HomeMy WebLinkAbout20021821.tiff HEARING CERTIFICATION
DOCKET NO. 2002-41
RE: CHANGE OF ZONE#602 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT) FOR 618 LOTS WITH R-1, R-2, R-3, AND R-4
(RESIDENTIAL) ZONE USES, 31 LOTS WITH C-1, C-2, AND I-1 (COMMERCIAL AND
INDUSTRIAL)ZONE USES, AND 239 ACRES OF COMMON OPEN SPACE, INCLUDING
A COMMUNITY CLUBHOUSE - MIKE SIEGRIST
A public hearing was conducted on June 26, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair - EXCUSED
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, 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 May 31, 2002, and duly published June 5, 2002, in
the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Mike Siegrist for Change of Zone #602 from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) for 618 lots with R-1, R-2, R-3, and R-4
(Residential)Zone uses, 31 lots with C-1, C-2, and I-1 (Commercial and Industrial)Zone uses,and
239 acres of common open space, including a community clubhouse. Lee Morrison, Assistant
County Attorney, made this a matter of record. Chair Pro-Tem Long advised Vern Nelson,
applicant's representative,that the applicant has the option of continuing this matter to a date when
the full board will be present. However, if they decide to proceed today, it will require three
affirmative votes, or in the case of a tie vote, Commissioner Vaad will listen to the record and make
the determining vote. Mr. Nelson indicated he would like to proceed today.
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 and the surrounding uses. He stated the
property was formerly part of a mining operation, and is now under reclamation in preparation for
the proposed development. He stated four building types are proposed, with the open space
consisting of the areas in the flood plain, two lakes, and four miles of trails. Mr. Ogle stated the
Little Thompson Water District will serve the development, a line agreement will provide additional
improvements and service ability, and the St. Vrain Sanitation District will provide sanitary sewer.
He stated the site will be accessed from the 1-25 Frontage Road, which will be realigned with the
future placement of Weld County Road 9.5. He stated they will construct the first segment serving
this site, with the second segment to be built in the future south of State Highway 66. The site will
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also be accessed from Weld County Road 28. Mr. Ogle stated the roads within the development
will be maintained by the County, with the exception of the clubhouse parking area, access drives,
and internal roads in the townhouse area. He stated the applicant has been working with Kerr-
McGee/HS Resources, which currently holds the oil and gas fueling rights, to design the access
for future drilling pads. He further stated RME Petroleum Land Company owns the coal underlying
the project; however, RME has indicated they do not have any objections to this proposal. Mr. Ogle
stated the southern portion of the site is currently in the flood plain; however, the applicant
submitted a Conditional Letter of Map Revision, and will be granted a map revision following
completion of site grading. He further stated a landscape buffer is proposed between the Interstate
and the development, and along the streets and open space. Mr. Ogle stated 23 referral agencies
reviewed this proposal, 13 responded with comments which have been addressed in the Conditions
of Approval, and no comments have been received from the surrounding property owners. He
stated this is the second application for this site. The first application for Change of Zone#528 was
denied in 2000 due to incompatibility with the surrounding area, no evidence of adequacy of water
and sewer, no infrastructure, traffic issues, and response time for the Sheriff's Office. Mr. Ogle
stated the applicant has been working to address all of these issues, and staffs feels the applicant
has met or exceeds all of the previous issues of concern. He further stated the applicant is
requesting an administrative review of the Final Plan, and staff concurs with this request.
