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Home My WebLink About20053353.tiff HEARING CERTIFICATION DOCKET NO. 2005-89 RE: CHANGE OF ZONE, PZ#1089, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, ALONG WITH TWO AGRICULTURAL OUTLOTS AND COMMON OPEN SPACE, SIERRA ACRES - MBM ENTERPRISES, LLC A public hearing was conducted on December 7, 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, Kim Ogle Health Department representative, Pam Smith Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated November 10, 2005, and duly published November 16, 2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of MBM Enterprises, LLC, for Change of Zone, PZ#1089, from the A(Agricultural)Zone District to the PUD (Planed Unit Development) Zone District for nine (9) residential lots with E(Estate)Zone uses, along with two agricultural outlots and common open space-Sierra Acres. 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. He stated the site will be serviced by the North Weld County Water District and individual septic systems,and he gave a brief description of the location of the site and surrounding land uses. Mr. Ogle stated 17 referral agencies reviewed the proposal,and 15 responded favorably,or provided comments that have been addressed in the Conditions of Approval and Development Standards. He stated the site is not within an Intergovernmental Agreement or Urban Growth Boundary area; however, it is within the three-mile referral area for the Towns of Severance and Windsor and City of Greeley. He stated the Town of Severance had no comment regarding the proposal; however,the Town of Windsor and City of Greeley provided comments specific to future road right-of-way reservation, limiting the number of ingress/egress points, and providing pedestrian access along the Greeley#2 Ditch. Mr. Ogle stated staff received two telephone inquiries, one request for review of the file, and no correspondence from the surrounding property owners. He referred to a letter from the applicant, dated November 15,2005, marked Exhibit F,requesting the modification of Condition of Approval #3.O, regarding Auxiliary Quarters, and the deletion of Conditions of Approval#3.Y,#6.E,#1.A.9, #1.A.2, #6.K, #1.A.6, and #1.A.6. Responding to Commissioner Geile, Mr. Ogle stated the 2005-3353 (C jL Pw t'rC PL1803 HEARING CERTIFICATION - MBM ENTERPRISES, LLC (PZ#1089) PAGE 2 non-buildable outlots will retain their Agricultural Zoning and will allow for agricultural outbuildings. In response to Chair Jerke, Mr. Ogle stated the applicant will own the outlots, and the plat would have to be amended before the outlots could be designated as buildable. Pam Smith, Department of Public Health and Environment, stated the minimum lot size is two acres,with an overall density of one septic system per 7.7 acres. She stated a majority of the site is suitable for conventional septic systems;however,she is requesting primary and secondary septic envelopes on the lots. In response to Chair Jerke, Ms. Smith stated the envelopes were requested since some of the lots will be less than 2.5 acres, with the potential for livestock. Peter Schei, Department of Public Works, stated the site will be accessed from Weld County Road 27,which is classified as a strategic arterial roadway. He stated the applicant has reserved the appropriate right-of-way, and the internal road will be paved, with four-foot gravel shoulders. In response to Commissioner Geile, Mr.Schei stated the applicant has complied with the request from the Colorado Department of Transportation (CDOT) for 100 feet of right-of-way from the centerline of State Highway 392. He reiterated the development will be accessed from Weld County Road 27,on the east,and the north and south portions of the site will be designated as outlots. He stated staff is requesting one interior roadwayforthe homes,and ditch or oil and gas accesses will have to be maintained for the historical uses. Responding further to Commissioner Geile,Mr.Schei stated, in this case, Weld County has jurisdiction and monitors the access policies regarding the existing agricultural,oil and gas,and ditch accesses along Weld County Road 27. In response to Commissioner Masden, Mr. Schei stated the internal road will be paved to County standards and accepted for maintenance following the one-year warranty period. Responding to Chair Jerke, Mr. Schei stated this portion of Weld County Road 27 is considered the northern most portion of Two Rivers Parkway, and