HomeMy WebLinkAbout20021522 HEARING CERTIFICATION
DOCKET NO. 2002-40
RE: CHANGE OF ZONE#632 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR 13 LOTS WITH RESIDENTIAL
USES AND 7.1 ACRE OF COMMON OPEN SPACE -JOHN KADAVY
A public hearing was conducted on June 19, 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 May 24, 2002, and duly published May 29, 2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of John Kadavy for Change of Zone #632 from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for 13 lots with residential uses
and 7.1 acres of common 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 is located in the flood
plain, or special flood hazard area. He stated Flood Hazard Development Permits have been
approved for Lots 2, 3, 5, 6, 9, and 12 and the residences east of Weld County Road 69. He stated
it was determined that the northern lots are not in the flood plain; however, they are adjacent and
will be required to submit a flood hazard development permit application, and be conditionally
approved. Mr. Ogle stated the twelve existing structures were previously used by National Hog
Farms for employee housing, permitted through ZPAD Permits 35 through 46, which were
approved in 1989. He stated the applicant has added a brick monument sign, flowering trees, and
additional evergreen trees and shrubs to the development. He further stated the existing
playground and basketball court has been removed, and may be relocated to the northeast corner
of the property. He reviewed the other improvements at the site, and stated the remaining 26,000
acres are owned by National Hog Farms, which closed in December 2000. He stated the land is
currently in agricultural production and he reviewed the remaining surrounding uses. Mr. Ogle
stated the site will be accessed from Weld County Road 69, and the internal roads have a 50-foot
right-of-way,with a gravel surface. He stated the applicant is requesting a waiver of the paving and
60-foot right-of-way requirements. He further stated 18 referral agencies reviewed this proposal,
with ten responding favorably or proposing conditions. Mr. Ogle stated given the existing on-site
development conditions, the Department of Planning Services waived the Sketch Plan phase of
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HEARING CERTIFICATION - JOHN KADAVY (COZ #632)
PAGE 2
the application process; however, there are still outstanding issues regarding potable water,
permitting of wells for potable water and irrigation water by the State, septic, irrigation ditches,
drainage, and internal roads. He stated potable water for the lots is provided by three existing
wells; 12 units share two wells, with the third well providing potable water to Lot 13 and irrigation
water for the development. He stated all three wells will be maintained and operated by the
Homeowners'Association, and individual sewage disposal systems are in place. Mr. Olge stated
access is adequate in size to meet the requirements of the proposed Zone District. The
Departments of Public Works and Planning Services have approved the road configuration,
including cul-de-sacs at the terminus of all non-thru roads, in lieu of hammerheads as stated in the
application materials. He further stated the Department of Public Works is requesting the Board
require paved internal roads, with gravel shoulders. Mr. Ogle stated the applicant has requested
an administrative review of the final plan; however, staff does not support this request due to the
amount of unresolved issues.
In response to Chair Vaad, Peter Schei, Department of Public Works, stated there is an existing
50 feet of right-of-way,which staff feels is adequate; however,staff strongly suggests the applicant
pave the internal roads which will serve 13 lots. He recommended they construct two 12-foot lanes
with four-foot gravel shoulders to accommodate the traffic, as well as cul-de-sacs rather than
hammerheads at the end of roads. Responding to Commissioner Geile, Mr. Schei stated if the
road is paved, it will likely be accepted for maintenance by the County. In response to
Commissioner Jerke, Mr. Ogle stated the applicant is proposing a Homeowners'Association which
will maintain and manage the three wells and open space, and the internal roads if they are not
required to pave. Mr. Schei stated the applicant will also need to indicate the right-of-way is to be
dedicated to the public. Mr. Morrison stated even if applicant privately maintains the road, it can
still remain a public right-of-way.