In response to Commissioner Geile, Mr. Ogle clarified the applicant has requested a Conditional
Letter of Map Revision from FEMA because grading at the site will remove a portion of the property
from the flood plain. He stated the St. Vrain Valley School District responded indicating concerns;
however, if approved, the District stated it would prefer cash-in-lieu of land based on development
fees per lot. He explained the St. Vrain Valley School Board is considering implementing a
Mitigation Fee in the future; however, a specific fee schedule has not been approved. He stated
Condition of Approval#4.M was added at the Planning Commission hearing requiring the applicant
to submit evidence of an agreement with the School District regarding the voluntary mitigation of
capital improvements and/or cash-in-lieu of land. Commissioner Geile expressed concern with
requiring a voluntary mitigation agreement with the School District because they may never
implement the Mitigation fee schedule. (Switched to Tape#2002-21)Responding to Commissioner
Geile, Mr. Ogle stated the Homeowners' Association will apply to the entire subdivision, and the
Development Covenants will address maintenance of open space, snow removal, etc. He further
stated the lakes will be used for recreational purposes, allowing for motorized and non-motorized
craft. Responding further to Commissioner Geile, Mr. Ogle stated the Metropolitan District is still
in the process of being formed. Mr. Morrison added the Metropolitan District is going to be a
mechanism for financing the improvements within the development. He stated any improvements
connecting with public roads will be separate from the transportation fee assessed by the County.
He further stated the developer does have the option to appeal if he wants to argue that some of
the improvements they are making should go toward the capacity building and they should be
entitled to some credit toward their road impact fees. He further stated a Metropolitan District is
not typically a substitute for the impact fees.
Commissioner Masden commented the 1-25 Mayors Group and the St. Vrain Valley School Board
have been working together regarding a bond issue on the November Ballot for the St. Vrain
School District, and getting a fee schedule set up for mitigation fees. He stated at this time the
mitigation fees are a totally voluntary situation. Responding to Commissioner Masden, Mr. Ogle
stated the developer has agreed to pay cash-in-lieu of land and the mitigation fee may be
voluntarily paid in addition to the cash-in-lieu fee. He stated the St. Vrain Valley School District did
not request any land, and the mitigation fee is not applicable to this development because the fee
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schedule has not yet been adopted. Mr. Ogle stated the applicant has been working with the
School District for a number of years, and there is a proposed agreement with the School District;
however, the applicant has not yet received a response. He further stated the St. Vrain Trail
Project is on the south side of the River, and this development is located on the north side of the
River. He stated there are future plans for the Front Range Trail in this area and the Homeowners'
Association may want to consider tying into that trail system in the future. Mr. Ogle further stated
the build out time for this development is 15 to 20 years, the Homeowners' Association, which
would be the liaison between the development and the Sheriff's Office,will collect fees for security.
Responding to Commissioner Jerke, Mr. Ogle stated the St. Vrain Valley School District has not
adopted a Mitigation Plan at this time. Commissioner Jerke expressed concern with requiring the
applicant to enter into an agreement for an issue that is not in place prior to submitting the Final
Plat. Mr. Ogle stated Planning Commissioner John Folsom added Condition of Approval#4.M,with
the clear intent that this will be a voluntary mitigation for capital improvements only. Mr. Morrison
stated the Planning Commission's intent was to recognize that there is a possibility to recognize
that the developer had made offers and was willing to work with the School District. He stated it
may be easier to only deal with cash-in-lieu at this time.
Drew Scheltinga, Department of Public Works,stated Weld County Road 9.5 is a major north/south
arterial east of 1-25. He stated the applicant has provided the preliminary engineering to show the
project can be built; however, the concept is further complicated by the plans to widen 1-25. He
stated the main issue to contend with at this point is timing. He explained the applicant is willing
to improve Weld County Road 9.5 from the outer road to Weld County Road 28. He stated north
of that site, the construction of Weld County Road 9.5 is not guaranteed. He stated the main
function of the Metropolitan District is to ensure that the construction is completed and will
ultimately extend up to State Highway 66. Mr. Scheltinga stated the applicant has provided a
Traffic Engineering Study, which has been reviewed by Felsburg, Holt and Ullevig. He stated the
comments and recommendations of the engineers can be resolved at the Final Plan phase of the
development. He stated Condition of Approval #4.E addresses the use of Weld County Road 28
if Weld County Road 9.5 is in place. Responding to Commissioner Jerke, Mr. Scheltinga stated
it is one mile from Weld County Road 9.5 to Highway 66, and currently there is no road.
