HomeMy WebLinkAbout20042149 HEARING CERTIFICATION
DOCKET NO. 2004-72
RE: CHANGE OF ZONE #521 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 19 LOTS WITH
E(ESTATE)ZONE USES,ALONG WITH 15 ACRES OF OPEN SPACE,IN ADDITION TO
A 36-ACRE AGRICULTURAL OUTLOT LOCATED ON TRACT A - DON AND LINDA
OWENS
A public hearing was conducted on August 25, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated July 30,2004,and duly published August4,2004, in
the Fort Lupton Press, a public hearing was conducted to consider the request of Don and Linda
Owens for Change of Zone#521 from the A(Agricultural)Zone District to the PUD (Planned Unit
Development) Zone District for 19 lots with E (Estate) Zone uses, along with 15 acres of open
space,in addition to 36 acres of open space and equestrian uses located on Tract A. 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. He stated 14 referral agencies reviewed this proposal,and
12 responded favorably or provided comments that have been addressed in the Conditions of
Approval. Mr.Gathman stated the eastern portion of the site is currently planted in wheat,Tract A
contains an existing equestrian facility approved under Special Use Permit#120,and it is separated
from the Planned Unit Development by a ditch easement. To address compatibility concerns,the
applicants are proposing to install trees and berms adjacent to the oil and gas facility and across
the street from the turkey facility. He stated the application is proposing lots ranging in size from 2.0
to 2.5 acres, and staff is requesting additional information regarding the design and intended use
of the open space areas and trail system. He explained some of the residential lots do not border
the equestrian trail, and methods of street crossing are not delineated on the plat. Mr. Gathman
stated the applicant has indicated the trail will connect to TractA using an existing oil and gas road,
which will require crossing property owned by the Farmers Reservoir and Irrigation Company
(FRICO). He stated although there is documentation of the applicants'attempts to contact FRICO,
there is no signed agreement. He further stated it is unclear whether the open space outlots will be
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used for detention/retention or for other uses for residents in the subdivision,and septic envelopes
need to be designated on all of the lots. He stated due to the number of outstanding issues, staff
recommends this application be reviewed as a conceptual Change of Zone,and that the Final Plan
be reviewed by the Board of Commissioners. Mr. Gathman stated despite the location within the
Dacono, Frederick, and Firestone Intergovernmental Agreement (IGA) area, the applicants are
proposing septic systems. He stated the nearest sewer trunk line is operated by the St. Vrain
Sanitation District and is 2.5 miles from the development, and the District has indicated they may
extend the line to within one mile of the site during the next year and a half. Based on that
information, the applicant was required to enter into an annexation agreement with the Town of
Firestone. He explained the County Attorney's Office provided language for a similar case to
address the provision of septic systems in an IGA area,therefore, he submitted a memorandum
marked Exhibit Q, requesting the addition of Condition#5.E to state,"The applicant shall provide
evidence that the requirements of Sections 19-2-60.C.3 and C.5 of the Weld County Code have
been met." Mr. Gathman stated there are six existing well heads on the site, as well as a tank
battery along the northern boundary. There are no vacant existing drilling windows on the site;
however,there is the possibility of placing two additional well heads. He stated the applicants have
provided agreements with Patina Oil and Gas Corporation and Encana Energy Resources,Inc. He
further stated Union Pacific does have coal resources on the site; however, they expressed no
objections, and there are no sand and gravel resources on the property.
Chair Masden advised the applicant's representative,Ed Pruss,Coldwell Banker,that they have the
option of continuing this matter to a date when the full Board will be present. However,if they decide
to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Vaad will listen to the record and make the determining vote. Mr. Pruss indicated they would like
to proceed today.
Mr. Gathman reviewed pictures of the area and the design layout. In response to Commissioner
Long, Mr. Gathman indicated the location of the proposed trail, stated he is uncertain what the
outlots will be used for, and expressed concern that some of the lots do not have direct access to
the trail. Responding to Chair Masden, Mr. Gathman suggested this case be reviewed as a
conceptual Change of Zone due to all of the items that still need to be addressed. He stated
following the Planning Commission hearing the applicant also indicated the desire to make some
modifications to the plan. Responding to Commissioner Geile,Mr.Gathman stated it appears that
this development is within the St.Vrain Sanitation 208 Boundary,and the IGA Agreement does not
require the provision of public sewer.
