HomeMy WebLinkAbout20070760.tiff HEARING CERTIFICATION
DOCKET NO. 2007-10
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT
DEVELOPMENT FINAL PLAN, AMPF #632, TO RELOCATE AN EXISTING
RESIDENTIAL LOT (LOT 13) AND TO RECONFIGURE EXISTING OPEN SPACE FOR
THE COTTONWOOD FALLS PUD - GKD, LLC, C/O GARY DEJOHN
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, 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 February 9, 2007, and duly published February 14,
2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of GKD,
LLC, c/o Gary Dejohn, for a Site Specific Development Plan and Amended Planned Unit
Development Final Plan, AMPF #632, to relocate an existing residential lot (Lot 13) and to
reconfigure existing open space for the Cottonwood Falls PUD. Bruce Barker, County Attorney,
made this a matter of record. Chair Long advised Gary Dejohn, 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. Dejohn indicated he would like
to proceed today.
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.
Mr.Gathman displayed photographs of the area and reviewed the surrounding land uses. He stated
the proposed amendment will convert Lot 13 into open space to accommodate a power line
proposed to go through the area, and then create a new Lot 13 within the existing open space. He
stated the original plat was recorded in 2003, and at that time the Office of the State Engineer
provided a letter,dated November 24, 2003, requiring the well on Lot 13 to be capped and that the
proposed Lot 13 tie into the water system for the remainder of the PUD. He stated the applicant has
provided evidence of his intent to meet that requirement, as required by Condition of Approval#1.B.
Mr. Gathman stated the well on the existing Lot 13 has not yet been abandoned, therefore, he
proposed the addition of Condition of Approval#4.C, Prior to Certificate of Occupancy,to state,"The
applicant shall provide written evidence that the existing well(Permit#242268)has been abandoned
according to the requirements of the Office of the State Engineer, Division of Water Resources."
2007-0760
PL1602
gf : �L /96v,, f &.i ce-O 7
HEARING CERTIFICATION - GKD, LLC, C/O GARY DEJOHN (AMPF#632)
PAGE 2
He stated the applicant has provided a letter to the State addressing Condition of Approval#1.B,and
the State is currently reviewing the matter and is in the process of drafting a response.
Mr.Gathman stated the Utilities Coordinating Advisory Committee is requiring sign-offs on the plat
from the utility providers. He stated the site was originally under the National Hog Farms and there
were a few phone boxes; however, individual lines were not connected to the homes. He stated
currently, phone service is solely cellular, so there will not be an official sign-off by Qwest.
Responding to Commissioner Jerke, Mr.Gathman stated the house across the road to the east is
vacant; however, it does share the well that is to be abandoned, and the State has indicated it is a
legal situation. He stated the applicant has discussed the option of running a line from one of the
development's water sources to that residence. He further stated the residence is under separate
ownership.
Pam Smith, Department of Public Health and Environment, stated the old houses associated with
National Hog Farms have existing septic systems. She stated the house on the lot that is being
moved has a septic system that will be abandoned, with a new system to be installed on the new
lot. She stated the water system does have a threshold of 25 people,at which time the public water
system must be activated. She further stated six of the homes are currently occupied, for a total
of 13 people currently being served by two wells, and the remaining residences are vacant.
Ms. Smith stated the public water system does not have to be activated until 25 people are being
served. She stated although Mr. Dejohn owns the remaining seven lots, and once they are sold, he
will have no further connection to the Homeowners' Association. Ms. Smith submitted a
memorandum,marked Exhibit E,requesting the addition of Condition of Approval#2.C to state,"The
Cottonwood Falls PUD is regulated by the Colorado Primary Drinking Water Regulations(5 CCR
1003-1). As such, once Cottonwood Falls PUD regularly serves a population of at least 25 people,
over six(6) months of the year, it is required to contact the Colorado Department of Public Health
and Environment, Water Quality Control Division, to activate the Cottonwood Falls Public Water
System. At that time the Public Water System must be under the responsible control of a Class
"D" Water Treatment Plan Operator and a Class "1" Water Distribution System Operator."
Jess Hein, Department of Public Works, stated the change will not impact any Public Works issues.
He stated although the lot is being relocated, it will still be accessed from the primary internal
access.
Mr. Dejohn stated the fourteenth home is located across the road and is unoccupied. He stated in
the event it requires water service, he is willing to connect the house to the existing water system.
Responding to Commissioner Rademacher,Mr. Dejohn stated the existing well serving the house
is located on the existing Lot 13 that is to be abandoned. He reiterated that the house across the
road is currently vacant,although there is some service to the corrals. Commissioner Rademacher
stated his concern is that proposed water service should still be adequate to meet the existing or
historic water flow demands for the fourteenth home. Mr. Dejohn stated during the time he has
owned the site, the house across the road has been vacant, therefore, he is uncertain as to the
historical use. Mr.Gathman stated the well was repermitted in 2002, producing up to 15 gallons per
minute for ordinary household uses inside two single family residences,fire protection,the watering
of domestic animals and poultry,and the irrigation of not more than one acre of home gardens and
lawns. Responding to Commissioners Rademacher and Jerke, Mr. Dejohn stated the fire hydrants
are in place and in service, and he has paid for water service at the fourteenth home, since there
2007-0760
PL1602
HEARING CERTIFICATION - GKD, LLC, C/O GARY DEJOHN (AMPF #632)
PAGE 3
was a separate meter. He further stated it would not be a large expense to run a 200-foot line to
connect the additional home, if needed; however, it would be appropriate to memorialize an
agreement for water service prior to turning the property over to the Homeowners' Association.