In response to Chair Vaad, Pam Smith stated the locations of the septic systems in this
development are adequate because they can put a septic system in a flood plain, but not in a
floodway. She stated they have all been permitted, and there is adequate space for replacement
leech fields, if necessary. In response to Commissioner Jerke, Ms. Smith stated the two domestic
wells that serve the twelve lots are 117 to 120 feet deep, and they were permitted in 1989. She
stated the third well is an old, historic well, and is in the process of being registered. She further
stated the two wells were deemed a public water system in 1989 for the employee housing. She
stated the nitrate levels are below drinking water standards. Responding to Commissioner Geile,
Ms. Smith stated they will use the existing septic systems, which are all permitted. She stated
Lot 13 is the exception because staff has no information on the well or septic system, so they will
need to be evaluated and brought into compliance, if necessary.
Ms. Smith stated the applicant originally submitted documentation stating the third well would be
incorporated into the public water system. However, based on staff's research the State
regulations will require this system to go through the Plan Review Process at the State Health
Department because it is under new ownership and they will be adding an additional source of
water. She stated following the Planning Commission hearing, the applicant submitted new
information indicating they would not integrate the third well into the system. Rather it will only serve
Lot 13 and provide irrigation for the development. Ms. Smith stated regardless of whether the well
is integrated, this system is under new ownership and staff is requesting it go back through the
State's Plan Review Process for final determination as to whether the system is adequate for this
development. Ms. Smith stated the Covenants state the third well will still be the responsibility of
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the Homeowners' Association because it will also provide irrigation water. In response to
Commissioner Geile, Ms. Smith stated at this time staff does not know the capacity of the third well,
and she indicated the location of Lot 13. In response to Commissioner Long, Ms. Smith stated
following review by the State, the system would likely be brought back into an active status. She
stated her primary concern is to ensure that there is financial, technical and managerial support
for this water system in the long term. She further stated the testing for the system would likely be
funded by the Homeowners' Association. Responding to Chair Vaad, Ms. Smith explained the
State Health Department will administer this water system regardless of the County's involvement;
however, the County's involvement will help ensure public safety. She further stated the Weld
County Code specifies 13 lots as urban scale which is required to provide a source of public water.
Mr. Morrison stated the third well predates adjudication,and it is now going through the registration
process. He stated he concurs with Ms. Smith's comments that a public water is a requirement of
an urban scale development which is not dependent upon the State Health Department's
requirements. He stated it is important to ensure the structure is in place before occupancy. Mr.
Morrison stated the use of the third well complicates the issue because it will serve Lot 13
individually; however, it will also serve the irrigation needs of the entire development.
Anne Best Johnson, Todd Hodges Design, LLC, represented the applicant and stated the existing
units were used by National Hog Farms for employee housing. She stated this application
proposes seven acres of open space, which exceeds Weld County's standards. She stated they
intend to incorporate landscaping which will enhance the appearance of the development,the open
space will be owned and maintained by the Homeowners'Association, and there will be a common
mail delivery and school bus shelter area. Ms. Johnson stated the development is accessed from
Weld County Road 69, improvements to the bridge on this road were done in the mid 1990's, and
the applicant proposes to maintain gravel roads to be maintained by the Homeowners'Association.
She stated they have been working with the local school district, fire protection district and State
Division of Water Resources prior to submittal of the application. Ms. Johnson noted the applicant
will record a 400-foot future drill site, with a no-build envelope designation, on the Change of Zone
plat. Ms. Johnson gave a brief presentation reviewing slides, marked Exhibit I.
John Kadavy,applicant,stated two of the high-production wells are permitted to service twelve lots.
He stated they were put in place and monitored through an augmentation plan. He stated the third
well was not recorded in several previous land transactions at this site, therefore, he is working to
permit it through the State. Mr. Kadavy stated they no longer intend to combine the third well into
the drinking water system of the first two wells. He stated the third well does provide a drip line to
60 or 70 trees, therefore, the Homeowners'Association will maintain all three wells. He explained
the owner of Lot 13 will receive credit toward Homeowners'Association dues for the use of water
for irrigation purposes. He further stated the most recent monitoring indicates all three well provide
good quality water. (Switched to Tape#2002-20.) In response to Commissioner Geile, Mr. Kadavy
explained the State requires a certified technician or operator to go through an appropriate
educational class and receive a license. He stated Jackie Jones is currently employed at the farm
and has completed the certification classes and will do the appropriate testing and maintenance.
