HomeMy WebLinkAbout20051222.tiff HEARING CERTIFICATION
DOCKET NO. 2005-27
RE: CHANGE OF ZONE, MZ#1069, FROM THE A (AGRICULTURAL)ZONE DISTRICT TO
THE E (ESTATE) ZONE DISTRICT FOR A MINOR SUBDIVISION WITH FOUR (4)
RESIDENTIAL LOTS - DAVID AND SUSANNE SCHWIND
A public hearing was conducted on April 6, 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
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated March 18,2005,and duly published March 23,2005,
in the Fort Lupton Press, a public hearing was conducted to consider the request of David and
Susanne Schwind for Change of Zone, MZ#1069, from the A (Agricultural) Zone District to the
E(Estate)Zone District for a Minor Subdivision with four(4)residential lots. Lee Morrison,Assistant
County Attorney,made this a matter of record. Chair Jerke advised David Schwind,applicant,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 in the case of a tie vote,
Commissioner Long will listen to the record and make the determining vote. Mr.Schwind indicated
he would like to proceed today.
Jacqueline Hatch,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 stated the property
will be serviced by the Little Thompson Water District and septic systems. Ms. Hatch stated the
property is within the three-mile referral area for the Towns of Berthoud,Johnstown,and Mead and
Boulder County. She stated the Town of Mead indicated objections to allowing an unincorporated
subdivision and requested the applicant submit a petition for annexation;however,annexation is not
required since the property is not within an Intergovernmental Agreement or Urban Growth Boundary
area. She stated 13 referral agencies reviewed this proposal, nine responded with comments that
have been addressed in the Conditions of Approval and Development Standards,and staff received
one letter from a surrounding property owner expressing concerns regarding the future use and
access. Responding to Chair Jerke, Ms. Hatch stated the site is 22 acres, with approximately
five-acre lots. She further stated this property is not contiguous to the Town of Mead for the purpose
of annexation, the lots will be accessed from Weld County Road 5, and the entrance is 280 feet
south of the intersection with Weld County Road 38. Commissioner Geile reviewed the content of
the letter from the Town of Mead and stated he does not find the requests relevant. Responding to
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HEARING CERTIFICATION - DAVID AND SUSANNE SCHWIND (MZ#1069)
PAGE 2
Commissioner Vaad regarding a letter from James Brunelle with respect to historic access,dated
January 31, 2005, Ms. Hatch stated there is an existing partial crossing for Mr. Brunelle to utilize,
rather than the existing access along the Ish Ditch. She explained the applicant was willing to help
Mr. Brunelle complete that access rather than crossing the property. Responding to Chair Jerke,
Ms. Hatch stated the applicant owns land on both sides of the Ish Ditch,which cannot be crossed
due to the size, and she submitted photographs of the proposed crossing, marked Exhibit F. Mr.
Morrison stated Mr. Brunelle has the right to cross the ditch; however, he has not completed the
crossing. In response to Commissioner Vaad, Ms. Hatch stated Mr. Brunelle currently accesses
his property from Weld County Road 5 along the south side of the Ish Ditch across the applicant's
property. Mr.Morrison stated the Planning Commission felt there were other options and there was
no legal obligation for Mr. Schwind to create an access easement other than for use by the ditch.
Pam Smith, Department of Public Health and Environment, stated there will be four lots, the
smallest lot being 3.7 acres, with an overall density of one septic per six acres. She stated there
is an existing house on Lot 2, with a septic permit issued in 2000, and the percolation results
required an engineered system with a 4,400 square-foot leach field. She stated because of the soil
types, she is requesting two septic envelopes on each lot, and the size of the envelopes will be
determined once a preliminary percolation report is done. Ms. Smith stated the Conditions also
require the Covenants to include language protecting the second envelope. She stated the lots
would be serviced by the Little Thompson Water District.
Peter Schei, Department of Public Works, stated the interior road will be two gravel lanes,which
will not be maintained by the County. He stated the parcel is located at the intersection of Weld
County Roads 38 and 5. Currently Weld County Road 5 is being stabilized by the County,and the
applicant has indicated a willingness to participate in that cost,as well as for improvements on Weld
County Road 38 adjacent to the parcel. In response to Chair Jerke, Mr. Schei stated the average
daily traffic count on Weld County Road 5 is 115 vehicles,and he has no traffic information for Weld
County Road 38 in this vicinity. He stated both are gravel roads; however,Weld County Road 38
is not currently being stabilized. Responding to Chair Jerke, Commissioner Vaad stated this
property is located south of the Picked Dairy.
