HomeMy WebLinkAbout20062262 HEARING CERTIFICATION
DOCKET NO. 2006-55
RE: CHANGE OF ZONE, PZ#1041, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS -WILLIAM AND CAROL CESSNA, C/O ROBERT PARSONS
A public hearing was conducted on September 6, 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
County Attorney, Bruce Barker
Planning Department representative, Brad Mueller
Health Department representative, Pam Smith
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated August 18,2006,and duly published August 23,2006,
in the Fort Lupton Press, a public hearing was conducted to consider the request of William and
Carol Cessna,do Robert Parsons,for Change of Zone, PZ#1041,from the A(Agricultural)Zone
District to the PUD (Planned Unit Development)Zone District for nine(9) residential lots. Bruce
Barker, County Attorney, made this a matter of record. Brad Mueller, 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 gave a brief description of the location
of the site and surrounding land uses,and stated the property is flat and slopes to the southeast to
the Larimer County Canal. Mr.Mueller stated there are other rural subdivisions near the subject site,
and he displayed photographs of the area. He stated the Code requires paving, curb, gutter, and
sidewalks when a rural subdivision is in close proximity to other subdivisions, and only the Board
can grant a waiver of the requirements. He submitted a memorandum, marked Exhibit G,
recommending the addition of Conditions of Approval#1.A.6,#1.A.7,and#2.AA,and in response
to Commissioners Masden and Jerke, Mr. Mueller stated the site is 80 acres, and Weld County
Road 84 is a local gravel road.
Pam Smith, Department of Public Health and Environment,stated the nine lots will range from 5.0
to 8.7 acres, and the site is bordered by a canal on the east and south. She stated preliminary
percolation tests were not conducted since the lots are proposed to be five acres or larger;however,
based on data from the Soil Conservation Service maps,portions of the parcel are expected to have
high ground water and flooding,while other areas are anticipated to have slow percolation rates and
shallow bedrock. Ms.Smith stated she is not requiring secondary septic envelopes; however,the
Change of Zone plat does designate envelopes,which are adequate if the applicant chooses to use
them.
2006-2262
PL1(0 f. /'L /6z 7/ p q85
HEARING CERTIFICATION - WILLIAM AND CAROL CESSNA, C/O ROBERT PARSONS
(PZ#1041)
PAGE 2
Drew Scheltinga,Department of Public Works,stated the applicant has addressed all of the issues
expressed in the referral comments from the Department of Public Works. He stated Weld County
Road 84 is not paved and has an average daily traffic count of 80 to 236 vehicles, and there is a
pending agreement with the Saddler Arena for the paving of Weld County Road 19 for one-half mile
north of State Highway 14. Mr. Scheltinga stated there are other developments in the area,
therefore, staff is requiring an Off-site Improvements Agreement for dust abatement, and if the
Board waives the paving requirement, Condition of Approval #1.A.4 will need to be modified to
replace the word "paved"with "gravel," and Condition of Approval #5.1 will need to be deleted.
Responding to Commissioner Jerke,Mr.Scheltinga stated it is likely that the developments east and
west of the site have existing dust abatement requirements,and as the various developments are
completed, the dust control threshold may be met. He stated it would be best to get all of the
developers to agree to a proportional sharing of the paving costs; however, the agreement would
require a ten-year term limit, since specific timing is hard to determine. Commissioner Jerke
commented the uncertainty of future conditions complicate the matter, since the developers may
turn the project over to a Homeowners'Association. Mr. Scheltinga stated the requirement for an
agreement proposal is typically done at the Change of Zone phase, with an actual agreement
required at the Final Plan. In response to Commissioner Vaad, Mr.Scheltinga stated if the internal
roadway is not paved, it will be the responsibility of the Homeowners'Association; however, if a
roadway is paved to County standards, it is generally accepted for County maintenance,with the
exception of gated communities. He further stated the requirement for curb,gutter,and sidewalks
is typically waived on large-lot developments.
