HomeMy WebLinkAbout20021052.tiff HEARING CERTIFICATION
DOCKET NO. 2002-29
RE: CHANGE OF ZONE FROM#570 THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR EIGHT(8)RESIDENTIAL LOTS
WITH E (ESTATE) USES, ONE 54.4-ACRE OUTLOT, AND 12 ACRES OF COMMON
OPEN SPACE - OLSON BROS., LLC
A public hearing was conducted on April 24, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tern
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, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated March 29, 2002, and duly published April 3, 2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Olson Bros., LLC, for Change of Zone#570 from the A(Agricultural)Zone
District to the PUD (Planned Unit Development) Zone District for eight (8) residential lots with
E (Estate) uses, one 54.4-acre outlot, and 12 acres of common open space. Lee Morrison,
Assistant County Attorney, made this a matter of record. Chris Gathman, 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. Gathman gave a brief description of
the location of the site, and stated eleven referral agencies responded in favor of the proposal, or
suggested conditions, which have been addressed by the Conditions of Approval or Development
Standards. He stated the Planning Commission recommends approval of the request based on
the reasons cited in the Resolution of Recommendation, which he reviewed for the record. Mr.
Gathman stated the lots will vary in size from 1.5 to 1.7 acres, and will be serviced by public water.
He stated the Department of Planning Services recommends approval of the original design,which
locates Dove Court further to the north to create a shared access with Lot 9. However, the
Planning Commission approved the redesign as proposed by the applicant. He stated there is a
ditch on the south side of Lots 1 through 3, and the Planning Commission determined that moving
Dove Court to the north would result in septic systems having to be placed in the front yards rather
than back yards. Mr. Gathman reviewed the road improvement requirements and gas well
envelopes, and stated the applicant owns all of the oil and gas interest for this property. He stated
he received a letter from Delbert and Kristine Kirby, dated January 31, 2002, expressing concern
regarding dust on Weld County Road 15, the impact of septic systems on the high groundwater
table and surrounding wells, and management of noxious weeds. He stated these concerns have
been addressed in the Conditions of Approval and Development Standards, and add the applicant
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HEARING CERTIFICATION - OLSON BROS., LLC (COZ#570)
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has requested the final plan be administratively reviewed; however,due to the difference of opinion
on the design layout, staff recommends the matter come back before the Board for a final
determination.
In response to Commissioner Geile, Mr. Gathman stated the design changes were heard by the
Planning Commission; however,they approved the design proposed by the applicant. Responding
further to Commissioner Geile, Pam Smith, Department of Public Health and Environment, stated
perk tests were done and the preliminary report indicated high perk rates due to the clay soil. She
explained due to the high perk rates and small lot sizes, the lots will likely require engineered septic
systems. She further stated the relocation of Dove Court was discussed between the Sketch Plan
and Change of Zone due to the location of the ditch; however, it would require the septic systems
to be located in the front yard, which caused concern that standard landscaping may cause the
septic systems to fail prematurely. In response to Commissioner Geile, Drew Scheltinga stated the
internal roads will be paved, and he reviewed the traffic counts for Weld County Roads 42 and 15.
He stated the applicant has agreed to contribute $1,600 at the closing of each lot to pay for dust
abatement for a distance of one-quarter mile on either side of both accesses. Responding further
to Commissioner Geile, Mr. Scheltinga stated the contributions will total$14,400,which represents
13 percent of the cost to pave the off-site roads. Responding to Commissioner Jerke, Mr.
Scheltinga stated as part of the dust abatement, the applicant will place six-inches of stabilized
base, which would provide strength to a future paving project.
Todd Hodges, Todd Hodges Design, LLC, represented the applicant and reviewed the proposal
as presented by staff. Mr. Hodges stated the redesign was reviewed and approved by the Planning
Commission, with the exception of the deletion of the southwest building envelope, which the
applicant agreed to,while keeping the northeast building envelope. He explained there are existing
improvements on the northeast corner, which are not under the pivot, and he displayed a photo of
the structures. Mr. Hodges stated there will be 11.8 acres of open space, owned and maintained
by the Homeowners' Association, with the use unspecified at this time. He further stated access
does exist to the existing shed, and the referral agencies have reviewed the redesign. He stated
although the Department of Planning Services prefers the original layout design, the location of
Dove Court would have required septic systems that encroached on the agricultural outlot.
