HomeMy WebLinkAbout20073664.tiff HEARING CERTIFICATION
DOCKET NO. 2007-87
RE: CHANGE OF ZONE, PZ #1126, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT,WITH R-1 (LOW-DENSITY
RESIDENTIAL), R-2 (DUPLEX RESIDENTIAL), R-3(MEDIUM-DENSITY RESIDENTIAL),
R-4 (HIGH-DENSITY RESIDENTIAL), C-1 (NEIGHBORHOOD COMMERCIAL), AND
C-2(GENERAL COMMERCIAL),215 ACRES OF OPEN SPACE, AND CONTINUING OIL
AND GAS PRODUCTION USES IN THE MIXED USE DEVELOPMENT OVERLAY
DISTRICT (1,804 UNITS/10 ACRES COMMERCIAL) - HF HOLDINGS, LLC
A public hearing was conducted on November 14, 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, Jennifer VanEgdom
County Attorney, Bruce Barker
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated October 19, 2007, and duly published October 24,
2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of
HF Holdings, LLC, for Change of Zone, PZ #1126, from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District, with R-1 (Low-Density Residential), R-2 (Duplex
Residential), R-3(Medium-Density Residential),R-4(High-Density Residential),C-1 (Neighborhood
Commercial),and C-2(General Commercial),215 acres of open space, and continuing oil and gas
production uses in the Mixed Use Development Overlay District(1,804 units/10 acres Commercial).
Bruce Barker, County Attorney, made this a matter of record. Chair Long advised the applicant's
representative, Linda Sweetman-King, that she has the option of continuing the matter to a date
when the full Board will be present. However, is she 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. Ms. Sweetman-King indicated she would like to proceed today.
Kim Ogle, 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 consists of 587 acres, and will contain up to 1,804 residential lots, with an average
lot size of 7,425 square feet. He further stated ten acres will contain commercial development of
approximately 100,000 square feet. He stated the site is located generally west of, and adjacent
to, the Interstate 25 Frontage Road,south of State Highway 66, and east of and adjacent to County
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Road 7. He further stated the surrounding properties are generally agricultural in nature, and there
are no buildings within the immediate vicinity. He gave a brief description of the uses of the
surrounding properties, and stated the municipal limits for the Town of Mead are adjacent to the
site on the north, east, and west sides, and Saint Vrain State Park is adjacent to the south. He
explained the property slopes to the south, into the Saint Vrain River valley,with a 120-foot change
in elevation, and the property is currently used for agricultural production with existing oil and gas
production facilities operated by Kerr-McGee Gathering, LLC. He clarified the applicant has
recorded a Memorandum of Understanding for future oil and gas operations, and he displayed
photographs of the site. Mr. Ogle stated the site is located within the Mixed Use Development
(MUD) area and within the three-mile referral area for the Towns of Mead, Firestone, and
Frederick, and the Cities of Longmont and Dacono. He stated the Town of Mead, in a referral
dated August 16, 2007, indicated opposition to the request, and requested the applicant apply
through the Town to ensure a safe development. He further stated the Town of Firestone, through
a verbal referral, requested a larger setback for residential units within the river corridor. He stated
the Town of Firestone further requested that if an additional setback was not feasible, that the
applicant limit the height of the residential structures. He stated the Town of Frederick, in a
response received September 12,2007, indicated the site is located outside of the Town's planning
boundary, therefore, the Town had no comments regarding the proposal. He further stated the
referral from the City of Longmont, dated August 22,2007, contained several comments regarding
urban development within the MUD, and stated the site will best be served by an incorporated
municipality for a full range of services. The City of Longmont referral also discussed the possibility
of a future trail connection, and the City of Dacono indicated no conflict with its interests.
Mr. Ogle stated the applicant has held discussions with the City of Longmont and the Towns of
Firestone and Mead, regarding the referral comments provided, and many of the issues have been
addressed or mitigated. He gave a brief description of the concerns listed in the referral from the
Colorado State Parks Department regarding water quality,developmental impacts,and trail access,
and the request for a regional trail connection from the Saint Vrain State Park to future
developments. He clarified the applicant has held discussions with representatives from the State
Parks Department, which has led to many options under review at this time. He further clarified
three parcels created through the Recorded Exemption process will not be a part of the proposed
development; however, the residents will access the roads constructed through the development.