Pam Smith, Department of Public Health and Environment, stated water will be provided by the
Central Weld County Water District, and septic systems have been proposed. Ms. Smith stated
based on the preliminary perk rates, she has requested the applicant designate primary and
secondary septic envelopes on all the lots to ensure they will be able to meet setback requirements.
She also requested they provide long-term borings since the preliminary work was done in
November 2003. Ms. Smith read her referral comments regarding the septic systems for the
record,and she reviewed the lots which are causing concern due to limited areas for building and
septic envelopes in relation to oil and gas drilling windows. She stated a septic envelope may be
allowed within a drilling window,depending on the requirements of the oil and gas agreement. Ms.
Smith stated Lot4 is designated as a detention pond which is not buildable,Lot 3 has tank batteries
and gas lines which require a 200-foot setback,Outlot B is a detention pond,and she reviewed the
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lots which do not have septic envelopes designated on the plat. Commissioner Geile requested a
copy of the St.Vrain Sanitation District boundary,as well as the Frederick/Firestone 208 boundary.
Ms. Smith stated the St. Vrain Sanitation District does have a sewer line proposed along Weld
County Road 24, and if a lot connects to that line in the future, they will be required to annex. Mr.
Gathman stated in September,2003,the St.Vrain Sanitation District indicated the nearest truck line
was 2.5 miles from the development.
Chair Masden called a five minute recess to allow staff time to gather additional information. Upon
reconvening,Mr.Gathman stated he does not have a written response from the St.Vrain Sanitation
District;however,he did speak with a District representative several times who indicated although
they do not support septic systems,they are willing to make an allowance due to the distance from
the sewer line. Mr. Gathman stated the District's general policy is to require connecting when the
septic systems fail, and the proposed Condition#5.E attempts to address that issue. Ms. Smith
referenced a letter from the St.Vrain Sanitation District to the applicant,dated June 5,2000,which
she read for the record regarding what is required to bring public sewer to the area.
Peter Schei, Department of Public Works, requested clarification regarding whether the applicant
will be allowed to cross the strip of property in the western portion of the development to access
Tract A. In response to Commissioner Jerke, Mr.Schei stated Weld County Road 19 is classified
as a collector status road, which requires 80 feet of right-of-way. He stated the exterior road is
paved,and the interior road will be paved and maintained by the Homeowners'Association for one
year until it is accepted for maintenance by the County. Commissioner Jerke stated Weld County
Road 19 is not a strategic road;however,it is still very busy. Mr.Schei stated the distance between
the two entries to the development are adequate to meet the Roadway Classification Plan which
requires access points to be at least 650 feet apart. He stated the Traffic Study does not reflect any
issues of concern with the two-way intersection. Responding to Chair Masden,Mr.Gathman stated
the strip of land in the western portion of the property is owned by FRICO, and the applicant is
proposing to use the oil and gas/irrigation easement as part of the trail system to access the existing
equestrian center on Tract A. Mr. Morrison stated the St.Vrain Sanitation District regulations do
have provisions for septic systems; however, new facilities must connect to the system if they are
within the district. He stated the map, marked Exhibit S, clearly shows Section 9 as part of the St.
Vrain Sanitation District's 208 Boundary. (Clerk's Note: Based on this information,staffs proposed
addition of Condition#5.E was not included in the Resolution.) In response to Commissioner Jerke,
Mr.Gathman explained the Planning Commission Resolution does not include reasons of denial or
approval because both motions resulted in a tie vote and failed. (Clerk's Note: Planning Clerk
provided a revised Resolution to show the correct vote, which has been included in the file.)