Pam Smith, Department of Public Health and Environment, stated initially she was concerned with
the recreational activities. The clubhouse will have restroom facilities; however, there were no
restrooms indicated along the length of the trail. She stated the plat notes indicate the applicant
is required to place permanent toilet and hand washing facilities along the trail due to the distance
from the trail to the clubhouse. Ms. Smith also expressed concern with lakes that will have
swimming beaches and other recreational activities. She explained as long as the lakes are
restricted to private access by the residents and employees of the subdivision, they do not have
to go through the Colorado Department of Public Health and Environment for regulations regarding
natural bathing areas. However, if the lakes are open to the public, the State Health Department
will need to be contacted. She stated those issues are addressed under Conditions of
Approval #3.C and #3.D.
Mr. Nelson stated Condition #4.M needs to be addressed regarding the voluntary mitigation of
Capital Improvements. He stated the applicant has been pleased with the work of the County staff
and the input of the Planning Commission. He stated they also appreciate the cooperation of the
neighbors in the immediate vicinity, and the review done by the Department of Public Works
regarding the realignment of Weld County Road 9.5, which has been incorporated into this plan.
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He stated the frontage road will become part of the future widening of 1-25. Mr. Nelson stated
planning for this development began 20 years ago with the beginning of the gravel mining
operation. He stated the applicant has continued to work with staff to correct many of the concerns
expressed regarding the previous Change of Zone application, and although there is much work
to be done, they feel it is feasible to complete the project, as concurred with by staff and the
Planning Commission. He further stated approval of this request will allow this development to
proceed, and added there will be open space with recreational activities.
Mike Siegrist, applicant, stated Condition of Approval #4.M is unclear and he requested the
language be deleted or amended. He stated the population along the Front Range will continue
to increase, so the local schools will still be overcrowded regardless of whether this development
is approved. He stated they anticipate this development will gradually increase the amount of
students in the schools by 20 to 30 students per year. Mr. Siegrist stated the St. Vrain Valley
School District showed 80 percent of the voters supported the bond request; however, it ultimately
failed due to the increased size of the bond issue, long-term issues, and lack of support for some
of the projects. He stated there will be a new bond issue on the November Ballot, and there are
two mitigation fees that have been discussed. He stated they have agreed to pay cash-in-lieu of
land, and have also offered the School District $750 per lot in mitigation fees for capital
improvements. He stated the amount is considerably lower than the mitigation fees being
discussed; however, he feels it is adequate considering they are doing it on a voluntary basis and
the amount will be in addition to the cash-in-lieu. Mr. Siegrist submitted a copy of the Voluntary
Mitigation Plan, marked Exhibit G, as well as proposed language for Condition of Approval #4.M,
marked Exhibit F. He further stated the restroom facilities will be addressed to satisfy the Health
Department's concerns. In response to Commissioner Geile, Mr. Siegrist stated they are willing
to pay a mitigation fee of$750 per house and $345 per townhouses, in addition to the cash-in-lieu
fee. He stated if the bond issue does not pass, and the School District does adopt a mitigation fee,
the proposed amendment to Condition #4.M indicates they would agree to comply with the new
adopted fees. He further stated the Metropolitan District boundary is from Weld County Road 13
on the east, Highway 66 on the north, 1-25 on the west and the St. Vrain River on the south,
including all of the County roads within that boundary. Mr. Siegrist stated they will likely request
a variance from the fees if they put in the proposed facilities. He stated the Metropolitan District
would establish the roadway infrastructure and the off-site water infrastructure. He added there
are no plans to establish a Sheriff's Office facility. The Homeowners' Association will enforce the
Covenants and provide the Sheriff's Office with a direct contact for the area. He further stated this
project generates sufficient tax revenues to offset the anticipated additional costs of the Sheriff's
Office. Responding further to Commissioner Geile, Mr. Siegrist stated a majority of the property
owners near Weld County Road 13 requested the road be improved and included in the
Metropolitan District; however, it is not under development at this time. In response to
Commissioner Jerke, Mr. Siegrist stated the short term plans for Weld County Road 9.5 north from
Weld County Road 28 to Highway 66 include a two-lane road, and in the long term they would
construct four lanes. He stated the project located to the north is working with the Town of Mead,
and if approved, they will also utilize Weld County Road 9.5. Responding to Commissioner Geile,
Mr. Siegrist stated Weld County Road 9.5 has 100 feet of right-of-way. In response to
Commissioner Masden, Mr. Siegrist stated the St. Vrain Trail System runs through this property,
and the Homeowners'Association will determine whether the development will connect to the trail
in the future. He stated the lakes were part of the open space calculations and the remainder of
the open space consists of four miles of concrete trails, a pocket park with softball, soccer, and a
playground, and the clubhouse facilities. Responding to Chair Pro-Tem Long, Mr. Siegrist stated
they will allow motorized water ski boats and personal water craft. He stated the large lake was
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designed for water skiing, and it is approximately 90 acres in size. Responding to Commissioner
Geile, Mr. Siegrist stated the lakes are currently not lined; however, they plan to line the large lake,
which would allow them to use it for storage and augmentation of the smaller lake.
