HomeMy WebLinkAbout20040711 HEARING CERTIFICATION
DOCKET NO. 2004-25
RE: CHANGE OF ZONE #1035 FROM THE A(AGRICULTURAL) ZONE DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR EIGHT (8)
RESIDENTIAL LOTS, ALONG WITH AN 81.93-ACRE AGRICULTURAL LOT - MORRIS
QUICK AND MARK HOLLIDAY
A public hearing was conducted on March 31, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
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, Sheri Lockman
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 5, 2004,and duly published March 10,2004,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Morris Quick
and Mark Holliday for Change of Zone #1035 from the A (Agricultural) Zone District to the PUD
(Planned Unit Development)Zone District in the A(Agricultural)Zone District for eight(8)residential
lots,along with an 81.93-acre agricultural lot. Lee Morrison,Assistant County Attorney, made this
a matter of record. Sheri Lockman, 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. Ms. Lockman gave a brief description of the location of the site and surrounding
uses. She explained this development is intended to be a community for the owners of airplanes
to live and store their aircraft, and each lot will pay a fee to the Platte Valley Airpark for use of the
existing runway. She stated the lots will be served by individual wells and septic systems, the
Division of Water Resources has approved the water supply plan,no water has been allocated for
the agricultural outlot,and a 20,000-gallon cistern is proposed to store waterforfire protection. She
further stated the configuration of the agricultural lot was not intentional;however,that is how it was
deeded. Ms. Lockman stated 15 referral agencies reviewed this proposal, ten responded with
comments that have been addressed in the Conditions of Approval,the towns of Hudson and Fort
Lupton indicated no conflicts with their interests, and staff received no correspondence from
surrounding property owners. She stated the Planning Commission requested the applicant contact
the Federal Aviation Administration(FAA)to ensure compliance with its regulations. She stated the
applicant has complied with that request and is proposing that the following be added to the end of
Condition #2.X, "and as required by Federal Aviation Regulation, part 77, outlined in FAA
Form 7460-1,Notice of Proposed Construction or Alteration." Ms. Lockman explained originally the
applicant intended for each lot owner to apply for a well permit. However,due to the time limitation
to drill before the permits expire,the applicant is proposing to change Condition#2.K to state,"Lot
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HEARING CERTIFICATION - MORRIS QUICK AND MARK HOLLIDAY (PZ#1035)
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owners are responsible for obtaining their own well permit. At time of closing, each lot owner will
be deeded 0.54 acre feet of groundwater from the Laramie Fox Hills aquifer, pursuant to
Case#03-CW-061,dated October 29,2003." She stated staff has reviewed the Water Supply Plan
and has determine d the deeded amount is correct. She further stated staff concurs with the
applicant's request for an administrative review of the final plan. In response to Commissioner
Jerke, Ms. Lockman stated the proposal to deed the water was not included in the review by the
Division of Water Resources; however, the amount was verified in order to get a well permit.
Commissioner Jerke commented that deeding shares of water in this fashion is unusual.
Responding to Commissioner Geile, Ms. Lockman stated because the applicant intends to allow
airplane hangers,the accessory structures will likely exceed the four percent rule,which is allowed
through the Planned Unit Development process. She stated the homes will be situated on the
northern portion of the parcel,and the remainder is an agricultural outlot. She stated the parcel was
previously a railroad museum but that has been vacated. She further stated the applicants will
retain ownership of the agricultural outlot,and they will have to truck in water if cattle graze the site.
In response to Chair Masden, Ms. Lockman stated the development will be served by a cistern for
fire flow because the system could not keep enough pressure for fire hydrants.
Pam Smith,Department of Public Health and Environment,stated the preliminary perk tests indicate
the site will allow for conventional systems. She stated the lots average 4.5 acres in size and they
will have individual wells. Ms.Smith stated primary and secondary septic envelopes will be required
to meet the 100-foot setback to all wells to ensure they are protected from the various building
footprints that are anticipated for each of the lots. Commissioner Geile commented the application
indicates there will be enough water to support 5,000 square feet of irrigation and one residence per
lot. Ms. Lockman concurred. In response to Chair Masden, Ms. Lockman stated $10,000 will be
payed to the Platte Valley Airpark at the closing of each lot for use of the runway.
Peter Schei,Department of Public Works,stated the applicant will be required to build the roadway
along the frontage of the development,which is proposed to be recycled asphalt. He stated Weld
County Road 39 does exist north of the site to Weld County Road 18,and the applicant will also be
responsible for paying a proportional share of completing road stabilization. He further stated the
Planning Commission agreed to waive the paving requirement of the internal roadway,therefore,
it will also be surfaced with recycled asphalt, which helps reduce dust. Responding to Chair
Masden,Mr.Schei stated the school bus pickup will be along Weld County Road 39. Ms. Lockman
stated this development will consist of primarily older residents and there will not be many children,
therefore,the School District did not require specific accommodations. Mr.Schei stated the internal
road will terminate in a cul-de-sac. Responding to Chair Masden, Mr. Schei stated traffic will not
be coming from Weld County Road 41. In response to Commissioner Vaad, Ms. Lockman stated
she does not foresee any additional impact to the roadway from the airplanes.
