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Home My WebLink About20041729.tiff HEARING CERTIFICATION DOCKET NO. 2004-51 RE: CHANGE OF ZONE, MZ#1053, FROM THE A (AGRICULTURAL)ZONE DISTRICT TO THE E (ESTATE) ZONE DISTRICT FOR A NINE (9) LOT MINOR SUBDIVISION - MARY F. CARLSON REVOCABLE LIVING TRUST AND GEORGE B. CARLSON REVOCABLE LIVING TRUST A public hearing was conducted on June 16, 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 May 27,2004,and duly published June 2,2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of the Mary F.Carlson Revocable Living Trust and George B. Carlson Revocable Living Trust for Change of Zone, MZ#1053, from the A (Agricultural)Zone District to the E (Estate)Zone District for a nine (9) lot Minor Subdivision. 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. She stated the site will be served by the North Weld County Water District and septic systems, and she gave a brief description of the location of the site and surrounding uses. Ms. Lockman stated 13 referral agencies reviewed this proposal, 12 responded with comments that have been addressed by the Conditions of Approval,and staff received no correspondence from surrounding property owners. She explained at the Planning Commission hearing the applicant referred to the structure as a mother-in-law's quarters, which is a use that is not allowed in the E (Estate) Zone District. She stated upon further review staff determined the building was constructed as an agricultural building and was later converted,therefore, she suggested Condition of Approval#1.E be added to state, "The applicant shall submit evidence that the living unit has been removed from the agricultural exempt building. Should the applicant wish to retain any utilities,evidence shall be submitted that the appropriate Building Permits have been applied for." In response to Chair Masden,Ms.Lockman stated the structure appears to be a four-car garage which was converted into a dwelling unit; however, Building Permits were not issued. She further stated the utilities can remain if the applicants obtain the appropriate permits and use it as an accessory structure. She reiterated this type of living quarters is not allowed in the E(Estate)Zone District because it is a separate structure and does not comply with the Code. 2004-1729 PL1724 (14; /-2/C, t/LCop) O"-GO-oc/ HEARING CERTIFICATION - MARY F. CARLSON REVOCABLE LIVING TRUST AND GEORGE B. CARLSON REVOCABLE LIVING TRUST (MZ#1053) PAGE 2 Pam Smith, Department of Public Health and Environment,stated she searched the County records and found no permit for the septic system. She stated the property was gated and locked during her site inspection, so she only viewed the site from the road. She stated septic systems for the rest of the property will likely be conventional systems, and the applicants will need to obtain the appropriate permits if they intend to continue using the restroom in the accessory structure. Peter Schei, Department of Public Works, stated the site is accessed from Weld County Road 84 to the north. He explained the internal road is longer than the maximum 1,500 feet,therefore, the applicant has provided an emergency access from Highway 14 to the south. Mr.Schei stated Weld County Road 17 does not exist along the eastern property line,and staff is requesting the applicant to enter into an Off-site Improvements Agreement for Weld County Road 84,which is a gravel road maintained by Weld County. Responding to Commissioner Geile, Mr. Schei stated since the average daily traffic count exceeds 200 vehicles, they will likely require road stabilization to the nearest paved road,which is Weld County Road 15. He stated the details have not been finalized, but typically the property owner is responsible for a proportionate share of improvements for the portion abutting the property and for the length to the nearest paved road. Responding to Commissioner Jerke, Mr. Schei stated the agreement would be for a deep road stabilization package, including road base and chemicals,which should last approximately five years. He stated the Department of Public Works may consider a paving project as more development comes into the area. He further stated the average cost for paving one mile of road is$50,000 to$60,000,and the applicant will only be responsible for their proportional share generated by the development. Responding to Chair Masden, Mr.Schei stated this will be a one-time assessment,and the County will be doing the work. He stated in the future County staff may not be able to keep up with all of the projects generated by continued growth, and future agreements may require the applicant to complete the work. He further stated if the work is not completed by the County in five years, the applicant will get their funds back. Responding to Chair Masden,Mr.Schei stated the improvement costs will be assessed in addition to the standard road impact fee. Jeffrey Couch, Team Engineering, represented the applicant and stated the Cactus Hill Lateral requested 25 feet of right-of-way,which has been designated on the plat. He stated the applicant concurs with the proportionate cost of off-site improvements and they are interested in mitigating dust on Weld County Road 84. Mr. Couch stated in 1992 Lot A was split off from the property; however,the living unit