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Home My WebLink About20061173.tiff HEARING CERTIFICATION DOCKET NO. 2006-22 RE: CHANGE OF ZONE, PZ#1102, FROM THE A (AGRICULTURAL)ZONE DISTRICT TO THE PUD(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 17 RESIDENTIAL LOTS, TWO(2) NON-RESIDENTIALAGRICULTURALOUTLOTS,AND 0.8 ACRES OF OPEN SPACE, ALONG WITH OIL AND GAS PRODUCTION - TRINITY PROPERTIES, LP A public hearing was conducted on April 5, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem - EXCUSED 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, Sheri Lockman Health Department representative, Pam Smith Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated March 10,2006,and duly published March 15,2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Trinity Properties, LP, for Change of Zone, PZ#1102, from the A(Agricultural)Zone District to the PUD (Planned Unit Development)Zone District for 17 residential lots,two(2)non-residential agricultural outlots, and 0.8 acres of open space, along with oil and gas production. Bruce Barker, County Attorney, made this a matter of record. Chair Geile advised the applicant's representative, Anne Best-Johnson,Todd Hodges Design, LLC,that she has the option of continuing this matter to a date when the full board will be present. However, if she decides to proceed today, it will require three affirmative votes,or in the case of a tie vote, Commissioner Long will listen to the record and make the determining vote. Ms. Johnson indicated she would like to proceed today. Sheri Lockman, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written,and gave a brief description of the location of the site and the surrounding land uses. She stated 16 referral agencies reviewed the proposal, and 12 provided comments that have been addressed in the Conditions of Approval. She stated the request is for a cluster PUD,therefore,two-thirds of the site must be reserved for agricultural purposes fora period of 40 years,with a density not to exceed two residential units per each 35 acres. Ms. Lockman stated the applicant has included enough acreage to allow 17 residential lots, and although that amount exceeds the standard nine lots allowed in a non-urban area,the Weld County Code indicates the number of lots allowed in a cluster PUD is entirely computed by the overall acreage. She stated the site will be serviced by individual wells and septic systems,there is a pending Augmentation Plan for the irrigation wells,and prior to 2006-1173 HEARING CERTIFICATION - TRINITY PROPERTIES, LP (PZ#1102) PAGE 2 recording the final plat, the applicant must submit well permits for the 19 proposed wells and the Water Court decrees for the Augmentation Plan to replace the depletions from the wells. She stated staff has received no correspondence from surrounding property owners, and the applicant is requesting a waiver of the paving requirement as addressed in Condition of Approval#1.C.1. In response to Chair Geile,Ms. Lockman stated the issue of the water supply is being reviewed by the Water Court,therefore,the applicant will need to address what the wells are capable of serving. Pam Smith, Department of Public Health and Environment,stated the overall site is 304 acres, and the applicant is proposing 17 residential lots. She stated the lot sizes will range from 3.2 to 10.2 acres, with an overall density of one septic system per 17.9 acres. She stated each lot will be served by an individual well,and although the Augmentation Plan is still being reviewed,Assistant County Attorney,Lee Morrison,previously advised that it was appropriate to proceed with the land use hearing process and require that the water issue be resolved prior to recording the final plat. Ms. Smith stated the wells must meet a 100-foot setback from septic systems, and the septic systems will be designed based on site-specific conditions to address the steep slope on some of the lots. She further stated the development will have a 5,000-gallon storage tank located on Lot 1 for fire protection of the development. In response to Commissioner Jerke, Ms. Smith stated the applicant applied for domestic wells in 2002; however, they were not obtained and they had to reapply for this proposal. Peter Schei, Department of Public Works, stated the internal roadway will have two accesses from Weld County Road 70,which is adequate for the number of lots and the proposed size of the PUD. He stated the western access has a turn around for bus and mail services, and there will be a cul-de-sac at the midpoint of the internal road. He further stated Weld County Road 70 is not currently constructed adjacent to the site; however,the applicant has agreed to construct the road along the site frontage up to the easternmost access. Mr.Schei stated the Planning Commission recommended allowing two 13-foot or larger internal gravel lanes,which would be maintained by the Homeowners'Association. He stated the Covenants will address doing dust control measures in front of the existing homes in close proximity to the development. Responding to Chair Geile, Mr. Schei stated the applicant chose the site layout based on which sites provide prime view corridors. Ms. Lockman stated the remaining area will be required to stay in agricultural use for a minimum of 40 years, which may include uses such as pasture land, or grazing, etcetera. She stated part of the agricultural area (Outlot A internal to the