HomeMy WebLinkAbout20050848.tiff HEARING CERTIFICATION
DOCKET NO. 2005-69
RE: CHANGE OF ZONE, PZ #1071, FROM THE A (AGRICULTURAL)ZONE DISTRICT TO
THE PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR 833 SINGLE FAMILY
RESIDENTIAL LOTS,ALONG WITH AN ELEMENTARYSCHOOL SITE,70.08 ACRES OF
OPEN SPACE,AND CONTINUED OIL AND GAS PRODUCTION-MELODY HOMES, INC.
A public hearing was conducted on October 19, 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
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, Char Davis
Public Works representatives, Peter Schei and David Bauer
The following business was transacted:
I hereby certify that pursuant to a notice dated September 23, 2005, and duly published
September 28, 2005, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Melody Homes, Inc., dba DR Horton - The Melody Series, for Change of Zone,
PZ #1071, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for 833 single family residential lots, along with an elementary school site, 70.08 acres of
open space,and continued oil and gas production. 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 gave a brief description of the location of the site and surrounding
land uses, and noted the property is entirely within the Mixed Use Development (MUD) area. He
stated 23 referral agencies reviewed this proposal, 19 responded favorably or provided comments
that have been addressed in the Conditions of Approval, and staff received no correspondence
from surrounding property owners. He further stated the property is within the three-mile referral
area for the Cities of Longmont and Dacono, and the Towns of Frederick, Firestone and Mead.
He stated the City of Longmont recommends a three-mile buffer along Liberty Gulch, and the Town
of Mead wants the applicant to petition for annexation and complete improvements to the
intersection of Weld County Road 7 and State Highway 66 prior to the issuance of Certificates of
Occupancy for Filing I. He further stated the Town of Frederick indicated no comment, and the City
of Dacono stated this development is not appropriate for the area. Mr. Gathman stated the site will
be serviced by the Longs Peak Water District and the Saint Vrain Sanitation District. He stated the
development will be done in five phases, starting in the north and ending in the southeast corner.
He further stated the applicant has entered into a Surface Use Agreement with Anadarko, and they
are in the process of negotiating an agreement with Kerr-McGee Rocky Mountain Corporation. Mr.
Gathman stated the alleys in the original design have been removed to address concerns regarding
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setbacks raised at the Planning Commission hearing. He stated the redesign increased the size
of the adjacent lots, leaving only 150 lots which are less than 5,500 square feet. He stated there
will be 7.5 feet from the side property lines to the building outlines, with additional 2.5-foot
encroachment zones on the side and front setbacks, for a minimum of 10 feet between homes.
Responding to Commissioner Masden, Mr. Gathman stated the R-1 (Residential) Zone District
requires a 350-foot setback from oil and gas activities. He further stated staff is concerned with
potentially allowing 15-foot patios and decks, which would only leave a five-foot rear setback and
encroach into the 15-foot rear utility setback. He stated the applicant is also proposing to install
obelisk signs,which will require a size variance, and a waiver from the 350-foot oil and gas setback
to allow for a 200-foot setback. He stated livestock, outdoor parking, and carports will be
prohibited, the proposal does meet the open space requirement, and the applicant is proposing an
outdoor pool, roller rink, parks, trails, etcetera. Mr. Gathman stated because the design has been
modified since the Planning Commission hearing, staff recommends the Board consider this as a
conceptual application, which will require a hearing before the Board for the Final Plan. Mr.
Gathman reviewed a Memorandum, marked Exhibit L, which proposed modifications to the Draft
Resolution to provide clarification due to changes made since the Planning Commission hearing.
Responding to Commissioner Vaad, Mr. Gathman stated the side encroachments have already
been addressed separate from the proposed changes to the front and rear setbacks. In response
to Commissioner Geile, Mr. Gathman stated the applicant is requesting a 2.5-foot encroachment
into the front setbacks, the distance from the encroachment line to the property line would be 17.5
feet, the sidewalk will be outside of the property line, and there will be a 20-foot separation from
the structure to the street. In response to Chair Jerke, Mr. Gathman stated the sidewalk will be in
the public right-of-way, and the applicant is requesting County maintenance.
