HomeMy WebLinkAbout20071357.tiff HEARING CERTIFICATION
DOCKET NO. 2007-41
RE: CHANGE OF ZONE, PZ#1120, 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 THE EXCEPTION THAT
USES BY RIGHT AND ACCESSORY USES BE RESTRICTED TO THE FOLLOWING:
ONE(1)SINGLE FAMILY DWELLING PER LOT; ACCESSORYUSES FOR GARAGES,
CARPORTS, AND PARKING AREAS; SWIMMING POOLS, TENNIS, AND SIMILAR
RECREATIONAL FACILITIES; SERVICE BUILDINGS AND FACILITIES; AND ANY
OTHER STRUCTURE OR USE CLEARLY INCIDENTAL AND ACCESSORY TO A USE
ALLOWED BY RIGHT; AND THAT NO ANIMAL UNITS, AS DEFINED IN
SECTION 23-1-90 OF THE WELD COUNTY CODE BE ALLOWED) ALONG WITH
7.55 ACRES OF OPEN SPACE -WILLARD AND LINDA OWENS
A public hearing was conducted on June 6, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Jesse Hein
The following business was transacted:
I hereby certify that pursuant to a notice dated May 11,2007, and duly published May 16, 2007, in
the Fort Lupton Press,a public hearing was conducted to consider the request of Willard and Linda
Owens for Change of Zone, PZ#1120,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 the
exception that Uses by Right and Accessory Uses be restricted to the following:one(1)single family
dwelling per lot;accessory uses for garages,carports,and parking areas;swimming pools,tennis,
and similar recreational facilities; service buildings and facilities; and any other structure or use
clearly incidental and accessory to a Use Allowed by Right;and that no animal units, as defined in
Section 23-1-90 of the Weld County Code be allowed)along with 7.55 acres of open space. Cyndy
Giauque, Assistant County Attorney, made this a matter of record, and advised the applicants'
representative, David Shoup,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, it will require three affirmative votes,
or in the case of a tie vote, Chair Long will listen to the record and make the determining vote.
Mr. Shoup indicated he would like to proceed today.
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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 site is located south of State Highway 392 and west of Stagecoach Road, which is the
access road for the Willow Springs Subdivision, and it is the intention of the Department of Public
Works that County Road 23 be realigned along Stagecoach Road. He stated the Conditions of
Approval address the future designation required for the right-of-way of County Road 23. He stated
seventeen referral agencies reviewed the application, and fifteen referral agencies have provided
comments which have been included in the Conditions of Approval and Development Standards.
He further stated four letters were received from surrounding property owners stating concerns
regarding maintenance and repair of Stagecoach Road, which will eventually become County
Road 23,additional drainage created by the proposed development,adverse impacts to the Willow
Springs Subdivision,and traffic associated with the proposed event center. He clarified the use of
a commercial banquet facility was originally a part of the application; however, the applicant has
removed the proposed use from the application, and now the request is for nine residential lots.
Mr.Gathman stated the site is located within the Urban Growth Boundary for the Town of Windsor,
and is within the three-mile referral area for the City of Greeley and the Town of Severance. He
stated the site will be served with water from the North Weld County Water District, and septic
systems will handle the effluent flow. He further stated there are three mineral interest owners
associated with the property, including the applicant; however, there are no current leasehold
interests, nor existing oil and gas facilities located on the site. He stated the lots will comply with
the E(Estate)Zone District requirements,with the exception of Uses by Right and Accessory Uses.
He clarified one single family dwelling will be allowed per lot, with accessory uses for garages,
carports, parking areas,swimming pools,tennis and similar recreational facilities,service buildings
and facilities, and other structures or uses incidental and accessory to the Uses Allowed by Right.
He further clarified no animal units, as defined in Section 23-1-90 of the Weld County Code,will be
allowed. Mr. Gathman stated urban scale development containing a residential element shall
provide a fifteen percent common space allocation, and a portion of the site, approximately three
acres in size, is designated as common open space,which is located within the right-of-way of the
Greeley No. 2 Ditch. He stated the area is under the control of the Greeley No. 2 Ditch, therefore,
it is not considered common open space. He further stated 4.61 acres of the site are considered
common open space,which is just below the fifteen percent requirement,and the applicant is willing
to modify the design to meet the fifteen percent common open space requirement.
