HomeMy WebLinkAbout20051748.tiff HEARING CERTIFICATION
DOCKET NO. 2005-38
RE: CHANGE OF ZONE, PZ #1077, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR SIX(6)RESIDENTIAL
LOTS WITH E (ESTATE) ZONE USES - HARVEY AND OLGA MARKHAM
A public hearing was conducted on June 1, 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 representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated May 6, 2005, and duly published May 11, 2005, in
the Fort Lupton Press, a public hearing was conducted to consider the request of Harvey and Olga
Markham for Change of Zone, PZ #1077, from the A (Agricultural) Zone District to the PUD
(Planned Unit Development)Zone District for six(6)residential lots with E(Estate)Zone uses. 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 stated although the property is not within an
Intergovernmental Agreement Area or Urban Growth Boundary, it is bordered by the Town of
Berthoud to the south. Mr. Gathman stated 19 referral agencies reviewed this proposal, 16
provided comments that have been addressed in the Conditions of Approval and Development
Standards,and staff received one letter from Dan Hooker,surrounding property owner,expressing
concern with water shed and off-site drainage, access to Highway 56, septic absorption rates, and
access to the agricultural water line delivery. He stated Mr. Hooker lives directly north of the
proposed site, and he attended the Planning Commission hearing, at which time the issues
regarding access and drainage along the Highway were resolved. Mr. Gathman stated the
applicants have done a preliminary drainage study, the detention pond will be within Lot 6, and the
applicant's house is on Lot A,outside of the proposed development. He stated the existing access
is located near the center of Lot A; however, it will be moved east to the proposed access for the
subdivision. He further stated Mr. Hooker has abandoned his permit to drill a well, and Planning
Services has reviewed the GIS information and surveys and found no evidence of an agricultural
water delivery pipeline or access easement to said pipeline on the Markham property. Mr.
Gathman stated he left a message with Handy Ditch, requesting additional information on the
agricultural pipeline; however, he did not receive a response, and he read language that was
proposed at the Planning Commission hearing to address the matter. He further stated the PUD
2005-1748
Lq �L PL1776
L
HEARING CERTIFICATION - HARVEY AND OLGA MARKHAM (PZ#1077)
PAGE 2
is considered an Urban Scale Development since it is located adjacent to the Town of Berthoud,
which typically requires fifteen percent of the area to be designated as common open space, per
Sections 27-2-140 and 27-6-80.B.7 of the Weld County Code; however, departure from the
standard is allowed if the proposal meets the intent of the Chapters 26 and 27. He stated the
Department of Planning Services recommends a waiver of the open space requirement since this
proposal is less than nine lots, the Town of Berthoud indicated no concern, and there are no other
subdivisions within one-quarter of a mile from the site. He stated the property will be serviced by
the Little Thompson Water District and septic systems, the Division of Water Resources indicated
there will be no injury to the existing water rights, and the applicants have provided an updated
water commitment for the six lots. He further stated they have changed the application from a
conceptual plan to a specific Change of Zone, and he displayed photos of the site and surrounding
area. Responding to Commissioner Masden, Mr. Gathman stated the referral response from the
Little Thompson School District, dated December 1, 2004, indicates all of the children will be
required to use a central bus pickup/drop off area, due the lack of sidewalks. He stated there is
a Condition of Approval that requires the applicant to meet the requirements of the School District.
Responding to Chair Jerke, Mr. Gathman stated the overall parcel is approximately 17 acres, and
the lots will average approximately 2.5 acres.
Char Davis, Department of Public Health and Environment, stated the lots will be serviced by the
Little Thompson Water District. She stated the 2.88-acre lots will meet the septic requirements;
however, she is asking for primary and secondary septic envelopes to be designated on the plat.
Responding to Commissioner Vaad, Ms. Davis stated at the Planning Commission hearing, Mr.
Hooker indicated he no longer had a concern with the proposed septic systems, and the type of
system will be determined at time of installation.
Peter Schei, Department of Public Works, stated the interior roadway will be paved and access
onto Highway 56, which is under the jurisdiction of the Colorado Department of Transportation
(CDOT). He stated the Drainage Report is acceptable, with a slight modification to the location of
the detention pond. Responding to Commissioner Vaad, Mr. Schei stated the drainage pond can
be designed in different configurations, and he explained he is requesting the applicant relocate
the proposed pond to be within the development boundary on Lot 6, rather than on Lot A.
Responding to Commissioner Vaad, Mr.Schei stated it is possible to locate the pond to catch water
from the development with the existing topography, and there will be a recorded easement shown
on the plat. Chair Jerke commented locating the detention pond on Lot A, outside of the
development, could pose problems in the future.
Harvey Markham, applicant, stated the septic envelopes will be 70 square feet, Lots 2 and 5 will
have engineered systems, the rest will be standard systems, and agreed to locate the 0.22-acre
detention pond on Lot 6. He stated the school bus will pick up children at a bus shelter using a
pullout along Highway 56, he has agreed to relocate the septic envelopes further to the east on
Lots 5 and 6 away from the Hooker property, and he is willing to establish an easement for the
pipeline, if necessary. Responding to Commissioner Geile, Mr. Markham stated the Homeowners'
Association will be responsible for the maintenance of the detention pond so that it continues to
function as it was designed and intended.
2005-1748
PL1776
HEARING CERTIFICATION - HARVEY AND OLGA MARKHAM (PZ#1077)
PAGE 3
Ira(Dan)Hooker,surrounding property owner,stated although he still has some concern regarding
the culvert under the main access to the PUD, as well as drainage flowing east along Highway 56,
he understands that is a CDOT issue. He stated, in general, he agrees with the proposal.
Responding to Chair Jerke, Mr. Hooker stated CDOT will also be delivering watershed and possible
irrigation wastewater along the right-of-way for Highway 56. Mr. Schei stated the Drainage Report
notes an existing access and an 18-inch diameter culvert. He stated the existing access will be
removed in exchange for the new development access, which will be required to have a similar
culvert.
Mr. Markham stated CDOT is requiring he place a culvert under the new access, and he noted
there are also culverts crossing under Highway 56 to the north of his property which help to further
divert water. Responding to Chair Jerke, Mr. Markham stated he has reviewed and concurs with
the Conditions of Approval as proposed.
Commissioner Masden moved to approve the request of Harvey and Olga Markham for Change
of Zone, PZ#1077,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)
Zone District for six(6)residential 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. The motion was seconded by Commissioner Vaad, and it carried unanimously. There
being no further discussion, the hearing was completed at 11:35 a.m.
This Certification was approved on the 6th day of June 2005.
APPROVED:
��La BOARD OF COUNTY COMMISSIONERS
,a' WELD COUNTY, COLORADO
�.; � 7rtar���7/I/GL.L�jf 4-1 /21
`t=
1 `1t--� William H. Jerke, Chair
D,, T' _L!! ty Clerk to the Boa d
..f, SS); y Al EXCUSED DATE OF APPROVAL
Y \.
Y � • M. eile, Pro-Tem
BY: ,
Deputy Clerk to the Board
Da • E. Long
TAPE #2005-26
Robert D. Masde
DOCKET#2005-38 ./ AAA.4 6 /MA
Glenn Vaad
2005-1748
PL1776
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1077 - HARVEY AND OLGA MARKHAM
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 04/19/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
Hello