1OO CD c4 ':.-4 t-t <" , k,,,''
Z in
a uu
Hello