Peter Schei, Department of Public Works, stated there will be a five-foot sidewalk and 2.5 feet of
open space before reaching the street. Responding to Commissioner Geile and Chair Jerke, Mr.
Schei stated, if approved, Weld County would accept the internal streets for maintenance since
they are proposed to be built to County standards, including two 12-foot paved lanes, parking, and
curb and gutter on both sides within the standard 60-foot right-of-way. In response to
Commissioner Masden, Mr. Schei stated the 2.5 feet of open space will be in the public right-of-
way, and this is one of the last applications that was submitted for County maintenance prior to the
decision that roads could not be accepted without the formation of a Metropolitan District.
Char Davis, Department of Public Health and Environment,stated the development will be serviced
by the Saint Vrain Sanitation District and the Longs Peak Water District, which has agreed to
provide water in two of the park areas. She stated Phase II will include a pool and roller hockey
facility, and Phase V will have vault facilities for the park areas. In response to Chair Jerke, Ms.
Davis stated the Homeowners' Association will maintain the parks facilities. In response to
Commissioner Geile, Ms. Davis stated the water and sanitation services have been adequately
addressed.
Mr. Schei stated the development will be split by Weld County Road 7 and bordered on the north
by Weld County Road 28, which are both part of the County Strategic Plan. He stated staff has
been working with the applicant regarding the construction of Weld County Road 7 as a major
arterial, and the proposed future high school will require some agreements between the School
District, Town of Mead, and the developer regarding improvements to Weld County Road 7, north
of Weld County Road 26.5, up to State Highway 66. He explained that portion of road has been
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annexed by the Town of Mead and is no longer under the County's jurisdiction. Mr. Schei stated
there will be some reconfiguration to the intersection of Weld County Roads 7 and 28, and staff is
requesting Weld County Road 26.5 be constructed as a collector status road with 80 feet of right-
of-way. He stated the interior roads will be local roads, including a round-about to comply with
MUD standards, and the Drainage Plan has been reviewed. Commissioner Geile stated Weld
County Road 7 to State Highway 66 is gravel, and the Town of Mead has indicated it has
jurisdiction and will be responsible for paving. Responding to Commissioner Geile, Mr. Schei
stated the Town of Mead has annexed Weld County Road 7 down to Weld County Road 26.5;
however, Weld County Road 7 from Weld County Road 26.5 south to Weld County Road 26 will
be the responsibility of the developer. He stated the area north of Weld County Road 26.5 will
require joint agreements among the Town of Mead,School District, and the applicant. Responding
to Chair Jerke, Mr. Schei stated at this time there is not a formal agreement; however, the
annexation agreement between the School District and the Town of Mead addresses paving Weld
County Road 26.5 and Weld County Road 7 north to State Highway 66. He stated staff has asked
the applicant to come to an agreement with the School District and the Town of Mead to do off-site
improvements. He stated the development will be done in phases, and as certain thresholds are
met, additional improvements will be required. Commissioner Geile commented the Upper Front
Range Regional Planning Commission plans to install a traffic signal; however, Commissioner
Vaad clarified the traffic signal has already been installed. Mr. Schei reiterated the signal is in
place and staff has had discussions with the Colorado Department of Transportation (CDOT)
regarding the possibility of moving the signal or keeping the current location and including an
additional signal to the west. He stated the applicant is not required to make improvements west
of the property on Weld County Road 28. Responding to Chair Jerke, Mr. Gathman stated the
Planning Commission approved this application by a vote of six to two.
