HomeMy WebLinkAbout20020506.tiff HEARING CERTIFICATION
DOCKET NO. 2002-11
RE: CHANGE OF ZONE #567 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO E
(ESTATE) ZONE DISTRICT FOR FIVE (5) RESIDENTIAL LOTS AND 20.7 ACRES OF
OPEN SPACE - PETER HYLAND
A public hearing was conducted on February 27, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 1, 2002, and duly published February 6,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Peter Hyland for Change of Zone #567 from the A (Agricultural) Zone District to the E (Estate)
Zone District for five (5) residential lots and 20.7 acres of open space. Lee Morrison, Assistant
County Attorney, made this a matter of record. Kim Ogle, 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. Mr. Ogle gave a brief description of the location
of the site, which consists of non-irrigated land with no improvements. He stated the Eaton Canal
crosses the property, water will be provided by the North Weld County Water District, and the
future lots would be serviced by Individual Sewage Disposal Systems. He further stated there is
adequate access and he submitted a faxed copy of the Ditch Operation and Maintenance Access
Agreement, marked Exhibit F. He stated submittal of this agreement addresses Condition #1.E,
so it can be deleted. Responding to Commissioner Geile, Mr. Ogle stated Dow Law Firm, LLC,
represents the Larimer and Weld Irrigation Company,which maintains the Eaton Canal. He further
stated Condition #4.H stipulates the Homeowners' Association will maintain the roads. Drew
Scheltinga, Department of Public Works, stated the applicant has submitted a signed and certified
copy of the Drainage Report, so Condition of Approval #1.C can be deleted.
Peter Hyland, stated there are three partners in this project, two of which will be purchasing lots
and moving to the site. Mr. Hyland stated they are anxious to proceed with this project, which has
been going well.
Everitt Schlotthauer, surrounding property owner, expressed concern with this development
effecting future development options on his property. He reviewed the definition of Urban-Scale
Development and explained because he owns land adjacent to the proposed development, he is
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HEARING CERTIFICATION - PETER HYLAND (COZ #567)
PAGE 2
concerned the combined amounts will result in classifying any further development as urban-scale.
Mr. Ogle stated the proposals will be reviewed on a case-by-case basis, and if Mr. Schlotthauer
proposes more than nine lots it will be considered urban-scale, so it depends on what Mr.
Schlotthauer proposes in the future, and it will not be related to this development. He further stated
because the property is adjacent to this development, Mr. Schlotthauer would be required to apply
for a Planned Unit Development, rather than a Minor Subdivision. Mr. Schlotthauer stated he would
like to develop his land once he retires because it is not large enough for his children to continue
farming.
Jack Winter,surrounding property owner to the south,stated he owns a private ditch which crosses
the applicant's property and he wants to ensure that future development does not infringe on his
water rights, or affect the right-of-way or proper maintenance of the ditch. Commissioner Geile
commented the applicant has entered into an agreement with the Larimer and Weld Irrigation
Company, which controls the Eaton Canal, so protection of the ditch has been addressed. Mr.
Winter clarified he has a private ditch extending from the main ditch that also needs to be
considered. Responding to Commissioner Jerke, Mr. Winter stated he is unsure how his ditch is
recorded or if there is an easement. Commissioner Jerke stated it would be helpful to know
whether there is adequate documentation of the ditch to ensure that the future property owners are
aware of its existence. Responding to Commissioner Geile, Mr.Winter stated the ditch has existed
for more than 20 years and he wants to ensure he does not have to fight this issue following final
approval of this development. Mr. Ogle stated the ditch being discussed crosses Tract A of the
proposed development, which is a non-buildable parcel. He further stated if the ditch has been
recorded, it should be indicated on Mr. Winter's deed regarding water rights to his property.
Charles Koehler, surrounding property owner to the south, stated he has no complaints with this
particular development,with the exception of traffic and dust,which may be generated. He stated
the traffic on Weld County Road 21 often travels faster than the speed limit, which creates
excessive dust at his residence. He stated dust suppressant is not always adequate, and he
questioned whether Weld County Road 21 will be paved. Mr. Scheltinga stated Weld County
Road 21 is not on the Five-Year Plan for paving; however, the recent development in the area is
increasing the trip generation count per day. He stated the Department of Public Works is not
requiring roadway improvements for this proposal; however,the trip generation is approaching 200
vehicles per day. There being no further comments, Chair Vaad closed public testimony.
Mr. Hyland acknowledged the ditch discussed by Mr. Winter has existed for many years and it
crosses a non-buildable lot. He stated that area will be used to graze cattle which will require
fencing and gates. Responding to Commissioner Jerke, Mr. Hyland stated there are several other
laterals that come down into the property, some of which have recorded easements. He further
stated he would agree to grant easements for each of the apparent ditches if necessary; however,
he feels because the ditches have existed for a long period of time, the easements are implied.
He indicated he is willing to allow as much access as needed; however, he is uncertain whether
a formal document would be necessary. Mr. Morrison stated the apparent ditches are in place and
have been delivering water, which has constitutional status in Colorado. However, it may be better
to clarify the existence and rights of the ditches for the benefit of future residents to prevent any
future conflicts. Mr. Ogle stated presently the plat only shows the easement for the Eaton Canal,
the small laterals are not indicated. He suggested the Board add a condition requiring the applicant
to show each of the laterals on the plat. Mr. Morrison stated that would be adequate and easily
recognizable for future purchasers rather than individually recorded easements. Responding to
Commissioner Jerke, Mr. Morrison stated Title Insurance shows recorded documents, as well as
2002-0506
PL1584
HEARING CERTIFICATION - PETER HYLAND (COZ#567)
PAGE 3
anything shown on the plat, such as utility easements which are not separately recorded.
Chair Vaad suggested adding a condition requiring the applicant to indicate all current ditch laterals
prior to recording the plat. Mr. Ogle proposed that matter be added as a new Condition of Approval
#2.C to state,"The location of all ditch laterals, public and private." Responding to Chair Vaad, Mr.
Hyland stated he has reveiwed and agrees with the Conditions of Approval as presented and
amended.
Commissioner Geile commented the addition of Condition #2.C will address the concerns of any
party who has interest in the primary ditch or its laterals. He further stated he is satisfied that if the
road trip generation approaches 200 vehicles per day, it will be reviewed in accordance with the
County's new dust policy. Commissioner Geile moved to approve the request of Peter Hyland for
Change of Zone#567 from the A(Agricultural)Zone District to the E (Estate)Zone District for five
(5) residential lots and 20.7 acres of open space, based on the recommendations of the Planning
staff and the Planning Commission,with the Conditions of Approval as entered into the record. His
motion also included deleting Conditions#1.C and #1.E and adding Condition#2.C to state, "The
location of all ditch laterals, public and private." The motion was seconded by Commissioner Long,
and it carried unanimously.
There being no further discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 4th day of March 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
La
WE COUNTY, COLOSADO
ATTEST:
Chair(
Weld County Clerk to j s �
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�I David. Lo. , Pro-Tem
BY: ,te •
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Deputy Clerk to the Boa'.�S��
7eile
TAPE #2002-09 t l✓/
William H. Jerke
DOCKET #2002-11 EXCUSED DATE OF APPROVAL
Robert D. Masden
2002-0506
PL1584
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#567 - PETER HYLAND
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 01/15/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
F. Planning Staff Ditch Operation and Maintenance Access
Agreement
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