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Home My WebLink About20042425.tiff HEARING CERTIFICATION DOCKET NO. 2004-78 RE: CHANGE OF ZONE #1000 FROM THE R-1 (RESIDENTIAL) ZONE DISTRICT TO THE PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT IN THE A(AGRICULTURAL) ZONE DISTRICT FOR NINE (9) LOTS WITH E (ESTATE)ZONE USES AND THREE (3) NON-RESIDENTIAL OUTLOTS FOR OPEN SPACE - STENERSON, OLSON AND LOWRY DEVELOPMENT, LLC A public hearing was conducted on September 8, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem - EXCUSED Commissioner M. J. Geile Commissioner David E. Long 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, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated August 13,2004,and duly published August 18,2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of Stenerson, Olson and Lowry Development, LLC,for Change of Zone#1000 from the R-1 (Residential)Zone District to the PUD(Planned Unit Development)Zone District for nine(9)lots with E(Estate)Zone uses and three (3) non-residential outlots for open space. Chair Masden advised the applicant's representative,Wayne Wentworth,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 Jerke will listen to the record and make the determining vote. Mr. Wentworth indicated he would like to proceed today. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Masden also called up Planning item #3 which had been recessed at the 9:00 Board meeting regarding the request to use the Eastland Road easement as an emergency access for the proposed Planned Unit Development. 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 stated this is currently within the boundary of the Longmont Intergovernmental Agreement(IGA);however,the application was submitted prior to establishing the IGA. She further stated the property is also within the three-mile referral boundary for the Town of Mead and Boulder County. Ms. Hatch stated the City of Longmont has expressed concerns regarding the lack of open space, sewer service, and an urban-scale development in a non-urban area; however, the boundary for Longmont is two miles from the site. She stated the Town of Mead also objected to allowing an urban development in an unincorporated area, and 2004-2425 PL1740 ('°° : /L, /'t/, /1/4-- C 675 /©—Dl -&z:7 HEARING CERTIFICATION - STENERSON, OLSON AND LOWRY DEVELOPMENT, LLC (PZ#1000) PAGE 2 indicated it would like to develop an annexation agreement with the applicant; however,the site is 2.5 miles from Mead. She further stated Boulder County did not respond to this request. Ms. Hatch gave a brief description of the surrounding land uses, and stated this will be a low-density development of nine(9)lots on 39 acres,with six(6)acres of open space. She stated the Left Hand Water District will provide water and fire service,and although septic systems are being proposed, the site is within the 208 Boundary of the Saint Vrain Sanitation District,which could service the lots in the future. She further stated the lots would be required to connect to public sewer if the septic systems fail and public sewer is within 400 feet. Ms. Hatch stated the applicant plans to use an existing easement in the Seemore Heights Subdivision for emergency access to the east,and she displayed overheads showing the location of Eastland Road. She stated the public right-of-way was vacated in 1978 and a right-of-way easement was granted to the County for road purposes, therefore,the applicant is requesting to reopen the easement for emergency use only. In response to Chair Masden, Mr. Morrison stated the Board could do a Nonexclusive License Agreement because it is an easement for public road purposes,and Weld County is not going to be responsible for the maintenance. Ms.Hatch stated the easement will be gated and locked for use by emergency vehicles only. She stated 16 referral agencies reviewed this proposal,two did not respond, eight provided comments that have been addressed in the Conditions of Approval, and Longmont and Mead expressed opposition. She submitted a letter signed by 15 surrounding property owners, marked Exhibit L, and stated the Planning Commission has also recommended it be allowed to review the Final Plan prior to the Board's final decision. Pam Smith, Department of Public Health and Environment,stated the minimum lot size is 2.5 acres and the perk rates are high. She stated the application materials do not indicate livestock would be allowed; however, livestock was discussed at the Planning Commission hearing, therefore, she requested the applicant be required to designate primary and secondary septic envelopes,as well as include the requirement in the Covenants. She further stated there is a ditch that runs midway through the property, and if it remains, there is a setback that must be met for septic systems. Donald Carroll,Department of Public Works,stated the site will be accessed from State Highway 66 between Weld County Roads 1 and 3. He stated this is located in an urbanized area that is starting to be developed,and the average daily traffic count on Highway 66 is approximately 10,000 vehicles. Mr. Carroll stated the Colorado Department of