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Home My WebLink About20060709.tiff HEARING CERTIFICATION DOCKET NO. 2006-08 RE: CHANGE OF ZONE, PZ#1078, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH E (ESTATE), R-1 (LOW DENSITY RESIDENTIAL), R-2 (DUPLEX RESIDENTIAL), R-3 (MEDIUM DENSITY RESIDENTIAL), R-4(HIGH DENSITY RESIDENTIAL),C-1 (NEIGHBORHOOD COMMERCIAL), C-2 (GENERAL COMMERCIAL), AND CONTINUING OIL AND GAS PRODUCTION USES IN THE MIXED USE DEVELOPMENT (MUD) OVERLAY DISTRICT- ST. VRAIN LAKES PUD - CARMA(COLORADO), INC. A public hearing was conducted on March 15, 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 Assistant County Attorney, Cyndy Giauque 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 12, 2006, and duly published January 18, 2006, in the Fort Lupton Press, a public hearing was conducted on February 8, 2006, to consider the request of Carma(Colorado), Inc.,for Change of Zone,PZ#1078,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District, with E (Estate), R-1 (Low Density Residential), R-2 (Duplex Residential), R-3 (Medium Density Residential), R-4 (High Density Residential),C-1 (Neighborhood Commercial),C-2(General Commercial),and continuing oil and gas production uses in the Mixed Use Development(MUD)Overlay District-St.Vrain Lakes PUD. At said hearing the Board deemed it advisable to continue the matter to March 15,2006,following a special meeting of the Planning Commission on February 16, 2006, to consider the matter. On March 15, 2006, Bruce Barker, County Attorney, made this a matter of record. Jacqueline Hatch, 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 property consists of 1,313 acres, the application materials propose 4,800 to 5,131 residential lots averaging from 7,500 to 8,000 square feet, with a minimum lot size of 4,830. She further stated there will be three commercial development areas comprising of 40 acres,a municipal development area comprising of 22 acres, three school sites, and 334 acres of open space. She gave a brief description of the location of the site and surrounding land uses, and stated the property is within the Mixed Use Development(MUD)area,and has been mined and reclaimed. Ms. Hatch stated the site is also within the three-mile referral area for the Towns of Mead, Firestone,and Frederick. She 2006-0709 PL1815 HEARING CERTIFICATION - CARMA (COLORADO), INC. (PZ#1078) PAGE 2 stated the Town of Frederick indicated no conflicts with its interests, and the Town of Mead requested the applicant be directed to petition for annexation to the Towns of Mead or Firestone. She further stated the Town of Firestone commented the proposed residential density is higher than a typical development in Firestone,which may negatively impact the Town. Ms.Hatch stated there are five tracts of land which are not part of the proposal, including four single family dwellings and a substation for United Power. She stated the proposal provides an opportunity for significant transportation improvements in the area, and reviewed the various roads to be upgraded or coordinated through the Town of Mead or the Colorado Department of Transportation(CDOT). She further stated infrastructure improvements for 1-25 are anticipated to start in late 2006, and the applicant will provide a portion of the funds. Ms. Hatch stated the applicant has proposed a trail system,which will connect the various components of the development and provide recreational opportunities for the residents. She stated the applicant is also proposing modifications to the building requirements to encroach on the front setback depending on the house design. She further stated the average lot size in Filing 1 will be 7,500 to 8,000 square feet, with a minimum lot size of 4,830 square feet. She reviewed the average lot sizes of similar developments in Weld County, and stated the properties will be subject to a Site Plan Review, and the building height will be determined by the Zoning regulations and Building Code. Ms.Hatch stated the site will be serviced by the Little Thompson Water District and the Saint Vrain Sanitation District,and the applicant has submitted a Draft Service Plan for the proposed Metropolitan District. She stated nineteen referral agencies reviewed the proposal, four offered no comment, and fourteen responded favorably or provided comments which have been addressed in the Conditions of Approval. She stated staff received five letters of concern from surrounding property owners regarding the scale of the development, impacts to schools, infrastructure,and whether there is an overall need. Ms. Hatch stated the Mountain View Fire Protection District and Saint Vrain School District submitted late referrals, which have been incorporated into the Conditions, and staff recommends an Administrative Review for Phase 1, with the remaining phases to be reviewed by the Board of Commissioners. In response to Commissioner Vaad, Ms. Hatch stated the applicant intends to participate in the Southwestern Weld County Law Enforcement Authority(LEA),the residential component of Phase 1 is located north of the St. Vrain River, and was initially part of the River Dance PUD. Responding to Commissioner Masden, Peter Schei, Department of Public