He stated County Road 7 will be improved to the classification of a minor arterial road, and is
currently maintained by the Town of Mead. He further stated County Road 28 will also be improved
to the classification of a minor arterial road, and will be realigned at Final Plan submission. He
clarified the trail systems proposed for the development will provide pedestrian movement, as well
as recreational opportunities and connections to surrounding developments, and he displayed
additional photographs of the site. (Clerk's Note: Mr. Barker excused himself from the hearing,
and Cyndy Giauque, Assistant County Attorney, is now present).
Mr. Ogle stated the applicant has proposed three multi-family residential components, which will
consist of twelve to fourteen dwelling units per acre, and fourteen to sixteen dwelling units per acre,
and staff supports a variety of housing types. He clarified the multi-family units proposed along the
1-25 corridor will be limited to a building height of 35 feet, and the internal multi-family housing units
will be limited to a building height of 45 feet. He stated the average lot size is comparable to other
developments within the surrounding area,and the development will be serviced by the Longs Peak
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Water District, and the Saint Vrain Sanitation District. He indicated the consolidated Service Plan
for the Waterfront at Foster Lake Metropolitan Districts Nos. 1, 2, and 3, was approved by the
Board on August 29, 2007. He stated 28 referral agencies reviewed the request, seven agencies
did not respond, one agency did not have any comments, and 20 agencies provided comments
which have been addressed through the Conditions of Approval. He further stated two letters,from
Kevin Lyles, representing the Friends of Saint Vrain Park, and as a local property owner, were
received prior to the Planning Commission hearing. He gave a brief description of the concerns
provided in the letters, and stated no additional letters have been received. Mr. Ogle indicated the
memorandum he submitted, marked Exhibit HH, contains proposed changes to the Conditions of
Approval, and he will address the proposed changes after the applicant's presentation.
Pam Smith, Department of Public Health and Environment, stated the development will contain
several recreational activities, including a tot lot with portable toilets, a pavilion for outdoor events,
and a Community Center, both of which will be connected to sewer service. She stated the
application plans indicate the placement of a swimming pool; however, she is unaware of whether
the pool will be open to the public, or whether the schools within the area will have joint access.
She clarified if the pool is open for public activities, the pool will be subject to the standards set
forth by the Colorado Department of Public Health and Environment. She further stated an
additional tot lot will be serviced by portable toilets, as well as a picnic area which is located within
a 100-year flood plain. She reiterated the development will be serviced by the Saint Vrain
Sanitation District and the Longs Peak Water District,and she indicated several existing residences
are serviced by septic systems, including the Anderson residence. She stated the applicant has
requested that the current septic systems be allowed to remain in use until the residences are
removed, and the Department is in support of the request. In response to Chair Long, Ms. Smith
clarified the development will eventually be serviced entirely by sewer.
Don Dunker, Department of Public Works, stated the development will surround Foster Lake, and
the dam analysis required by the State Engineer's Office has not yet been completed, therefore,
the Department cannot address the drainage design presented. He gave a brief explanation of the
dam analysis, and indicated the placement of the dam on the map provided. In response to Chair
Long, Mr. Dunker indicated it takes approximately eight months to receive a completed analysis
from the State Engineer's Office, and he believes the applicant submitted the request for an
analysis a couple of months ago. Mr. Dunker further stated the preliminary traffic study has been
reviewed, and the updated traffic study will address the required Improvements Agreements, and
the details of each phase of road construction. He clarified the updated traffic study has not been
submitted to the Department, and stated the Department recommends the applicant's plans be
accepted for the Change of Zone phase only. He indicated the Department is not aware of the
future placement of County Road 28, and stated the proposed high school will require access on
County Road 28.