Kris Pickett, Pickett Engineering, stated the Planning Commission expressed concern regarding
the unresolved issues, such as the oil and gas easement, annexation agreement, etcetera;
however,those issues have been completed. He stated the issues discussed today are items that
will be addressed prior to recording the plat. Mr. Pickett stated the strip of land north of the
Gloraloma Equestrian Center is an oil and gas road that crosses the Coal Ridge Ditch outlot. He
stated there is a deed that grants crossing the easement for agricultural/grazing purposes,and the
equestrian center is an agricultural use. He stated the trail directly connects to three of the outer
lots; however, they can redesign the plan, if necessary. He further stated septic envelopes were
not shown on some of the lots because they have acquired new information which they want to
review with the Health Department prior to locating the envelopes. Mr. Pickett stated the lots with
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oil and gas drilling windows will not be developed until the oil and gas uses are completed. He
stated the annexation agreement does allow for septic systems, the site is within the St. Vrain
Sanitation District,and the detention areas on the lots will flow to the larger detention lots. He further
stated the applicant is willing to sell the area south of the property owned by Richard and Cynthia
Stalcup; however, it would become part of their property and would not be a new buildable lot. He
stated these issues can be easily resolved by working with staff prior to the Final Plan. In response
to Commissioner Geile, Mr. Pickett stated there are 19 total lots,with two to be left until the oil and
gas uses are complete. Commissioner Geile suggested modifying the Covenants to address the
potential requirement for connecting to public sewer if within reasonable distance from the site,and
Mr. Pickett agreed that could be included. Responding to Commissioner Long, Mr. Pickett stated
the Planning Commission discussed the lots that are less than 2.5 acres; however, the smallest
area will be sold to the Stalcups. Mr. Gathman stated that area is designated as detention,
therefore, it was not considered as a lot. Ms. Smith stated overall density is 2.65 acres, with the
smallest lot being 2.0 acres and the remainder being 2.1 acres or larger. Mr. Picket stated this
property will be zoned as a Planned Unit Development,which allows some flexibility to the 2.5-acre
minimum required for Estate zoning. Mr.Gathman stated the primary issues of concern are the oil
and gas facility on Weld County Road 19 and a neighboring turkey facility. Responding to
Commissioner Jerke, Mr. Pickett stated the oil and gas facility is only for equipment storage,
permitted under a Use by Special Review Permit. He further stated they do have an agreement with
the Fire Protect District for fire hydrants;however,there is no agreement with FRICO because they
will not respond. He further stated the open space areas will be owned by the Homeowners'
Association, and the equestrian facility will be retained by the current owners as a separate
operation from this proposal. Mr.Gathman stated this proposal is on Lot B of Recorded Exemption
#1921; however, removing the 36-acre Gloraloma Equestrian Center from the lot would have
resulted in a legal nonbuildable lot. Therefore, it was decided to allow Tract A to remain as an
existing use within the Planned Unit Development. Mr. Morrison stated the Board can designate
what uses are allowed within the PUD areas, which would include a use allowed under a Use by
Special Review. He further stated they can also designate the area to be managed separately from
the Homeowners' Association. Mr. Gathman stated removing the area from the Planned Unit
Development would require the applicant to also amend the Recorded Exemption. He stated there
is a house and modular on the site which are permitted under the Use by Special Review.
Commissioners Geile and Jerke expressed concern with designating the equestrian center on Tract
A as open space, because that zoning may hinder future options on that property. Mr. Morrison
stated as currently described, Tract A would be zoned as a PUD outlot with open space and
equestrian uses. He explained if the Use by Special Review is ever vacated,the zoning would have
to be changed to allow a different use other than open space. He suggested modifying the
description to remove the reference to open space and designate the area as an Agricultural Outlot.
No public testimony was offered concerning this matter. In response to Chair Masden, Mr. Pickett
stated he and the applicants have reviewed and concur with the Conditions of Approval as proposed
and modified. Ms.Smith questioned whether the potential requirement to connect to the St.Vrain
Sanitation District should be added as a note on the plat. Commissioner Geile stated he wants to
require the applicant to make a reference to the possibility without making the issue an
encumbrance on the deeds. The lots should only be required to connect once a septic system fails
and public sewer is available. Mr. Morrison stated that can be addressed through the Covenants
by stating if a septic fails they may have to connect to the St. Vrain Sanitation District.