David Schwind, applicant, stated the Ish Ditch is on the north side of the property, parallel to Weld
County Road 38. He stated Mr. Brunelle owns 80 acres to the east. In the early 70's, Mr. Brunelle
purchased the property with another individual,and they split the property into two 80-acre parcels.
Mr. Brunelle had full access to his property until he sold the northern 80-acre parcel to Mr.Schwind,
at which time Mr. Brunelle began accessing his property along the Highland Ditch. He stated the
Highland Ditch was lined with concrete in 1980, at which time they constructed the foundation for
a ditch crossing. Over the years Mr. Schwind indicated he would help Mr. Brunelle construct the
bridge,and until that time he would be allowed to access across his property. He stated the project
has never been completed, and at the Planning Commission hearing Mr. Brunelle requested that
he be granted access across the applicant's property. Mr. Schwind stated since the Planning
Commission hearing, Mr. Brunelle has completed his bridge, and he sent a letter to Planning
Services,dated March 14,2005,indicating the problem is resolved. Ms. Hatch indicated she did not
receive the letter. Responding to Commissioner Vaad,Mr.Schwind stated he has no problems with
paying for dust control on Weld County Road 5. If required, he will contribute to dust control on
Weld County Road 38; however, he feels that would be a waste. He explained there is very little
traffic on Weld County Road 38 because there is only one house between Roads 5 and 7. He
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HEARING CERTIFICATION - DAVID AND SUSANNE SCHWIND (MZ#1069)
PAGE 3
further stated he has no concern with designating two septic envelopes. Mr. Schwind stated they
did the percolation tests in January when preparing to install the septic system for his house,which
resulted in very poor rates;however,rather than having the tests redone,he decided to comply with
the existing data and designate larger leach fields. He stated his former home is located to the
south on the same soils, and that system is one-quarter of the size required for this development.
Mr. Schwind stated he spoke with representatives from the Town of Mead and he has no desire to
annex. He stated that Mead indicated it would pave Weld County Road 38 at his expense and he
prefers to remain in Weld County. He stated County staff is very accessible and there are clear
requirements, whereas the Town of Mead is more difficult to work with.
No public testimony was offered concerning this matter. In response to Commissioner Vaad, Ms.
Smith stated the two septic envelopes are addressed in the Conditions of Approval. Responding
to Chair Jerke, Mr. Schwind stated he has reviewed and concurs with the Conditions of Approval
as proposed.
Commissioner Vaad moved to approve the request of David and Susanne Schwind for Change of
Zone, MZ#1069,from the A(Agricultural)Zone District to the E (Estate)Zone District for a Minor
Subdivision with four(4)residential lots,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 Masden. In response to Chair Jerke, Ms. Hatch explained this
Change of Zone is for a Minor Subdivision, and the Final Plan must go before the Planning
Commissioner and Board of Commissioners. She explained only Final Plans for Planned Unit
Developments have the option of an administrative review. There being no further discussion,the
motion carried unanimously and the hearing was completed at 11:10 a.m.
This Certification was approved on the 11th day of April 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
LA/MAT
William H erke, Chair
1861 un Clerk to the Board
n (cit. M. J. eile, Pr m
', ` � uty Clerk to the Board EXCUSED
id . Lonb
TAPE#2005-20 °' .
Robert D. Masde
DOCKET#2005-27
Glenn Vaal
2005-1222
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EXHIBIT INVENTORY CONTROL SHEET
Case MZ#1069 - DAVID AND SUSANNE SCHWIND
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 02/15/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. Planning Staff 2 Photos of the bridge foundation and
support
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF APRIL, 2005:
DOCKET#2005-28 - DARRELL AND NELVA BEARSON
DOCKET#2005-27 - DAVID AND SUSANNE SCHWIND
DOCKET#2005-23 -BARBARA SCHOTTELKOTTE
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