HomeMy WebLinkAbout20060363.tiff HEARING CERTIFICATION
DOCKET NO. 2006-06
RE: CHANGE OF ZONE, PZ #545, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 38 RESIDENTIAL
LOTS WITH E (ESTATE) ZONE USES -WIPO, LLC, C/O BRET LARIMER
A public hearing was conducted on February 22, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated January 6, 2006, and duly published January 11,
2006, in the Fort Lupton Press, a public hearing was conducted on February 1, 2006,to consider
the request of WIPO, LLC,for Change of Zone, PZ#545,from the A(Agricultural)Zone District to
a PUD(Planned Unit Development)Zone District for 38 residential lots with E(Estate)Zone uses.
At said hearing the Board deemed it advisable to continue the matter to February22,2006,to allow
the applicant adequate time to revise the Waste Management Handbook to the satisfaction of the
Department of Public Health and Environment. On February 22, 2006, Lee Morrison, Assistant
County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services,
presented a brief summary of the proposal, entered the unfavorable recommendation of the
Planning Commission into the record as written, and gave a brief description of the location of the
site and surrounding land uses. Mr. Ogle stated 18 referral agencies reviewed this proposal and
twelve responded favorably or provided comments that have been addressed in the Conditions of
Approval. He stated the site is not within an Intergovernmental Agreement Area or Urban Growth
Boundary Area; however, it is within the three-mile referral area for the Towns of Windsor and
Severance. He stated the Town of Windsor recommends denial of the request, since it is not
consistent with the Town's E-1 (Estate Residential)Zone District,which requires a minimal lot size
of 2.5 acres for septic systems approved by the Town. He further stated the subject property is
contiguous with the Town's corporate limit, therefore, the Town of Windsor has requested the
applicant be directed to petition for annexation. Mr. Ogle stated the unanimous recommendation
of denial from the Planning Commission states the proposal is for an urban scale development
without providing the required support services,and the overall density of one septic system per 1.9
acres does not meet County regulations.
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HEARING CERTIFICATION - WIPO, LLC (PZ#545)
PAGE 2
Pam Smith,Department of Public Health and Environment,submitted a map, marked Exhibit I,and
stated the applicant is proposing 38 lots with septic systems,which creates an overall density of
one septic system per 1.9 acres, which is well below the County policy of 2.5 acres. Ms. Smith
stated during previous discussion, she recommended the applicant have an engineer attempt to
design an advanced treatment system that would bring the water quality effluent down to the
equivalent of one septic system per 2.5 acres. She stated the applicant provided a report at the
previous hearing on February 1,2006,which indicated 16 of the lots would need to be on advanced
treatment to produce the water quality equivalent of a 2.5-acre density. Ms. Smith stated it is very
difficult to manage 16 of 38 lots,therefore,staff recommended all 38 lots be on advanced treatment
and that the applicant produce an Environmental Management Handbook detailing the management
plan. She stated the applicant has been working closely with staff,and the plan would be recorded
as an addendum to the Covenants. She further stated based on the findings of the engineer, the
38 advanced treatment systems will bring the water quality effluent down to the equivalent of one
septic system per 4.75 acres,which exceeds the County's policy. She stated if the plan is accepted
by the Board, she recommends adding Condition of Approval #5.0 to state, "The applicant shall
submit a final draft of the Environmental Management Handbook to the Weld County Department
of Public Health and Environment for review and approval," and the addition of Condition of
Approval#6.F to state,"The applicant shall submit evidence to the Department of Planning Services
that the Environmental Management Handbook has been approved by the Weld County Health
Department."
Peter Schei, Department of Public Works,stated the site will be accessed from State Highway 257,
which is under the jurisdiction of the Colorado Department of Transportation. He stated the internal
roadway is proposed to be paved, and the stormwater will be detained on the site.
Bret Larimer represented the applicant and stated the primary issue of concern expressed at the
Planning Commission Hearing dealt with the density per septic system. He stated the applicant
submitted the original proposal in July 2000; however, the Town of Windsor expressed interest in
annexation and implied that sewer service would be extended in the next four to five years. Based
on those representations,the applicant decided to wait until public sewer was available;however,
at this time, public sewer remains 2.5 miles away,and a recent meeting with the Town of Windsor
indicated it has no immediate plans to extend. Mr. Larimer stated the septic systems will be
enhanced to function as on-site wastewater treatment systems, which function similarly to
municipal treatment systems,which is an environmentally sound solution to the situation. He stated
the Planning Commission also expressed concern with access for maintenance of the on-site
treatment systems; however,that should not be a problem due to the large amount of open space.
He reviewed the surrounding land uses,and stated the site is within the Town of Severance Urban
Growth Boundary;however,the Town of Severance did not provide a referral response. Mr.Larimer
reviewed the applicant's reasons for requesting the Change of Zone, as listed in the PowerPoint
Presentation,marked Exhibit L,and displayed a map and photographs showing other PUD's in the
vicinity. He stated the recommendation for denial is based on the septic system density,which has
since been addressed and approved by the Department of Public Health and Environment. He
reviewed the supporting evidence and criteria for approval of a Change of Zone fora Planned Unit
Development,and submitted a letter from the engineer, marked Exhibit J. He stated the proposal
will be compatible with the surrounding subdivisions, and the applicant will continue to work with
staff to meet the necessary requirements.
