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Home My WebLink About20060628.tiff HEARING CERTIFICATION DOCKET NO. 2006-13 RE: CHANGE OF ZONE, PZ#1090, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 24 RESIDENTIAL LOTS AND 9.7 ACRES OF OPEN SPACE - RIDGEVIEW FARMS, LLC A public hearing was conducted on March 29, 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 County Attorney, Bruce Barker 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 February 3, 2006, and duly published February 8, 2006, in the Fort Lupton Press,a public hearing was conducted on March 1,2006,to consider the request of Ridgeview Farms, LLC,for Change of Zone, PZ#1090,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for 24 residential lots and 9.7 acres of open space. At said hearing, at the request of the applicant, the Board deemed it advisable to continue the matter to March 29, 2006, when a full quorum of the Board would be present. On March 29, 2006, Bruce Barker, County Attorney, made this a matter of record, and advised the applicant's representative, Robb Casseday, Casseday Creative Designs, LLC, that he has the option of continuing this matter to a date when the full Board will be present. However,if he 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. Mr.Casseday indicated he 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 surrounding land uses. She stated '17 referral agencies reviewed the proposal, and 12 responded with comments that have been addressed in the Conditions of Approval. Ms. Lockman stated the City of Greeley recommended requiring curb, gutter,and sidewalks; however,the Planning Commission waived Greeley's request. She stated a petition of opposition was submitted at the Planning Commission hearing,and staff has received four individual letters of opposition and one letter of support. Responding to Commissioner Vaad, Ms.Lockman stated staffs'recommendation for denial was based on the application which exceeds nine lots outside of an Intergovernmental Agreement Area or Urban Growth Boundary. The Planning Commission, however, based its decision on the fact that the site is within Greeley's designated future growth area,although they did still waive Greeley's request for curb,gutter,and sidewalks. 2006-0628 PL1823 HEARING CERTIFICATION - RIDGEVIEW FARMS, LLC (PZ #1090) PAGE 2 Responding to CommissionerJerke,Ms.Lockman stated the lots are 1.75 acres,and the sites will be serviced by individual septic systems and the North Weld County Water District. Pam Smith, Department of Public Health and Environment, stated the minimum lot size is 1.75 acres, and the overall density will be one septic system per 1.26 acres. She stated the applicant is proposing estate lots with carriage houses,and the preliminary report indicates the sites will be suitable for conventional septic systems,although some engineered systems may be required. Ms. Smith stated Condition of Approval#6.8 requires primary and secondary septic envelopes,due to the size of the lots and setback requirements from the two ditches running along the northeast and west sides of the property. Responding to Chair Geile, Ms. Smith expressed concern regarding drainage to Seeley Lake;however,she stated there is a detention pond proposed for the southwest corner of the site to address 100-year flood conditions,a 100-foot setback from the ditches,and a 25-foot setback from the detention pond. She further stated the Monfort Company originally proposed the site for the development of 65 lots in 1978,in conjunction with some additional parcels to the south, and the Soil Report at that time indicated high groundwater, similar to the current report. She stated that development proposal was not completed,and the current proposal is for only 24 lots. Responding further to Chair Geile,Ms.Smith stated the applicant is proposing to install dual systems; however, they have not discussed a maintenance schedule, since there is no concern with the data as proposed. Peter Schei, Department of Public Works, stated the site will be accessed from Weld County Road 35,and the interior roads will be two 12-foot paved lanes. He stated the applicant is proposing a gated community, therefore, the Department of Public Works recommends the Homeowners' Association be responsible for road maintenance. Mr. Schei stated the applicant will be required to participate in the cost of constructing a left turn lane on Weld County Road 35 to access State Highway 392,as discussed with the Colorado Department of Transportation(CDOT). He further stated the detention pond will be located in the southwest corner of the site, it will release stormwater at the five-year historic rate, and the applicant is requesting to waive the requirement for curb, gutter, and sidewalk. Brad Keirnes, applicant, stated he owns 220 acres surrounding Seeley Lake,and is proposing to develop 66 acres as an amenity to the area. Mr. Casseday reviewed the surrounding land uses and displayed a PowerPoint presentation, marked