HomeMy WebLinkAbout20072961.tiff HEARING CERTIFICATION
DOCKET NO. 2007-66
RE: CHANGE OF ZONE, PZ #1130, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR SIX(6)RESIDENTIAL
LOTS WITH E(ESTATE)ZONE USES-MACKEY CIRCLE PUD-GARY,VICKY, BRYON,
AND JAMIE MACKEY, AND MICHAEL COHRS
A public hearing was conducted on September 5, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Hannah Hippely
Health Department representative, Pam Smith
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated August 10, 2007, and duly published August 15,
2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of Gary,
Vicky, Bryon, and Jamie Mackey, and Michael Cohrs for Change of Zone, PZ #1130, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for six (6)
residential lots with E (Estate) Zone uses - Mackey Circle PUD. Bruce Barker, County Attorney,
made this a matter of record. Hannah Hippely, 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. She stated the site is located northeast of the Town of Ault, more
specifically south of County Road 86, and west of and adjacent to County Road 37. She gave a
brief description of the surrounding land uses, and stated no comments have been received from
surrounding property owners. She further stated thirteen referral agencies reviewed the request,
and the provided comments have been addressed within the Conditions of Approval. She stated
staff recommends Conceptual Approval for the Final Plan,since the design of the drainage system
is not completely finalized. Ms. Hippely displayed photographs of the site and surrounding
properties.
Pam Smith, Department of Public Health and Environment, stated the minimum lot size is 4.1 acres
and all the lots are approximately the same size. She stated percolation rates indicated both
conventional and engineered septic systems will be required, due to the sand located on the site.
She clarified a portion of the site is located within the 100-year floodplain, and that area will be
designated as a "no-build zone." Ms. Smith stated staff has requested primary and secondary
septic envelopes on Lot 5 only, since it is the most impacted by the flooplain. She stated the site
meets the overall density requirements,therefore,she recommends approval. In response to Chair
Long, Ms. Smith clarified the northeast portion of the site is located within the floodplain.
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HEARING CERTIFICATION - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL
COHRS (PZ#1130)
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Don Dunker, Department of Public Works, stated County Roads 37 and 86 are local paved roads
which are maintained by the County. He stated a traffic study is not currently required, and he
estimates the PUD will generate approximately 58 additional vehicle trips per day. He stated the
applicant has delineated the required no-build zones on portions of Lots 4 and 5; however, it should
be noted that the applicant shall not build to the east of the floodplain designation, as it would
present a safety concern. Mr. Dunker stated the applicant has not demonstrated how the detention
pond will safely discharge to a roadside ditch, and the discharge pipe traverses through the
floodplain. He stated the Off-site Agreement for the placement of the detention pond on the
property to the south has not been finalized, and he clarified the detention pond will be located
outside of the property boundaries of the PUD. He stated a reservation must be recorded for the
use of the off-site drainage pond. In response to Chair Long, Mr. Dunker stated the applicant will
not be able to grant an easement, since he owns the property on which the retention pond will be
located. Chair Long stated he would like to discuss the implications of an easement or reservation
later in the hearing. Mr. Dunker stated maintenance of the interior road will be completed by the
Homeowners' Association (HOA), and the road will be twelve-foot paved lanes with four-foot
shoulders. He further stated the detention pond will also be maintained by the HOA, and the
County will not provide maintenance.
Gary Mackey, applicant, stated his family owns the farm on the site where the proposed PUD will
be located. He stated he has been in contact with the City of Thornton regarding County
Road 37.5, which is a private road and not maintained by the County, and he clarified the flows
from the property have historically flowed towards the road. He stated he understands the specific
details regarding the drainage on the site will be addressed through the Final Plan application, and
he clarified he does own the property on which the detention pond will be located. He stated the
pipe located within the floodplain is able to carry water effectively,and he is currently in the process
of finalizing the Covenants for the HOA. He stated the Covenants do state that the internal road
and the maintenance of the stormwater detention pond will be maintained by the HOA.
Cherri Scheidecker, surrounding property owner, stated she is not in support of removing
productive agricultural land and providing residential development in its place. She stated she
purchased her property with the intent to live within a rural agricultural setting, and she prefers to
preserve the agricultural heritage of Weld County. She further stated she was not notified of the
plans for residential development by the Mackey family, which disappointed her. There being no
further discussion, Chair Long closed the public comment portion of the hearing.
Mr. Mackey stated he owns approximately 136 acres which surrounds the ten acres of which
Ms. Scheidecker owns. He clarified an easement for his north pivot sprinkler has been obtained;
however, an easement for the south pivot was not obtained, therefore, the pivot crosses onto
Ms. Scheidecker's property. He stated the pivot is no longer able to provide water to the property
which is proposed to be utilized for the PUD. He stated the land has not been farmed for the past
three years, and he would like to place residential development on the property in the place of the
current weeds growing on the site.
