HomeMy WebLinkAbout20021397.tiff HEARING CERTIFICATION
DOCKET NO. 2002-37a
RE: CHANGE OF ZONE#548 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO CREATE 18 LOTS WITH
COMMERCIAL OR INDUSTRIAL USES,ALONG WITH SIX(6)ACRES OF OPEN SPACE-
CALIFORNIA HOME, INC.
A public hearing was conducted on June 5, 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, Chris Gathman
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 3, 2002, and duly published May 8, 2002, in the
Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted on May 29,
2002, to consider the request of California Home, Inc., for Change of Zone #548 from the
A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District to create 18 lots
with commercial or industrial uses, along with six acres of open space. At said hearing on May 29,
2002, the Board deemed it advisable to continue the hearing to June 5, 2002, at the request of the
applicant, due to a scheduling conflict. At said hearing on June 5, 2002, 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. He stated the development will be serviced with
water from the Little Thompson Water District and sewer service will be provided by the Saint Vrain
Sanitation District. He stated 16 referral agencies reviewed this proposal and seven responded
with comments which have been addressed in the Conditions of Approval. He gave a brief
description of the location of the site and reviewed the reasons for approval as recommended by
the Planning Commission. Following discussion regarding the redline/strikeout format of the Draft
Resolution, Mr. Gathman continued by stating the property is surrounded by the Mead
Intergovernmental Agreement(IGA)area; however, the application was received before approval
of the IGA. Mr. Gathman referred to a Memorandum, dated June 4, 2002, marked Exhibit U,
requesting revisions to the Conditions of Approval. He stated the revisions address the applicant's
intent to develop the site in three phases, as well as straighten the point where Benjamin Avenue
connects with Weld County Road 28 for a distance of 100 feet before curving. He stated the
Department of Public Works is also requesting Weld County Road 28 be paved along the entire
northern boundary and North Ridge Road be paved along the entire southern boundary of the
property so the roads connect with any future improvements of adjacent developments. Mr.
Gathman stated because the development is proposed to be completed in phases,the Department
C(,' ', nk/ /L C��� �r� 2002-1397
l' U PL1605
HEARING CERTIFICATION - CALIFORNIA HOME, INC. (COZ #548)
PAGE 2
of Planning Services is requesting each phase be reviewed by the Board of Commissioners for
review at the Final Plat stage. He indicated the locations of two existing tank batteries and a well
head, and stated proposed Condition of Approval #5.C requires a 150-foot setback for buildings
from those facilities, as well as a 200-foot setback from the drilling window in the southeast corner
of the property. Mr. Gathman stated Lots 2, 3, and 4 of Block 2, and Lot 4 of Block 3 will have
designated building envelopes as required by proposed Condition #5.D. (Switched to
Tape#2002-19) Responding to Commissioner Jerke, Mr. Gathman concurred with amending the
second sentence of Condition #3.B to replace the word "shall" with "should" to clarify that the
applicant is not required to build the trail in case it is unfeasible. Commissioner Geile referred to
a letter, dated March 15, 2002, from the County Attorney's Office regarding the Urban Growth
Boundary (UGB)for the Town of Mead. Mr. Gathman stated this property is within the UGB area
of Mead; however,the Change of Zone application was submitted prior to the expansion of the IGA.
Mr. Morrison added due to the timing of this application being filed prior to approval of the IGA, the
applicant is not required to seek annexation, and the Town of Mead did receive a referral and
chose not to respond. Mr. Gathman stated the referral was sent to the Town of Mead in 2000.
Don Carroll, Department of Public Works, referred to Exhibit U and requested the last sentence
of proposed Condition of Approval#4.L be modified to state, "The applicant will be required to pave
Weld County Road 28 from the 1-25 Frontage Road to the east property boundary." He explained
if Weld County Road 28 is only paved to the entrance,there will be a 300-foot gap between the end
of the paving and the future development of the Riverdance Planned Unit Development. He also
requested the second sentence of proposed Condition of Approval#4.M be amended to state,"The
applicant will be required to pave North Ridge Road from the 1-25 Frontage Road to the east
property boundary"for consistency on the south. Mr. Carroll stated he has met with the applicant
to discuss these modifications.