2006-0363
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HEARING CERTIFICATION - WIPO, LLC (PZ #545)
PAGE 3
In response to Commissioner Masden,Mr. Larimer stated a standard septic system would have an
effective density of 1.9 acres; however, the modified systems will have a density of 4.75 acres.
Responding further to Commissioner Masden,Julie Sullivan,co-representative,stated the systems
will be monitored by an independent company after the first six months,and then inspected twice
a year,with reports provided to the Homeowners'Association. Ms.Smith stated the septic systems
will be aerobic, using bacteria to break down the nitrates. In response to Commissioner Jerke,
Mr. Larimer stated the site will have 26 acres of open space, which will be maintained by the
Homeowners'Association. He further stated the applicant will be the Homeowners'Association
Board until homeowners are appointed to the Board, and they will seek individuals who desire to
hold the development to higher standards. In response to Chair Geile, Mr. Larimer stated he and
the applicant have reviewed and concur with the Conditions of Approval as proposed and modified.
Scott Ballstadt, Town of Windsor Planner, stated the Town's formal recommendation is in the
record, and he indicated the location of a pending annexation application to the southwest of the
subject site. He submitted a copy of the Town's plan for sewer service, marked Exhibit K, and
stated the plan was adopted in 2002,indicating the location of the Town's sewage treatment plant.
He indicated the location of recently extended sewer lines,and stated the plant is currently operating
at less than 50 percent capacity. Mr. Ballstadt stated, pending other developments in the area, it
is possible lines will be extended by the end of the 2006 summer building season,and the Town's
Plan was developed to serve everything within the Growth Management Area. Responding to Chair
Geile,Mr.Ballstadt stated the Takacawa Annexation(southwest of the site)may be approved later
this year; however, that does not mean the immediate installation of the sewer lines. He stated
when the Town adopted the East Side Sanitary Interceptor Plan Map,it also adopted a High-Density
Estate Zone District for the area,which promotes cluster style developments with preserved open
space. He stated the Zone District allows for one-acre lots; however,the residences would need
to be connected to public sewer. Responding to Commissioner Vaad, Mr. Ballstadt reviewed the
location of existing sewer lines,and stated there may be a smaller trunk line extending to the subject
site from the main line. In response to Commissioner Masden, Mr. Ballstadt stated the applicant
for the Takacawa Annexation(southwest of the site)is still working to create road right-of-way and
an easement for the sewer line, therefore, it is difficult to determine when a sewer line will be
extended. In response to Commissioner Vaad, Mr. Ballstadt stated the Town may serve existing
residences located near a new water and sewer line; however, there is no precedence to serve a
new development outside of the municipal boundary. Responding to Commissioner Vaad, Ms.
Smith stated unless a municipality declines service,Weld County cannot issue a new septic permit.
Eustis Habighorst,Windsor Assembly of God,stated the Church does not object to the proposal.
There being no further comments, Chair Geile closed public testimony.
CommissionerJerke stated he reviewed the Planning Commission recommendation,which dealt
almost entirely with sewer issues and an overall density of one septic system per 1.9 acres,
contrary to the 2.5-acre minimum,which is used as a guideline for staff review. He stated the 38-lot
proposal with open space was a concern until he realized the similarity to surrounding similar uses
which are maintaining the developments in a professional way. He further stated the applicant has
addressed the issue of density through engineering safe septic systems.
Commissioner Masden stated the advanced treatment system for waste water addresses his
concerns, since they will be tested and maintained on a semi-annual basis.
2006-0363
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HEARING CERTIFICATION - WIPO, LLC (PZ#545)
PAGE 4
Commissioner Long stated he appreciates the recommendation of the Planning Commission,which
often results in a better application, and he supports this application.
Commissioner Jerke moved to approve the request of WIPO, LLC,for Change of Zone, PZ#545,
from the A(Agricultural)Zone District to a PUD (Planned Unit Development)Zone District for 38
residential lots with E(Estate)Zone uses, based on his previous comments, with the Conditions
of Approval as entered into the record. His motion included adding Conditions of Approval#5.0 and
#6.F as proposed by staff. The motion was seconded by Commissioner Masden, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:40 a.m.
This Certification was approved on the 27thday of February 2006.
APPROVED:
Imo' ► E11,4%
CARD OF ELD COUCO NTY COMMISSIONERS
, COLORADO
ATTEST: 1
. J. eile, Chair
Weld County Clerk to the B�
EXCUSED DATE OF APPROVAL
David E. Long, Pro-Tem
BY: �. 41,1 .;k,1 71-11�l��l�
De ty Clerk to the Board i/��..,✓
Wi ' Jerke
TAPE #2006-07
Robert D. Masden
DOCKET#2006-06 EXCUSED DATE OF APPROVAL
Glenn Vaad
2006-0363
PL1819
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#545 -WIPO, 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 11/15/2005)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter requesting hearing before
Commissioners, dated 12/09/2005
F. Applicant Letter requesting continuance, dated
01/27/2006
G. Planning Staff Certification and Photo of sign posting
H. Planning Staff Certification and Photo of sing posting
Health Staff Map of surrounding developments
J. Applicant Letter from Terra Logics Consulting, dated
02/21/2006
K. Scott Ballstadt Town of Windsor, East Side Sanitation
Interceptor Map
L. Applicant Copy of PowerPoint Presentation
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