He stated the State Health Department determines when the system must be tested and how it is
monitored. They also address any capacity issues and there will be escrow funds paid into the
Water Association for long term maintenance. He stated the specifics have not been determined
by his attorney; however, they do intend to address these issues in the Bylaws and Articles of
Incorporation. He stated this concern could be addressed as a Condition of Approval to ensure
there are adequate provisions for a financial, technical, and managerial plan regarding the water
2002-1522
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system. He further stated National Hog Farms currently maintains the roads and they are up to
County standards. He stated the pictures reflect damage to the roads from early spring weather.
He added the roads also deteriorated because the development was unoccupied; however, future
maintenance will be the responsibility of the Homeowners'Association as stated in the Covenants.
Responding to Chair Vaad, Mr. Kadavy reiterated he is requesting the paving requirement be
waived although the number of lots exceeds the criteria for urban scale because this is a pre-
existing development. Chair Vaad commented these were actually accessory lots to a major
industry in the area, it was not a previously approved subdivision. Commissioner Geile commented
there is a large feedlot west of the subdivision. Mr. Kadavy stated there is a document that clarifies
and discloses the effects of the surrounding uses to future property owners in the development.
Ms. Johnson requested Condition #2.B be moved under Condition #5 as item L to allow the
applicant additional time to evaluate the septic system on Lot 13 without delaying recording the
Change of Zone plat. Staff indicated no concerns with this request. Ms. Johnson also requested
the Board delete the requirement for paving the internal roadways. Mr. Ogle stated internal paving
is noted under Reason of Approval #2.e and Condition of Approval #5.A. Mr. Schei stated staff
does not agree with that request because this is an urban scale development regardless of when
it was designed. He stated this would set a precedent and he recommends the development be
paved. Commissioner Jerke stated he supports the applicant's request because this is an existing
project; however, he feels paving would improve the property values. Commissioner Geile
commented paving the internal roads would likely increase the price of the homes beyond what is
feasible in the current market, therefore, he is not opposed to waiving the paving requirement.
Commissioner Masden concurred because this is an existing development and the current
maintenance appears to be adequate. Commissioner Long concurred with previous statements.
Chair Vaad commented this has not been opened to public input, therefore, he requested the
Board delay its decision until after all testimony has been taken. Ms. Johnson requested Condition
#2.C be deleted because the Purchase Agreement was provided with the application materials to
clarify the applicant's intent. Ms. Smith stated these documents deal with purchasing two wells
only,there is no mention of the third well. Ms. Johnson stated they were not aware of the existence
of the third well when the Purchase Agreement was drafted. Mr. Kadavy stated upon receipt of the
well permit number and background information, he will draft a revised purchase document. Mr.
Morrison stated the applicant's proposal is adequate if confirmation is received that the well has
been registered and accepted in the name of the current developer. Commissioner Geile
suggested Condition#2.C be amended to require the applicant to provide evidence of registration
of the third well on Lot 13. Staff concurred with this request with the understanding that it remain
a Condition prior to recording the Change of Zone plat. Ms. Johnson requested Condition#2.D be
deleted because a copy of the revised language had been provided to staff on June 12, 2002;
however, the applicant did not receive a response as to whether it is acceptable. Ms. Smith
submitted proposed language addressing the issue of assurance for the public water system,
marked Exhibit J. She explained the revised Covenants address the management of the public
water system; however, the funding and enforcement still need to be addressed. She stated this
should be taken care of during the State Plan Review process. Ms. Smith concurred with deleting
Condition #2.D; however, she requested a new Condition of Approval #3.D be inserted to state,
"The Homeowners'Association shall be financially responsible for the maintenance and operation
of all three wells that comprise the public water system." She stated this is important for water
quality assurance. She explained if enough of the homes are unoccupied the system will be
deemed inactive again and cease testing requirements. Ms. Smith stated the system needs to be
maintained for the remaining residents. Ms. Johnson expressed concern with citing all three wells
2002-1522
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HEARING CERTIFICATION - JOHN KADAVY (COZ #632)
PAGE 5
as part of the public water system, therefore, she requested striking the reference to the number
of wells included. Ms. Smith stated the District Engineer at the State Health Department indicated
the inclusion of the third well will depend on the ownership, and based on the revised Covenants
the sharing of water from the third well puts it back under the requirements for the public water
system. Chair Vaad commented the applicant's testimony has indicated the well will be the
responsiblity of the owner for Lot 13, who will receive credit against their Homeowners'Association
dues for use of irrigation water in the open space. Ms. Johnson reiterated removing the reference
to the number of wells in the proposed language will tie the wells back into the State requirements
and the State can document which wells are to be included in the public water system. Mr.
