HomeMy WebLinkAbout20050650.tiff HEARING CERTIFICATION
DOCKET NO. 2005-19
RE: CHANGE OF ZONE, PZ#1043, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR EIGHT (8) LOTS
WITH E (ESTATE) ZONE USES, AND ONE (1) LOT WITH A (AGRICULTURAL) ZONE
USES - SHERRY LAWLEY
A public hearing was conducted on March 23, 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 - EXCUSED
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, Sheri Lockman
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated February 25,2005,and duly published March 2,2005,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Sherry Lawley
for Change of Zone, PZ#1043, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for eight (8) lots with E (Estate) Zone uses, and one (1) lot with A
(Agricultural)Zone uses. Lee Morrison,Assistant County Attorney, made this a matter of record.
Chair Jerke advised the applicant's representative,Jeff Couch,TEAM Engineering,that he has the
option of continuing this matter to a date when the full Board will be present. However, if he decides
to proceed today, it will require three affirmative votes, or the case will be deemed denied. Mr.
Couch indicated he would like to proceed today.
Sheri Lockman, 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. She
gave a brief description of the location of the site and surrounding land uses, and displayed
photographs of the area. She stated the Nazarenus Ditch easement consists of 120 feet to the west
and 50 feet to the east from the center of the ditch. She stated there is a dispute regarding what
rights were granted by the Right-of-way and Easement Agreement, and although there has been
some discussion regarding the matter,she is not aware of an agreement between the applicant and
the Ditch Company. Ms. Lockman stated staff supports the applicant's request for an administrative
review of the Final Plan, and, if approved, she requested the Board's motion indicate whether an
administrative review will be allowed. Responding to Chair Jerke, Ms. Lockman stated the overall
parcel is 114 acres, and the large lot will also have E (Estate)Zone uses because the applicant
does not want the large number of animals that would be allowed in the A(Agricultural)Zone District.
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Pam Smith, Department of Public Health and Environment, stated the preliminary analysis of the
site indicated conventional septic systems will be adequate due to the large lot sizes. She stated
the smallest lot is four acres and she is not requiring septic envelopes on this development.
Peter Schei, Department of Public Works, stated typically internal roads are paved; however,the
applicant is requesting a paving waiver due to the proximity to adjacent gravel roads. He stated the
Department of Public Works concurs with the request,with the understanding that maintaining the
internal road will be the responsibility of the Homeowners' Association. Mr. Schei stated Weld
County Roads 55 and 72 are adjacent to the site and it is a considerable distance from paved
roadways. He stated Weld County Road 55 is currently stabilized, and due to the anticipated
amounts of traffic,the applicant will be required to participate in paving their portion of Weld County
Road 55. Responding to Commissioner Geile,Mr.Schei stated the internal road will be maintained
by the Homeowners'Association in perpetuity. In response to Chair Jerke,Mr.Schei stated he has
not figured the percentages at this time; however, the application indicates the development will
generate approximately 77 vehicle trips per day,and the applicant's participation amount will be in
proportion to the background traffic. He stated the applicant will be responsible for paving three
miles of Weld County Road 55 between Weld County Road 74 and State Highway 392. He further
stated staff typically drafts a five-year agreement under which the applicant escrows money from
the sale of lots,and the County is the responsible agent for completing the paving. He stated if the
work is not done at the end of five years, the money will be returned. He further stated the terms
of the agreement have been reviewed with the applicant and their engineer,as well as documented
in his memorandum in the file, and the final amounts will be determined at the Final Plan phase.
Mr. Couch stated they have talked with the Nazarenus Ditch Company regarding the ditch
easement. He stated the Ditch Company originally sold the subject property to the applicant, and
the initial design showed lot lines which extended through the ditch easement. He stated the Ditch
Company felt it had complete use of the easement and wanted the area fenced off. Mr. Couch
displayed an altered site design,marked Exhibit I,which includes the ditch easement with the large
tract on the north, flips the lots so only three lots are adjacent to the easement, and shifts the
roadway. He stated the Ditch Company also objected to any discharge into the ditch, therefore,
drainage will be directed to a detention area on Lot 1 and then released at historic rates into the
County borrow ditch on Weld County Road 72. Responding to Chair Jerke, Mr. Couch stated the
flow will be reduced from the 100-year historic flow to a 5-year flow, Lot 1 is 3.05 acres, and he has
no concern with the reduced size of Lot 1 for real estate purposes. He stated the lots are designed
to propose septic envelopes at the front so it will be easier to connect to public sewer in the future.