Ken Puncerelli, Land Architects, represented the applicant and stated they have been gearing their
proposal for approval of the Change of Zone with a Specific Development Guide for administrative
approval of the Final Plan. He displayed a PowerPoint presentation, marked Exhibit N, for the
record. He stated the western 188 acres were requested for inclusion into the MUD in 2004, and
he reviewed the development phases and how the design has evolved. Responding to
Commissioners Vaad and Masden, Mr. Puncerelli stated the ten-acre school site includes
associated ball parks and play grounds, and they have had ten meetings with the School District
regarding the site. He stated the applicant will be paying the school cap mitigation fees, as well
as making a land dedication, and the impact fees are dependant upon the capacity of the school
at the time fees are assessed; however,they will likely average around $2,000 per lot. He clarified
the 2.5 feet adjacent to the sidewalk allows additional space for the Department of Public Works
crews to do repairs and maintenance without technically being on private property,and he reviewed
the proposed signage. In response to Commissioner Geile, Mr. Puncerelli stated the pool will be
a 45-foot by 75-foot Junior Olympic pool, and maintenance, insurance, liability, and restrooms will
be the responsibility of the Homeowners' Association. He reviewed what improvements will be
included with each filing, and clarified there will be a minimum of 22.5 feet from the garage doors
to the sidewalk, and other lot sizes allow for even more distance. (Switched to Tape #2005-39.)
In response to Commissioner Masden, Mr. Puncerelli stated the parking for the pool will be shared
with the in-line skate park, and the narrow street will allow for one-way traffic to provide safe
pedestrian crossings. Responding to Commissioner Long, Mr. Puncerelli stated the traffic lane will
be 20 feet wide, which is adequate room for an emergency vehicle to pass regular vehicles;
however, it will be designated as one lane. He further stated the internal streets will be 44 feet from
each face of the curb to meet County MUD standards. In response to Chair Jerke, Mr. Puncerelli
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stated staff directed the applicant to meet with the mineral owner, and indicated the County would
be agreeable to reduced setbacks if the mineral owner expressed no concern. Mr. Morrison stated
because this is a PUD, the applicant is allowed to establish other standards. Responding to
Commissioner Vaad, Mr. Puncerelli stated there are no on-site detention facilities due to the close
proximity of existing water structures. He stated the 2.5-foot encroachment zone allows for
overhanging eaves, air conditioning units, or window wells. He further stated a typical lot has a 10-
foot rear utility easement and a five-foot front easement,and their proposal should not be in conflict
with utility providers. Mr. Puncerelli reviewed the current and future school facilities that will serve
the development, and stated the Law Enforcement Authority was previously approved by the Board
and is set for Ballot. He explained it will be stationed in Adler Estates for the benefit of the
surrounding area. In response to Chair Jerke, Mr. Puncerelli stated the homes will cost from the
mid $200,000 to mid $400,000, based on the lot size and square footage of the houses. In
response to Commissioner Masden,Mr. Puncerelli stated there will be a 200-foot setback from well
heads and tank batteries.
Cathy Leslie, Tetra Tech, reviewed the proposed off-site paving included with each of the phases,
traffic signals, and pedestrian crossings. Responding to Commissioner Vaad, Ms. Leslie stated
the traffic signal at State Highway 119 will not meet warrants until the proposed high school is
operating. She further stated as plans change and solidify in the area, the signal location will likely
move to the east or west to be consistent with the needs of the area. Responding to Chair Jerke,
Mr. Morrison stated the applicant is requesting approval of a Specific Development Guide and
administrative review of the Final Plan; however, that process must be granted by the Board.
Commissioner Geile commented the Town of Firestone will have jurisdiction south of Weld County
Road 26, and the Town of Mead will have jurisdiction to the north, and he wants to ensure the
decision of the Board during this phase of the project does not determine the absolute location of
the traffic signal. In response to Commissioner Geile, Ms. Leslie stated the School District does
have an agreement with the Town of Mead, and DR Horton is the contracting agent to complete
the work. She stated the applicant will pave Weld County Roads 7, 26, 26.5, and 28 adjacent to
the development, and be reimbursed by Mead and the School District for their portions of the
roadways. Responding further to Commissioner Geile, Ms. Leslie stated there will be a
Metropolitan District formed to finance the work; however, it is not intended to fund future
maintenance.