Transportation (CDOT) has approved the access permit,and staff is requesting the applicant construct the internal road with two 12-foot paved lanes, with four-foot shoulders. He stated the cul-de-sac length exceeds the 1,500-foot maximum, therefore,the applicant is proposing an emergency access. He further stated the applicant will need to provide a signed and stamped Drainage Report, and he proposed adding verbiage to the Resolution that clarifies the Eastland Road easement would not be maintained by the County. Mr.Wentworth stated since the Planning Commission hearing,the applicant has agreed not to allow livestock, and that restriction will also be included in the Covenants. Jeff Olson,applicant,verified the Covenants will state that no animal units will be allowed,and there will be provisions for enforcement. He requested rather than showing septic envelopes prior to recording, that they be designated prior to construction once the residence location has been established and a Building Permit is issued. In response to Commissioner Geile, Ms.Smith stated she feels 2.5 acres is sufficient for two septic envelopes depending on the engineer and system 2004-2425 PL1740 HEARING CERTIFICATION - STENERSON, OLSON AND LOWRY DEVELOPMENT, LLC (PZ#1000) PAGE 3 design; however, if livestock is no longer allowed,then her comments are no longer relevant. The Board concurred with Mr. Olson's request to designate the septic envelopes prior to construction. Mr. Wentworth stated Lot C will be non-buildable and will have a detention pond. He stated the adjacent property owner in Seemore Heights is willing to grant a drainage easement, there is a pullout for bus pickup and mailboxes, and the entry will have a sign and sculpture. Mr.Wentworth displayed photographs of the cluster mailbox and of the bus shelter that will accommodate approximately six children. He stated the privacy gate will be located beyond the entry way and will operate using buried sensors. In response to Chair Masden, Mr. Carroll stated the interior road should be paved. Sue Schemer represented the applicant and stated the landscaping in the open space will consist of native plants, trees, and scrubs that will be manually irrigated, and the grass will not require irrigation once it is established. In response to Chair Masden, Ms. Schemer stated the manual watering will be done by contract through the Homeowners' Association, and water use will be reduced through the Covenants by determining how much turf is allowed. Mr. Wentworth clarified the development will be serviced by the Longs Peak Water District. In response to Commissioner Geile,Mr.Wentworth stated the five shares of Colorado Big Thompson (CBT) water rights will be transferred to Longs Peak for three taps, and they will purchase the remaining eight taps. He stated the domestic taps will be adequate to irrigate landscaping around the houses. Responding to Commissioner Vaad,Mr.Olson reviewed the petition,marked Exhibit L, and stated the request is unclear. Mr.Olson stated the lot prices will average around$300,000,with upscale homes ranging from$700,000. Commissioner Vaad explained there have been violations on some of the neighboring properties,and the current residents appear to be concerned that future residents may call and complain if there are unsightly items on neighboring properties. Mr. Olson stated the prime views are to the west. Based on recent drought conditions they chose to use drought-tolerant landscaping, and after visiting the site he has not been deterred from developing in the area; however, the home buyers will have the option of placing additional landscaping to create a buffer. He stated the property is zoned residential, which would allow 40 lots; however, his intent is to create larger lots,and preserve the land with fewer homes. He further stated a higher density development would likely require Eastland Road to be opened permanently,versus a limited emergency access use. In response to Commissioner Geile, Ms. Hatch stated Weld County's Right to Farm statement is in the Conditions of Approval. Commissioner Geile proposed providing potential purchasers with a copy of the neighbors' concerns when providing the Right to Farm statement, that way the developer is on record as disclosing everything he knows about the area. Commissioner Long added the future residents will still have the right to call and report zoning violations. Mr.Morrison stated it does acknowledge that the current residents gave a little and want some understanding in return. Mr. Olson stated the petition also brings to light that there may be violations occurring. Mr.Morrison expressed concern that although the entry gate will not be locked, it must be accessible for County equipment in the event it is accepted for full maintenance. Mr. Olson stated contractors prefer a gated entry because they feel it makes the lots more marketable. Mr. Morrison stated this issue needs to be clarified at final plan. Mr.Carroll read language that will require the applicant to provide assurances that the gated entry is wide enough for emergency vehicles. Mr. Olson clarified the gate will not prevent the public from accessing the development. Mr. Olson stated to remedy the concern he will not include the gate in the development design. 