HomeMy WebLinkAbout20053518.tiff HEARING CERTIFICATION
DOCKET NO. 2005-96
RE: CHANGE OF ZONE, MZ#1081, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO
THE E (ESTATE) ZONE DISTRICT FOR A NINE (9) LOT MINOR SUBDIVISION WITH
SINGLE FAMILY RESIDENTIAL LOTS - GOLD STONE CENTER, LLC
A public hearing was conducted on December 21,2005,at 10:00 a.m.,with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden - EXCUSED
Commissioner Glenn Vaad
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, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated December 2,2005,and duly published December 7,
2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Gold
Stone Center, LLC, for Change of Zone, MZ#1081, from the A(Agricultural)Zone District to the
E (Estate) Zone District for a nine (9) lot Minor Subdivision with single family residential lots.
Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke advised the
applicant's representative, Thomas Honn,that he has the option of continuing this matter to a date
when the full Board will be present. However, if he decided to proceed today, it will require three
affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record and
make the determining vote. Mr. Honn indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,and
gave a brief description of the location of the site and surrounding land uses. He stated 14 referral
agencies reviewed this proposal, and ten responded favorably or provided comments that have
been addressed in the Conditions of Approval and Development Standards. He stated staff received
two letters of opposition regarding traffic,dust,trash,crime,and infringement on wildlife habitat. He
stated the North Weld County Water District required dedication of a parcel for future use and
maintenance by the District as a pumping station. He further stated the water facility will be created
through the Subdivision Exemption process as a Condition of Approval for this application.
Mr. Gathman stated a portion of the property is within the 100-year floodplain, and the site will be
serviced by the North Weld County Water District and septic systems. He stated several Planning
Commissioners recommended the applicant consider redesigning the layout to ensure the area
east of,and including,the flood plain,will not be considered buildable lots,due to concern regarding
access in the event of a flood. Mr. Gathman stated the applicant has redesigned the layout to
designate the area east of, and including,the floodplain,as non-residential outlots. He stated the
applicant is also willing to propose a setback buffer to attempt to address the concerns of
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surrounding property owners. Mr.Gathman reiterated all lots will be west of the floodplain,and he
indicated the locations of surrounding residences. He stated the lots will not be shown on the plat
until the Final Plan application is submitted, and staff would like to propose some modifications to
the Resolution due to the redesigned layout. In response to Chair Jerke,Mr.Gathman indicated the
location of U.S. Highway 85,and stated Weld County Road 90 is paved and Weld County Road 29
is gravel. He stated the site is located approximately two miles from the Town of Pierce and 1.5
miles south of the Town of Nunn. He further stated the land has been used as agricultural dryland
in the past.
Pam Smith, Department of Public Health and Environment,stated the original design had two lots
located in the floodplain, with a minimum lot size of 3.9 acres. She stated since the Planning
Commission hearing,the applicant has submitted a revised plat,dated October 17,2005,showing
all of the lots outside the floodplain boundary. Ms. Smith stated based on the preliminary soils
report,she expects most of the lots will be suitable for conventional septic systems,although some
may require an engineered design. She stated as a result of the new design, Conditions of
Approval#1.C and#3.G can be deleted,and Condition#3.F should be modified to delete the phrase,
"(secondary only on Lot 2)".
Peter Schei, Department of Public Works, stated the site will be accessed from Weld County
Road 29, which is currently a local gravel road. He stated the applicant hired a traffic consultant
who indicated the development will not meet the 200-vehicle threshold for requiring dust
suppression. He further stated the applicant is proposing to pave the internal roadway for Gold
Stone Creek Minor Subdivision,which will have two twelve-foot lanes and four-foot gravel shoulders.
Mr.Schei stated Weld County will accept the road for maintenance following the one-year warranty
period, and the revised design addresses staffs' previous concerns. Responding to Chair Jerke,
Mr.Schei stated although it is nota requirement,the applicant is proposing to pave the interior road.