Linda Sweetman-King, Terra Vision, represented the applicant and reiterated they are requesting
approval of a Specific Development Guide, with the understanding that the Final Plans and
requests for vested property rights for the various phases will be reviewed by the Board. In
response to Ms. Sweetman-King, Mr. Morrison explained the Conceptual tract requires Board
approval of the Final Plan phases and the Commissioners will decide whether to create a vested
property right. The Specific Development Guide allows for staff approval of the Final Plan phases;
however,there is the option where the developer can come before the Board solely for the purpose
of requesting a vested property right.
In response to Commissioner Vaad, Ms. Leslie stated they will dedicate right-of-way to
accommodate the curve at the intersection of Weld County Roads 7 and 28. Responding to Chair
Jerke, Ms. Leslie stated Weld County Road 7 will be a four-lane arterial with 12-foot lanes, a center
median, bike lanes on the outside edges, and possible turn lanes, for a total of approximately 120
feet of right-of-way. In response to Commissioner Vaad, Mr. Schei added, initially, the developer
will pave two lanes of Weld County Road 7, and add additional lanes as the development
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progresses. Ms. Leslie reviewed the proposed cross section designs of the internal streets. She
stated initially there was no sanitary sewer service in the area, therefore, the applicant reviewed
the location of the service line. In response to Commissioner Geile, Ms. Leslie stated extending
the service line will require boring under Interstate 25, which will be undertaken by another
development that will be serviced first, and DR Horton will pay its proportional cost. She also
reviewed the location of the potable water service location, which will be payed for by DR Horton,
to be reimbursed as other developments need service. She stated the non-potable irrigation water
will be provided by the Longs Peak Water District, and an agreement is in place. Responding to
Chair Jerke, Ms. Leslie stated the applicant did complete a floodplain study of the Liberty Gulch and
found that retention is not required since the site naturally provides a peak reduction of the flows.
She explained it takes a significant amount of time for the overall area to drain to Liberty Gulch, and
they found it will be better for the site to drain directly into Liberty Gulch to get the water in and out
before the remainder of the drainage reaches the Gulch. She further stated the streets will be able
to handle storm flow, in conjunction with the proposed storm sewer system that will lead to swales
and then into Liberty Gulch. Ms. Leslie addressed mineral interests and reviewed the utility
easements required by the various service providers.
Mr. Puncerelli requested approval of the Change of Zone with a Specific Development Guide,with
the clear understanding that the Final Plan phases would come back before the Board for
consideration of the vested property rights. Responding to Commissioner Geile, Mr. Morrison
stated the Board is not being requested to approve a Metropolitan District Service Plan; however,
the Board's action will have an effect on the financing necessary to carry out the project. Mr.
Gathman stated the Planning Commission addressed the side setback issue; however, the front
and rear setback encroachments were not discussed. He reiterated staff is concerned that future
decks and patios will conflict with utility easements, and he reiterated there have been changes in
the design since the Planning Commission hearing. Responding to Commissioner Geile, Mr.
Gathman stated the Conceptual Development Guide process would provide an additional
opportunity for the Board to review each phase of the development, rather than just considering
the vested property rights. Mr. Morrison stated typically the two processes are combined; however,
in this case, the applicant could proceed without a request for vested rights and just proceed with
an administrative review. Mr. Schei stated it appears the Board's primary concern deals with the
signalization, and he clarified this is one of several developments coordinating with the Department
of Public Works. He stated regardless of the outcome for the Change of Zone and Final Plan, the
warrants for a traffic signal are based on traffic flow and when each surrounding development
generates the associated impacts.
No public testimony was offered concerning this matter. In response to Chair Jerke, Ms.
