HomeMy WebLinkAbout20060603.tiff HEARING CERTIFICATION
DOCKET NO. 2006-09
RE: CHANGE OF ZONE, PZ#1095, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES - SONJA CRAIGHEAD, FKA
SONJA STONESTREET
A public hearing was conducted on February 15, 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 January 20, 2006, and duly published January 25,
2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Sonja
Craighead,fka Sonja Stonestreet, for Change of Zone, PZ#1095,from the A(Agricultural)Zone
District to the PUD (Planned Unit Development) Zone District for nine (9) residential lots with
E (Estate) Zone uses. Lee Morrison, Assistant County Attorney, made this a matter of record.
Chair Geile advised the applicant's attorney, Jim Martell,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. Martell indicated he would like to proceed today.
Sheri Lockman, 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 location of the site and surrounding land uses. Ms. Lockman stated
staff received no correspondence from surrounding property owners, 15 referral agencies reviewed
this proposal,and 14 responded favorably or provided comments that have been addressed in the
Conditions of Approval and Development Standards. She stated the Planning Commission
recommended denial,since the proposal does not meet the 15 percent open space requirement,
and the concurrent submittal of applications for a Recorded Exemption and Planned Unit
Development which,if approved,will result in the creation of an additional lot. Ms.Lockman stated
this area of Weld County has experienced significant growth,and seven similar applications have
been reviewed in this area since 2004,three of which are still pending with the County. She stated
the location of the site meets the requirement of an urban development and should be required to
meet the 15 percent open space component. She stated the applicant is proposing three outlots
consisting of 1.979 acres for the stormwater retention pond,0.757 acres adjacent to the Cactus Hill
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HEARING CERTIFICATION - SONJA CRAIGHEAD, FKA SONJA STONESTREET (PZ#1095)
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Lateral Ditch, and 0.014 acres to contain the development sign. She stated the outlots will not
provide the residents with recreational benefits, and the applicant is proposing to locate
landscaping, a bus shelter, and cluster mail box in the road right-of-way or on Lot 1. She stated
Planning Services staff has consistently interpreted the use of a Recorded Exemption, in
conjunction with a nine(9)lot subdivision,to be urban scale development; however,this property
is not located within any defined urban areas. She further stated, in accordance with
Section 24-8-40.K.2,these applications would not have been considered an evasion if the applicant
would have separated the submittals by one calendar year. Ms. Lockman submitted a packet,
marked Exhibit G, which included the Articles of Incorporation, Bylaws, Covenants, and
Homeowners'Association policies for the Waterford Hill development;however,she stated she was
provided with the packet prior to the hearing and has not had time to review the information. She
stated the Conditions prior to scheduling have been changed to requirements prior to recording the
plat, which deal with the 15 percent open space requirement, requiring an Agreement with the
mineral owners or showing the appropriate drilling envelopes,and entering into an agreement with
the North Poudre Irrigation Company. Ms. Lockman stated a representative for the mineral owner
is in attendance and has indicated he will sign the agreement today. She further stated the applicant
has submitted an easement to North Poudre Irrigation Company;however,staff is concerned with
whether there has been an adequate review by the referral agency. In response to Chair Geile,Ms.
Lockman stated the Recorded Exemption split the entire parcel into two lots,and the proposed PUD
divides Lot A of the Recorded Exemption into nine additional lots,for a total often. Responding to
Commissioner Vaad,Ms. Lockman stated the application indicates the average lot size will be 2.5
acres,with a minimum lot size of 1.0 acres. In response to Commissioner Masden, Ms. Lockman
stated the overall property was 102 acres,and the PUD will be located on 29.79 acres. Responding
to Commissioner Jerke, Ms. Lockman stated Lot B of the Recorded Exemption will remain
agricultural, with restrictions to address the evasion issue. Responding to Chair Geile, Ms.
Lockman stated there is a residence in the southeast corner of the site, which is located on Lot A
of an old Recorded Exemption.
Pam Smith, Department of Public Health and Environment, stated the preliminary Soil Report
indicates most of the lots will be adequate for conventional septic systems; however, her review
was based on 2.5-acre lots. Ms.Smith expressed concern with comments made by Ms. Lockman
that indicated the applicant is requesting a waiver to allow one-acre lots,which was not addressed
in her comments. She stated it may not be a problem, since animals will not be allowed and the
soils are suitable for conventional septic systems. In response to Chair Geile,Ms.Lockman clarified
the lot sizes will be approximately 2.5 acres, as indicated in the application materials. Ms. Smith
stated Condition of Approval#2.A references the one(1)acre minimum,and she recommended that
be changed back to 2.5 acres as reflected in the application.