Julie Cozad, Tetra Tech, represented the applicant, submitted an outline of the PowerPoint
Presentation, marked Exhibit KK, and expressed her appreciation to the Departments of Planning
Services and Public Works for the coordination of the proposal. She introduced the other
representatives in attendance, and gave a brief description of the location of the site and the
surrounding property uses. She indicated hunting and fishing activities have historically been
allowed on the site,and clarified the site is not located within an Intergovernmental Agreement area
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or Urban Growth Boundary,as defined by Weld County. She gave a brief history of the submission
process, and indicated the Sketch Plan was submitted in August, 2006, and approval was granted
by the Department of Planning Services in March, 2007. She stated the Change of Zone
application was submitted in July, 2007, and was heard by the Planning Commission in October,
2007. She further stated the Metropolitan Districts were approved by the Board on August 29,
2007, and the TABOR election was completed on November 6, 2007. Ms. Cozad explained the
applicant has been working in cooperation with Jim Anderson to subdivide property through the
Recorded Exemption process, to create three new lots. She confirmed the Recorded Exemption
was administratively approved on August 17, 2007, the septic permits are currently being finalized,
and it is expected that the Recorded Exemption plat will be recorded within the next 30 days.
Ms. Cozad gave a brief explanation of the topics discussed at the each of the meetings held with
the referral agencies and service providers during the application process,including Mountain View
Fire Protection District, St. Vrain Valley School District, Longs Peak Water District, St. Vrain
Sanitation District, the Town of Mead, St. Vrain State Park, ditch companies, Anadarko, Kinder
Morgan, United Power, Qwest, and Twin Peaks Post Office. She clarified the proposal was
designed to accommodate the standards of the Town of Mead, and stated annexation to the Town
may be a possibility in the future. She indicated the requested setbacks have been incorporated,
and the native areas along the river will remain as a wildlife corridor. She further stated the
possibility of trail connections, a trail easement, and a stewardship easement will continue to be
discussed, and the ditch companies have requested to view final construction documents before
executing a final agreement. She clarified the applicant will submit the formal agreements with the
ditch companies when the plat for the second filing is recorded, since the State Engineer's Office
final review may take up to eight months. She confirmed preliminary reports have been provided
to the ditch companies, and the Department of Public Works previously concurred to discuss these
issues during the Final Plan hearing. Ms. Cozad stated the applicant has paid for the location of
all of the directional drills on the site, discussions have begun regarding the Pipeline Relocation
Agreement,a Memorandum of Surface Agreement was recorded in August,2007,and the Surface
Use Agreement is near completion. She reviewed the circulation patterns and access points for
the development and stated the Department of Public Works is agreeable to the proposed
realignment of County Road 28. She described the design of the roadways and clarified the road
designs are not yet finalized; however, the design of County Road 7 does meet the specifications
requested by the Town of Mead, including the required utility and landscape easement, and
additional lanes may be accommodated, if required. She further described the trails and pedestrian
connections within the development and confirmed the trail does meet the required standards for
being located within a MUD area.
Ms. Cozad stated the minimum lot size is 6,050 square feet, and the maximum lot size is
approximately 19,000 square feet,therefore the overall density will be approximately four to seven
dwelling units per acre. She reviewed the various lot sizes throughout the development for
residential and multi-family lots, and the area designated for commercial uses. She stated the first
filing will incorporate the entryway, a tot lot, and 132 single family lots, she reviewed the second
through sixth filings, and she stated the anticipated filing date will be Summer, 2008. She further
reviewed the seventh through tenth filings,and the proposed landscape treatments,drainage area,
and wildlife corridor. She stated the total amount of open space does exceed the requirement of
twenty percent, and she clarified the landowner does have surface rights to Foster Lake, which is
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140 acres in size. She reviewed the amenities of the development, including the community center,
pool facility, which may be a shared facility with the school district, pavilion, tot lots, and active
recreation use areas, including ponds,trails,and picnic areas with existing riparian vegetation. She
summarized Waterfront at Foster Lake will provide a unique community, and she requested
approval of the Change of Zone application.
