HomeMy WebLinkAbout20072962.tiff HEARING CERTIFICATION
DOCKET NO. 2007-67
RE: CHANGE OF ZONE, PZ #1129, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR EIGHT (8)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, ALONG WITH 7.071 ACRES OF
OPEN SPACE - SERBOUSEK FAMILY, LLC
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, Chris Gathman
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
Serbousek Family, LLC, for Change of Zone, PZ#1129, from the A(Agricultural)Zone District to
the PUD(Planned Unit Development)Zone District for eight(8)residential lots with E(Estate)Zone
uses, along with 7.071 acres of open space. Bruce Barker, County Attorney, made this a matter
of record. 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 north of County Road 74, east of County Road 15, adjacent
to the incorporated municipal limits for the Town of Windsor, and one-quarter mile west of Valley
View Ranch PUD. He stated fifteen referral agencies reviewed the request, and twelve provided
comments which have been addressed within the Conditions of Approval, and no correspondence
has been received from surrounding property owners. He further stated the site is located within
the three-mile referral area for the Towns of Windsor and Severance; however, it is located outside
of the Urban Growth Boundary for both Towns. The Town of Windsor, in a referral dated July 10,
2007, indicated the site is within the Town's Growth Management Area and within the boundaries
of the Eastside Sanitary Interceptor Plan. He stated the Town of Windsor Planning Commission
recommended denial of the application, due to inconsistency with the land use map, and requested
the applicant be referred to the Town to pursue annexation. He clarified the nearest Town of
Windsor sewer service is located approximately 2.5 miles southeast of the site, and the Town
indicated sewer service could be extended west of State Highway 257; however, the Town cannot
commit to a specific time frame for extension. He stated since the site is not located within the
Urban Growth Boundary for the Town of Windsor, the Urban Growth Policies, in regards to
annexation and compatibility with municipal Comprehensive Plans,do not apply for this application.
Mr. Gathman stated the PUD will be serviced with water from the North Weld County Water District
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and septic systems will handle the effluent flow. He stated the applicant has proposed that animal
units, including horses, cattle,etcetera, not be allowed. He further stated the Department of Public
Works has required County Road 74 be widened to accommodate an eastbound turn-lane, which
will require relocation of the detention pond,and ultimately may require a modification to the overall
PUD design, therefore, the Department of Planning Services recommends the application for the
Final Plan be brought before the Board for consideration. He further stated the applicant has
provided a letter from the Lake Lee Lateral Ditch Company, marked Exhibit G, which indicates a
verbal agreement has been obtained regarding the ditch crossing; however, the documents still
need to be finalized and signed by both parties. Mr. Gathman displayed photographs of the site,
and indicated access to the site is a shared access with the surrounding property owner to the east.
He clarified Lot B of Recorded Exemption #4545 is also owned by Serbousek Family, LLC, and it
will be utilized for the placement of the proposed detention pond. In response to Commissioner
Jerke, Mr. Gathman stated Lot B, on which the Serbousek residence is located, encompasses
additional land to the north of the subject site, for a total of 67 acres. He further stated the access
to the site is located at the top of a hill, therefore, sight distance issues exist. He stated the
applicant has indicated 60 feet of right-of-way for access for the lot to the north; however, the
applicant does not have plans for development of the additional property at this time. Responding
to Commissioner Rademacher, Mr. Gathman stated the applicant attended a Town of Windsor
Planning Commission meeting; however, he is not sure if any formal conversations regarding
annexation were held at the meeting.
Pam Smith, Department of Public Health and Environment, stated the minimum lot size is
2.5 acres, and the overall density is one septic system per four acres. She stated a majority of the
septic systems will be conventional; however, several may be required to be engineered systems
due to slow percolation rates and shallow groundwater. She further stated the applicant will not
be required to place septic envelopes on the lots since no animal units will be allowed. She
clarified the application originally had plans for an equestrian center with an arena; however, the
applicant has eliminated the use from the application.