Sweetman-King stated they have reviewed and concur with a majority of the Conditions of
Approval; however, the applicant would like to request several modifications. She stated the
intersection of Weld County Roads 7 and 26.5 is not proposed to be a signalized intersection;
rather, just a typical school crossing with reduced speed limits in the school zone. Chair Jerke
stated he would prefer to see a stop light. Mr. Schei stated the Department of Public Works
reviewed the Traffic Impact Study and staff concurs with the applicant's interpretation of the term
"signalized" referred to on page 14, item H. Responding to Commissioner Geile, Mr. Schei stated
the speed limit will be 45 miles per hour. Mr. Schei stated the School District also had input on the
subject. Ms. Leslie stated for the short-term, there will be minimal traffic on Weld County Road 7
and none on Weld County Road 26.5, therefore, a traffic signal will not be warranted at this time.
She stated they plan to implement a typical school zone until the roads are expanded, and once
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the traffic volumes meet warrants, a light will be installed by the primary source of the traffic, with
the remaining uses paying a proportional share. Commissioner Vaad stated he supports the
phased concept of signalization, and Chair Jerke stated his primary concern is who will be
responsible for paying for the signal in the future. Ms.Sweetman-King stated#11 of the applicant's
Memorandum, marked Exhibit J, changes to ensure the requested standards are set versus using
the typical Code requirements. She explained they would like to obtain approval of the requested
setbacks, which determines how the lots are measured, so they can begin construction drawings
without the concern of future modifications that would result in significant cost and delays. In
response to Commissioner Vaad, Ms. Sweetman-King stated each lot has a twenty (20) foot rear
setback, and the applicant is willing to agree to never encroach in the ten(10)foot utility easement.
Mr. Gathman stated the Planning Commission discussed the size of the houses on the lots,which
generated discussion regarding the side setbacks; however,there was no firm resolution regarding
the rear and front encroachments. He suggested the applicant meet with staff to address the bulk
requirements prior to approval of the Final Plan, or possibly continue this case until the matter is
resolved. Commissioner Geile stated he does not want to continue this hearing because the
applicant has publically stated they are willing to work with staff to comply with setback
requirements, which can also be addressed in the Covenants. Ms. Sweetman-King stated the
discussion at the Planning Commission hearing resulted in eliminating the alleys. Mr. Puncerelli
clarified DR Horton has always maintained the five (5) foot clear zones, with the 2.5-foot
encroachment zone, for a total of 15 feet of separation between the homes. Commissioner Vaad
commented the issue of signalization referred to in item #10 of Exhibit J still needs to be
addressed. Mr. Morrison stated the County has the authority to ensure the applicant mitigates the
impacts as required by the Town of Mead. Mr.Schei stated the intersection of Weld County Roads
26.5 and 7 is under the Town of Mead's jurisdiction. He stated intent of the West 1-25 Parallel
Corridor is to be a thoroughfare rather than creating signalized intersections. Responding to
Commissioner Masden, Mr. Schei stated any finalized drainage concerns can be addressed at the
Final Plan, and he does not feel there are any outstanding critical issues at this time. David Bauer,
Department of Public Works, stated he agrees with the basic concept that the property does not
need a detention pond since the site can discharge and flow out through Liberty Gulch before the
upstream drainage reaches the system. He stated specific details regarding water quality and
water flows still need to be discussed prior to approval of the Final Plan.
Mr. Gathman referred to his Memorandum,dated October 18, 2005, marked Exhibit M, and stated
Conditions #1.A, #1.B, #1.D, #1.E, #1.F, #1.G, and #1.H can be deleted since the necessary
information has been submitted and approved, or addressed to staffs' satisfaction. He stated at
staffs'request,the applicant will be providing more information for the Geological Survey,therefore,
Condition #1.l needs to be deleted and moved to Condition #5.AA as a requirement prior to Final
Plan. He further stated Condition #1.J can be deleted and moved to become Condition #5.BB to
allow for clarification on the location of trees in relation to the utility easements. In response to
Chair Jerke, Ms. Leslie stated the trees will be in the individual lots not the right-of-way. Based on
that clarification, the Board agreed to strike the words "It is unclear if' from the new Condition
#5.BB.