Jeff Couch,TEAM Engineering,represented the applicant and stated it has been one year since the
Planning Commission hearing,during which time the applicant was delayed while the Fire Districts
in the area resolved a boundary dispute. He stated the applicant has since addressed the
comments from the appropriate Fire District. Mr. Couch stated as Saddler Arena is completed,
water lines will be reinforced, therefore, the applicant is working on plans to extend the new lines
when they are ready. He stated the Town of Severance did receive a referral and chose not to
respond;however,representatives of the Town have verbally indicated they are not interested in the
subject area. He stated the development east of the subject site will have a gravel access and
eighty percent of the traffic is anticipated to travel south on Weld County Road 21 to State
Highway 14. He further stated the subdivision west of the subject site will also have a gravel interior
road, and the combination of all three developments will meet the threshold requirement for road
stabilization,not paving. Mr.Couch stated he has been working with the Water Supply and Storage
Company to complete a Drainage Agreement. In response to Commissioner Jerke, Mr. Couch
stated the development to the east(MF-1039)has nine lots approximately seven acres in size,and
the development to the west(MZ-1025)has eight lots. Responding to Chair Geile,Mr.Couch stated
if the Board waives the paving requirement, then maintenance will be the responsibility of the
Homeowners' Association. Chair Geile expressed concern with leaving so much maintenance
throughout the County to the various Homeowners'Associations. Mr. Couch stated typically the
Homeowners' Associations do high quality maintenance, since the conditions are driven by the
standards of the residents;however,the County does excellent maintenance on Weld County Road
84. In response to Chair Geile, Mr. Couch stated he and the applicant have reviewed and concur
with the Conditions of Approval as proposed and modified.
No public testimony was offered concerning this matter.
2006-2262
PL1852
HEARING CERTIFICATION - WILLIAM AND CAROL CESSNA, C/O ROBERT PARSONS
(PZ #1041)
PAGE 3
Mr.Mueller confirmed the Town of Severance did not respond to the referral regarding the Change
of Zone application;however,it did provide comments regarding the Sketch Plan. He further stated
if the paving is waived, then the motion will need to include the changes outlined in Exhibit G. He
explained without affirmative action the setbacks for the bus shelter,mail kiosk,and subdivision sign
will be 20 feet. The Board agreed to waive the setbacks and offsets. Commissioner Vaad moved
to add Conditions of Approval#1.A.6, #1.A.7, and#2.AA. Commissioner Masden seconded the
motion,which carried unanimously. Commissioner Vaad moved to waive the paving requirement,
amend Condition of Approval#1.A.4 to replace "paved"with "gravel," and to delete Condition of
Approval#5.1. Commissioner Masden seconded the motion, which carried unanimously. At the
request of the applicant,the Board also agreed to allow an Administrative Review of the Final Plan
application.
Commissioner Vaad moved to approve the request of William and Carol Cessna, c/o Robert
Parsons,for Change of Zone,PZ#1041,from the A(Agricultural)Zone District to the PUD(Planned
Unit Development)Zone District for nine(9)residential lots,based on the recommendations of the
Planning staff and the Planning Commission,with the Conditions of Approval as entered into the
record and modified by previous motions. The motion was seconded by Commissioner Long,and
it carried unanimously. There being no further discussion,the hearing was completed at 11:25 a.m.
This Certification was approved on the 11th day of September 2006.
APPROVED:
S :OARD OF COUNTY COMMISSIONERS
ELD CtiNTY, COLORADO
ATTEST: L4
M. J. eile, Chair
Weld unty Clerk to the Boa
David E. Long, Pro-Te
BY: 4u
Depu Clerk to the Board
Will' . Jere �n
TAPE #2006-33 a.
Robert D. Masden
DOCKET#2006-55
Glenn Vaad
2006-2262
PL1852
EXHIBIT INVENTORY CONTROL SHEET
Case PZ #1041 -WILLIAM AND CAROL CESSNA, CIO ROBERT PARSONS
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 08/02/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum re: Items Prior to Scheduling,
dated 07/23/2006, and corresponding
documents
F. Planning Staff Certification and Photo of sign posting
G. Planning Staff Memorandum re: Changes to Draft
Resolution, dated 09/06/2006
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