Responding to Commissioner Jerke, Mr. Barker stated the agreement for water service to the
fourteenth home could be required as a Condition of Approval. Mr. Dejohn proposed it be tied to the
activities prior to issuing the Certificate of Occupancy. In response to Commissioner Garcia,
Commissioner Jerke stated in the event the fourteenth lot is sold, the water and any related
agreements go with the land.
No public testimony was offered concerning this matter. In response to Chair Long, Mr. Dejohn
stated he has reviewed and concurs with the Conditions of Approval, as proposed and modified.
Responding to Chair Long, Mr. Dejohn stated the Homeowners'Association dues will be adequate
to cover the connection of the fourteenth home. He further stated as the people buy the homes, if
rehabilitation or maintenance of the water system becomes necessary, the members of the
Homeowners'Association will need to address a special assessment at that time. He stated the
current dues are $60.00 per month to cover water service and trash removal. He further stated
there is enough water to service 36 homes, including domestic and irrigation uses. Chair Long
stated he would prefer the Homeowners'Association make accommodation for the special needs
that may be required by a Class D water system. Commissioner Jerke commented most
Homeowners'Association face the need for special assessments, since not all calamities can be
foreseen. Chair Long stated this is the first public water system of this type and he wants future
residents to be advised that a special assessment may be required. Mr. Dejohn stated the
Homeowners'Association will be handed over to the residents once all of the lots are sold,and there
will be a Homeowners' Association Board. Mr. Barker suggested the addition of Condition of
Approval#4.0 to state,"The applicant shall submit,to the Department of Planning Services,written
proof that the owner of the house located along Weld County Road 69, on property outside of the
Cottonwood Falls PUD, is provided the opportunity to connect to the water system of said PUD.
Said opportunity shall be honored by the Cottonwood Falls PUD Homeowners'Association, and
shall extend to the owner's successors in interest. The owner, and/or his successors in interest,
shall be responsible for the entire cost of said connection, and any associated maintenance
therewith." Mr.Gathman stated since it is uncertain as to when the other property owner may want
to connect, it may be beneficial to also include the proposed language as a note on the plat.
Mr. Barker added that as an additional sentence.
Commissioner Rademacher moved to approve the request of GKD, LLC, c/o Gary Dejohn, for a
Site Specific Development Plan and Amended Planned Unit Development Final Plan,AMPF#632,
to relocate an existing residential lot (Lot 13) and to reconfigure existing open space for the
Cottonwood Falls PUD, based on the recommendations of the Planning staff,with the Conditions
of Approval and Development Standards as entered into the record. His motion included the
addition of Conditions of Approval#2.C,#4.C, and#4.D, as previously discussed, and to reletter
accordingly. The motion was seconded by Commissioner Garcia, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:20 a.m.
2007-0760
PL1602
HEARING CERTIFICATION - GKD, LLC, C/O GARY DEJOHN (AMPF #632)
PAGE 4
This Certification was approved on the 5th day of March 2007.
APPROVED:
_ E % BOARD OF COUNTY COMMISSIONERS
l % WEED OUNTY, COLORADO
N_1 J &'&' 4'ATTEST: Aill lwt (' el
l,
%eke a:vid E. Long, Chair
Weld County Clerk to the a ,
iti �x1i .May i4 Willia . er , Pro-Tern
BY:
De Cler o the Board C (> ' / 2
William F. Garcia
TAPE #2007-05 EXCUSED
Robert D. Masde
DOCKET#2007-10 - l r
Douglas ademach
2007-0760
PL1602
EXHIBIT INVENTORY CONTROL SHEET
Case AMPF #632 - GKD, LLC, CIO GARY DEJOHN
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Weld Laboratories, Inc Memo re: Safe Drinking Water, dated
08/30/2006
C. Applicant Letter re: Public Water System Compliance
Advisory addressed to Colorado
Department of Public Health, dated
02/21/2007
D. Applicant Letter re: Follow-up to Correspondence
addressed to Office of the State Engineer
concerning Public Water System, dated
02/21/2007
E. Planning Staff Memo fro Health Staff re: Condition of
Approval, dated 02/27/2007
F. Planning Staff E-mail from Brad Simons, Colorado Water
Quality Control Division, dated 02/27/2007
G. Planning Staff E-mail re: Condition of Approval, dated
02/28/2007
H. County Attorney E-mail re: Condition of Approval, dated
02/28/2007
J.
K.
L.
M.
N.
O.
P.
Q.
Ji
1.
ll
CI) •
�
d
00 � ti C
O a c al N �- 724 0
N y 4/1 ,� v `o
} c a� a ^\ 0 _ cc o
a Q LLI-
L m V j ` �y 1j x E
co
U v
CI IL Z LLw O j m O En
~ Q O = E y L Jr 4) 7�t1 �f ti
N J} C Ci V M 1 '4. * 1 cr. 3>
W W N \ 3AV
W N:cc < :
Oca
I- zO1-
0 0 O
j
co _i U
,
J t -.1 a
JO J J G t
J
N Y 0
..
LL r••• o T — 3
O CD a �r in El
Ol.
Q N N m ---\-. 1
Z W W W o d -,
Q OO W Q r
W OO J Z ' 0
2 0c a
Hello