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Mr. Gathman reviewed Exhibit L for the record. The Board indicated concurrence with item 1 to
modify the second sentence of reason 2.b.3. In response to Chair Jerke, Mr. Gathman concurred
the applicant is requesting ten feet of clear space aboveground and a 15-foot clear zone at ground
level. Mr. Morrison stated if the specifics are included in the Change of Zone Resolution,the Board
will have a limited capacity for making changes to these criteria at the Final Plan. Chair Jerke
indicated no concern with granting specific measurements on this issue to allow the applicant to
do design work in preparation for the Final Plan. Commissioner Geile expressed concern with the
language that indicates a 15-foot patio/deck, which may result in a five-foot setback; however,the
applicant has stated, for the record, that they would not encroach beyond 15 feet in the rear yard.
At the request of the Board Mr. Puncerelli stated the applicant has agreed not to encroach into the
utility easements. He stated there will be a 40-foot minimum, between the back foundation walls,
with two lots backing to one another. He stated, assuming the house foundation fills the building
envelope and they build a deck ten or fifteen feet, it cannot encroach into the ten-foot utility
easements. The Board agreed to add the proposed language to reason 2.b.3 as the third to last
sentence, and add, "Any deck or patio cannot encroach into the 10-foot utility easement"to the end
of the proposed language. The Board concurred with modifying reason 2.b.6 to replace "phases"
with "filings", and modifying the third sentence in reason 2.b.7 to replace"wide"with"tall" and add
a new fourth sentence to state, "The applicant is proposing two (2) 10-foot tall and two (2) 20-foot
tall obelisk sign monuments along Weld County Roads 27 and 7, and one (1) 10-foot tall obelisk
sign monument at the community pool site." The Board concurred with adding, "a major portion
of Liberty Gulch is located off of the property"to the end of the last sentence of reason#2.c.6, as
well as modifying the second sentence of reason #2.h to address the obelisk signs, and any
encroachments into the side, front, or rear setbacks. The Board also concurred with adding a
sentence to reason #3.f to further address signage. Mr. Gathman proceeded to review Exhibit L
by stating Condition #3.1 needs to be modified to replace "4-lane major arterial" with "collector
status road," and the Board agreed. In response to Chair Jerke, Mr. Gathman explained Weld
County Road 26.5 has been given a collector status classification because it is blocked by Liberty
Gulch to the west. He stated the next modification is to the second sentence of Condition#4.O to
provide further clarification. Responding to Chair Jerke, Mr Gathman stated those sections also
address signs for the commercial and industrial zone district, which will not be included in this
development. He further stated the sign standards in Chapter 23 of the Weld County Code are
pretty set; however, they would not apply to proposed obelisks,just to future signs, and the Board
concurred. The Board agreed to modify the third sentence of Condition#5.A.1 to replace the word
"base"with "basin," as well as modify the second sentence of Condition #5.K and Condition #5.L
to replace "28.5" with "26.5." Mr. Gathman stated the County Attorney's Office has proposed
language to be added as Condition#6.C to address the Southwest Weld County Law Enforcement
Authority(SWCLEA). Mr. Morrison stated if the vote is successful on the one-acre parcel, then the
developer will have to petition in the remainder of the development for inclusion into the SWCLEA.