In response to Chair Long, Mr. Barker stated the easement for the detention pond may be
dedicated on the plat. He clarified once the HOA is finalized, the grant of the easement from
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HEARING CERTIFICATION - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL
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Mr. Mackey to the HOA will be acceptable. In response to Mr. Baker, Mr. Mackey indicated the
Articles of Incorporation for the HOA will soon be finalized.
Ms. Hippely suggested the addition of Condition of Approval #7.G, requiring the applicant to
transfer the easement to the HOA, and Mr. Barker concurred with Ms. Hippely's recommendation.
She further recommended the word "reservation" within Condition of Approval #6.N be modified
to state"easement." In response to Chair Long, Mr. Barker stated the easement must be granted
to the HOA by Mr. Mackey. Mr. Barker recommended the addition of Condition of Approval #7.G
to state, "The applicant shall submit, to the Department of Planning Services, evidence of the
granting and recording of an easement to the Homeowners'Association for the water detention
facility and appurtenances." In response to Chair Long, Mr. Mackey concurred with the proposed
language; however, he did not understand if the creation of the HOA should be finalized and
recorded before the Final Plan application. In response, Ms. Hippely indicated the formation of the
HOA and the recording of the Covenants will be required prior to recording the final plat. The
Board concurred with the proposed modification to Condition of Approval#6.N and the addition of
Condition of Approval #7.G, as recommended by Mr. Barker.
In response to Chair Long, Mr.Mackey indicated he has reviewed,and concurs with,the Conditions
of Approval as modified.
Mr. Dunker reiterated County Road 37.5 is not maintained by the County and is not recognized on
the Road Classification Plan. In response to Chair Long, Don Carroll, Department of Public Works,
explained County Road 37.5 does not contain a Nonexclusive License Agreement; however,
County Road 37.5 is utilized for address purposes. Mr. Barker questioned how County Road 37.5
will by utilized by the Mackey Circle PUD. Chair Long clarified the applicant has proposed to utilize
the ditch along the road for stormwater drainage purposes. Mr. Barker stated the County will not
be impacted, since it does not have right-of-way for the road. He stated the easement to the HOA
shall include provision for the detention pond and the location of the pipe to the detention pond;
however, the specific language does not need to be drafted until the Final Plan application. In
response to Chair Long, Ms. Hippely stated a ditch company will not be involved in the drainage
issues on the site, and County Road 37.5 is not referenced within the Resolution. Further
responding to Chair Long, Mr. Barker stated the implied easement will place the water on the
subservient estate in the same manner and quantity as historically recognized. He further stated
the detention pond will be engineered and designed in a manner that will handle the stormwater
within the same manner, and if the implied easement is called out within the easement agreement,
it may be utilized by the HOA.
Mr. Dunker clarified the point of discharge is not a historical discharge point, and the property to
the south has historically been subject to sheet flow, therefore, an agreement will need to be
executed with the property owner to the south before the discharge is able to reach a County Road.
Mr. Barker clarified he is not convinced the need for a separate agreement exists. Ms. Hippely
suggested the language in Condition of Approval #7.G be modified to state, "The applicant shall
submit, to the Department of Planning Services, evidence of the granting and recording of any
easement deemed necessary by either the County Attorney or the Department of Public Works."
Mr. Barker concurred with the proposed language, and stated the applicant can further address
2007-2961
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HEARING CERTIFICATION - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL
COHRS (PZ#1130)
PAGE 4
drainage issues at the hearing for the Final Plan application. In response to Chair Long,
Mr. Mackey indicated he concurred with the proposed language.
Commissioner Garcia moved to approve the request of Gary,Vicky,Bryon,and Jamie Mackey,and
Michael Cohrs for Change of Zone, PZ #1130, from the A (Agricultural) Zone District to the
PUD(Planned Unit Development)Zone District for six(6)residential lots with E(Estate)Zone uses
- Mackey Circle PUD, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as amended. His motion included the modification
to Condition of Approval #6.N and the addition of Conditional of Approval #7.G, as previously
discussed. The motion was seconded by Commissioner Rademacher.
Chair Long expressed his appreciation to Ms. Scheidecker for her input, and stated the use of
agricultural lands must sometimes change. He stated he believes the residential development will
be a better use of the property, since the applicant is not able to irrigate the site. He further stated
the Weld County Comprehensive Plan indicates this proposal has adhered to the required
standards, since the applicant has realized a reduced ability to produce income from the property.
There being no further discussion,the motion carried unanimously,and the hearing was completed
at 10:45 a.m.
This Certification was approved on the 10th day of September 2007.
APPROVED:
Imo"_
BOARD OF COUNTY COMMISSIONERS
,L�COUNTY, COLORADO
ATTEST: gall,� . , ( a"r.�� gm, `' i CabA °4f
I75 id E. Long, Chair
Weld County Clerk to the Bo •' {{ _
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Wil\ Garcia TAPE #2007-26 L
Robert D. Masden
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2007-2961
PL1922
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1130 - GARY, VICKY, BRYON, AND JAMIE MACKEY AND MICHAEL COHRS
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
and 06/05/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and photo of sign posting
F. Public Works Staff Map indication location of detention pond
G. County Attorney Language for Condition of Approval #7.G
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