Thomas Honn, THinc., represented the applicant and stated the pending application before the
Board is the Change of Zone; however, he did proceed with the redesign to address concerns
expressed at the Planning Commission hearing. He stated the redesign will be submitted as part
of the Final Plan application. Mr. Honn stated the applicant intends to provide a 75 to 100-foot
setback along the north property line as a buffer for the neighbor, and he concurs with the
Conditions of Approval as proposed and modified. He stated a portion of the 80-acre site is within
the floodplain;however,all of the development will be located west of the floodplain boundary,with
the area to the east being designated as common open space to be maintained by the
Homeowners'Association. Mr. Honn stated the property is not irrigated, nor was it irrigated in the
past. He stated the proposed use is appropriate for the subject non-irrigated, non-prime piece of
property. Responding to Commissioner Vaad, Mr.Honn stated the applicant intends to sell the lots
for$300,000 to $400,000. In response to Commissioner Geile, Mr. Honn stated the area in the
floodplain will have to be determined prior to Final Plan, and the applicant has not contemplated
establishing a Conservation Easement. He stated the area within,and east of,the floodplain will be
designated as non-buildable open space on the plat, to be maintained by the Homeowners'
Association. Responding to Chair Jerke, Mr. Honn stated the non-buildable area will consist of
approximately 25 acres.
Chair Jerke recessed the hearing until 1:30 p.m. Upon reconvening, Crystal Dirkes,surrounding
property owner to the north, expressed concern with the location of the proposed development,
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which will still be in close proximity to the floodplain. Ms. Dirkes stated she moved into the area
in 1999, and since that time, her property has been flooded once. She stated the open space will
need to be mowed or grazed,and she questioned how the animals will be relocated from the east
pasture in the event of a flood. She further stated the property has been farmed with winter wheat
and sunflowers; however, the farm was sold following a drought. Ms. Dirkes also expressed
concern with the anticipated sales prices of the lots, which are significantly higher than the
surrounding properties. She stated Weld County is an agricultural community,and she believes in
the future of agriculture. In response to Commissioner Vaad, Ms. Dirkes stated she does have
livestock on her property. She stated the Town of Pierce did not supportthis proposal,the Planning
Commission was split five to three, and she is concerned with the safety and well-being of future
residents who may be unaware of the potential problems. Chair Jerke referenced the Planning
Commission minutes, which discussed the impacts of Spring Creek on Lots 5 and 6. Ms. Dirkes
stated Spring Creek is a dry creek; however, it is prone to flooding during severe storm events,and
it also flows through the Town of Pierce.
Ruby Scheller,surrounding property owner,stated the subject site has not been irrigated during the
past 57 years that she has lived in the area. She described several instances when Spring Creek
has flooded,and she does not feel it is smart to allow development near a floodplain. Responding
to Chair Jerke and Commissioner Geile, Ms. Scheller stated the Town of Pierce has been flooded
in the past,and there has been several floods since 1952. There being no further comments,Chair
Jerke closed public testimony.
Mr.Honn stated it is always difficult for existing residents to accept change;however,this area has
been divided into large rural acreages over the years. He stated he supports locating a group of
homes on non-prime land and preserving other areas for farming,and the four-acre lots will provide
future residents with a rural lifestyle experience. He further stated the Planning Commission
expressed concern with a road crossing the floodplain to access lots, and the Town of Pierce
indicated concern with the development impacting the floodplain. Mr. Honn stated the redesign was
done using the best practices and engineering information available to address the various
concerns. He stated there is a demand for rural residences, the proposal is compatible with the
Weld County Code criteria,and the lots are no longer within the floodplain. He stated the applicant
will continue to work with the neighbors,and they have even considered attaching the open space
area to one of the adjoining properties for their private use; however, he feels the Homeowners'
Association will be adequate for maintaining the area. Responding to Commissioner Vaad,
Mr.Honn stated the applicant's engineering design reflects the floodplain boundary established by
FEMA. Mr. Gathman stated Floodzone A is the 100-year boundary, Floodzone B is the 500-year
boundary, and Floodzone C is out of the designated floodplain area. Responding further to
Commissioner Vaad, Mr. Gathman stated issues,such as flood-proofing,will be addressed in the
Final Plan. In response to Commissioner Geile,Mr.Honn stated Lots 1 through 4 are situated along
the north site of the property, they will be approximately 450 feet deep, the residences will be set
back from the road, and small agricultural accessory structures will be allowed. He further stated
the Estate District designates what will be allowed, the Covenants likely will restrict the lots to two
animal units, there will be potential for small agricultural structures,and the remaining details will
be further defined for the Final Plan application. Responding to Chair Jerke, Mr. Honn stated the
agricultural structures will comply with Building Code regulations,they will require foundations,and
the houses will have either attached or detached garages.