2004-2425 PL1740 HEARING CERTIFICATION - STENERSON, OLSON AND LOWRY DEVELOPMENT, LLC (PZ#1000) PAGE 4 Richard Sorensen, surrounding property owner, stated he has lived on Lot 1 in Seemore Heights for 18 years. He stated Eastland Road right-of-way was vacated to the previous property owners. He stated he is not opposed to the development;however,opening Eastland Road restricts the use of his property because he uses that area to access the rear of his property. Mr.Morrison explained the arrangement was to vacate the road right-of-way with the condition that the property owners deed the easement back to the County for road purposes. He stated an emergency access would result in limited use,and it should not effect Mr.Sorensen's ability to use it to access the rear of his property. Mr.Sorensen submitted an Assessor's map, marked Exhibit M,and stated he has been paying taxes on that area. Mr. Morrison stated the Assessor's records do not show easements, taxation is normally to the section line,with credits given for roadways,and if that has not occurred there may be grounds for a tax adjustment. He stated this arrangement was unusual because the right-of-way was deeded to only one of the adjacent property owners,with the stipulation that they deed the easement back to the County. He further stated once the use on the area is restricted, then the property owner can ask for an adjustment. In response to Commissioner Long, Mr. Morrison explained the public right-of-way vacation was not effective until the easement was deeded back to the County,which changed the nature of what the area could be used for. Responding to Commissioner Long, Mr. Carroll stated if a cul-de-sac exceeds 1,500 feet, then the developer is required to have a secondary road or create an additional cul-de-sac or eyebrow design, and emergency accesses typically require a 20-foot minimum width. Responding to Commissioner Geile, Mr. Morrison stated up to this point, the use has not been limited, and the applicant is proposing it be limited to emergency use only. Mr. Sorensen stated he uses the area to graze his livestock. In response to Commissioner Geile, Mr. Morrison stated the easement has always existed regardless of how Mr. Sorensen has been using the area. (Switched to Tape#2004-40.) Mr. Sorensen stated he is willing to work with the developer and come to a Use Agreement prior to the Final Plan. Commissioner Long commented the applicant only has control of gating the east end and Mr. Sorensen's use will not likely change much. Mr. Morrison stated one option is to approve the Change of Zone with this design which gives the intent of granting this use without finalizing it until the Final Plan phase. Mr.Wentworth stated regardless of the County standard for a maximum 1,500-foot cul-de-sac,the Fire Department requires emergency access if a cul-de-sac is in excess of 750 feet. He stated the emergency access will be a 20-foot gravel lane designed to meet the Fire Protection District's standards,it will be gated on the east end,and Mr.Sorensen will be able to continue to use the area as he does now. He stated they have met with Mr. Sorensen twice, called numerous times, and offered to pay the property taxes for the easement area; however,they received no response and it is uncertain whether the differences will be resolved prior to Final Plan. He further stated they are still requesting an administrative review, and the County Code does not have a provision for the Planning Commission to hear a Final Plan. Mr. Morrison concurred the only two choices are an administrative review or a Board of Commissioners hearing. In response to Chair Masden, Mr. Wentworth stated they have reviewed and concur with the Conditions of Approval,with the change to allow designating the septic envelopes at the time of Building Permit. Commissioner Geile commented there is no Coordinated Planning Agreement with the Town of Mead,and they are unable to provide water or sewer to this area,therefore, he finds their comments are not relevant to this case. In response to comments made by the City of Longmont, Commissioner Geile stated this is an urban area,as defined in Section 19-14-50 of the Weld County 2004-2425 PL1740 HEARING CERTIFICATION - STENERSON, OLSON AND LOWRY DEVELOPMENT, LLC (PZ#1000) PAGE 5 Code. He stated there is an issue with the 1,500-foot cul-de-sac; however, the Board of Commissioners does have jurisdiction to supercede the requirements of the Fire Protection District, and because there are still outstanding issues with Mr.Sorensen, he does not agree with allowing an administrative review. Commissioner Vaad commented the easement was offered to the benefit of Weld County, and although Mr.Sorensen may have a case for abatement of taxes from this time forward, he feels the intent was relatively clear that there would be provision in the event the easement was needed in the future. In response to Commissioner Vaad, Ms. Hatch stated Seemore Heights is zoned Residential. Mr. Morrison stated the Subdivision was established