Works, stated the MUD standard requires a 44-foot cross section;however,staff is in agreement with allowing a 36-foot street cross section for this development. In response to Commissioner Vaad, Mr. Schei stated the 36-foot cross section will result in two ten-foot travel lanes and two eight-foot parking lanes. In response to Chair Geile, Ms. Hatch stated the applicant's presentation will review the status of the property transactions, there is an agreement concerning the purchase of 24 shares of Colorado Big Thompson water per lot,and the Saint Vrain School District indicated the school site locations and cash-in-lieu amount are adequate. Mr. Barker stated the Metropolitan District will be considered under a separate procedure and action of the Board. He explained the Special District Service Plan must be submitted and accepted by the Board, referred to the Planning Commission, and set for a hearing. Chair Geile expressed concern with permitting an Administrative Review of Phase 1, since there are so many technical aspects to the case. Pam Smith,Department of Public Health and Environment,stated the site will be served by the Little Thompson Water District and the Saint Vrain Sanitation District. She stated the recreational aspects of the proposal include trails,school sites, lakes, nine neighborhood parks with restroom 2006-0709 PL1815 HEARING CERTIFICATION - CARMA (COLORADO), INC. (PZ#1078) PAGE 3 facilities,and four pocket parks. She stated one of the recreation centers will be open to the general public if they pay a membership fee, and the developer has indicated the residents will be able to access any part of the development without going onto public roadways. In response to Commissioner Masden and Chair Geile, Ms. Smith stated the trail does connect to the Saint Vrain Lakes trail system, and there are regulations which allow public swimming at the lakes. Peter Schei,Department of Public Works,stated the transportation impacts of approximately 49,000 additional vehicles will be considerable; however,staff has worked with the applicant, CDOT,and the Town of Mead to address the issues. He stated the details will be coordinated as they go through the various Final Plans for each of the phases,and improvements to the external roadways will be based on traffic thresholds. Mr. Schei stated the Metropolitan District will be formed in the future,since Weld County does not have the ability to adequately serve the development. He stated because the site is within the MUD,the applicant will be required to meet the urban criteria,including curb,gutter,and sidewalks;however,the Department of Public Works is agreeable to reducing the street cross section to 36 feet, as proposed by the applicant. He further stated the applicant is working on a Conditional Letter of Map Revision (CLOMR)and Stormwater and Drainage Plans, which must be complete prior to construction. The applicant must show construction and post construction plans for erosion control, and provide for downstream infrastructure, if needed. In response to Comm issioner Jerke,Mr.Schei stated the variance to 36 feet would be for interior local streets;however,interior arterial streets will be 140 feet in width,and collector streets will be 80 feet. He stated further review of the street design will be done at the time of Final Plan for each phase. Responding to Commissioner Masden, Mr. Schei stated the detailed plans for Weld County Road 9.5 are not available at this time; however,staff has requested the applicant participate in a proportional sharing agreement. He explained if CDOT does not extend Weld County Road 9.5 north of Weld County Road 28, then the County can proceed with the project, although the proportional share would be greater. He stated the road does not need to be built prior to development, since there is an alternative route using Weld County Road 11. In response to Commissioner Long, Mr. Schei stated staff and the applicant met following the Planning Commission hearing and agreed on the reduced cross section width of 36 feet on interior local roads. Responding to Chair Geile,Mr.Schei stated his comments and the proposed Conditions of Approval are based on the recommendation provided by Felsburg,Holt,and Ullevig(FHU),and staff is recommending that maintenance and snow removal be addressed through the Metropolitan District. Tom Morton represented the applicant and stated he has been in business for 48 years,specializing in developing large master planned communities. He reviewed other projects completed by his company, as well as the amenities that can be coordinated with local entities such as school districts,towns,and recreational districts. Mr.Morton stated the applicant remains in control of the project until the site is completelyfinished,and each of the other developments is managed through a Metropolitan District. He referred to a PowerPoint presentation,marked Exhibit S,and stated there will be a lot of emphasis on landscaping and detailed design guidelines. He stated the amenities are built early in the process, and he noted the development is being advertised under the name "Bayshore". In response to Chair Geile, Mr. Morton stated Carma has closed on the first property contract, and