Chair Pro-Tem Jerke issued a short recess due to complications with the recording machine.
(Changed to Tape#2007-17).
Upon reconvening, Mr.Gathman reviewed Urban Growth Policy 3.1,found in Section 22-2-110 of
the Weld County Code. He stated the Town of Windsor indicated the site is located within the
Town's Growth Management Area and the Eastside Industrial Sub Plan Area, as well as the
Cooperative Planning Area defined within an Intergovernmental Agreement with the Town of
Severance. He further stated the Town of Windsor delineates the property as general and
neighborhood commercial and light industrial, and the cooperative planning area anticipates
commercial and industrial development of the property. He stated the Town of Windsor states if the
site were to be developed within the Town of Windsor, it would not be in compliance with the
minimum required lot size for septic systems and the development would exceed the maximum
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allowable close-end street length requirement. He clarified the Town of Windsor has requested
denial of the application and requests the applicant pursue annexation with the Town. He stated a
written referral was not received from the Town of Severance; however,a telephone conversation
was held with a Planner from the Town of Severance,who indicated agreement with the Town of
Windsor's recommendation. Mr. Gathman displayed photographs of the site, and in response to
Commissioner Masden, he clarified the entrance to the site is located directly across Stagecoach
Road from the Willow Springs Subdivision. He further stated the size of the lots range between 2.5
and 3 acres in size,and the average lot size within the Willow Springs Subdivision is approximately
2.5 acres. Pam Smith, Department of Public Health and Environment,clarified the minimum lot size
is 2 acres and the largest lot is 3.7 acres in size, therefore, it is similar in size to the adjacent
subdivision. Further responding to Commissioner Masden,Mr.Gathman stated railroad tracks are
located approximately one-quarter mile to the south of the site. In response to Commissioner
Rademacher, Mr. Gathman indicated the location of the Owens-Illinois Bottling Plant is
approximately one-half mile from the site. He further stated the Willow Springs Subdivision was
approved by the County in the early 1990's, and an agreement was not reached with the Town of
Windsor to complete the annexation process.
Ms. Smith stated the minimum lot size is two acres, and the overall density is one septic system
per 3.6 acres for the nine total residential lots. She stated the Willow Springs Subdivision contains
twenty residential lots, the lot sizes are similar in size, and each lot is served by a septic system.
She further stated a residence is located at the intersection of State Highway 392 and Stagecoach
Road,and two residences are currently under construction to the west of the site,across the ditch,
therefore, residences are located all around the site. Ms.Smith stated the site will be serviced with
water from the North Weld County Water District,and the preliminary percolation tests indicate the
southern portion of the site contains groundwater within the four-to-eight-foot range. She stated
other percolation tests completed within the surrounding area indicate the soils are good for septic
systems; however,some of the septic systems may have to be engineered. She further stated the
septic systems must meet a 50-foot setback from the ditch canal running along the north and
western perimeter of the property;however,the lots are large,therefore, no concerns are expected.
She stated the applicant does not propose to have animals or animal husbandry activities located
on the site, and due to the water table levels, two septic envelopes for each lot are required. In
response to Commissioner Rademacher, Ms. Smith stated the closest sewer line is located at the
Owens-Illinois Bottling Plant, which is at least one-half mile to the south, and she is not aware of
other lines within the immediate vicinity. Further responding to Commissioner Rademacher, Ms.
Smith stated the Antelope Hills Subdivision, located to the north of the property, and the other
residences located along County Road 23, all utilize septic systems.
Jesse Hein, Department of Public Works, stated the Department of Public Works is attempting to
realign County Roads which are not straight, and right-of-way is reserved for improvements to
County Road 23. He stated the applicant is responsible for the maintenance of the roadway,which
will consist of two 12-foot paved lanes with 6-foot paved shoulders. He stated the Willow Springs
Subdivision has already reserved the required 40 feet of right-of-way,therefore,an additional 40 feet
of right-of-way shall be reserved for this proposed development. Mr. Hein stated the development
will contain two accesses,which will be privately maintained roadways in a culdesacformation,and
will be paved with gravel shoulders. He stated drainage for the facility will be held in a detention
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pond on the south end of the property. In response to Chair Pro-Tern Jerke, Mr. Hein stated County
Road 23 is a collector status road,which requires 80 feet of right-of-way at full buildout,which is 40
feet of right-of-way on each side of the centerline. Responding to Commissioner Rademacher, Mr.