Don Leffler represented the applicant and thanked the Weld County staff for its work on this
project. He stated the applicant has reviewed and agrees with the Conditions of Approval proposed
modifications. Mr. Leffler stated they are intending to place a trail on the eastern side of the canal
and the Improvements Agreement should be adequate to address the requirements for each phase
of the development rather than having to come before the Board each time. He requested the Final
Plan be administratively reviewed. In response to Commissioner Geile, Mr. Leffler stated they have
worked with the Mountain View Fire Protection District which has approved the locations of the fire
hydrants, and the lots that are impacted by the well heads will be restricted from having no more
than 40 employees. He further stated the uses will be commercial or light industrial, with smaller
structures and outdoor storage yards. Mr. Leffler stated the lots will also have designated building
envelopes to further restrict the locations of the buildings and ensure the safety of the businesses
and employees. Responding further to Commissioner Geile, Mr. Leffler stated RME has
represented that the coal reserves are an insignificant issue to them and there are documents in
the record indicating they have resolved the issues of concern from Kerr-McGee. Responding to
Chair Vaad, Mr. Leffler stated the relocation of the 1-25 Frontage Road to Weld County Road 9.5
delayed this project for almost two years. He further stated the Department of Public Works and
CDOT felt is was necessary to have that issue resolved before allowing this development to move
forward. Mr. Leffler reviewed the proposed configuration of the development in relation to 1-25 and
right-of-way reservations. He stated the buildings will all be accessed from the internal road
system. Responding to Commissioner Jerke, Mr. Leffler stated the plat has been amended to
correct the spelling of Del Camino. Responding to Commissioner Geile, Mr. Morrison stated if a
structure or residence exists prior to the placement of oil and gas facilities the Oil and Gas
2002-1397
PL1605
HEARING CERTIFICATION - CALIFORNIA HOME, INC. (COZ #548)
PAGE 3
Commission requires a minimum setback of 150 feet. He stated the County has increased the
setbacks in the Residential Zone District, but not in the Commercial or Industrial Zone Districts.
He further stated the only time the Oil and Gas Commission requires a setback greater than 150
feet is in a high density residential area, which is classified as 15 homes within a square mile. He
stated this proposal is consistent with the County and State rules for Commercial and Industrial
uses. Commissioner Jerke commented the Mountain View Fire Protection District has also had
the opportunity to require hydrants as they feel necessary, which is an additional mitigation
measure.
In response to Chair Vaad, Mr. Morrison suggested amending the first sentence of Condition#4.A
to state, "The Final Plan application shall include Improvements Agreements, which may provide
for up to three phases of development, in accordance with Section 24-9-10 and 24-9-20 of the
Weld County Code." No public testimony was offered concerning this matter. In response to Chair
Vaad, Mr. Leffler reiterated he and the applicant have reviewed and agree with the Conditions of
Approval and proposed modifications. He stated they feel the phasing of the development should
be handled within the Improvements Agreement. He further stated they agree with placing a trail
easement on the east side of the canal. In response to Commissioner Geile, Mr. Carroll stated the
realignment of Weld County Road 9.5 runs through the Riverdance Development and the language
in Reason of Approval #2.e may not be relevant to this case. Mr. Gathman stated at the time of
the Planning Commission hearing there was still some question as to where Weld County Road
9.5 was going to be located. He stated Weld County Road 9.5 will not affect this development and
he is not opposed to removing the language. Mr. Morrison stated the language does not need to
be included in the Resolution; however, it is relevant background information as to how Weld
County Road 9.5 was affecting this property in the beginning. In response to Chair Vaad, the
Board indicated agreement with deleting all of the language after the first sentence in Reason of
Approval#2.e. Mr. Gathman stated if the Board is agreeable to administrative review of the Final
Plan,then Reason of Approval#2.h needs to be amended to delete the word "Conceptual"and the
last sentence.
Commissioner Jerke moved to approve the request of California Home, Inc., for Change of Zone
#548 from the A (Agricultural) Zone District to the PUD (Planned Unit Development)Zone District
to create 18 lots with commercial or industrial uses, along with six(6) 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 incorporating all of the changes
proposed by staff in Exhibit U, but amending the second sentence of proposed Condition #4.L to
state, "The applicant will be required to pave Weld County Road 28 from the 1-25 Frontage Road
to the east property boundary," as well as amending the second sentence of proposed Condition
of Approval#4.M to state, "The applicant will be required to pave North Ridge Road from the 1-25
Frontage Road to the east property boundary." His motion also included amending the second
sentence of Condition#3.B to replace the word "shall" with "should"to clarify that the applicant is
not required to build the trail in case it is unfeasible, amending the first sentence of Condition#4.A
to state, "The Final Plan application shall include Improvements Agreements, which may provide
for up to three phases of development, in accordance with Section 24-9-10 and 24-9-20 of the
Weld County Code," deleting all of the language after the first sentence in Reason of Approval
#2.e., and amending Reason of Approval#2.h to delete the word"Conceptual"as well as all of the
last sentence regarding review of the Final Plan by the Board of Commissioners. The motion was
seconded by Commissioner Geile, and it carried unanimously. There being no further discussion,
the hearing was completed at 10:55 a.m.