the remaining land and water will be acquired over the next four years, with the contracts being contingent upon approval of this proposal. In response to Commissioner Jerke, Mr. Morton explained the purchases are spread over four years to spread the overall purchase cost. 2006-0709 PL1815 HEARING CERTIFICATION - CARMA (COLORADO), INC. (PZ#1078) PAGE 4 Tyler Packard represented the applicant and stated they started this process three years ago. He stated the site is ideally located within close proximity to travel corridors and job markets, and a large development will result in a fluid design rather than varying ideas on smaller adjacent projects. Mr. Packard referred to Exhibit S, and stated the lakes are a key amenity. He stated they have worked with the Little Thompson Water District to purchase Windy Gap water shares from the City of Greeley,and all of the houses will have two taps,since the waterwill be recaptured and pumped to the lakes and used for irrigation. He stated the proposal features 334 acres of open space and parks, recreation centers,a trail system,a commercial component along State Highway 66,three school sites, and a municipal site which may include a fire substation, law enforcement authority, library district or YMCA. He stated there will be four major entries into the development, and four minor entries which will have unique water features. Each phase will have its own special features and include various types of housing styles. Mr. Packard requested approval of the request for Administrative Review for Phase 1,since the application materials include significant detail on that portion of the development. He stated the plat cannot be signed until the Metropolitan District is approved by the Board of Commissioners, and the Final Plan for Phase 1 could still come before the Board if too many changes from the Change of Zone are submitted. He further stated they will be meeting with the School District regarding construction of the new schools, and he displayed plans for changing the layout of the lakes to create islands and a peninsula. Mr. Packard stated they intend to construct a swimming lake which will be filled with fresh water,and the irrigation lakes will be filled with reclaimed treated water. He stated the applicant agrees with the 36-foot street cross section,with the sidewalk separated by a five-foot tree lawn. He stated Phase 1 consists of more than 500 acres,and he requested a ten-foot variance for houses that have a recessed garage or alley-access garage. He clarified each residence will still have a 20-foot driveway,and buildoutwill take approximately 15 to 18 years. In response to Commissioner Jerke, Mr. Packard stated 17 percent of the development will be multi-family housing units,which can be owned or rented,the applicant intends to participate in the LEA, and they can impose 7.0 mills. He stated the Windy Gap waterwill be enough to service the entire community and fill the lined swimming lake. He further stated the lake will be refilled to compensate for evaporative losses, and clarified the type of water determines whether it is fully reusable or not. Responding to Commissioner Vaad, Mr. Packard stated the Service Plan will be in compliance with the County Ordinance regarding Metropolitan Districts,and agreed that if the mill levy is too high the homes will not sell. Responding to Commissioner Masden, Mr. Packard stated the elementary school sites will be 10 and 12 acres, the middle school site will be 25 acres, and they have worked with the School District to determine the locations. He explained they will not pay a cash-in-lieu fee since they are dedicating ground; however, there will be a mitigation fee, if necessary. He stated the applicant will prepare the school site and install the infrastructure; however,the District will construct the facilities. He stated the applicant intends to set a low mill levy so the initial purchasers do not carry all the financial weight, and Carma does have the ability to make the capital investments necessary to do the lake improvements and amenities first and then recover the cost with a bond. Chair Geile opened the hearing to public testimony for those not able to attend the hearing after lunch. Sheri Anderson,Administrator for the Town of Firestone, read a letter from the Town Board for the record, marked Exhibit R, expressing concern regarding the proposed density and the continual approval of urban-style developments in unincorporated Weld County through expansion of the MUD. (Changed to Tape#2006-10.) 