In response to Ms. Sweetman-King, Mr. Morrison stated landowners are defined as those who pay
property taxes, or who pay property taxes under a contract to purchase. He stated if Melody
Homes owns the one-acre parcel, then someone authorized to sign for the corporation would sign
the petition, and as propose, the applicant can petition after the November 1, 2005, election, and
before recording the final plat. Following discussion, the Board agreed to modifying the first
sentence to read, "The (Development) shall present a unanimous petition of all land owners and
residents within the development, registered to vote in the State of Colorado..."with the remainder
of the text as originally proposed. Mr. Gathman stated the remaining items proposed by the
applicant were left out since they dealt with bulk standards. Regarding Condition#4.N, the Board
concurred with paragraph #11 of the applicant's memo, marked Exhibit J. Commissioner Geile
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addressed Condition #4.H, noted in item #10 of the applicant's letter, by stating although the
warrants don't currently justify signalization, he feels it does need to be added at some point during
this development. Commissioner Masden concurred with including the signal with the construction
of the high school, and helping the developer recoup some of their costs with future developers
paying a proportional share. Commissioner Long concurred. Chair Jerke commented the County
has done a lot of agreements that require proportional sharing and determine at which point the
work is done. Ms. Sweetman-King stated the School District has not requested a full signalized
intersection, and she questioned whether the Board is requesting a traffic signal in addition to
standard school zone signs. She stated the Town of Mead will have to approve the school zone
signs. Commissioner Geile suggested using the proposed language, with the understanding that
the applicant will work with staff to come to an understanding prior to the Final Plan. Mr. Morrison
expressed concern with including specifics that will prevent the Board from making changes in the
future. Commissioner Geile suggested requiring the applicant to develop a signalization plan
before the Final Plan. Mr. Morrison agreed, since the plan will also require input from the Town of
Mead and the School District. Responding to Ms. Sweetman-King, Chair Jerke stated the
Department of Public Works staff figures the proportional share amounts based on the impact of
developers in the area. Mr. Morrison stated, currently there is not enough data, and staff will need
to do an analysis. Mr. Schei proposed modifying Condition #4.H to require a signalization plan.
Chair Jerke suggested modifying the language to indicate the Board's intent for a signalized
intersection, with proportionate shares according to current traffic counts, it shall be installed when
the traffic volumes meet warrants, and the applicant needs to work with County staff and other
entities between now and the Final Plan. Mr. Morrison stated the Board has given clear
instructions, and left it to staff to coordinate the signalization plan with the applicant. In response
to Mr. Morrison, the Board indicated the plan should be ready at the Final Plan for Phase I,
although it may potentially be implemented at a later Phase. He suggested modifying Condition
#4.H to state, "At the first of the Final Plans to be filed, the applicant shall submit evidence that they
are prepared to provide a proportional share of the signalization costs at the pedestrian school
crossing at the intersection of Weld County Roads 7 and 26.5 to the future Saint Vrain school site."
In response to Commissioner Masden, Mr. Morrison stated the term "proportional share" allows
staff to determine the mechanism for getting the work done. Commissioner Masden stated he
wants to ensure the signal is installed regardless of whether all the remaining future users have
paid their share or not. Commissioner Vaad stated the language is vague as to when the signal
will be installed. Mr. Morrison stated, as proposed, the mechanism for installation and payment of
the proportional share will be in place regardless of when the intersection meets warrants. Mr.
Gathman stated staff still has concerns regarding front and rear setbacks and he requested a
meeting with the applicant to finalize bulk standards prior to recording the Change of Zone plat.
However, the Board agreed that although encroachment is allowed above ground, the front and
rear setback areas have been established at ground level.
In response to Commissioner Geile, Mr. Puncerelli stated the applicant did not apply for annexation
to the Town of Mead because the Intergovernmental Agreement was expired at the time of their
application. He stated due to the uncertainty of the processing of annexations in the Town of
Mead, the property owners had to make a contractual decision with DR Horton, therefore, they
proceeded with the County. He further stated the other half of the Adler property on the other side
of Weld County Road 7 was already in Weld County,therefore, it made sense to move forward with
the County.
Commissioner Vaad commented he would have preferred to have more of these items worked out
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with staff prior to today's hearing. Mr. Morrison stated the applicant has withdrawn its request for
a Specific Development Guide, therefore, the Board's vote will be for a Conceptual Development
Guide, which will require a hearing before the Board for each Final Plan of each phase. In
response to Commissioner Geile, Mr. Morrison stated the applicant will need to meet election
timing issues; however, the Service Plan will be submitted to the Board for consideration and, if
approved, it will be sent to the District Court, a petition will be accepted, with an election to be
supervised by the District Court.
