HomeMy WebLinkAbout20070534.tiff HEARING CERTIFICATION
DOCKET NO. 2007-09
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN, PZ #600, FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES, ONE (1)
COMMON OPEN SPACE OUTLOT, AND CONTINUING OIL AND GAS PRODUCTION
(DISTANT THUNDER PUD) - JZM, LLC /JOHN ZADEL
A public hearing was conducted on February 28, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther E. Gesick
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Pam Smith
Public Works representative, Jesse Hein
The following business was transacted:
I hereby certify that pursuant to a notice dated February 9, 2007, and duly published February 14,
2007,in the Fort Lupton Press,a public hearing was conducted to consider the request of JZM,LLC,
c/o John Zadel, for a Site Specific Development Plan and Planned Unit Development Final Plan,
PF #600, for nine (9) lots with E (Estate) Zone uses, one (1) common open space outlot, and
continuing oil and gas production-Distant Thunder PUD. Bruce Barker,County Attorney,made this
a matter of record. Chair Long advised John Zadel,applicant,that he has the option of continuing
this 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, Commissioner Masden will listen
to the record and make the determining vote. Mr.Zadel indicated he would like to proceed today.
Michelle Martin, 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
gave a brief description of the location of the site. She stated the applicant has chosen to adhere
to the bulk requirements of the E(Estate)Zone District for the residential lots,and the requirements
of the A(Agricultural)Zone District for the open space outlot,with the exception of the minimum lot
size,as approved under the Change of Zone application. She further stated residences will not be
allowed in the open space outlot,and the remaining lots will be serviced by the Central Weld County
Water District and septic systems. Ms. Martin stated the site is within the Intergovernmental
Agreement (IGA) area for the City of Dacono, and the applicant has entered into an Annexation
Agreement. She stated the site is also within the three-mile referral area for the City of Fort Lupton,
which indicated no objection;however,it did express concerns regarding compatibility. Ms. Martin
reviewed the surrounding land uses, and stated the 48.63 acres of open space will be accessible
to the residents of the development. She stated the applicants are requesting a reduction in the
amount of open space to 47.5 acres,and staff supports the request. She further stated 20 referral
agencies reviewed the proposal,and 14 responded favorably or provided comments that have been
addressed in the Conditions of Approval and Development Standards.
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Pam Smith, Department of Public Health and Environment, stated her comments were based on
the original plat; however,the Department of Public Works just provided a revised plat submitted
by the applicant, which she has not had adequate time to review. Ms. Smith requested her
Conditions of Approval remain in the Resolution,which will allow her adequate time to review the
revised documents. She stated she is not sure whether the items have been satisfied at this time,
and the review is complicated by the presence of an IGA and proposed sewer lines. She further
stated the applicant is proposing to install septic systems until such time as the lots are able to
connect to public sewer.
Jesse Hein, Department of Public Works, stated the site will be accessed from Weld County
Road 19,which is a collector status road requiring 80 feet of right-of-way at full buildout. He stated
the proposal is for only nine lots, therefore, an Off-Site Improvements Agreement is not being
required. Mr. Hein stated the internal cul-de-sac will be constructed with two twelve-foot paved
lanes and four-foot gravel shoulders,which are proposed to be accepted for public maintenance.
In response to Mr.Zadel,Ms.Smith reviewed her comments regarding the septic envelopes and the
need for notes on the plat. She requested the Conditions of Approval regarding these matters
remain in the Resolution until she has had adequate time to review the revised documents and
determine whether the Conditions have been met. Mr. Zadel stated he has been working on this
project for seven years,and he has made the changes as requested by the Department of Public
Health and Environment. He stated at one time there was discussion regarding the extension of a
sewer line into the area;however,it still would have been approximately one mile away. He further
stated the discussions regarding the sewer line have ceased and public sewer service will not be
available in the near future. In response to Commissioner Jerke, Ms. Smith agreed that creating
nine lots on 80 acres will not create a density problem. Responding to Chair Long, Ms.Smith stated
her comments also addressed some issues with the Covenants, which she does not have. She
stated it does not appear the appropriate notes have been added to the revised plat,and some of
the language in the Covenants needs to be clarified to address concerns regarding management
of the septic systems,therefore, she will work with the applicant after the hearing to ensure these
are completed.
Mr. Zadel stated the site has beautiful western views, the residents will be able to use the open
space, he has spent the necessary funds to bring in a waterline,and the open space is planted with
native grasses.
Doug Graff represented the applicant and stated the revised plat designates primary and secondary
septic envelopes on each lot. He stated he also submitted the Covenants for review,and based on
feedback from the County Attorney's Office,the language regarding septic system absorption fields
was modified. Responding to Commissioner Rademacher,Mr.Graff stated the ditch does not pass
through the property, rather, it is approximately 150 yards north of the site. He stated he placed
three calls to the Bull Ditch Company, and left messages regarding the placement of the ditch in
relation to the property; however, he did not get a response.
No public testimony was offered concerning this matter. Responding to Chair Long, Ms. Smith
stated Condition of Approval#1.1 requires written verification that the requirements and concerns
of the Department of Public Health and Environment have been addressed. Responding to Chair
Long,Mr.Zadel questioned what health issues are still outstanding. In response to Commissioner
Jerke,Ms.Martin submitted a copy of her original referral comments,and Mr. Barker also provided
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a copy to the applicant for review. Ms. Smith stated she has not seen evidence of the plat notes,
or revised language in the Covenants. She clarified the revised language has been placed in the
Design Guidelines;however,they do not get recorded. She stated the applicant may have done the
necessary changes;however,she has not had an opportunity to verify that the appropriate changes
have been made on the plat and Covenants before they are recorded.
Commissioner Jerke proposed continuing this matter for one week to allow staff the ability to review
the revised documents and provide a level of comfort for the applicant. Mr. Zadel expressed
frustration with the continued delay,as well as previous delays when records were lost and had to
be resubmitted. Mr. Graff stated the language has been reviewed and accepted by the County
Attorney,and he questioned whether it was the applicant's responsibility to ensure the documents
were circulated among the appropriate departments. Chair Long stated all of the appropriate staff
members will be provided with the necessary documents, and he thanked the applicant for their
input.
Commissioner Jerke moved to continue the request of JZM,LLC,do John Zadel,for a Site Specific
Development Plan and Planned Unit Development Final Plan, PF #600, for nine (9) lots with
E(Estate)Zone uses,one(1)common open space outlot,and continuing oil and gas production-
Distant Thunder PUD,to March 7,2007,at 10:00 p.m.,to allow the Department of Public Health and
Environment staff adequate time to review the revised plat and Covenants. The motion was
seconded by Commissioner Rademacher, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:45 a.m.
This Certification was approved on the 5th day of March 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
EISOUNTY, COLORADO
ATTEST: j '�'eus_�®l /'��
_S�L �,,
vid E. Lo Chair
Weld County Clerk to the M1arp.,
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1u � I"� Will���� ro Tem
BY: �- l "(
De Clerk the Board
William F. Garcia
TAPE #2007-05 EXCUSED
Robert D. Masden
DOCKET#2007-09
Douglas ademach
2007-0534
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