Hein stated the information regarding the detention pond will be addressed at the Final Plan. In
response to Commissioner Garcia, Mr. Hein stated the bridge located on Stagecoach Road will also
be upgraded with the improvements to County Road 23.
Mr.Shoup stated the site is approximately 32.5 acres in size,and Kent Bruxvoort,QED Engineering,
is present today to address drainage issues on the site. He stated the proposed PUD is a
compatible use with the surrounding area comprised of residential uses. He further stated the
applicant has appeared twice before the Town of Windsor Planning Commission, and after the first
meeting,the applicant was requested to meet with Scott Ballstadt,Town of Windsor Senior Planner,
and Dennis Wagner, Town of Windsor Director of Engineering, to discuss the annexation
procedure. He stated at the meeting, the applicant determined the Town of Windsor could not
provide water and sewer service to the site within a timely manner, and the Town had a different
opinion of the future plans of County Road 23. He further stated no contiguity exists with the Town
of Windsor, therefore, it is impossible to complete the annexation process at this point. Mr.Shoup
stated the application previously contained plans for eight residential lots and one lot with
commercial uses; however, after comments received from surrounding property owners, the
applicant decided to utilize nine residential lots. In response to Commissioner Rademacher,
Mr. Shoup stated the property directly west of the site is currently in agricultural production, and
several new residences have recently been built. Chair Pro-Tem Jerke requested Mr. Gathman
confirm the corporate limits of the Town of Windsor on the map provided,and stated to achieve the
requirement of one-sixth contiguity with the Town,the applicant would be dependent on other private
property owners to annex into the Town. Mr. Shoup indicated the applicant is not aware of other
surrounding property owners who are ready to annex at this time. In response to Mr.Shoup,Chair
Pro-Tem Jerke stated the drainage issues will need to be resolved at the Final Plan hearing.
Mr. Ballstadt stated he is present to represent the Windsor Planning Commission,and he provided
a map of the surrounding area, marked Exhibit G, which was also distributed at the Planning
Commission hearing. He stated the site is located within the Town of Windsor Growth Management
Area,and is delineated as general and neighborhood commercial and light industrial on the Town's
land use map. He further stated the area is also located within the Town's East Side Industrial
Sub Area Plan and within the Cooperative Planning Area, as stated in the Intergovernmental
Agreement with the Town of Severance. He stated the Town of Severance concurs with the Town
of Windsor's previous comments and recommendation. Mr. Ballstadt stated the proposed
residential lots are inconsistent with the land use depictions,and the applicant has not approached
the Town to request an amendment to the land use map, nor to propose annexation to the Town.
He stated the only proposal has been the referral from Weld County for a residential subdivision.
He clarified the applicant has met with Town officials on two occasions; however, neither meeting
proposed annexation or requested amendment to the land use map. At the request of Mr. Ballstadt,
Mr. Gathman reviewed a portion of Urban Growth Policy 3.1 again for the record. Mr. Ballstadt
explained State statute states the boundaries of a municipality may not extend more than three
miles in one year through a series of annexations; however, this site is within the three-mile
boundary extension, therefore, it would not be considered an illegal annexation. He clarified
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annexation to the Town of Windsor is not impossible for the applicant to achieve since the applicant
could utilize annexation of surrounding County Roads to achieve the required contiguity.