He further stated including the ditch easement with the large 80-acre lot simplifies the situation
because the Ditch Company will only have to deal with one property owner. Responding to
Commissioner Geile, Mr.Couch stated the Covenants have not been completed; however,they will
be shown on the construction plans,and a drainage easement leading to the detention area will be
shown on the final plat. He stated the Homeowners'Association will maintain the detention pond,
in addition to the roadway. He further stated the applicant owns the ground, the Ditch Company
owns the surface rights, and in their view,they have exclusive rights similar to full ownership. He
stated the applicant would like to seed and maintain the easement; however, the Ditch Company
wants that duty. Responding further to Commissioner Geile, Mr.Couch stated the back of the lots
will be fenced because the easement will be part of a separate parcel. He further stated there will
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be two hydrants with adequate water flow, they will provide a wider entrance for the school bus,
emergency vehicles and mail delivery vehicles to turn around, and they can also enter the
development and use the cul-de-sac to avoid turning at the dead end on Weld County Road 72. Mr.
Couch stated the concerns from the Colorado Division of Water Resources have been resolved,
and they are working with the Division of Wildlife to address prairie dogs, vegetation, and other
wildlife issues.
Dennis Egge,vice-president of the Nazarenus Ditch Company, stated the Planning Commission
requested the applicant come to an agreement with the Ditch Company before the Commissioners'
hearing; however, they did not come to an agreement. He stated the revised design was just
proposed today and he requested an opportunity for review before a decision is made. In response
to Commissioner Geile, Mr. Egge stated they have an exclusive easement right-of-way which was
written at the time of sale to the applicant,which is 120 feet west and 50 feet east of the centerline
of the ditch. He stated this is a concrete-lined ditch,and maintenance of the easement and fence
should be the responsibility of the Ditch Company to avoid conflicts and liability issues. In response
to Chair Jerke, Mr. Egge stated 75 percent of the farms served by the Nazarenus Ditch are located
past this point,with only two or three farms prior to this location,therefore,the water level is still very
deep, with approximately 500 to 600 acres yet to be irrigated past this point.
Mr. Couch stated the ditch has been concrete lined to better serve members of the ditch, and as
a result of the new site design,the applicant is not opposed to the Ditch Company maintaining the
area. He stated they intend to fence the east property lines, and they will work with the Ditch
Company regarding the type of fencing that is suitable for ditch burning. He further stated the
Drainage Plan is not yet complete; however, he confirmed the drainage design will bypass the
Nazarenus Ditch. In response to Commissioner Geile, Mr. Couch stated if the applicant cannot
come to an agreement with the Ditch Company, the Final Plan could come back to the Board for
final review.
Brent Coan of Otis, Coan and Stewart, LLC, represented the applicant and stated they view the
terms of the underlying easement as the agreement between the parties. He stated the change in
the design was an attempt to address the concerns of the Ditch Company, therefore, the only
outstanding issue is the type of fencing material that will be used. He stated it is unclear what
another agreement would address. Chair Jerke commented the fence will need to be made of
material that won't burn,and the applicant has indicated they are willing to turn maintenance duties
over to Ditch Company. Mr. Coan stated they are considering five-strand metal fencing along the
easement and the north property line, as well as a cattle guard to allow the ditch rider access
without gates. Commissioner Geile stated a Condition of Approval would help ensure that it all gets
done. Mr.Coan stated the applicant is willing to come back to the Board if the Condition is specific
as to the type of fencing; however, requiring a written agreement may result in a whole new list of
issues from the Ditch Company. Commissioner Vaad stated he agrees to allowing an
administrative review of the Final Plan, and if there are still outstanding issues, there is a better
venue for resolving the matter than for the Board to try and determine the terms of the easement.