Commissioner Jerke commented the key word is "may" because there might be lots that would
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require engineering that would be cost prohibitive. Ms.Smith stated the applicant has indicated the
lots with oil and gas envelopes will not be developed until that use goes away, and at that point
sewer may be available. Therefore, she requested that possibility be added as a note on the plat.
Mr. Picket stated the applicants are willing to place notes on the plat that those lots will not be
developed until the oil and gas uses are gone, and if a septic system fails, the property will be
required to connect to public sewer if it has been extended into the area. Mr. Morrison stated the
400-foot rule is in the Weld County Code, and there is a hardship provision where certain
allowances can be made. In response to Chair Masden, Mr. Pickett concurred with the proposed
changes.
Commissioner Geile moved to approve the request of Don and Linda Owens for Change of
Zone#521 from the A (Agricultural)Zone District to the PUD (Planned Unit Development) Zone
District for 19 lots with E(Estate)Zone uses,along with 15 acres of open space,in addition to a 36-
acre Agricultural Outlot located on Tract A. He stated his motion is based on the finding that the
applicant has shown compliance with the criteria listed in Sections 27-6-120.D.5.a through D.5.h,
with the exception of 5.D.f which does not apply. He further stated a modified title request will clarify
the uses allowed on Tract A,and the Conditions of Approval as entered into the record will ensure
compliance with the Weld County Code. In response to Commissioner Jerke, Mr.Morrison stated
the omission of"open space"clarifies that the zoning will remain agricultural on Tract A as permitted
under the Use by Special Review Permit. The motion was seconded by Commissioner Jerke,who
stated that all of the details discussed above will need to be resolved prior to the Final Plan hearing,
specifically the grazing easement for accessing the equestrian center, and an agreement with
FRICO. Commissioner Long concurred and stated the trails also need to be redesigned to comply
with the Weld County Code. There being no further discussion,the motion carried unanimously and
the hearing was completed at 3:45 p.m.
This Certification was approved on the 30th day of August 2004.
APPROVED:
���•�` BOARD OF COUNTY/ n COMMISSIONERS
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`'tat Robert D. Masden, Chair
1d � •j, Clerk to the Board
William H. J- ke, Pro-Tem
Deputy Clerk to the Board
. eile
TAPE#2004-37 ek s
David E. Long ,
DOCKET#2004-72 EXCUSED
Glenn Vaad
2004-2149
PL1734
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#521 - DON AND LINDA OWENS
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 09/16/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Conditions prior to scheduling,
dated 07/21/2004
F. Coldwell Banker Letter re: Conditions prior to scheduling,
dated 07/09/2004
G. Town of Firestone Copy of Recorded Annexation Agreement,
dated 12/10/2003
H. Applicant Certification of Memorandum of Agreement
for Compatible Development and
Agreement for Compatible Development,
dated 06/21/2004
I. Applicant Surface Use Agreement, dated 06/30/2004
J. Applicant Letter re: Warranty Easement Deed, dated
02/11/2004
K. Applicant Letter re: Warranty Easement Deed, dated
04/15/2004
L. Applicant Letter re: Warranty Easement Deed, dated
06/30/2004
M. Thomas and Colleen Dooley Letter of Opposition, dated 05/18/2004
N. Keith Crouch E-mail re: No Objection from Merit Energy,
dated 05/18/2004
O. Bernard, Lyons, Gaddis and Kahn Letter re: Warranty Deed and Easement
Agreement, dated 08/03/2004
P. Applicant Letter and 30 pages of various
correspondence re: FRICO Easement,
08/15/2004
Q. Planning Staff Memo re: Revisions to Conditions of
Approval, dated 08/25/2004
R. Planning Staff Certification and 2 Photos of sign posting
S. Planning Staff Map of St. Vrain Sanitation District
T.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF AUGUST, 2004:
DOCKET#2004-73 -VICTOR AND MARTIEL VONFELDT
DOCKET#2004-75 - ROBERT CARPENTER AND DAVID LOTTMAN
DOCKET#2004-72 - DON AND LINDA OWNES/GLORALOMA ESTATES
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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