Exhibit P, showing the configuration of twenty-four 1.75-acre lots,with an overall density of 2.5 acres. He reviewed the site plan,which includes septic and building envelopes,a single gated entry with bus/mail services,three cul-de-sacs,a vacant parcel on the south,and a detention pond. Mr.Casseday stated the site will be enhanced with landscaping, berms,and trails,and he provided a comparison between the proposed lot sizes and the lots in two surrounding developments,which do not have curb, gutter, or sidewalks. He reviewed the City of Greeley's engineered sewer locations, and stated the City has no specific time line for extending the system. He further stated since the site is within Greeley's Urban Growth Area,the City requested curb,gutter,and sidewalks and suggested smaller lots. Mr.Casseday stated the applicant is proposing upscale homes which will blend well with the existing homes in the area,and the trails and access to urban services will be an asset to the neighborhood. He stated the development will be gated at night for security,the trails are located outside the perimeter fence and landscaping to provide access to surrounding 2006-0628 PL1823 HEARING CERTIFICATION - RIDGEVIEW FARMS, LLC (PZ#1090) PAGE 3 residents, the roads will be maintained by the Homeowners' Association, and the berms and landscaping will help control noise and enhance views. He stated CDOT is requesting a 100-foot right-of-way reservation along State Highway 392, with additional landscaping. Mr. Casseday reviewed the favorable referral responses for the record,and stated a special lock will be placed on the gate to provide access for the Fire Protection District,and the applicant will pay the cash-in-lieu fee to the Eaton School District. He stated the request for curb,gutter,and sidewalks does not lend to the rural feel of the area,and he displayed photographs of gated communities within the City of Greeley that do not have curb, gutter, or sidewalks, which supports the applicant's request for a waiver. Mr. Casseday stated the proposal is in compliance with the criteria for approval included in Chapters 22 and 27 of the Weld County Code. He stated Weld County and the City of Greeley do not have an Intergovernmental Agreement, and although the site is within Greeley's 25-year projected growth area,it is not within the 5-yeargrowth plan at this time. He stated the applicant has completed agreements with the mineral leaseholders - Texas American Resources and Duke Energy,the Cache La Poudre Irrigation Company,and the Ogilvy Irrigation Company. He requested the Board approve the request for an Administrative Review of the Final Plan application. He further stated this development will be an asset to the area,and the proposal meets the intent of the Weld County Code. In response to Commissioner Vaad, Mr.Casseday reiterated the trail is outside the fence for public access, the applicant controls the rights to Seeley Lake, and although there is a recreational club, use of the lake is yet to be determined, and all site features are entirely on the subject site out of CDOT's right-of-way. Responding to Commissioner Jerke, Mr.Casseday stated the applicant has agreed to participate in the proportional share (29 percent) for off-site improvements. Mr.Schei stated Condition of Approval#7.B addresses the off-site improvements for Weld County Road 35, and stated no improvements are required for State Highway 392. In response to Chair Geile and Commissioner Jerke, Mr. Casseday stated the site is serviced by the North Weld County Water District for domestic and irrigation purposes, and there will be an additional tap which will be owned by the Homeowners' Association for irrigation of the public landscaping along the trails,etcetera. In response to Commissioner Masden, Mr.Casseday stated the drilling window on the west side of the Ogilvy Ditch will include two wells that will be directionally drilled, and the applicant will pay the directional drilling costs. Danny Hart,surrounding property owner,stated he is opposed to the proposal and he submitted a list of property owners in Pinnacle Park,marked Exhibit N. He expressed concern regarding existing traffic volumes on State Highway 392 and the frequency of traffic accidents,and stated the highway should be expanded to accommodate additional residential traffic. He stated the Eaton schools are overcrowded,and he does not support converting agricultural land to a residential gated community. Mr. Hart referred to letters from Steve Ross,Andy Burlison,and Angela Smith, marked Exhibits F, G,and H,expressing concern regarding limited market demand,loss of agricultural land and views, water shortages for drinking and irrigation,and danger along the 50 to 75-foot deep ditch west of the site. Mr. Hart stated the site slopes west to a ditch that feeds into Seeley Lake, which is a public recreational lake, and he submitted photographs of the ditch, marked Exhibit O. He stated the proposed septic systems are inadequate due to shallow groundwater,and it would be better to save the land for open space, since the applicant also owns land to the west which may likely be developed in the future. He further stated the proposed open space is behind the applicant's house and will not benefit the other residents. Responding to Commissioner Vaad, Mr. Hart stated the Pinnacle Park has larger lots, it is not a closed community, animals are allowed, and the Ogilvy Ditch is west of the subdivision. 