Don Dunker, Department of Public Works, stated the site is adjacent to County Road 74, and
one-half mile west of State Highway 257, and the Colorado Department of Transportation (CDOT)
has indicated that State Highway 257 will not be significantly impacted by this PUD. He stated the
PUD is expected to generate 76 additional vehicle trips per day, and no traffic study is required at
this time. He further stated the applicant is working to address the necessary turn-lane, and the
average daily traffic count within the immediate vicinity is approximately 8,996 vehicle trips per day.
He clarified County Road 74 contains several hills which presents a safety issue for turning
vehicles, since the speed limit on the road is 55 miles per hour. He stated the applicant's engineer
will provide a preliminary design for County Road 74 in order to ensure the proposed improvements
will be compatible with future upgrades to the road. Mr. Dunker stated County Road 74 is classified
as a strategic roadway, which requires 140 feet of right-of-way at full buildout. He stated the
applicant is required to place an additional drainage pipe underneath County Road 74 to discharge
water underneath the road. He clarified the existing agricultural access shall be utilized for
agricultural purposes only, and will remain gated. He further stated the internal road will be paved,
and both the internal road and the detention pond will be maintained by the Homeowners'
Association (HOA).
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Chris Serbousek represented the applicant and stated he agrees to provide the necessary work
for the turn-lane requirement; however, he believes it seems a bit excessive since the work will
eventually be widened to become a four-lane road. He stated the required 300 feet of widening
will be cost prohibitive for a small development, and he would like to minimize the amount of
improvements required to the road, if possible. In response to Chair Long, Mr. Dunker stated
Condition of Approval #5.L indicates the applicant must address the requirements of the
Department of Public Works, as stated in the referral dated July 18, 2007.
Mr. Serbousek stated a new golf course has been constructed to the west of the site, in front of
which the speed limit on County Road 74 is 45 miles per hour; however, in front of the proposed
development, the speed limit increases to 55 miles per hour. He clarified he supports a change
in the speed limit for this section of County Road 74, as he believes it would mitigate some of the
concerns of sight distance within the area. He stated the retention pond will be setback further
before submittal of the Final Plan application, and the applicant's engineer is currently completing
a redesign of the roadway. He further stated he does not believe it is necessary to place additional
pipe underneath County Road 74; however, he is willing to comply with the engineer's
recommendation. Mr. Serbousek stated the design of the septic systems will be based on the
recommendations from the engineer, and he clarified the Town of Windsor Comprehensive Plan
indicates commercial uses along County Road 74, therefore, the proposed residential uses are not
supported by the Town. He stated the Town could not commit to a specific timeframe for the
availability of sewer service,and since his residence is directly behind the proposed PUD, he would
rather have other rural residences than commercial businesses. He clarified Lot A of the PUD will
be a landscaped park which will help to buffer the other lots from the noise and traffic on County
Road 74.
In response to Commissioner Jerke, Mr.Serbousek stated he understands the Windsor-Severance
Fire Protection District is requiring a minimum fire flow of 1,000 gallons per minute,which is a large
quantity of water; however, North Weld County Water District will be installing an expanded
waterline along County Road 74, and the District has indicated the required fire flows can be
achieved. Further responding to Commissioner Jerke, Mr. Serbousek stated he understands a
large waterline will be required into the PUD, and five fire hydrants will be placed within the PUD.
He clarified the surrounding property owners have expressed support for the residential uses. In
response to Commissioner Rademacher, Mr. Serbousek stated one residence is located to the
southeast of the site, agricultural land, which is not currently farmed, is located to the east, and the
farm to the west of the site is currently planted in corn. He further stated the golf club is located
over one mile to the west of the site, and he depicted the uses along County Road 74 on the
provided map. In response to Commissioner Rademacher, Mr. Dunker reiterated County Road 74
is maintained by the County and the road will be updated within the next five years.
No public testimony was offered concerning this matter.