In response to Commissioner Jerke, Ms. Cozad indicated the development will be served with
non-potable water for the open space and park areas, and potable water for domestic purposes.
Further responding to Commissioner Jerke, Ms.Cozad stated the applicant did not provide a formal
application for Change of Zone to the Town of Mead since the site is not located within the Town's
Urban Growth Boundary, as identified within the Weld County Code. She clarified the Town was
contacted at the very early stages of the application process; however, communication with the
Town officials was difficult. She further clarified at the time the application process began, the
Town of Mead annexation process required an election, and the applicant did not want to spend
a large amount of money and risk being denied by the voters. Ms. Cozad stated representatives
have met with Town officials on numerous occasions to receive input, and she clarified the new
Town Manager and Mayor have been very accommodating and willing to continue discussions.
In response to Commissioner Jerke, Ms. Cozad stated the Town of Firestone indicated it was not
interested in annexation of property located north of the Saint Vrain River.
Responding to Commissioner Rademacher, Ms. Cozad stated the required setbacks for oil and gas
matters have been mitigated,and she reiterated a Memorandum of Agreement has been recorded.
She further stated the Town of Mead's concerns regarding County Road 7 have been addressed,
and clarified the pool and pavilion facilities will be provided with sewer service from the Saint Vrain
Sanitation District. In response to Commissioner Jerke, Ms. Cozad stated the development will
seek to join the Law Enforcement Authority at the time of Final Plan submission. Responding to
Chair Long, Ms. Cozad confirmed all local roads within the development contain a minimum of 60
feet of right-of-way, and will contain 12-foot travel lanes. In response to Commissioner
Rademacher, Ms. Cozad indicated discussions regarding the provision of non-potable water have
been held with the Highland Ditch Company; however,an agreement has not been finalized. Cathy
Leslie, Engineer, Tetra Tech, clarified the Longs Peak Water District will own and maintain the
water system, and the Highland Ditch Company will provide delivery of the existing shares through
the re-built outlet associated with the dam and spillway.
In response to Commissioner Rademacher, Ms. Cozad indicated if an easement across the Saint
Vrain Creek is provided by the applicant to the Saint Vrain State Park, the Park will provide the
evaluation, engineering, and associated costs for the placement of a bridge. Responding to
Commissioner Jerke, Ms. Cozad clarified the internal roadways will contain 60 feet of right-of-way;
however, the right-of-way will include two travel lanes, parking lanes, curb and gutter, bike lanes,
and attached sidewalks.
Bob Finch, Park Manager, Saint Vrain State Park, indicated he sent a letter in August, 2007,
outlining the Park's concerns regarding water quality, developmental impacts, and a future trail
easement. He stated the applicant's representative responded with a letter, dated October 23,
2007, and indicated efforts would be taken to mitigate concerns; however, he was still concerned
regarding the placement of the southern culdesac and the trail easement. He clarified he has met
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with the applicant's representatives twice since the Planning Commission hearing,and both parties
have agreed to move forward with efforts to resolve the issues. He stated a land trade has been
discussed, as well as a Stewardship Easement,which would allow the State to have limited control
of the creek area in return for maintenance on both sides of the creek. He further stated a Trail
Easement will allow for future construction of a trail, and the Park will apply for funds to build a
bridge across the creek, in approximately three to five years. He stated after analysis of the site,
it was determined that the narrowest point of the river is the best location to construct a bridge, and
he clarified the applicant has been working in close cooperation with Park representatives. In
response to Commissioner Rademacher, Mr. Finch stated the Park intends to trade a portion of
property north of the river for property on the south side of the river,to create ownership of the Park
up to the creek bed. He clarified private open space and the easement will provide a buffer from
the public land, which provides an added protection for the creek corridor. Responding to
Commissioner Jerke, Mr. Finch indicated the area of floodplain is approximately 225 feet in width
and he gave a brief description of the bridge location and suggested improvements which will need
to be completed before the final plat is recorded. There being no further comments, the Chair
closed the public input portion of the hearing.