2006-0628 PL1823 HEARING CERTIFICATION - RIDGEVIEW FARMS, LLC (PZ#1090) PAGE 4 James Kepler,surrounding property owner,stated he has lived in Sonny View Estates south of the subject site for 30 years. He stated the area consists of nice rural residential homes, they have a superior quality of life,and his neighbors take pride in maintaining their lots. He stated the proposed development appears to be an improvement for the area,the developer is an area resident who has a vested interest in producing a quality development, and the additional road work will be an enhancement for traffic in the area. Mr.Kepler stated,based on conversations with his neighbors, there is a high percentage of Sonny View residents who support the proposal. Kurt Overturf,surrounding property owner,stated he is surprised Health staff is not concerned with five-foot groundwater levels,and stated when the ditch on the east is filled for irrigation,the ditch on the west acts as a spillway and fills with surface and subsurface water,which may be impacted by shallow septic systems. He stated the proposed trail should connect with the existing trail systems in the area,and expressed concern with maintenance of the oil and gas drilling sites. He stated the Ogilvy Ditch is poorly maintained,which has resulted in a delta of sand forming at the entrance to Seeley Lake. Norma Erickson, surrounding property owner, expressed concern for the water quality in Seeley Lake,air quality,noise,and safety for traffic accessing State Highway 392. She stated groundwater also drains to Seeley Lake, which may be contaminated by septic systems, and she expressed concern regarding impacts to the wildlife. Ms. Erickson stated she has viewed approximately 100 types of birds and a rare rock squirrel along the ditch,and she questioned who will restore Seeley Lake if the water becomes polluted. Lisa Overturf, surrounding property owner,stated she enjoys her quality of life,which is improved by the views and wildlife in the area. She stated there are many large birds of prey which nest along the western canal,and although this appears to be a nice subdivision,she supports the preservation of more open space. There being no further comments, Chair Geile closed public testimony. Mr. Casseday stated he understands the concerns expressed by the public, and he submitted letters of support. The Board did not accept the letters as evidence,since they were not submitted as part of the applicant's presentation, which prevented the public from addressing them. Mr. Casseday stated they did send a notice of a neighborhood meeting;however,they did not get a very good attendance. He stated the applicant has agreed to construct a left hand turn lane as requested by CDOT, the plat will inform future residents regarding Weld County's Right to Farm Statement, and the owner of the nearby feedlot supports the proposal. He further stated the site is currently used for agriculture; however, it is difficult to farm since it is split by ditches. Mr. Casseday stated Terracon did the engineering and soils analysis included in the application materials, which is a trusted and reliable source. He stated the proposal will provide a trail that connects to the adjacent subdivisions, it will be accessible to the public and Pinnacle Park residents if they cross State Highway 392. He further stated there are plans to remove the silt from Seeley Lake and install a system which will prevent further soil deposits, and Mr. Keirnes will be clearing debris from the canal,which will be separated from the development by a buffer which will provide wildlife habitat. He stated since the original application,the County has enhanced its Code and the developer has access to better technology which will make the septic systems feasible at this location. He further stated the west canal will be separated from the site by a fence, and the walking trail will enter the north end of the development,along the deeper areas of the canal,to prevent pedestrian contact. 