Kris Pickett, Pickett Engineering, Inc., stated the lakes are in the flood plain boundary and there
will be a minor adjustment to the boundary to accommodate the sale of lots and insurance needs.
Responding to Commissioner Jerke, Mr. Pickett stated the site drains into the lakes, and they will
provide some pre-treatment prior to discharge into lakes. In response to Commissioner Masden,
Mr. Pickett stated they will use the ditch water to irrigate the common areas; it will not irrigate
individual lawns.
Artie Elmquist, surrounding property owner, stated it does not appear that the applicant has made
any significant changes since the previous Change of Zone request was denied. He stated there
are a lot of good reasons to consider this type of development, such as the various types of
proposed housing,open space,and revenue for the southwest Weld County road plans. He further
stated they have been working with the School District for mitigation fees and they do have property
rights. However, there are still some concerns because the property is not located within an urban
growth boundary area, nor is any of the surrounding property being developed at this time. He
stated it is still questionable as to whether all of the lots are out of the flood plain and the
completion time for Weld County Road 9.5 north of Weld County Road 28 to Highway 66 has not
been determined. Mr. Elmquist further stated there are no traffic lights at the intersection of
Highway 66 and 1-25, and it appears it could take many years before that project receives funding.
He stated the traffic on 1-25 is escalating, resulting in more severe traffic accidents, the timing for
widening I-25 is still uncertain due to budget crunches,and sales tax revenue is down due to a slow
economy. He also expressed concerns with limited law enforcement regardless of the Metropolitan
District, and questioned whether there is enough water secured to serve all of the taps. Mr.
Elmquist stated the overcrowding of the local School District is still a concern following the failure
of the previous bond issue. He stated even if the new bond issue is approved, a majority of the
funds will be for new construction to address the current overcrowding, not to accommodate future
growth. He stated the Frederick Town Board recently denied Phase 2 of the Rinn Valley Ranch
Subdivision until they were certain of the outcome of the bond issue in November. Commissioner
Geile stated he was on the board when the original Change of Zone for this site was denied. He
stated upon review of this revised application, there is adequate assurance that there will be
adequate water, and the traffic signals at the intersection of Highway 66 and 1-25 is being actively
pursued regardless of this development. Commissioner Jerke commented the new Southwest
Weld County Administrative Building with the Sheriff's Office annex is now in close proximity to this
development, which will make it easier for the Sheriff's Office to serve this area. There being no
further comments, Chair Pro-Tern Long closed public testimony.