Ms. Cozad stated the applicant has worked diligently to address many of the Conditions of
Approval, and she requested Mr. Ogle refer to Exhibit HH,to discuss the necessary changes to the
Resolution. In response to Chair Long, Ms. Cozad indicated the applicant concurs with the
recommendations in the memorandum submitted by Mr. Ogle,with the exception of Conditions of
Approval#1.A.1 through#1.A.10. She clarified the correspondence from the Department of Public
Works indicates these items may be addressed prior to recording the final plat, instead of prior to
recording the Change of Zone plat. Mr. Dunker clarified the Department of Public Works supports
the request to allow Conditions of Approval #1.A.1, #1.A.3, and #1.A.6 to become requirements
prior to recording the final plat, and he indicated Conditions of Approval#1.A.2,#1.A.4,#1.A.5,and
#1.A.7 through #1.A.10 should remain as conditions prior to recording the Change of Zone plat.
He stated the ditch companies have indicated they prefer that the dam analysis be completed due
to the possibility of necessary repairs.
Ms. Leslie stated an analysis was submitted with the Change of Zone application, and the ditch
companies and State Engineer's Office have reviewed the analysis. She further stated detailed
construction plans were not submitted, and the ditch companies have indicated final approval will
not be granted until final construction plans are completed through the second filing. She stated
representatives met with the State Engineer's Office, and the Office concurs with the current plans
and the stability analysis of the dam. She further stated representatives also met with the ditch
companies, and the dam is currently located on the applicant's property, therefore, property lines
need to be modified and funds for the necessary improvements will be provided by the applicant.
She reiterated the State Engineer's Office and the ditch companies will not sign an agreement until
the final construction plans are complete. She requested that Conditions of Approval #1.A.2,
#1.A.4, and #1.A.5 be required prior to recording the final plat, and she clarified that the traffic
study required through Condition of Approval #1.A.10 has been completed; however, it has not
been submitted to staff.
Mr. Dunker indicated the applicant has indicated the funds for the necessary improvements will be
provided; however, until the analysis is complete, the costs will be unknown. Commissioner Jerke
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indicated he prefers that the Final Plan application be considered by the Board since the
development is very large, and the Board concurred. In response to Chair Long, and upon the
recommendation of Mr. Ogle, the Board concurred with the modification of Conditions of
Approval #1.A.1, through #1.A.10, to become Conditions addressed at the time of Final Plan
submission. (Clerk's Note: The Conditions will be listed as Conditions of Approval #4.CH.1,
through#4.CH.10.) Ms. Leslie stated the State Engineer's Office has agreed that activities within
the first filing may begin prior to the analysis being completed, as long as no activities will take
place within 200 feet of the edge of the dam. She requested the analysis from the ditch companies
regarding the dam be required before the second filing, so that the applicant may proceed with the
first filing. Mr. Ogle indicated staff has not been presented with a letter from the State Engineer's
Office concerning this issue. In response to Commissioner Jerke, Mr. Ogle indicated the
applicant's representative is requesting approval to file the first filing without meeting the required
criteria of the submission of the Final Plan. Ms. Leslie stated the applicant will provide a letter from
the State Engineer's Office with the submittal of the first filing.
In response to Chair Long, Ms. Leslie indicated the applicant will apply for the first filing separately,
and then the second through sixth filings will be included in another application approximately six
months later. She clarified the applicant will address the Conditions required within the Resolution,
with the exception that the applicant be allowed to move forward with the first filing since approval
from the State Engineer's Office is not applicable for the first filing. Responding to Chair Long, Mr.
Ogle indicated staff supports the applicant's request to apply for the first filing separately.
In response to Chair Long, Ms. Sweetman-King indicated she, and the applicant, have reviewed,
and concur with, the Conditions of Approval, including the modifications addressed in the
memorandum provided by Mr. Ogle. She further stated the Metropolitan District is obligated to
maintain the internal roads, and the applicant has not yet determined whether a Homeowners'
Association will be responsible for the maintenance of the open space.