Peter Schei, Department of Public Works, stated the site will be accessed from Weld County
Road 15 on the east, which is a paved road. He stated the internal roadway will consist of two
12-foot paved lanes,which will be maintained by the Homeowners'Association,since this will be
a gated community. Mr.Schei referred to Condition of Approval#1.G,and questioned whether the
restricted construction season will impact the development of the site. Responding to
Commissioner Masden, Mr. Schei stated the bus stop shown on the proposed entrance detail
indicates a turn around area outside of the gate,and the applicant needs to ensure there is adequate
room for staging of vehicles. Ms. Lockman stated staff would prefer the entrance amenities be
moved out of the road right-of-way and into an outlot.
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Mr. Martell stated the applicant plans to have 2.5-acre minimum lot sizes;however,the lots may be
slightly less than 2.5 acres once the entrance and cul-de-sac is redesigned. He stated the lots may
be reduced to 2.4 or 2.3 acres in order to create enough area to meet the 15 percent open space
requirement. He further stated the applicant's family has owned the property since 1917, and a
Recorded Exemption was completed five years ago to create the lot and house located in the
southeast corner of the property. He stated the applicant selected Mary Barstow with The Land
Exchange,to develop this site,since she liked his development of Belmont Farms,as shown in the
packet, marked Exhibit H. Mr. Martell referred to the Covenants,which are not required until the
Final Plan submittal,which verify the Homeowners'Association does exist,and the applicant has
addressed the issues raised by the Fire Protection District and the North Poudre Irrigation
Company. He stated the Covenants also include Weld County's Right to Farm Statement, and
address various restrictions on the style of homes which will be allowed. He further stated the
internal road will be paved and maintained by the Homeowners'Association, livestock will not be
permitted,this will be a gated community,and the development sign,bus stop,and entrance island
will be relocated out of the road right-of-way. He referred to Condition of Approval #5, and
questioned why the entrance island needs to be 100 feet back from the center of the County road.
He stated the front end of island will be setback 88 feet,and the entrance gate will be more than 200
feet from the center of the road. He referred to Section 24-8-40.K.2 of the Weld County Code,and
stated although property has not been conveyed, staff is concerned the applicant may convey
property during the next year. Mr. Martell submitted a packet, marked Exhibit I, with documents
which indicate the applicant cannot conveyor build on the 70-acre parcel fora minimum of one year.
He stated there is a lease to farm the parcel for one year, and the applicant has also rented the
water necessary to farm for the next year. He further stated the Covenants are also enforceable
by Weld County to restrict any sale or construction within the next year. (Changed to
Tape#2006-07) Mr.Martell stated,with the submitted documents,the applicant has shown that she
did not intend to evade the Subdivision regulations,and the farm lease ensures that agriculture and
the associated water will be maintained for at least one year. He further stated,since there will be
no livestock,each lot will have adequate room for recreational activities,and the intent of a PUD is
to allow flexibility,usefulness,and innovation on properties. Regarding Condition of Approval#1.G,
Mr. Martell stated the applicant can install infrastructure from August 15 through April 1; however,
prohibiting home construction during the summer months would be a problem. He stated the
applicant does intend to have a sign in the entrance island,which may not meet the ten-foot setback
requirement in Condition of Approval#1.A.8. He requested Condition#1.B,regarding the 15 percent
open space requirement, be deleted, and stated Condition#1.C has been completed and can be
deleted. He further stated although the easement and Covenants address the issues,the applicant
is willing to provide a letter from the North Poudre Irrigation Company indicating its concerns have
been addressed. Mr.Martell stated,with the exception of Condition#1.A.5 regarding the placement
of the entrance island, the applicant concurs with the remaining Conditions as discussed. In
response to Commissioner Masden,Mr. Martell stated the expanded cul-de-sac,as required by the
Department of Public Works, results in reducing some of the lots to less than 2.5 acres, and the
Covenants also address the requests of the Fire Department. Responding further to Commissioner
Masden, Mr. Schei stated the Department of Public Works defers to Fire Protection Districts
regarding the need for emergency accesses,and in this case,the District indicated no conflict with
the single access. Mr. Martell added the minimum building size will be 2,200 square feet, with
specific building criteria being addressed in the Covenants. In response to Chair Geile,Mr.Martell
stated the lots will be serviced by public water,and although the applicant does have water rights
in the adjacent North Poudre Ditch, she is not intending to provide shares to the Homeowners'
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Association. He stated the landscaping will be drought tolerant, and the Covenants state the
Homeowners'Association will be responsible for road maintenance, or it will be enforced by the
County.
Mark Strafach,attorney for Anadarko,stated on December28,2005,they filed an objection letter;
however,since that time they have entered into Surface Use Agreement with the applicant and the
objection is formally withdrawn.
Mike Kettering, KBN Engineers, stated he recently moved into a five-lot subdivision, with five
one-acre lots and two acres of open space. He stated the residents do not know what to do with
the open space, and it would have been.more beneficial for the homeowners if the area had been
disbursed among the lots.