2006-0709 PL1815 HEARING CERTIFICATION - CARMA (COLORADO), INC. (PZ#1078) PAGE 5 Commissioner Long commented the Board toured Brighton Crossing, a development sponsored by Carma. Responding to Commissioner Long, Mr. Packard stated the interior streets in Brighton Crossing are 32-feet wide. In response to CommissionerJerke, Mr. Packard stated the municipal area can also be used for club facilities or churches; however,use of the area is primarily driven by market and the ability to adapt. Responding to Chair Geile, Mr.Packard stated the minimum lot size will be 4,500 square feet, some lots will range from 6,700 to 8,000 square feet,and the estate lots with custom homes will have 18,000 to 20,000 square feet,for an overall average of 7,500 to 8,000 square feet. He stated they have done a market analysis,and the average price fora single family dwelling unit will be in the low$200,000,mid-level homes will cost$300-400,000,and semi-custom homes will cost up to$1 million. He further stated only the lakes, municipal center,and recreation center will be visible from 1-25, since the remainder of the site slopes away from the interstate. Responding to Chair Geile, Mr. Packard stated the southern portion of Weld County Road 9.5 has to be built before any residential construction, and it will eventually connect to State Highway 66. He stated Weld County Road 28 currently connects to the 1-25 Frontage Road, and future plans include widening the road to four lanes and connecting to Weld County Road 13. He further stated the applicant will be responsible for the entire buildout costs of Weld County Road 9.5, and any adjacent frontage, which will be a minimum of two lanes. Mr. Packard stated the transportation improvements will be done in phases and coordinated with Public Works. He further stated Carma will pay to construct two lanes of Weld County Road 9.5 to Weld County Road 28,and CDOT funds will connect the remainder of the road to State Highway 66. He stated they have also agreed to improve Weld County Road 28 to Weld County Road 11, and then up to State Highway 66. He stated the arterial roads will be maintained through the Metropolitan District. Responding to Commissioner Vaad, Mr. Packard reviewed surrounding land uses west of the site. Chair Geile recessed the hearing until 1:30 p.m. Upon reconvening, Mr. Barker was excused and Cyndy Giauque,Assistant CountyAttorney,was in attendance as acting legal counsel. In response to Chair Geile, Mr. Packard stated he and the applicant have reviewed and concur with the Conditions of Approval. No public testimony was offered concerning this matter. Drew Scheltinga, Department of Public Works, stated Felsburg, Holt, and Ullevig (FHU)assists Weld County staff in reviewing complicated submittals. He stated the Traffic Study was referred to FHU, and based on the comments received, the study was updated to adequately address the transportation needs in the area. Mr.Scheltinga stated the recommendations for Phase 1 are very specific, and there will be agreements among the applicant, Weld County, Mead, and CDOT to complete Weld County Road 9.5. He stated if CDOT does not complete Weld County Road 9.5, the applicant can still use Weld County Roads 28 and 11. He further stated the applicant is proposing to have the road work triggered by the number of building permits,since the 200-vehicle threshold for paving may not initially be met. In response to Commissioner Vaad, Mr. Scheltinga reviewed the cross section details for collector, arterial, and internal local roads, and stated Weld County Roads 9.5 and 13 require 140 feet of right-of-way,and Weld County Road 28 requires 110 feet. Responding further to Commissioner Vaad, Mr. Packard stated they met with the Town of Mead in February 2004, and discussed annexation; however, the applicant determined that proceeding with Weld County would better meet its land use goals. Chair Geile referred to MUD Policy 1.2 of the Weld County Code,and Mr. Packard stated the Town of Firestone does not desire to extend north of the Saint Vrain River. He stated a Metropolitan District will be well equipped to serve the community, the area can be adequately serviced by the Little Thompson Water District and Saint Vrain Sanitation District, and water and sewer services can be extended through the 2006-0709 PL1815 HEARING CERTIFICATION - CARMA (COLORADO), INC. (PZ #1078) PAGE 6 Metropolitan District. He further stated this development will be built over 20 years, many of the residents'needs will be offered within the community,and outside commercial services will benefit from the additional income and tax base. Responding to Commissioner Jerke, Ms. Hatch stated Conditions of Approval#2.P and#3.P address the LEA. Responding to Commissioner Masden,Mr. Schei stated the Department of Public Works and FHU are in concurrence with a 36-foot street cross section. Responding to Commissioner Long,Chris Fasching, FHU,stated a local street width of 36 feet is a common standard for municipalities and counties,and is suitable for two emergency vehicles. CommissionerJerke stated he does not find any reason to oppose the request. He stated there are no terms in the Intergovernmental Agreements that prohibit the proposed use, the lots are a reasonable size, and the amenities will be a benefit to the area. He stated the Phases will be dictated by the market,and the reputation of the applicant is also helpful in making a decision on a proposal of this size. Commissioner Long stated this appears to be a well-planned development, although the narrow street widths are still a concern.He stated the tour of Brighton Crossing convinced him that 32-foot widths are very troublesome; however, 36 feet appears to be a suitable compromise, and he supports the application. Commissioner Vaad referred to an E-mail from Brian McCormick,marked Exhibit M,who expressed concern regarding the differences of rural and