Mr. Siegrist stated the properties near this site are also under review for various projects, and he
feels the new Sheriff's Office substation and Southwest Weld County Administrative Building were
built to address anticipated growth in this area. He stated the Metropolitan District will be
developed to construct or improve roads in the area, which will benefit the area and help get
projects in this area funded. Mr. Siegrist stated they will purchase water in blocks as each phase
of the development is constructed, there is adequate water in the lakes for irrigation of the open
space, and the residents will use their taps from the Little Thompson Water District for irrigation
of each individual lot. He stated if the bond is not passed,the proposed Condition of Approval#4.M
will require them to any mitigation fees which may be approved by the St. Vrain Valley School
District. In response to Commissioner Geile, Mr. Siegrist stated the Little Thompson Water District
has committed 650 residential taps and 50 commercial taps, which exceeds the number of lots
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proposed. Responding to Commissioner Geile, Mr. Ogle stated payment of the mitigation fee is
voluntary and in addition to the cash-in-lieu fee. Commissioner Geile suggested Condition of
Approval#4.M be amended to reference only the requirement for cash-in-lieu of land,and then add
a new Condition of Approval #4.N to state, "The applicant shall agree to enter into a voluntary
capital mitigation agreement, in the same form and intent as the draft copy submitted into the
record, if the proposed school bond issue currently planned for November 2002, fails and the St.
Vrain Valley School District adopts said Voluntary Capital Mitigation Plan." Mr. Morrison clarified
the language of the new proposed Condition of Approval #4.N references the Draft Voluntary
Capital Mitigation Agreement, marked Exhibit G, and Condition of Approval #4.M needs to be
modified to strike the words "voluntary mitigation of Capital Improvements and/or," to meet the
intent of Commissioner Geile's suggested modification.
In response to Chair Pro-Tem Long, Mr. Siegrist stated he has reviewed and agrees with the
Conditions of Approval, with the modifications as discussed.
Commissioner Jerke moved to approve the request of Mike Siegrist for Change of Zone#602 from
the A(Agricultural)Zone District to the PUD (Planned Unit Development)for 618 lots with R-1, R-2,
R-3, and R-4 (Residential) Zone uses, 31 lots with C-1, C-2, and I-1 (Commercial and Industrial)
Zone uses, and 239 acres of common open space, including a community clubhouse, 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 amending Condition of
Approval #4.M to delete the words "voluntary mitigation of Capital Improvements and/or," add a
new Condition#4.N to state, "The applicant shall agree to enter into a voluntary capital mitigation
agreement, in the same form and intent as the draft copy submitted into the record, if the proposed
school bond issue currently planned for November 2002, fails and the St. Vrain Valley School
District adopts said Voluntary Capital Mitigation Plan,"and reletter as appropriate. The motion was
seconded by Commissioner Geile. Commissioner Geile commented the issues expressed by Mr.
Elmquist are relevant and need to be carefully considered. He stated the intent of the developer
is consistent with what is allowed in the Mixed Use Development area. He stated referrals were
sent to towns in the area, two did not respond and one had no comments, indicating it does not
want this development within its Urban Growth Boundary. Commissioner Geile further stated the
flood plain issue will be worked out, issues regarding the construction of Weld County Road 9.5
from Weld County Road 28 north to Highway 66 will be addressed through the Metropolitan District,
the availability of water has been resolved. He stated law enforcement is in closer proximity to the
site, benefitting from the additional support of the tax revenue generated by this development. He
complimented the developer for coming back with a proposal that is consistent with the area,
addressing the concerns previously expressed by the Board. Commissioner Masden commented
he supports the motion, and he believes there has been a substantial change which improved the
previous application. He stated the new design of Weld County Road 9.5 fits in with Weld County's
Strategic Road Plan, they will voluntarily pay mitigation fees to the School District in relation to the
new bond, they have improved the water and sewer plans, and this is a very good project. Chair
Pro-Tem Long stated he supports the motion, based on the substantial changes. He commended
the developer and the County staff for working together to create a good development for this area,
addressing the long-term issues and identifying potential problems before they occur. There being
nor further discussion, the motion carried unanimously, and the hearing was completed at
11:45 a.m.
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This Certification was approved on the 1st day of July 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ande �t/y± �1 Lam, EXCUSED
n Vaad, Chair
Weld County Clerk t he 11
David E. g, Pro-T BY: Deputy Clerk tot �� � t
M. J. Geile
TAPE #2002-20 / j/AA_e
William H. Jerke
DOCKET#2002-41 EXCUSED DATE OF APPROVAL
Robert D. Masden
2002-1821
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