the applicant has reserved the necessary 70 feet of right-of-way. In response to Commissioner Masden, Mr.Schei stated the intemal road will be approximately 1,200 feet in length. Mr. Ogle added the Windsor-Severance Fire Protection District is requesting a secondary access through the northern outlot, which is addressed through the application. Anne Best-Johnson, Todd Hodges Design, LLC, represented the applicant and gave a brief description of the location of the site. She stated one mineral owner contacted their office and expressed concern with the omission of her information on the contact list. Ms.Johnson reviewed the surrounding land uses,and stated the concerns of the neighbor to the west will be addressed through the Covenants as part of the Final Plan application. She stated the entrance will include a landscaped island, Outlot 4 will include the mail kiosk, and Outlot 2 will contain the bus shelter, which has been approved by Weld School District RE-4. She further stated the entrance median, identification sign,and drought-tolerant landscaping are addressed in the Landscape Plan,which has been approved by staff. Ms. Johnson stated the applicant has worked diligently with referral agencies and staff to mitigate a majority of the concerns prior to the Board's hearing, and she reviewed compliance with the Code criteria for the record,as detailed in Exhibit H. She stated the entrance design was modified to provide an adequate turning radius for the school bus,therefore, the plat notes need to be modified to reflect the reduction of Outlot 4 from .08 acres to .02 acres, and increase of Lot 1 from 5.4 to 5.8 acres. Responding to Commissioner Masden, Ms. Johnson stated the School District cash-in-lieu fee is approximately $1,000.00, and the Homeowners' Association will be responsible for maintenance of the roads and open space, as a Metropolitan District is not proposed. In response to Commissioner Geile, Ms.Johnson indicated the locations of the existing agricultural, oil and gas, and ditch accesses, as well as the proposed primary and 2005-3353 PL1803 HEARING CERTIFICATION - MBM ENTERPRISES, LLC (PZ#1089) PAGE 3 emergency accesses. In response to the request from the City of Greeley,Ms.Johnson stated the applicant would like to retain all existing accesses. Responding to ChairJerke, Ms.Johnson stated there is no eminent use proposed for the agricultural outlots; however, the use could be modified through an amendment to the PUD. John McEntee, owner/applicant, stated Outlot 3 is leased by the Podtburg Dairy and planted with alfalfa, and Outlot 1 will be planted with natural grass. In response to Chair Jerke, Mr. McEntee stated the lots are considered dry land,since there are no water rights associated with the property. Responding to Chair Jerke regarding Condition of Approval #3.O, Ms. Johnson stated Auxiliary Quarters are allowed if they are not rented out by the principal owner. She requested Condition of Approval#3.O be amended to allow Auxiliary Quarters on all the lots, rather than just Lots 1 and 2. She stated the applicant has met with oil and gas operators who indicated they will install the appropriate fencing,therefore,Condition of Approval#3.Y can be deleted. She stated Conditions of Approval #6.E and #1.A.9 have been addressed and can be deleted, Conditions of Approval #1.A.2 and#6.K are not applicable and can be deleted,and the Landscape Plan has been approved by staff,therefore,Condition of Approval#1.A.6 can be deleted. She further stated the applicant is requesting an Administrative Review of the Final Plan,and Condition of Approval#3.A should be modified to reflect the current lot sizes due to the redesign of the entrance. Joseph Plummer,Windsor Planning Department, stated Mr. Ogle indicated the Town of Windsor requested a reservation of right-of-way; however, the recommendation was for dedication of right-of-way. He requested the referral responses be presented verbatim to prevent misrepresentation. Mr.Morrison explained the dedication of right-of-way provides the opportunity to assume legal title to the property once it is accepted,whereas, a reservation does not transfer title. He further stated a reservation seeks to treat setbacks as if the right-of-way were in place to be acquired in the future, if necessary. He stated dedication is unconstitutional unless the County can prove that the right-of-way is needed due to the intensity of the subject development. Chair Jerke stated the County does not