Marilyn Taylor stated she is the authorized agent for Red Baron Development and she is a general
partner of the Platte Valley Airpark. Ms.Taylor stated when they started marketing the property,they
intended to have well permits; however, the Division of Water Resources discouraged the use of
well permits because they expire in a year and the future residents may prefer to place their well in
a different location. She stated the Division suggested deeding a portion of the water based on the
water decree,which will provide the lot owners with water for domestic use and a 5,000 square-foot
yard and landscaped area. She further stated the Covenants will outline the restrictions, and
deeding the water guarantees that the future lot owners will be able to drill a well that satisfies their
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300-year water supply. Ms.Taylor reviewed the cistern system which will be used for fire service.
She explained the Fire Department will fill the system the first time and then it becomes the
responsibility of the Homeowners'Association to ensure it is full at all times and in working order.
She stated the Change of Zone plat will show building and septic envelopes, proposed well
locations, and drainage and retention ponds. She stated the two applicants are also partners in
Platte Valley Airpark, so they intend to make this venture beneficial to the airpark by requiring a
$10,000 access fee from each lot owner at the closing. She further stated the Covenants stipulate
the residents will also share a proportional cost of maintenance and upkeep of the runway. Ms.
Taylor stated the School District agreed a bus pickup on Weld County Road 39, and each lot will
have an individual mail box. In response to Commissioner Geile, Ms. Taylor stated there is no
termination date for the Homeowners'Association;it runs with the property,and there is a provision
for amendments. (Switched to Tape #2004-15.) She stated each lot owner will be required to
adhere to the Weed Management Plan, and the 80 acres will be the responsibility of Red Baron
Development. Commissioner Jerke referenced a letter from the State Engineer's Office, dated
February 6, 2004, which indicates the current decree states there is a 100-year aquifer life. Ms.
Taylor clarified there is an existing well permit on the property issued in 1986,which is a 100-year
water supply;however,the water decree converts the existing well to the 300-yearwater supply rule,
in addition to the seven new well permits that will be issued. CommissionerJerke commented this
application is for a Change of Zone,and the County will be able to ensure there is adequate water
at the final plan phase. Responding to Commissioner Vaad, Ms. Lockman stated Condition of
Approval#5.A requires the applicant to provide signed,final versions of the Covenants,Bylaws,and
Articles of Incorporation,which incorporate the changes requested by staff, prior to recording the
final plat. In response to Chair Masden, Mr. Schei stated the right-of-way alternates along the
section line for Weld County Road 39, and the applicant has agreed to dedicate 30 feet of
right-of-way on the west side of the section line along the property frontage for any future roadway
from Weld County Road 18 south to Highway 52.
Russell Riley,surrounding property owner,stated his mother owns the land east of the subject site.
He agreed that the proposed site is not good for farming,although he is not in favor of more houses
in the area. Mr. Riley stated they petitioned to vacate the right-of-way for Weld County Road 16;
however, that request was denied because the Department of Public Works indicated it may be
needed by the airpark in the future. He stated there is 30 feet of right-of-way east of the section line
on his mother's property, and he requested that any future road be constructed on the Red Baron
Development so it does not hinder his pivot irrigation sprinkler. He expressed concern with having
to relocate his fence, and he wants his water system protected.
Fred Gardner stated he is a resident of the Airpark PUD,and he has interest in the Hanger Owners'
Association. He stated the Airpark PUD was approved in the mid 1990's and is located north of the
proposed development. He explained there are funds in escrow to pay for airport improvements;
however, he has experienced resistance to fulfilling promises that were made. He stated the
financial status of the airpark has not been disclosed, it is unclear how the$10,000 fee will benefit
the limited partners,the applicant needs to define how the Homeowners'Association will share in
the proportional costs, and he questioned whether the share of the existing payers would be
reduced. Mr. Gardner stated the Airpark PUD was not completed, and the agreed engineering
services,testing,and construction supervision were not furnished. He stated 37 of the 39 lots have
been sold. He further stated the drainage and grading improvements for the hanger are deficient,
and after five years the Hangers' Association spent its own money to mitigate the damage.
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Responding to Commissioner Geile, Mr. Gardner reiterated the Airpark PUD is separate from the
proposed development, 37 of 39 have been sold, and the paving and drainage have not been
completed as proposed which caused damage to their hanger building, which they paid to repair
themselves. He stated the Airpark PUD developer has not performed as promised, and the
proposed development is backed by the same group. Mr. Morrison stated the Board needs to
question the relevance of Mr. Gardner's testimony. He explained there is pending litigation, and
although his concern regarding the need for adequate assurances can be considered,the aspects
of the other case cannot be resolved in this hearing.