In response to Chair Long, Mr. Dunker stated the Department of Public Works is requiring the road
improvements to be completed concurrently with the work completed to create the PUD. He further
stated a reduction in the speed limit for County Road 74 would help alleviate some of the sight
distance issues; however, it will not help alleviate the need for a turn-lane. Commissioner Masden
stated it seems that the PUD will be a quality development; however,the traffic is rapidly increasing
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within the area, and he does not believe a modification to the speed limit will produce positive
results. He further stated he understands the installation of a turn-lane is a huge cost for the
applicant; however, it is necessary to accommodate the safety of the area residents and motorists.
Commissioner Rademacher concurred with Commissioner Masden.
In response to Chair Long, Mr. Gathman stated Condition of Approval #1.B states the applicant
shall attempt to address the requirements of the Windsor-Severance Fire Protection District.
Commissioner Jerke stated the District does not have veto power if the applicant makes a
documented and diligent effort to address the requirements listed, and Mr. Gathman concurred.
In response to Commissioner Jerke, Mr. Barker stated the County has not entered into an
Intergovernmental Agreement(IGA)with the District; however,the District has the ability to enforce
its own Code. He further stated the issuance of a Certificate of Occupancy would be pursuant to
the Building Code. Responding to Chair Long, Mr. Barker stated the County has consented to the
enforcement of the District's Fire Code within unincorporated portions of Weld County, therefore,
the District may participate in enforcement; however,the County does not have to participate within
the enforcement. He clarified the District does not have veto powers; however, some enforcement
of the Fire Code may be associated with some sections of the County Building Code.
In response to Commissioner Rademacher, Mr. Serbousek stated the PUD is located less than five
miles from the Windsor-Severance Fire Protection District station. Commissioner Rademacher
explained a hydrant placed within 1,000 feet of a residence will enable the District to obtain an ISO
rating, which leads to considerable monetary savings. Mr. Serbousek stated the District indicated
a hydrant must be placed within 300 feet of each residence. Mr. Gathman clarified the referral from
the Department of Building Inspection states a letter of approval must be provided from the Fire
Protection District prior to residential construction, which will be addressed through the Final Plan
application. In response to Commissioner Jerke, Mr. Gathman stated the Department of Planning
Services has requested the Final Plan application be conceptually approved, and explained to
Mr. Serbousek that the application will be considered by the Board instead of the Department of
Planning Services. In response to Chair Long, Mr. Serbousek stated he does not have concerns
with the placement of the required waterlines, and he does not anticipate any significant
modifications for the Final Plan application. Chair Long stated he understands the required
hydrants and/or sprinkler systems will be very costly. Following discussion regarding approximate
time lines for administrative and conceptual approval, Mr. Serbousek indicated he concurred with
the recommendation of conceptual approval. In response to Chair Long, Mr. Serbousek indicated
he has reviewed, and concurs with, the Conditions of Approval as stated.
Commissioner Jerke moved to approve the request of Serbousek Family,LLC,for Change of Zone,
PZ #1129, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for eight (8) residential lots with E (Estate) Zone uses, along with 7.071 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
Masden,and it carried unanimously. There being no further discussion,the hearing was completed
at 11:30 a.m.
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This Certification was approved on the 10th day of September 2007.
APPROVED:
,c "Sea BOARD OF COUNTY COMMISSIONERS
0* EL OUNTY, COL , DO
ATTEST: / / O1 F
z avid E. Long, Chair
Weld County Clerk to the B r!( , y,--,
6111 William rke, Pro-
De ty Cle to the Board /A.
William F. Garcia
TAPE #2007-26 RiSa- m\
Robert D. Masden
DOCKET#2007-67
•
ougla Rademache
2007-2962
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1129 - SERBOUSEK FAMILY, 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 08/07/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Building Tech referral, dated 08/15/2007
F. Planning Staff Certification and photo of sign posting
G. Lake Lee Lateral Ditch Company Letter of Agreement
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