There being no further discussion, Commissioner Vaad moved to approve the request of Melody
Homes, Inc., dba DR Horton - The Melody Series, for Change of Zone, PZ #1071, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 833 single
family residential lots, along with an elementary school site, 70.08 acres of open space, and
continued oil and gas production, based on the recommendations of the Planning staff and the
Planning Commission, with the Conditions of Approval as entered into the record and modified.
The motion was seconded by Commissioner Masden. (Clerk's Note: Following the hearing, the
applicant submitted an e-mail, which has been added to the file as Exhibit O, requesting additional
changes to the Resolution. The County Attorney's Office reviewed the request and found it
acceptable because the modifications are for consistency, not changing the intent of the Board.
Following additional input from Planning Services staff, the changes include deleting Condition
#3.D, since the alleys have been eliminated from the design, and modifying Condition#4.A to add
the same language proposed for reasons of approval #2.b.3 and #2.b.7 to address the setbacks
and signage, in detail, to be included as a note on the Change of Zone plat.)
Upon a call for the roll call vote, Commissioner Vaad voted for approval. He stated there is growth
in this area of the County, and although some of the transportation issues still need to be resolved,
he feels this is a well-planned project that will meet the needs of the area. He further stated as the
final placement of the arterial roads are determined, some of the decisions for annexation will
finalized. Commissioner Masden voted in favor of the application. Commissioner Long voted
favorably and stated he looks forward to reviewing the Final Plans and being able to allow citizen
input along the way. Commissioner Geile voted in favor of the application and stated it is
consistent with the intent of integrity of the Mixed Use Development area. Chair Jerke stated this
is a difficult vote, not to be taken lightly. He stated he has serious concerns with the amount of
traffic anticipated for Weld County Road 7, therefore, he voted against the application due to
various traffic concerns. There being no further discussion, the motion carried four to one, with
Chair Jerke opposed, and the hearing was completed at 5:05 p.m.
•
2005-0848
PL1792
HEARING CERTIFICATION - MELODY HOMES, INC. (PZ#1071)
PAGE 10
This Certification was approved on the 24th day of October 2005.
,,I oN, ��% APPROVED:
�` BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1861 ( � ;' .1♦�
ATTEST: Q), i er' _q��
�4: Q,►' �' 0\1 1 William H erke, Chair
Weld County Clerk o they / VI
U d �2U the . J. Ile l'ro-Tem
BY:
D I uty CI to the Boa e\ '� G
n
TAPE #2005-38 and #2005-39
VUU`
Robert D. Mas n QQ
DOCKET#2005-69 1 ,U t •
D Vaad
2005-0848
PL1792
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1071 - MELODY HOMES, INC., DBA DR HORTON - MELODY SERIES
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 08/16/2005
and 06/21/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Prior to Scheduling Items, dated
08/26/2005
F. Applicant 8X10 Change of Zone maps and CD with
maps in digital format
G. Planning Staff E-mail re: Correction to Draft Resolution,
dated 10/03/2005
H. Planning Staff Packet from Applicant re: Response to
Conditions of Approval, dated 10/05/2005
I. Planning Staff Modified 8X10 Change of Zone maps and
CD with maps in digital format, dated
10/05/2005
J. Applicant Letter of proposed clarifications, dated
10/12/2005
K. Planning Staff E-mail from Applicant re: Comparison of
Sketch and Change of Zone, dated
10/18/2005
L. Planning Staff Memo re: Modifications to Conditions of
Approval, dated 10/18/2005 (3 pages)
M. Planning Staff Memo re: Modifications to Conditions of
Approval, dated 10/18/2005 (1 page)
N. Applicant PowerPoint presentation and CD
O. Applicant E-mail re: Draft Reso changes, dated
10/20/2005
P.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF OCTOBER, 2005:
DOCKET#2005-13.A- JESS ARAGON, DBA TIMBERROCK LANDSCAPE
DOCKET#2005-69 - MELODY HOMES, INC, DBA DR HORTON /ADLER ESTATES
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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