Morrison stated if the wells are not numbered, there is freedom to include or exclude wells as
determined by the State. He stated the Covenants will need to be written to parallel the
determinations made by the State. In response to Commissioner Long, Mr. Morrison stated the
responsibility for maintenance of the third well also needs to be addressed but the necessary
documents are not finalized. Following discussion, Mr. Kadavy stated he is agreeable to striking
any reference to the number of wells and leaving it to the State to determine which wells apply to
the public water system. Mr. Ogle stated if the well on Lot 13 goes out and it is not included in the
public water system, they will not have access to water. Mr. Morrison concurred and suggested
there could be provisions which allow Lot 13 to connect into the public water system if the third well
becomes unavailable.
Ms.Johnson stated Condition of Approval#2.F has already been met and can be deleted, and staff
concurred. She stated the applicant is in the process of applying for a Building Permit for the site
and she requested Condition #2.H be deleted and moved under Condition #5 as item M to allow
additional time and not delay recording the Change of Zone plat. Mr. Ogle stated the applicant has
not pulled any building permits for the cosmetic improvements which have been made to the
residences, therefore, he requests the requirement be left prior to recording the Change of Zone
plat. Mr. Kadavy stated they have not remodeled the kitchens; however, they have repaired or
replaced the decks, doors and windows were replaced, and they have done interior painting and
carpeting. He stated he was not aware Building Permits were needed for these improvements.
Based on these comments Mr. Ogle concurred with moving the language under Condition #5.M.
Ms.Johnson stated Conditions of Approval#2.J and#5.K require the applicant to submit electronic
drawings of the Change of Zone and Final Plan; however, the applicant's surveyor does not have
the means to provide these drawing electronically. Mr. Ogle stated this is requested to allow staff
to drop the information into the Weld County Geographical Information System. He stated Jerry
McCray is the surveyor on this project and he has met this request on other developments he has
worked on. Commissioner Jerke stated he agrees with the applicant, and feels this is a
burdensome requirement. In response to Chair Vaad, Mr. Ogle stated Mr. McCray has taken his
work to other surveying offices who scan the information and save it on a disk for staff to use. Ms.
Johnson further requested the Board allow for administrative review of the Final Plan. Mr. Ogle
stated until the water issue is resolved, staff is not comfortable with making the final determination
on this matter. Staff indicated they would agree to an administrative review if adequate
documentation is received from the State. Mr. Morrison added the Weld County Code allows staff
to refer a matter to the Board if there are inconsistencies or technicalities.
No public testimony was offered concerning this matter. Commissioner Geile commented there
have been many changes proposed by the applicant and staff. He suggested this hearing be
recessed until 1:30 p.m. to allow staff and the applicant to finalize all the changes discussed for
final determination by the Board. Chair Vaad recessed the hearing until 1:30 p.m.
2002-1522
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HEARING CERTIFICATION - JOHN KADAVY (COZ #632)
PAGE 6
Upon reconvening, Mr. Ogle reviewed the changes as proposed and discussed to incorporate the
intent of the Board. Mr. Ogle stated the first paragraph of Reason of Approval#2.e will be deleted,
with the exception of the last sentence to waive the paving requirement. He stated Condition#2.B
regarding the septic system on Lot 13 will be deleted and moved under Condition #5 as item L.