2002-1397
PL1605
HEARING CERTIFICATION - CALIFORNIA HOME, INC. (COZ #548)
PAGE 4
This Certification was approved on the 10th day of June 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COy_ORAD1
ATTEST 7 j j j ,efr Ell / �7, �
Gle aad, Chair
Weld County Clerk to B a . ,"
a
BY: � / . y David E. Long •ro-Tern
�/ 6• �4�i f
Deputy Clerk to the i'd' iz1\\
M, J. Geile
TAPE #2002-18 and #2002-19 CC, 11A-r-A-
illiam H. Jer e
DOCKET#2002-37
Robert D. Masden
2002-1397
PL1605
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#548 - CALIFORNIA HOME, INC.
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 11/07/2000
and 03/20/2001)
D. Clerk to the Board Notice of Hearing
E. Welborn, Sullivan, Meck, and Tooley Letter agreeing to waive notification and
Agent for RME Land Corp. objection (03/28/2002
F. Kerr-McGee Rocky Mountain Corp. List of Lease Interests for notification
(04/10/2002)
G. County Attorney Letter re: Notice of Inclusion of Property into
the Town of Mead's Urban Growth
Boundary (03/15/2002)
H. Davis, Graham, and Stubbs, LLP Letter indicating no objection (01/29/2002)
Agent for Kerr-McGee Rocky Mountain
Corp. and Kerr-McGee Gathering
Susan and Christopher Adrian Statement of Ownership of land and mineral
rights
J. St. Vrain Sanitation District North trunk line extension (12/03/2001)
K. Design Development Consultants Letter requesting hearing before the BOCC
and revised map (10/03/2001)
L. Applicant Warranty Deed
M. Applicant Surrounding property owners list
N. Little Thompson Water District Letter re: Water Service Commitment
(09/14/2001)
O. Applicant Affidavit of Interest Owners - Mineral and/or
Subsurface (09/14/2001)
P. Applicant Agreement for Water Main Extensions
(09/14/2001)
Q. Applicant List of Mineral Owners or Lessees
R. Planning Staff Certification of Sign Posting
S. Public Works Staff Referral Response (05/22/2002)
T. Sheriff's Office Referral Response (05/21/2002)
U. Planning Staff Memo re: Revised Conditions (06/04/2002)
V.
W.
X.
Y.
Z.
AA.
BB.
CC.
DD.
EE.
FF.
GG.
HH.
I I.
JJ.
KK.
LL.
MM.
NN.
OO.
PP.
QQ.
k \ \ \ \ Th' .•J \
fC k \ 7 % I
/} / }/\
» - «
! ] 2 ! ;
= 0a a/
\ /
/ / f % ® j \
± \ a 2 , %
% ® \ y % C
/ -L� 9
O \ q \ \ �
00 / s4y \
LLI ‘) . .
U j ® ® \ / \
o § ~ � �� �
k Z k V R \
ul LL 0 ID
0 5 � ej - Ili \ /
a k 2 E \ 9 }
Ci w
§ - o V � $ / � \
K a) Cl, 0 3 3 5 \
o \ 0 \ \ \ n • \ f a
co 2 « /
� w
° \
o 0 § } § ® 4
k � �03
« .3. \
CC § / \ � { �
O k / ti) o x « \ $
2 LuLu § U 3 \
w oo § ) n '
r o o
2 2
k �
o _C O to
% E _
k � \ \� 2
72 $
2a - oI
Si-
o0
L ` \
IX
§ tai /
0
z N
« t)
2 § ) .
>:.z 2 g
w o w o .
I— k E \ ra
_ 6 -
N _ 0 n f
I c / O %
§ 0 co § co
c ,
« )
o B -
2 g C
O 2 7
-J• 0 }
.�
m .
§ 4.3
§ /
° E - <3
) b I ]
< S
2 0 IL
Hello