Responding to Chair Vaad, Mr. Hodges clarified Weld County Road 42 curves and borders two
sides of the parcel.
Tom Finley,Church and Associates,stated he reviewed the design prior to knowledge of a 100-foot
ditch setback requirement. He stated due to the slow perk rates the septic systems will need to
be large and the original design would have forced the developer to locate the septic systems in
the front yards of the homes. He stated the redesign allows the applicant to move the houses
south, while remaining out of the setback, and locate the septic systems in the back yards. Mr.
Finley stated because of the slow perk rates, the septic systems will need to be evaporative, and
are not suited for front yards, which are watered regularly to maintain landscaping.
In response to Commissioner Geile, Mr. Hodges stated the ditch is a private tailwater ditch, and
he is not aware of any setback requirements between septic system envelopes and irrigation
ditches. He stated the homeowners will maintain their own individual septic systems, and the
Homeowners' Association will be responsible for the roads. Mr. Hodges stated this is an urban
2002-1052
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HEARING CERTIFICATION - OLSON BROS., LLC (COZ#570)
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area surrounded by the Towns of Milliken, Johnstown, and Berthoud. He stated the proposal
meets the intent of the proposed and existing uses, and he requested the proposal be approved
with the current layout as approved by the Planning Commission, with an administrative review at
final plan.
No public testimony was offered concerning this matter. In response to Chair Vaad, Mr. Hodges
requested Condition of Approval#2.A.3 be deleted because the open space is so easily accessible
from each of the lots by walking down Dove Court or Willow Lane. Commissioner Jerke moved to
delete Condition#2.A.3 and renumber as appropriate. Commissioner Long seconded the motion,
which carried unanimously.
In response to Commissioner Geile, Mr. Hodges stated he requested these changes at the
Planning Commission hearing; however, his requests were not granted. He asked that Condition
#2.C be deleted because there will be no trail system and there is direct access from the
designated roadways. He further stated livestock in the open space will be addressed in the
Covenants at the Final Plan. Mr. Gathman stated these Conditions were added by staff in an effort
to receive clarification because these issues were not addressed in the application materials.
Commissioner Geile moved to delete Condition#2.C and renumber as appropriate. Commissioner
Jerke seconded the motion, which carried unanimously.
Lastly, Mr. Hodges requested Condition #5.G be deleted because the applicant has submitted a
Landscape Plan and Condition#5.K requires the applicant to submit a modified Plan as part of final
submittal. Commissioner Long moved to delete Condition #5.G and renumber as appropriate.
Commissioner Geile seconded the motion,which carried unanimously. In response to Chair Vaad,
Mr. Hodges stated he and the applicant have reviewed and agree with all of the remaining
Conditions of Approval and Development Standards.
Commissioner Geile moved to approve the request of Olson Bros., LLC,for Change of Zone#570
from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for
eight(8) residential lots with E (Estate) uses, one 54.4-acre outlot, and 12 acres of common open
space, based on the recommendations of the Planning staff and the Planning Commission, with
the Conditions of Approval as entered into the record,and the deletions as previously approved by
the Board. The motion was seconded by Commissioner Masden. The motion was withdrawn to
permit futher discussion regarding whether to allow administrative review. Mr. Morrison stated if
the Board is comfortable with the setbacks and redesign as discussed, then administrative review
would be appropriate because staff has received adequate direction. He stated this case could still
come back before the Board if staff determines the final plan is not consistent with the Change of
Zone application. Commissioner Geile moved to approve Change of Zone#570 with the deletions
as voted upon earlier and add Condition of Approval #8 to state, "The final plan shall be
administratively reviewed by the Department of Planning Services." Commissioner Masden
seconded the motion, which carried unanimously. There being no further discussion, the hearing
was completed at 12:05 p.m.
2002-1052
PL1595
HEARING CERTIFICATION - OLSON BROS., LLC (COZ#570)
PAGE 4
This Certification was approved on the 29th day of April 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
,� A WEL COUNTY COL RADO
AFL ATTEST: - _/,4 /� O R
,6 GI Vaad, hair
Weld County Clerk to t B•
t� `G40 David . Lo ., Pro-Ter I
BY: Ca_
Deputy Clerk to the i
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TAPE #2002-15 "C /T ��-�
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Robert D. Masden
2002-1052
PL1595
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#570 - OLSON BROS., LLC
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 04/02/2002)
D. Clerk to the Board Notice of Hearing
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