Condition #2.C will be amended to state, "The applicant shall provide evidence of registration of
the third well on Lot 13," and Condition #2.D regarding Covenant item C-14 will be deleted and
moved under Condition #3 as a new item D to state, "The Homeowners' Association shall be
financially responsible for the maintenance and operation of all wells that comprise the public water
system." Mr. Ogle further stated Condition #2.F regarding the concerns of the Platte Valley Fire
Protection District will be deleted, and Condition#H regarding the building permit for the monument
sign and Flood Hazard Development Permit will be deleted and moved under Condition#5 as item
M. Mr. Ogle concurred with Chair Vaad to amend item L to delete the words "be approved" and
replace them with"or obtain" so it is clear the applicant is not guaranteed approval unless justified.
Mr. Ogle stated Condition#5.A regarding the pavement design will be deleted. Condition #5.J will
be amended to state, "The applicant shall submit final Homeowners' Association Covenants and
documents relating to Incorporation; the Covenants shall address maintenance of public
improvements on a perpetual basis to the Weld County Attorney's Office for review and approval."
He further stated Condition#5.N will be added to state, "The applicant shall submit documentation
of approval from the Colorado Department of Public Health and Environment,Water Quality Control
Division, of the plans submitted for the public drinking water system. If conditions for approval are
stipulated by the Water Quality Control Division,the applicant shall also include how each condition
will be addressed." In response to Chair Vaad, Mr. Kadavy and his representatives indicated they
concur with the amendments as reviewed by Mr. Ogle. (Clerk's Note: These minutes reflect
numbering or lettering as provided in the Draft Resolution prior to renumbering or relettering rather
than those mentioned on the record.)
Commissioner Geile moved to approve the request of John Kadavy for Change of Zone#632 from
the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 13 lots
with residential uses and 7.1 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. His motion also included all of the modifications as cited by Mr. Ogle and concurred to by
the applicant, with the Conditions renumbered or relettered as appropriate. The motion was
seconded by Commissioner Long. Commissioner Geile commended the applicant for his efforts
in developing this site, which was involved in a difficult situation under National Hog Farms. He
stated the homes will be preserved and provide needed housing in the area. Chair Vaad concurred
and also commended staff for working with the applicant and coming to a consensus on what
revisions needed to be made. Commissioner Masden commended staff and stated he hopes there
are not this many changes in future cases. In response to Esther Gesick, Deputy Clerk to the
Board, the Board reiterated its desire to allow an administrative review of the Final Plan, and
stipulating staff does have the authority to bring this matter back before the Board if there are any
inconsistencies or unresolved technicalities. There being no further discussion,the motion carried
unanimously and the hearing was completed at 1:50 p.m.
2002-1522
PL1602
HEARING CERTIFICATION - JOHN KADAVY (COZ#632)
PAGE 7
This Certification was approved on the 24th day of June 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W D COUN Y, OLORADO
ATTEST/04 / 7 � EJJ Xe...I /l eti
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Weld County Clerk tot "B" a
David Lon ro-Tem f/.
BY:
Deputy Clerk to the Boar 27r et-C.>
M. J. G ile
TAPE #2002-19 AND #2002-20 EXCUSED DATE
�nOF�APPROVAL
J k YY
DOCKET#2002-40
3 cX z
Robert D. Masden
2002-1522
PL1602
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#632 - NATIONAL HOG FARMS, CIO UPLAND POINT, LLC, CIO JOHN KADAVY
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 06/04/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification of Sign Posting
F. Applicant Letter re: Conditions #1.A and #3.G
(06/12/02)
G. Applicant Letter re: Homeowners' Association, Well,
and Protective Covenants 06/12/2002)
H. Health Staff Memo re: Additional Condition (06/18/2002)
I. Applicant Copies of Slide Presentation and requested
changes to Conditions
J. Health Staff Proposed language
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