2006-0628 PL1823 HEARING CERTIFICATION - RIDGEVIEW FARMS, LLC (PZ#1090) PAGE 5 Responding to Commissioner Jerke, Ms. Smith stated based on the preliminary soil report, she believes the use of conventional or engineered septic systems will work,and each lot will go through site-specific engineering at the time of development. Responding further to CommissionerJerke, Mr. Casseday stated the site has been farmed in alfalfa and corn for the last several years,which required the application of fertilizers or chemicals. In response to Commissioner Vaad, Ms.Smith concurred that septic systems are intended to purify the water to an acceptable quality prior to releasing it into the groundwater. Commissioner Vaad commented a study has been conducted on State Highway 392 from I-25 to the Town of Barnsville,CDOT is aware of the traffic volumes and impacts in the area,and there are plans to improve that portion of roadway. Responding to Chair Geile, Mr. Casseday stated he and the applicant have reviewed and concur with the Conditions of Approval. Commissioner Vaad stated this is a reasonable application,the City of Greeley's plans anticipate this to be an urbanized area, and the concerns regarding the use of septic systems versus public sewer have been addressed through engineered designs. He further stated it appears to be a reasonable transition between two existing communities,and although many want to preserve lands for open space, that is not likely in this area. Commissioner Masden concurred with Commissioner Vaad, and stated this development will fill in the area between two existing subdivisions. He stated the proposal for estate lots is compatible with the area,environmental impacts have been addressed,and the septic system designs will be site-specific. He further stated open space comes at a price,and unless the land is purchased with that intention, the current owner has property rights to use his land as he feels is appropriate. Commissioner Jerke stated the development will be compatible with the area and serve as a transition between two existing subdivisions. He stated he appreciates the plan for public access to the trail system, and is satisfied that septic systems will be adequate if they are engineered to meet site-specific conditions. He further stated he concurs with the previous comments regarding the preservation of open space. Chair Geile commented State Highway 392 will be expanded,the Conditions of Approval address the requests of the referral agencies, and he feels a gated community will enhance the area. He stated there will be water taps which are adequate for maintaining the site,fencing will assist with safety along the large canal,the septic systems will be engineered for site-specific conditions,the development provides connectivity,and the applicant has committed to improve the Ogilvy Ditch, which will enhance its water delivery service and protect habitat. He further stated there are some issues,such as Covenants,which he would like to review,and he does not concur with granting an Administrative Review. Commissioner Vaad moved to approve the request of Ridgeview Farms,LLC,for Change of Zone, PZ#1090, from the A(Agricultural)Zone District to the PUD (Planned Unit Development)Zone District for 24 residential lots and 9.7 acres of open space, based on conformance with Sections 27-6-120.C.5.b through 27-6-120.C.5.h of the Weld County Code,with the Conditions of Approval as entered into the record, and the understanding that the Final Plan application will be heard by the Board of Commissioners. The motion was seconded by Commissioner Jerke, and it carried unanimously. Chair Geile encouraged the applicant to meet with the area residents prior 2006-0628 PL1823 HEARING CERTIFICATION - RIDGEVIEW FARMS, LLC (PZ#1090) PAGE 6 to the Final Plan hearing,which will allow them an opportunityto address some of the concerns prior to the final review. There being no further discussion, the hearing was completed at 12:05 p.m. This Certification was approved on the 3rd day of April 2006. 4 APPROVED: : BARD OF •LINTY COMMISSIONERS ELD CO �TY, COLORADO ATTEST: / ti. �' . . . eile, Weld County Clerk to the Boar` s 1/ EXCUSED ti1,Gx Yc c-1 k Ecd David E. Long, Pro-Tem BY: c r D uty Clerk to the Board " I irk.- WH. Jetke TAPE #2006-13 Robert asde DOCKET#2006-13O_Q� Glenn Vaad 2006-0628 PL1823 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1090 - RIDGEVIEW FARMS, 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 02/07/2006) • D. Clerk to the Board Notice of Hearing E. Bob Roehrich and Jim Kepler Letter of Support, dated 02/24/2006 F. Steve Ross Letter of Opposition, dated 02/27/2006 G. Andrew and Sylvia Burlison Letter of Concern, dated 02/28/2006 H. Angela and Trent Smith Letter of Opposition, dated 02/28/2006 Planning Staff Applicants Response to Conditions, received 03/03/2006 J. Bill and Lois Pringle E-mail of Opposition and response, dated 03/07/2006 K. Planning Staff Certification and Photo of sign posting L. Applicant Oversized Poster Board with Map of Site (returned to applicant since included in copy of PowerPoint Presentation - see Exhibit P, page 6 M. Applicant Oversized Poster Board with Sketch pictures (returned to applicant since included in copy of PowerPoint Presentation - see Exhibit P, pages 13-15) N. Dan Hart List of property owners in Pinnacle Park O. Dan Hart Photographs of ditch P. Applicant Copy of PowerPoint Presentation Q. R. 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