want to condemn the land unless it is immediately necessary,and the reservation keeps the right-of-way available for the future. Mr. Plummer stated his intent was not to oppose the County policy,but to request an accurate representation of the recommendation from the Town of Windsor, which had no conflict with the application. Dave Dimitt,surrounding property owner,stated he supports the request,although his property will be most impacted, and he appreciates the applicant's efforts and willingness to work with the neighbors. Mr. Dimitt expressed concern with the lack of building envelopes,due to the size of the lots,and requested the envelopes be shown on the plat,preferably located in the center of the lots. He also requested the construction of a fence along the property line to prevent future residents from entering his property,and questioned whether the emergency access will be an all-season access. There being no further testimony, Chair Jerke closed public testimony. Ms. Johnson stated the secondary emergency access will be an all-season access, and fencing and building envelopes will be addressed in the Covenants at the Final Plan phase. Anthony Brigham,owner/applicant,stated they will propose split-rail fencing to be installed by the lot owners,and the building envelopes will be within the front 40 percent of the lots,along the internal road. Responding to ChairJerke,Ms.Johnson stated there will be a fence along the west property 2005-3353 PL1803 HEARING CERTIFICATION - MBM ENTERPRISES, LLC (PZ #1089) PAGE 4 line, and the mechanism for payment and construction will be proposed at the time of Final Plan. Responding to Commissioner Masden, Ms. Johnson stated the Covenants will address home construction standards. In response to ChairJerke, Ms.Johnson stated she and the applicant have reviewed, and concur with, the Conditions of Approval, as proposed and modified. Chair Jerke referred to Condition of Approval#3.O and expressed concern with how the Auxiliary Quarters will be handled if the lots are rented. (Switched to Tape #2005-46.) In response to Commissioner Long, Ms.Smith stated the applicant is asking for a waiver,since the request does not meet the definition of an Auxiliary Quarter,due to the lot size restriction. She stated the quarters would be part of the primary residence,such as a garage apartment,and both would be connected to the same septic system. Commissioner Vaad stated the Board did consider a Use by Special Review Permit for an Auxiliary Quarter,which resulted in subsequent conversations regarding the Board's intent to assist County residents with housing their aging parents or older children. He stated the issue of rental properties still needs to be addressed;however,he agrees with the overall request. Commissioner Geile concurred and stated he feels the Homeowners' Association has a vested interest in how the Auxiliary Quarters will be used, which can be addressed in detail at the Final Plan. Responding to ChairJerke,Mr. Morrison stated the definition of Auxiliary Quarters is allowed as an accessory use in the Agricultural Zone District,not the Estate Zone District. He further stated since this is a PUD, the applicant is not bound to one particular Zone District. In this case, the applicant is proposing the creation of a District that allows Auxiliary Quarters. He stated if the Board allows Auxiliary Quarters,they would be included with the Final Plan, at which time the Board will review the design. Todd Hodges,Todd Hodges Design,stated Auxiliary Quarters are allowed as a Use by Right in the A (Agricultural) Zone District; however, they are not allowed in the E (Estate)Zone District. He stated there have been other instances where Auxiliary Quarters have been allowed on 1.5-acre lots,with the specific uses addressed through the Covenants. Mr. Hodges stated, in this case,the Covenants will address rental properties,fencing,and construction design. He stated the Board will have the opportunity to review the Covenants when the Improvements Agreement and collateral are presented. Responding to Commissioner Geile, Mr. Hodges stated he understands the restrictions in the Code pertaining to Auxiliary Quarters;however,there are only a couple of lots that do not meet the 2.5-acre requirement. He stated they would be willing to incorporate the exact text of the Weld County Code into the Covenants to ensure there is no confusion regarding the use of an Auxiliary Quarter. Mr.Morrison clarified the Covenants are