Chair Pro-Tern Jerke stated the applicants believe the annexation process cannot be completed
within a timely manner. In response to Chair Pro-Tem Jerke, Mr. Gathman clarified the previous
section he read into the record does not specifically address the requirements concerning
contiguity. Mr. Ballstadt reiterated the applicants have the ability to annex road right-of-way to gain
contiguity and remain within statutory requirements. He clarified the Town of Windsor has not
consented to annexation, rather, the Town is requesting the applicant come forward with an
annexation proposal to consider,which has not happened. He further stated the Town is working
with the Great Western Company to develop rail service for the area,which began with the Owens-
Illinois Bottling Plant,which is served by the Town of Windsor's infrastructure,and is currently in the
process of annexation to the Town. Mr. Ballstadt stated the Front Range Energy ethanol plant and
the Vestas Blades property are being prepared for development, and the industrial uses are a
cooperative effort within Northern Colorado. He stated the adjacent property to the south is owned
by Connell Resources,and the company plans to construct an industrial maintenance facility on the
property. He further stated Connell Resources requested water service from the Town of Windsor;
however, annexation to the Town of Windsor was recommended. He stated Connell Resources
has instead submitted an application to the Weld County Department of Planning Services for Use
by Special Review Permit#1606,which will come before the Board for consideration ata later date.
Mr. Ballstadt stated the Planning Commission's approval of the proposal was based on consistency
with the surrounding land uses; however, encroaching industrial uses to the south of the property
are conflicting with residential uses. He stated several property owners have expressed concerns
with the impacts of the Owens-Illinois Bottling Plant, and although the proposal is similar to the
Willow Springs Subdivision, additional residential lots seem contradictory due to the concerns
expressed about industrial development within the area and due to the cooperative efforts of Weld
County,the Town of Windsor, and Upstate Colorado Economic Development for development of
commercial and industrial land uses within the area.
In response to Commissioner Rademacher, regarding the time frame for annexation,Mr. Ballstadt
stated the Town Board and Town Planning Commission have jurisdiction over decisions regarding
annexation,therefore, he cannot predict a time frame for the annexation process. He further stated
the property to the west of the site, along State Highway 392 is designated commercial, according
to the Intergovernmental Agreement with the Town of Severance,and to the south is designated as
limited industrial. Further responding to Commissioner Rademacher, Mr. Ballstadt clarified the
commercial and industrial depictions on the provided map.
In response to Commissioner Garcia,Mr. Ballstadt stated the Town of Windsor could still consider
a petition for annexation from the applicant even if the other surrounding property owners remained
within unincorporated Weld County. He further stated the requirement for road right-of-way along
Stagecoach Road will be dedicated to the County; however, it could be utilized for contiguity to
complete annexation to the Town of Windsor. Further responding to Commissioner Garcia,
Mr. Ballstadt stated the applicants'engineer would need to draw an annexation plat and demonstrate
the requirement of one-sixth contiguity along the road,and typically the Town would annex the full
width of the right-of-way and make necessary improvements. He further stated the applicants'
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engineer would have to determine, through the preparation of the plat, whether one or more
concurrent annexations, approved consecutively,would be required to complete the annexation
process. In response to Commissioner Rademacher, Mr. Ballstadt stated the Willow Springs
Subdivision has not approached the Town of Windsor regarding annexation since the subdivision
was approved through Weld County in the early 1990's. Chair Pro-Tem Jerke stated he believes
the surrounding property owners within the Willow Springs Subdivision would most likely prefer nine
residential lots as a buffer to the west rather than industrial uses. Mr. Ballstadt stated the Town of
Windsor's current land use map depicts industrial land use within the proposed development area;
however, the applicant has not requested the map be amended to reflect a residential use.
Leslie Godlevsky, surrounding property owner, stated he is in support of the proposed residential
use, and he believes it will be complimentary to the Willow Springs Subdivision. He stated the lot
size and land use are complimentary,and the Homeowners'Association(HOA)of the Subdivision
would prefer residences to industrial buildings. He stated the HOA does have concerns with traffic
on the bridge and maintenance of Stagecoach Road. He stated he is confident the minor concerns
will be addressed by the applicants' representatives. In response to Chair Pro-Tem Jerke,
Mr. Godlevsky stated the required right-of-way has been granted to Weld County, and Mr. Hein
clarified the Willow Springs Subdivision has dedicated the total required amount of 40 feet of
right-of-way. Mr. Godlevsky stated the odd shape of the parcel is not conducive to industrial use,
and the residential lots will complement the existing Willow Springs Subdivision. There being no
further comments, Chair Pro-Tern Jerke closed the public input portion of the hearing.