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In response to Chair Jerke,Mr. Honn stated he and the applicant have reviewed and concur with the
Conditions of Approval and proposed changes from staff. He further stated he would like to have
future discussions regarding when school impacts fees must be paid, since some Districts want
the fees paid up front, versus when the building permits are issued. Chair Jerke stated he
appreciates the applicant's comments and suggested alternatives. Mr.Schei stated Conditions of
Approval #3.E and #3.Q are no longer relevant due to redesign and can be deleted.
In response to Ms.Scheller,Commissioner Jerke stated the Change of Zone will not effect how the
surrounding properties are assessed for taxes.
Commissioner Geile stated his primary concern dealt with flooding of the subject property,as well
as the Town of Pierce; however, some of those concerns may have already been addressed with
bridges which have been constructed along the railroad that crosses the area. He stated other than
historical observations,there are no documents showing the development is within the floodplain,
and the new design shows the building envelopes will be situated away from the northern property
line.
Commissioner Vaad stated he appreciates the neighbors'concern regarding more residences in
the area; however, there is no evidence that crime will increase, dust within the development will
be controlled by paving the internal road, and there will be additional weed control through the
Homeowners' Association. He stated the previous owner sold the land, since it was no longer
economical to farm, and the current owner has indicated a willingness to accommodate the
neighbors with the locations of building envelopes and use of the non-buildable outlot.
Commissioner Long concurred with the previous comments. He stated he feels the low-density
nature of the proposal will be compatible with the surrounding rural residential uses. He further
stated although there is some risk for flooding, the applicant can make the necessary
accommodations, which is in their best interest to get the best return on their investment.
Chair Jerke concurred with the previous statements, and stated the applicant has worked to
address the floodplain issue. He stated although this is a higher density than the surrounding
properties,the four-acre lots will likely attract residents seeking a rural lifestyle. He suggested the
applicant and staff consider placing the septic envelopes away from the floodplain boundary.
Commissioner Geile commented the Final Plan will review issues such as building envelopes and
use of the outlot,and the applicant will need to ensure the various issues of concern are mitigated.
Commissioner Geile moved to approve the request of Gold Stone Center, LLC,for Change of Zone,
MZ#1081, from the A(Agricultural)Zone District to the E (Estate)Zone District for a nine(9) lot
Minor Subdivision with single family residential lots,based on the recommendations of the Planning
staff and the Planning Commission,with the Conditions of Approval as entered into the record. His
motion included deleting Conditions of Approval #1.C, #3.E, #3.G, and #3.Q, and modifying
Condition #3.F to delete the phrase "(secondary only on Lot 2)." The motion was seconded by
Commissioner Long, and it carried unanimously. There being no further discussion, the hearing
was completed at 2:15 p.m.
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This Certification was approved on the 28th day of December 2005.
I,,I r ft% APPROVED:
.v7: �� BOARD OF COUNTY COMMISSIONERS
r no i' ,�``ati 1L WELD COUNTY, COLORADO
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ATTEST: ge, !:. �'. T '� /�
p� William H. J e, Chair
Weld County Clerk to the,•(:,,'` p1 I1
Vail dYI1 . J. 1e, r ��
BY: �s./JI
D uty CI to the Boar
David E. Long
TAPE #2005-50 EXCUSED
Robert D. en
DOCKET#2005-96
Glenn Vaad -
2005-3518
PL1810
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF DECEMBER, 2005:
DOCKET#2005-95 - LOVELAND READY MIX CONCRETE, INC.
DOCKET#2005-94 -WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.
DOCKET#2005-96 - GOLD STONE CENTER, LLC
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EXHIBIT INVENTORY CONTROL SHEET
Case MZ#1081 - GOLD STONE CENTER, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 10/04/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum re: Items prior to scheduling,
dated 11/08/2005
F. Planning Staff E-mail forwarded from Applicant re: Revised
Plat, dated 11/08/2005
G. Planning Staff Certification and Photo of sign posting
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