reviewed by the County Attorney's Office,and the Commissioners do not see the Covenants unless they review the Final Plan application. He stated the use of an Auxiliary Quarter would be enforceable by the County if it is specifically addressed in this application. He explained if a lot is rented, there would only be one lease and rental income. Commissioner Long stated he supports the applicant's request. In response to Chair Jerke, Ms. Johnson requested Condition of Approval#3.O be amended to state,"Auxiliary Quarters,as defined by Section 23-1-90.D of the Weld County Code, shall be adhered to on all lots,with the exception of the minimum lot size requirement." The Board indicated agreement with the proposed modification and deletions, and granting an Administrative Review. 2005-3353 PL1803 HEARING CERTIFICATION - MBM ENTERPRISES, LLC (PZ#1089) PAGE 5 Commissioner Long moved to approve the request of MBM Enterprises, LLC,for Change of Zone, PZ #1089, from the A (Agricultural) Zone District to the PUD (Planed Unit Development) Zone District for nine(9)residential lots with E(Estate)Zone uses,along with two agricultural outlots and common open space-Sierra Acres, 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 modifying Condition of Approval#3.O to state,"Auxiliary Quarters,as defined by Section 23-1-90.D of the Weld County Code, shall be adhered to on all lots, with the exception of the minimum lot size requirement,"deleting Conditions of Approval#3.Y,#6.E,#1.A.9,#1.A.2,#6.K,and #1.A.6, renumber or relettering as appropriate, and allowing an Administrative Review. (Clerk's Note: Condition#3.A was modified to reflect 0.3 acres of open space due to the revised entrance design.) The motion was seconded by Commissioner Vaad, and it carried unanimously. There being no further discussion, the hearing was completed at 11:15 a.m. This Certification was approved on the 12th day of December 2005. APPROVED: pt\ ' !' ?)ARD OF COUNTY COMMISSIONERS `�4 =++ D COUNTY, COLORADO _�® ' 361 t :S tl♦f _ ATTEST: &d:4 / ��4. '� „pity.fizis Weld County Clerk to the Boa ' ® am H. rke, Chair<if BY. l�n C Sil}M . eeile, ro-Tem D uty C rk to the Bblard D• •. E. Long TAPE #2005-45 and #2005-46 , i• �,y Robert . Masden DOCKET#2005-89 Glenn Vaad 2005-3353 PL1803 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1089 - MBM ENTERPRISES, 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. Clerk to the Board Memo re: Waiver of 45-Day Scheduling Deadline, dated 10/26/2005 F. Applicant Letter re: Modifications to Draft Resolution, dated 11/15/2005 G. Planning Staff Certification and Photo of sign posting H. Applicant Copy of Presentation J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF DECEMBER, 2005: DOCKET#2005-89 - MBM ENTERPRISES, LLC DOCKET#2005-87 - CLEMENT MCNANEY III DOCKET#2005-90 -ALBERTO LOYA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip >�NJG��y�15751 Y r e(s-zk , /clot-la-snot 6. c FCs-r6 Maven- - oru,u\sim 13`t7( Wc--K. 39 ?lct*ev/Ite CD ZDLpS( Ke.u-1n3rlAns -, 13471 wet 39 Pledieu;l1e %1los1 (,thlI1�‘34 c. C:e e E g(0 2r7 LvcPr?. 4( , fry co ?0 Q- ) Corn) ti. Sarr.ke 8127 IV(' R -C/ Ft l.,, inter, v7 CA 2t, ‘ 2) 9E R i rhOt ;if_ A/ &1 r )to (i2 7 I, 2_ 1( P L A rr v/L /-F_ Co . t O 4 l P i (.( 7agnor „Rg37o wet 4 yf,We,os6, / ( O goa5/3 7ro-f-E. EQrchet- 2061 WGR yI Ft. L.ap-Fon, C.1 W062( FT-eal Setrchef 901 G 1 rf dup h, co 8oI2l irrk -O(Ue th& !2 SAI 39z /( elsofr- roaosso 4 JouES i 1&.F,l LOCK 3 ] Fr, top-Wu1 Co 'o 1RO13 Joins I (R9, ( kf R '-'1 r . Lu raD CAD 062--1 _o ic)�I� S op e I 1 9,-9, I U)c P 3 �+ L-o�-> ; rep 890 a `Jeai? 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J ??q 1-0 C° /C e oelSei Goa re ,. `710tit8r n aJee_',39 'sae) pdg,,L( \Usc4Y\ \\esaQr\ 4402 Vi nu-3a ,4* . P Q -nc e \ - lOQ[? c� . ? ��S't- on r C9.�C..Q_� a - te -,h,J ,\ , P 90.0 /)-7 ' pL4-TZ C. , ea c94. 67 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF DECEMBER, 2005: DOCKET#2005-89 - MBM ENTERPRISES, LLC DOCKET#2005-87 - CLEMENT MCNANEY III DOCKET#2005-90 -ALBERTO LOYA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip /471/ ,de pot ,.y�6t.gvc% e /u i67/ C V-/C: 5Y ��//7 j//L//✓_-"��(0 ,jc� 65�s 6C / 1/ oor-c.. !(oVQy ear'A (cy d. ga &vllP ICJ. €ae5s 7-t0v45 /may AL Clo.t,o0=7/Ave /a e.41�-,jN( 305 r7 LE 6-71-m 70,14 VW/ s vmt LA) 1914 -1 e .Jaz/ 17 kv 6,, � 7 j)/4ii Lo 6, (LA flk5oA, 19/s 2 ,¢,� n �� 1�� g© csrs43` ' '_Pfi-twvinAWAIL i t 5oS Lk d G U *3'7 flC Lop! 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