Commissioner Jerke moved to approve the request of HF Holdings, LLC, for Change of Zone,
PZ #1126, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District, with R-1 (Low-Density Residential), R-2 (Duplex Residential), R-3 (Medium-Density
Residential), R-4(High-Density Residential), C-1 (Neighborhood Commercial), and C-2 (General
Commercial), 215 acres of open space, and continuing oil and gas production uses in the Mixed
Use Development Overlay District (1,804 units / 10 acres Commercial), based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval as entered into the record,and modified as recommended in the memorandum submitted
by Mr. Ogle, marked Exhibit HH. The motion was seconded by Commissioner Garcia.
Commissioner Rademacher stated the applicant provided an informative presentation; however,
he is disappointed the development could not proceed through the Town of Mead. There being no
further discussion, the motion carried unanimously, and the hearing was completed at 12:20 p.m.
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This Certification was approved on the 19th day of November, 2007.
APPROVED:
, . BOARD OF COUNTY COMMISSIONERS
1 -+ D COUNTY, COLORADO
Coe
ATTEST: &Wage
ti'� Da i E. Long, Chair
\Weld County Clerk to the Board d• t
o.41 ���illia H. J ke(PS-Tem
BY: � �
De u Cler the Board,
William F. Garcia
EXCUSED
Robert D. Masden
ouglas ademach r
2007-3664
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1126 • HF HOLDINGS LLC
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 10/16/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Applicant CD with duplicates of COZ digital files,
dated 07/19/2007
F. Applicant Subdivision Service Agreement with Longs
Peak Water District, 10/03/2007
G. Applicant Subdivision Service Agreement with St.
Vrain Sanitation District, 10/03/2007
H. Applicant Letter re: Changes to Conditions of
Approval, dated 11/01/2007
Applicant Letter to Public Works, dated 09/25/2007
J. Applicant Letter to Town of Mead, dated 10/23/2007
K. Applicant Letter to Colorado State Parks, dated
10/23/2007
L. Applicant Letter to Sheriff's Office, dated 10/23/2007
M. Applicant Letter to St. Vrain Valley School District,
dated 10/23/2007
N. Applicant Letter to Longmont Soil Conservation
District, dated 10/23/2007
O. Applicant Letter to Colorado Division of Wildlife, dated
10/23/2007
P. Applicant Letter to Mountain View Fire Protection
District, dated 10/23/2007
Q. Applicant Letter to Bernard Lyons Gaddis and Kahn,
PC, dated 10/15/2007
R. Applicant Letter to City of Longmont, dated
10/25/2007
S. Applicant Notice of Lis Pendens, recorded 12/27/2006
T. Applicant Description of Proposed Powers,
Improvements, and Services
U. Applicant Drawing of Lots Affected by Mitigation
Design Criteria, dated 10/22/2007
V. Applicant Letter to Planning Services, dated
10/12/2007
W. Planning Services Memo re: Amendments to Administrative
Recommendation, dated 10/16/2007
X. Applicant Letter to Health Staff, dated 10/23/2007
Y. Applicant Letter to St. Vrain Sanitation District, dated
10/23/2007
Z. Applicant Letter to City of Dacono, dated 10/23/2007
AA. Applicant Letter to Weld County Zoning Compliance
Officer, dated 10/23/2007
BB. Applicant Letter to Weld County Building Inspections,
dated 10/23/2007
CC. Applicant Letter to Town of Firestone, dated
11/01/2007
DD. Applicant Letter to Friends of St. Vrain, dated
11/05/2007
EE. Applicant Longs Peak Water District Subdivision
Service Agreement
FF. Kerr-McGee /Anadarko Letter re: Terms of Agreement, dated
10/26/2007
GG. Colorado State Parks Letter re: Cooperative negotiations, dated
11/13/07
HH. Planning Staff Memo re: Changes to Resolution, dated
11/14/07
I I. Kevin Lyles Letter of Concern, dated 11/13/07
JJ. Planning Services Certification and photo of sign posting
KK. Applicant Outline of PowerPoint Presentation
LL. Applicant CD of PowerPoint Presentation
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