under the old Estate zoning so some of the existing uses are grandfathered and were not reassigned new Estate Zone classification. Commissioner Vaad stated he supports the application,and he feels the testimony and discussion has been clear enough to support an administrative review; however, he will also support a motion for the Board's review of the Final Plan. Commissioner Long commented the historical use is very clear, but he does not feel there will be any change in the use of the area and the road will be improved. He stated there is public documentation providing for the future use,therefore,he supports emergency use of the easement at this time. He encouraged the applicant to seek mitigation measures or an agreement with the property owner. Chair Masden stated the former Board of Commissioners and surrounding landowners viewed this as a right-of-way for future use as requested today. He stated the east end will be gated to allow emergency use only,and the existing roadway will be improved. He further stated the County has jurisdiction in the area; however, he agrees a second access is preferable when there is a lengthy cul-de-sac. In response to Commissioner Long, Mr. Morrison stated it will create complications if the Board does not make a determination regarding the easement today. Chair Masden commented the Draft Resolution clearly states the easement was reserved for road purposes. Commissioner Geile commented he cannot support the Change of Zone request if the easement issues are not resolved. Commissioner Vaad proposed approving the Resolution for the Easement and then bringing the Final Plan back before the Board to review how the mitigation is being accomplished. Commissioner Vaad moved to grant the request of Stenerson, Olson and Lowrey Development, LLC,to use the Eastland Road Easement as an emergency access for the proposed Nesting Crane Ranch Planned Unit Development. Commissioner Long seconded the motion. Commissioner Geile clarified he will base his decision regarding the Final Plan on the outcome of the mitigation measures taken by the applicant. The motion carried unanimously. In response to Chair Masden,Mr.Morrison stated the property owner cannot get a prescriptive right against a governmental entity. Commissioner Long added it is unclear how the taxes have been paid;however,a refund of taxes could be discussed in a different venue. The Board concurred that the Final Plan be reviewed by Board of Commissioners. Ms. Hatch requested the Board delete Conditions of Approval #2.S.8, #2.3.9, and #3.E regarding the septic envelopes, and modify Condition #5.A to remove the reference to the Planning Commission reviewing the Final Plan. 2004-2425 PL1740 HEARING CERTIFICATION - STENERSON, OLSON AND LOWRY DEVELOPMENT, LLC (PZ#1000) PAGE 6 Commissioner Geile moved to approve the request of Stenerson,Olson and Lowry Development, LLC,for Change of Zone#1000 from the R-1 (Residential)Zone District to the PUD(Planned Unit Development)Zone District for nine(9)lots with E(Estate)Zone uses and three(3)non-residential outlots for open space, 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 deleting Conditions of Approval #2.S.8, #2.S.9, and #3.E regarding the septic envelopes, and modifying Condition#5.A to remove the reference to the Planning Commission reviewing the Final Plan. The motion was seconded by Commissioner Vaad,and it carried unanimously.There being no further discussion, the hearing was completed at 3:15 p.m. This Certification was approved on the 13th day of September 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,- J%�4444 EXCUSED DATE OF APPROVAL Robert D. Masden, Chair t s erk to the Bo.rd Iasi EXCUSED William H. Je e, Pro-Tem ,� a4 pda'�Clerk t. the Board.. M. J. /C- TAPE #2004-39 and #2004-40 �ei David E. Long DOCKET#2004-78 laucut dra „Lg Glenn Vaad - 2004-2425 PL1740 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1000 - STENERSON, OLSON AND LOWRY DEVELOPMENT, 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 06/15/2004) D. Clerk to the Board Notice of Hearing E. Planning Staff Memo re: Addition of Conditions and completed items prior to scheduling, dated 08/02/2004 F. Health Staff Memo re: Changes made at Planning Commission hearing, dated 06/16/2004 G. Colorado Division of Wildlife Referral Response, dated 06/04/2004 H. Public Works Staff Referral Response, dated 06/22/2004 Office of State Engineer Referral Response, dated 07/12/2004 J. Office of State Engineer Referral Response, dated 07/28/2004 K. Planning Staff Certification and Photo of sign posting, submitted 09/08/2004 L. Planning Staff Petition, dated 09/07/2004 M. Richard Sorenson Assessor's aerial map N. Applicant Copies of Overhead Transparencies, displayed 09/08/2004 O. Applicant Oversize Map of Landscape Plan, dated 09/2004 P. Q. R. S. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF SEPTEMBER, 2004: DOCKET#2004-81 -JER, A PARTNERSHIP DOCKET#2004-79 -TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS DOCKET#2004-78 - STENERSON, OLSON AND LOWRY DEVELOPMENT, LLC PLEASE legibly write or print your name and complete address. 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