Mr. Coan stated the redesign removes the potential for conflict in the future between the Ditch
Company and individual lot owners. Responding to Chair Jerke, Mr. Coan stated he and the
applicant agree with the Conditions of Approval, with one minor change. Ms. Lockman stated
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Condition of Approval#2.S was removed at the Planning Commission hearing; however, it did not
get changed in the Resolution. She stated a corrected Planning Commission Resolution has been
included in the file and Condition#2.S can be deleted from the Draft Resolution. Mr.Coan explained
the property owner leased the mineral rights to a company that came in and drilled in the larger lot.
He stated the lease includes development of the property; however, it excludes surface access,
therefore,they are only allowed to directional drill and an agreement is in place. The Board indicated
agreement with deleting Condition #2.S. Commissioner Geile stated if there is still an issue
between the applicant and the Ditch Company,he would prefer this matter come back to the Board
for the Final Plan. Commissioner Vaad stated if the issue is not resolved at the Final Plan, one of
the parties will go away unsatisfied, and then it will go to the proper venue for resolution. Mr.
Morrison stated the agreement should be specific to the fence design, drainage, access, and
maintenance of the fence. Mr.Couch requested an administrative review unless the agreement is
not resolved, and the Board concurred. He reiterated the agreement will address long-term
maintenance of the fence, type of fence, drainage, and access. Responding to Mr. Coan,
Commissioner Geile clarified the issue of access should address access by the Ditch Company,
as well as the land owner. Ms. Lockman proposed the addition of Condition of Approval#4.A to
state,"The applicant shall submit evidence that a ditch agreement covering drainage review by the
Nazarenus Ditch Company,fencing type, responsibility for maintenance and installation of fencing,
maintenance of the strip of ditch right-of-way, and access for the ditch and maintenance of that
area. If the agreement is not reached,the Board of County Commissioners shall review the Final
Plan,"and relettersubsequent paragraphs. Mr.Morrison suggested adding,"otherwise the Board
supports an administrative review." Ms. Lockman stated the record needs to reflect that there are
only eight lots, and the reference to an agricultural lot should be eliminated.
Commissioner Geile moved to approve the request of Sherry Lawley for Change of Zone, PZ#1043,
from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for eight
(8) lots with E (Estate) Zone uses, 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 the deletion of Condition#2.S,adding a new Condition#4.A to state,"The applicant shall
submit evidence that a ditch agreement covering drainage review by the Nazarenus Ditch Company,
fencing type, responsibility for maintenance and installation of fencing, maintenance of the strip of
ditch right-of-way, and access for the ditch and maintenance of that area. If the agreement is not
reached, the Board of County Commissioners shall review the Final Plan, otherwise the Board
supports an administrative review,"and eliminating any reference to a lot with A(Agricultural)Zone
uses. The motion was seconded by Commissioner Vaad,and it carried unanimously. There being
no further discussion, the hearing was completed at 11:40 a.m.
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HEARING CERTIFICATION - SHERRY LAWLEY (PZ#1043)
PAGE 5
This Certification was approved on the 28th day of March 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
4 WELD COUNTY, COLORADO
;fL . M� AWilliam . Jerke, Chair
/7), Meld i] ty Clerk to the Board
QC CA>
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Board EXCUSED
David E. Long
TAPE #2005-18 EXCUSED
b Ro/ s
rilf
DOCKET#2005-19
Glenn Vag. —
2005-0650
PL1765
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1043 - SHERRY LAWLEY
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 12/07/2004)
D. Clerk to the Board Notice of Hearing
E. Office of State Engineer Letter dated 02/14/2005, addressing
Condition #1.A prior to scheduling
F. Melvin Dinner Letter re: Nazarenus Lateral Ditch
Company, dated 02/21/2005
G. Planning Staff Certification and Photo of sign posting
H. Applicant Letter requesting Administrative Review,
dated 03/18/2005
Applicant Site map
J.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF MARCH, 2005:
DOCKET#2005-21 -GARY AND JUDY HARDLESS
DOCKET#2005-19 -SHERRY LAWLEY
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