Mr.Shoup stated the site is not adjacent to any County Road,therefore, proceeding with annexation
is not a possibility. He stated an annexation agreement was not submitted to the Town of Windsor
due to the lack of sewer and water services, and the Town does not have plans to provide these
services in the near future. He further stated the industrial land to the south is expansive, and this
small parcel of land is not a good fit for industrial uses. He stated the Town of Windsor did not
commit to provide services within a timely manner, and a letter was sent to the Town Planning
Commission indicating the desire to proceed through the application process for Weld County.
Mr. Bruxvoort stated if an annexation map were to be prepared, right-of-way to the north and west
may be utilized to complete the flagpole approach of annexation; however,Stagecoach Road is a
private road. He stated annexation to the Town would require signature by the Willow Springs
Subdivision HOA to participate in the annexation,therefore,a partnership would be required for the
annexation to be completed.
Mr. Shoup stated the Willow Springs Subdivision has dedicated 50 feet of right-of-way on the east
side of Stagecoach Road, and a total of 80 feet is required,therefore he does not understand why
the applicant will be required to dedicate 40 feet of right-of-way. In response to Mr.Shoup and Chair
Pro-Tem Jerke, Mr. Hein stated 40 feet of right-of-way must be dedicated from the centerline of
Stagecoach Road in order to center the road along the section line. Mr. Shoup stated the entire
Willow Springs Subdivision is in support of the proposal, and recent building permits have been
issued on the properties directly adjacent on the west side. In response to Chair Pro-Tem Jerke,
Mr.Shoup stated he and the applicant have reviewed,and concur with,the Conditions of Approval.
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In response to Commissioner Rademacher, Mr. Hein stated once Stagecoach Road is built to
County standard,it will become a County-maintained roadway and the entire frontage of the property
will be paved. He further stated the long-term plan is to extend County Road 23 to the south of State
Highway 392 until it aligns with the existing County Road 23. Further responding to Commissioner
Rademacher, Mr. Hein stated the bridge crossing the ditch will also have to be built to County
standard. Mr. Gathman stated the applicant has requested an administrative review of the Final
Plan. Following discussion among the Board,the Board concurred the Final Plan shall be reviewed
by the Board.
Commissioner Masden moved to approve the request of Willard and Linda Owens for Change of
Zone, PZ#1120,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 the exception that Uses by Right
and Accessory Uses be restricted to the following:one(1)single family dwelling per lot;accessory
uses for garages, carports, and parking areas; swimming pools, tennis, and similar recreational
facilities; service buildings and facilities; and any other structure or use clearly incidental and
accessory to a Use Allowed by Right; and that no animal units,as defined in Section 23-1-90 of the
Weld County Code be allowed) along with 7.55 acres of open space, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval as entered into the record. The motion was seconded by Commissioner Rademacher and
he stated it is important to respect the compatibility issues for the Town of Windsor; however,this
parcel of land is not large enough to support industrial uses. He stated he understands that the
surrounding property owners to the east would prefer a residential buffer, and the proposal is
compatible with the surrounding area,therefore, he is in support of the application. Commissioner
Garcia stated the annexation process for the Town of Windsor seemed tenuous, and would be
dependent on third party property owners. There being no further discussion, the motion carried
unanimously, and the hearing was completed at 12:15 p.m.
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This Certification was approved on the 11th day of June 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ��,�,,,_/J f �fls • . CUSED
iii _452 vid E. Long, Chair
Weld County Clerk to the ,1 an, A---1�
R I I BY: IAA1'� � �lliam ro-Tern
D4 ty Cler to the Boar?
William Garcia
TAPE #2007-16 and #2007-17 A , Vk'\Q-
Robert D. Masden
DOCKET#2007-41
Douglas ademacher
2007-1357
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ #1120 -WILLARD AND LINDA OWENS
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 04/03/2007
and 04/17/2007)
D. Clerk to the Board Notice of Hearing
E. Planning Staff E-mail from Scott Ballstadt, Town of
Windsor Planning Department, dated
05/09/2007
F. Planning Staff Certificate and photo of sign posting
G. Scott Ballstadt Map of surrounding area
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