urban residents who have different expectations of their local representatives. He stated the MUD was established to provide a means for urban development in an area outside a municipality, and the future residents will pay taxes, as well as transportation and stormwater impact fees. He stated the School District has indicated agreement with the school sites, and the application is well thought out and will serve a need in the area. He further stated those who want open space need to pay to acquire the land they wish to have preserved. Commissioner Masden concurred with the previous statements, and although he has some concern with reducing the street widths, staff and the County's consultant have indicated the compromised width is adequate. He stated the proposal will provide three school sites, a trail system that ties into existing trail systems, and a transportation plan that does not rely on CDOT to complete Weld County Road 9.5. He stated he appreciates the reputation of the applicant for building the amenities prior to constructing homes, and remaining the primary contact if there are issues to address in the future. Chair Geile stated the Saint Vrain Sanitation District was created to support urban development in the MUD,and he is satisfied this development will not have an adverse impact on the surrounding municipalities. He stated the law enforcement and maintenance will be addressed through the Metropolitan District, so as the homes are constructed, there will be support infrastructure. He stated the project will be phased according to market trends, the applicant must submit an application for each phase,this development will serve as a buffer between the Towns of Firestone and Mead, and there will be a Homeowners' Association. Responding to Commissioner Vaad,Ms.Hatch stated staff is comfortable with the level of detail for Phase 1 to allow an Administrative Review once the Metropolitan District is approved. 2006-0709 PL1815 HEARING CERTIFICATION - CARMA (COLORADO), INC. (PZ#1078) PAGE 7 Commissioner Vaad expressed concern with granting an Administrative Review of the Final Plan for Phase 1 without further input from the public and surrounding municipalities. Commissioner Jerke stated it is generally best to allow for an additional hearing at this level. Chair Geile stated after hearing the presentation of Public Works staff, he feels it would be beneficial for the Board to consider each of the phases. Commissioner Vaad moved to approve the request of Carma(Colorado), Inc.,for Change of Zone, PZ#1078, from the A(Agricultural)Zone District to the PUD (Planned Unit Development) Zone District, with E (Estate), R-1 (Low Density Residential), R-2 (Duplex Residential), R-3 (Medium Density Residential), R-4(High Density Residential),C-1 (Neighborhood Commercial),C-2(General Commercial), and continuing oil and gas production uses in the Mixed Use Development(MUD) Overlay District-St. Vrain Lakes PUD, 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 2:20 p.m. This Certification was approved on the 20th day of March 2006. was APPROVED: Imo' ► Eff.s. ARD OF EUNTY COMMISSIONERS LD CO JY, COLORADO ATTEST: 11 mew J. eile, Chair Weld County Clerk to the Boa t►:j '��i�✓EXCUSED (� ( vitt EC „wl David E. Long, Pro-Tem BY: De u y Clerk to the Board EXCUSED DATE OF APPROVAL .am H. rke TAPE #2006-09 and #2006-10 N\J �\"2V` Robert D. Masd n DOCKET#2006-08 Glenn Vaa 2006-0709 PL1815 (1 N oo ` � ...,9 .i D 0 thi 0 0 1 � I i r cx ••• (4 °I. t\N, e di. 41 J-- o A \ z max- FT a 'rn - fl tics Af. w 2: Z . 13 i§ 4 d M , ,O Co eCn d w >, I1�a i o ' c -tg ‘ jr s z ° ... \S) cdN `—'1 ,Yt 7 -4,:cit"° 'D < co a H 0 c G N 3 O�� 1s ` Q S \ M N a K- i 1n O R Q r O\ �'lN7N `;7 �A u C O8 E v �a Z_ vs ~ 0 > L U) va ° a J V Q m lit I ' .Q V v 0 LL - Q p • 33 a p r. ; 51.' �� Ill o c ?• �Y�S c� S �1 UJ. 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F w 000 a z o 1-1= S. V 1 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1078 - CARMA(COLORADO), INC. 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 12/20/2005 and 1/17/2006) D. Clerk to the Board Notice of Hearing E. Planning Staff Memo requesting continuance, dated 02/08/2006 F. Dale Charles E-mail of opposition, dated 01/25/2006 G. Fred Tafoya / Carroll and Lange, Inc. Phasing Plan and response to Master Drainage Study, dated 03/07/2006 H. Fred Tafoya /Carroll and Lange, Inc. Letter from St. Vrain Sanitation District, dated 01/17/2006 I. Fred Tafoya /Carroll and Lange, Inc. Property Ownership Color Graphic Map, dated 03/08/2006 J. Fred Tafoya / Carroll and Lange, Inc. Revised/Proposed local street section, dated 03/08/2006 K. Fred Tafoya / Carroll and Lange, Inc. Letter from Mountain View Fire Protection District, dated 03/09/2006 L. Fred Tafoya / Carroll and Lange, Inc. Utility Coordinating Letter and Letter from Corp of Engineers, dated 03/09/2006 M. Brian McCormick E-mail of Opposition, dated 03/09/2006 N. Susan Kelly E-mail of Opposition, dated 03/15/2006 O. Planning Staff Certification and Photo of sign posting P. Artie Elmquist Letter of Opposition, dated 03/13/2006 Q. John Folsom Letter of Concern, dated 03/14/2006 R. Town of Firestone Letter dated 03/14/2006 S. Applicant Copy of PowerPoint Presentation Hello