road) will be accessible to the Homeowners' Association; however, Outlot B will not to be used by the residents. Ms. Johnson stated the western access is situated across from the termination point of Weld County Road 60.5,and she gave a brief description of the location of the site and surrounding land uses. She stated this is not a standard PUD,since it follows the cluster provisions. She stated two- thirds of the site must be conserved for agricultural purposes, and the homes will be built on the remaining area. She stated the 17 lots, ranging from 3.2 to 10.2 acres, will be clustered on 87.7 acres which also includes the right-of-way and open space. She further stated the applicant has requested an administrative review of the Final Plan application. In response to Commissioner Jerke, Ms.Johnson stated the site is currently used fordryland production,and the development will require irrigation wells to provide for the four animal units allowed per lot. Responding to Chair Geile, Ms.Johnson stated she and the applicant have reviewed and concur with the Conditions of Approval and the modification of Condition #1.C.1 which allows for a gravel internal road. 2006-1173 PL1831 HEARING CERTIFICATION -TRINITY PROPERTIES, LP (PZ#1102) PAGE 3 Mary Beth Sobel,attorney,represented Anadarko entities and stated her client owns all the mineral rights underlying the site. She stated they originally submitted objection letters;however,since that time an agreement has been negotiated and is currently being signed and faxed to the County for inclusion in the file. Ms. Sobel read the agreed upon language for the record, and stated with the understanding that the language has been accepted,they are formally withdrawing their objection. Brian Tooley, attorney, represented the mineral lessees, United States Exploration, Inc., and Petroleum Development Corporation. He stated based on the previous testimony of Ms.Sobel,the lessees also withdraw their objections. Joyce Johnson,surrounding property owner,stated she is not opposed to the request;however,she expressed concern with the potential for increased traffic. She stated the issue of dust control was addressed at the Planning Commission; however,following that hearing the condition of the road deteriorated, and Weld County Road 60.5 needs to be improved near State Highway 392 during inclement weather. She stated this development will have an impact on the quality of life for existing residents due to a large increase all at one time. In response to Commissioner Jerke,Ms.Johnson stated she has lived west of the site for 18 years. She further stated there are approximately seven residences located north of the Highway, as well as some other developments in the area, which were built gradually over a span of 18 years. There being no further comments, Chair Geile closed public testimony. Responding to Commissioner Jerke, Forrest Leaf, Leaf Engineering, Inc., stated the depth to groundwater ranges from ten to fifteen feet; however, the wells will be 200 to 300 feet deep and serviced by the Laramie-Fox Hills formation for better quality. He stated the irrigation wells will be shallow;however,water wells require augmentation, and the court decree should allow for drilling to either depth. He indicated the location of the communal irrigation wells,and stated the applicant does have the option of applying for one exempt well in the southern half of the site, as well as for five exempt wells in the north. The Board indicated approval of the request for an Administrative Review of the Final Plan application. CommissionerJerke commented the buildout of this development may take a while due to the market demand in the area,which is a risk to the applicant. ChairGeile commented allowing development on 85 acres, and continuing agricultural uses on the remaining area under a Conservation Easement for 40 years, represents the best use of the land. Commissioner Jerke moved to approve the request of Trinity Properties, LP,for Change of Zone, PZ#1102, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 17 residential lots, two (2) non-residential agricultural outlots, and 0.8 acres of open space,along with oil and gas production, based on the recommendations of the Planning staff and the Planning Commission,with the Conditions of Approval as entered into the record, and granting the request for Administrative Review of the Final Plan application. The motion was seconded by Commissioner Masden,and it carried unanimously. ChairGeile commended the applicant and oil and gas operators of record for resolving the issues. There being no further discussion,the hearing was completed at 11:30 a.m. 2006-1173 PL1831 HEARING CERTIFICATION - TRINITY PROPERTIES, LP (PZ#1102) PAGE 4 This Certification was approved on the 10th day of April 2006. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: Mdatet M. J. eile, Chair Loci-,'t-O' Weld County Clerk to the Board EXCUSED David E. Long, Pro-Tern BY. D.r . Deputy Clerk tot ' :o fr4.4 Wil H. Jerkgc TAPE #2006-14 i.'�► •l �, Robert D. Masde DOCKET#2006-22 �� Glenn Vaad C 2006-1173 PL1831 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1102 -TRINITY PROPERTIES, LP 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 02/07/2006) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification and Photo of sign posting F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. cn. 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