Jim McLaughlin stated he is a limited partner in the Airpark and he owns property in the Airpark PUD.
He stated access to the airpark is a vital aspect fora fly-in community. He stated the improvements
were supposed to be done when the lots were sold; however, he has owned his property for six
years and there is no access or paving. He stated the Platte Valley Airpark is a private airpark,and
if it is not viable,then it can be closed,which may hinder finishing the development to completion.
Mr. McLaughlin stated he is not opposed to the concept of a subdivision,although he feels a better
fire response system would be warranted. He requested approval of this application be contingent
upon the airportfulfilling its obligations made to the County regarding the Airpark PUD approved in
1997.
Margaret Barbosa stated she owns a lot in Airpark PUD. She stated she has built a hanger, there
are no problems with drainage or access,and she is also a potential buyer of a lot in the Red Barron
Development. She stated they have no guarantee that the airpark will stay there, and the lots that
have acquired a Certificate of Occupancy have been provided with access, utilities, etc. There
being no further comments, Chair Masden closed public testimony.
Ms. Taylor stated the litigation revolves around a drainage issue, and with the exception of a few
tenants, the other residents are satisfied. She explained if the airpark fails, the Red Baron
Development Homeowners'Association can take it over. She stated they have escrow accounts
ready to complete the improvements,and the accounts have been audited and found to be in order,
and the quarterly reports are available for review in the office. Commissioner Geile commented he
would like to focus on the case at hand. Ms.Taylor stated she is able to provide documentation of
the funds available for the proposed improvements at the Airpark PUD. She further stated they have
completed the improvements agreement for Red Baron Development,in the amount of$300,000.
Mr. Schei stated he worked with the applicant for on-site and off-site improvements, staff has no
concerns,and although the applicant did something that did not work on other developments,he is
satisfied with the documents related to this proposal. He stated the documents and necessary
collateral will go through the normal process for review and approval by the Board.
In response to Chair Masden, Ms. Taylor stated she and the applicants have reviewed and agree
with the Conditions of Approval and Development Standards as proposed and modified.
Commissioner Geile commented he empathizes with the issues at the Airpark PUD;however,those
will have to be resolved in another venue. Commissioner Geile moved to approve the request of
Morris Quick and Mark Holliday for Change of Zone#1035 from the A(Agricultural)Zone District to
the PUD(Planned Unit Development)Zone District in the A(Agricultural)Zone District for eight(8)
residential lots, along with an 81.93-acre agricultural lot, based on the recommendations of the
Planning staff and the Planning Commission,with the Conditions of Approval as entered into the
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HEARING CERTIFICATION - MORRIS QUICK AND MARK HOLLIDAY (PZ#1035)
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record. His motion also included modifying Conditions#2.K and#2.X as discussed, and to allow
for an Administrative Review at the Final Plan phase. The motion was seconded by Commissioner
Vaad, and it carried unanimously. There being no further discussion,the hearing was completed
at 4:00 p.m.
This Certification was approved on the 5th day of April 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLD ADO
ATTEST: getil /G'.�•<�,. La��
Robert D. Masden, Chair
Weld County Clerk to ' :' •..;���; `
William H. erke, Pro-Tem
Deputy Clerk to the
M. eile
TAPE #2004-15 p�u
Davi . Long
DOCKET#2004-25
Glenn Vaa
2004-0711
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1035 - MORRIS QUICK AND MARK HOLLIDAY
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 02/17/2004)
D. Clerk to the Board Notice of Hearing
E. Applicant Surface Use Agreement with Patina Oil and
Gas Corporation (02/19/2004)
F. Kerr-McGee Rocky Mountain Corp. Letter indicating no conflicts (02/19/2004)
G. Applicant Pipeline Relocation Agreement with Duke
Energy Field Services, LP (02/20/2004)
H. Planning Staff Certification and Photo of sign posted on the
site, submitted 03/31/2004
School District RE-3J Letter re: bus area, dated 03/24/2004
J. Applicant Letter requesting vacation of USR #768,
dated 02/19/2004
K.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF MARCH, 2004:
DOCKET#2004-14 - MOISES RODRIGUEZ
DOCKET#2004-27 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-28 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-25 - MORRIS QUICK AND MARK HOLLIDAY,
C/O MARILYN TAYLOR/RED BARON DEVELOPMENT
4:0:2 o2b*ace 7 - EVANS I A
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF MARCH, 2004:
DOCKET#2004-14 - MOISES RODRIGUEZ
DOCKET#2004-27 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-28 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-25 - MORRIS QUICK AND MARK HOLLIDAY,
C/O MARILYN TAYLOR/RED BARON DEVELOPMENT
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
l U c,e EseAL-Aer I Inn 171'` cJ- 6h ns,OD£5oha-D
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