In response to Chair Geile,Mr.Schei stated Condition of Approval#1.A.5 is a standard requirement
fora 100-foot perpendicular staging distance and,in this case,the island needs to be pushed back
into the property. Ms. Lockman stated she is agreeable to deleting Condition of Approval#1.A.8;
however,Condition#1.B regarding the open space requirement must be determined by the Board.
She also requested Condition of Approval#1.C remain until a copy of the finalized agreement with
the mineral owner is provided to staff. Ms. Lockman stated she discussed the lot size exception
with the applicant,and depending on whether the open space requirement is enforced,the lot sizes
may go slightly under 2.5 acres, in which case Condition of Approval#2.A should be modified to
delete the phrase,"which shall be one(1)acre"and replace it with,"and the setback requirements
for the development sign within the median." She further stated the second sentence of Condition
of Approval#2.Twill need to be modified to add the phrase,"except for the setbacks for the entrance
sign in the median," and Condition of Approval #6.8 has been completed and can be deleted.
Following discussion,the Board agreed to delete Condition of Approval#1.G to allow construction
activities all year. Responding to Mr.Martell, Mr.Schei stated the 100-foot setback is necessary for
safety purposes. In response to Chair Geile, Mr. Martell stated he concurs with the modifications.
Mr. Morrison stated there is case law where the public right-of-way within a gated community may
result in future conflicts. Commissioner Masden proposed changing the public right-of-way to
private right-of-way;however, Mr.Morrison stated if this were privately owned and maintained,the
provision in the Covenant regarding enforcement by the County would not be appropriate. He further
stated the issue can be addressed further at Final Plan. Mr. Martell stated the applicant would be
agreeable to designating the internal road as a private road,as is the case in Belmont Farms. Ms.
Lockman recommended an Administrative Review of the Final Plan. Commissioner Jerke stated
due to the previous controversy and variances in the case, it may be more appropriate to bring the
Final Plan before the Board. Commissioner Masden concurred. Commissioner Vaad stated the
testimony regarding the recent Recorded Exemption gives him reasonable assurance that this was
not an attempt to evade the Subdivision regulations,there is an agreement with Anadarko,and he
agrees with not requiring the open space in a rural development with 2.5-acre lots.
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HEARING CERTIFICATION - SONJA CRAIGHEAD, FKA SONJA STONESTREET (PZ #1095)
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Commissioner Vaad moved to approve the request of Sonja Craighead,fka Sonja Stonestreet,for
Change of Zone, PZ #1095, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for nine (9) residential lots with E (Estate) Zone uses, with the
Conditions of Approval as entered into the record. His motion included deleting Condition#1.A.8,
#1.B,#1.G,and#6.8, modifying Condition#2.A to delete the phrase"which shall be one(1)acre"
and replace it with,"and the setback requirements for the development sign within the median,"and
modifying the second sentence of Condition of Approval#2.T to add the phrase, "except for the
setbacks for the entrance sign in the median." The motion was seconded by Commissioner Jerke,
who stated it seems appropriate to waive the open space requirement due to the size of the lots in
a rural area,and he supports the application. Chair Geile stated contrary to the recommendation
of the Planning Commission, the Board finds the application is consistent with
Sections 27-6-120.D.5.a through 27-6-120.D.5.h. There being no further discussion, the motion
carried unanimously and the hearing was completed at 11:40 a.m.
This Certification was approved on the 22ndday of February 2006.
APPROVED:
ARD OF COUNTY COMMISSIONERS
+' LD C• 6NTY, COLORADO
ATTEST: geki
l 'l, , 1 ►"%1 ri
. Geile, Chair
Weld ounty Clerk to the Boa �'/
EXCUSED
David E. Long, Pro-Tem
BY: 6tiG 1 ll�G( � Ct' _
De ty Cle to the Board 1
Wi .am H. Jerke
TAPE #2006-06 and #2006-07
Robert
�. Mas en
DOCKET#2006-09 /
Glenn Vaad
2006-0603
PL1821
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1095- SONJA CRAIGHEAD, FKA SONJA STONESTREET
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 01/03/2006)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter requesting to proceed, dated
01/12/2006
F. Planning Staff Certification and Photo of sign posting
G. Planning Staff Packet from Applicant re: Articles of
Incorporation, Bylaws, Covenants, and
Homeowners' Association policies
H. Planning Staff Packet from Applicant re: Belmont Farms
Applicant Letters dated 2/7/2006 and 2/8/2006 re:
Agreement for Mineral Rights, Restrictive
Covenants, Grant of Easement, Farm
Lease Agreement, and Surface Use
Agreement
J. Applicant Final Landscape Plan, revised 09/19/2005
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