in the accessory structure was not permitted to be connected to the water and septic. He stated the applicant will likely apply for the appropriate permits to make the structure legal. Ms. Lockman clarified the structure cannot be used for a living unit. Mr. Couch stated the applicant is aware of that restriction and it will be used for agricultural purposes. He stated there are very nice views from the property and the structures have been well maintained,which will be a resale asset. He further stated there will be nine lots,the property owner owns the mineral rights, there is one access from Weld County Road 84 which will be widened for the bus and mail pickup area, and the cul-de-sac and emergency access addressed the concerns of the Poudre Fire Authority. Mr. Couch stated the irrigation system consists of white gated pipe,which will remain in place, and the North Weld County Water District will provide additional domestic water. He explained the applicant will have to buy water since the agreement for serving the nearby Saddler Arena Annexation fell through. He stated the applicant had several conversations with the Town of Severance,which indicated no interest in annexing this property. He further stated there is potential for connecting to public sewer in the future; however, it is not available at this time. 2004-1729 PL1724 HEARING CERTIFICATION - MARY F. CARLSON REVOCABLE LIVING TRUST AND GEORGE B. CARLSON REVOCABLE LIVING TRUST (MZ#1053) PAGE 3 In response to Chair Masden, Mr.Couch stated he and the applicant have reviewed and concur with the Conditions of Approval, as well as the addition proposed by staff. Commissioner Geile commented the North Poudre Irrigation Company expressed concern regarding fences along the ditch right-of-way. Mr.Couch explained there is a prescriptive easement;the Ditch Company does not own the ditch fee simple. He stated the plat shows a 25-foot easement, and the Covenants restrict the owners of Lots 1 through 6 from fencing along the ditch. Responding further to Commissioner Geile, Mr. Couch stated the shares of water will be put in the Homeowners' Association, and the Covenants will designate one contact person who will work with the Ditch Company. Ms. Lockman stated the language proposed for Condition#1.E also needs to reference "septic permits". Mr. Couch concurred with the modification, and added the Soils Report and percolation both indicated there is plenty of room for the septic systems. No public testimony was offered concerning this matter. George Carlson,applicant,stated he purchased this property from his aunt with the understanding that she be allowed to stay in the house. He stated following her death, he decided to develop the property and discovered the living unit. Mr.Carlson stated he upgraded the existing improvements, being unaware that the use was not allowed. He stated that issue has been resolved since the Planning Commission hearing and there are three permitted agricultural units on the property. He further stated there is one share of water, and because the irrigation system was well done, he intends to offer use of the system to the property owners if they purchase more water through the Homeowners'Association. He further stated there is also a provision for one of the lot owners to bury the pipes that cross his land as long as the system is not disturbed. In response to Commissioner Jerke, Mr.Carlson stated on a good year the share yields 5 to 5.5 acre feet of water; however, they have been averaging 2.5 acre feet during the drought. He reiterated if water is available,the homeowners will be allowed to use the irrigation system, and the drinking water will be provided by the North Weld County Water District. Mr. Couch stated there is a pump station to service the nearby Saddler Arena, and there will be adequate hookups for public water. Commissioner Long moved to approve the request of the Mary F. Carlson Revocable Living Trust and George B. Carlson Revocable Living Trust for Change of Zone, MZ #1053, from the A(Agricultural)Zone District to the E(Estate)Zone District for a nine(9)lot Minor Subdivision,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 adding Condition of Approval#1.E to state, "The applicant shall submit evidence that the living unit has been removed from the agricultural exempt building. Should the applicant wish to retain any utilities, evidence shall be submitted that the appropriate Building Permits have been applied for."The motion was seconded by Commissioner Vaad,and it carried unanimously. There being no further discussion,the hearing was completed at 11:10 a.m. 2004-1729 PL1724 HEARING CERTIFICATION - MARY F. CARLSON REVOCABLE LIVING TRUST AND GEORGE B. CARLSON REVOCABLE LIVING TRUST (MZ#1053) PAGE 4 This Certification was approved on the 21st day of June 2004. APPROVED: Anis BOARD OF COUNTY COMMISSIONERS ,�,� / .‘ WELD POUNTY, COLORADO A. Ail /MAT b, Nvv,0 -1861 ! _ = � Robert D. Masden, Chair ;��!. r. ;�;� �!1'� ; Clerk to the Board NOUN • � William H erke, Pro-Tern Deputy Clerk to the Board M. J. le TAPE #2004-26 David E. Long DOCKET#2004-51 Glenn Vaad 2004-1729 PL1724 EXHIBIT INVENTORY CONTROL SHEET Case MZ#1053 - MARY F. CARLSON AND GEORGE B. CARLSON REVOCABLE LIVING TRUSTS 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 05/04/2004) D. Clerk to the Board Notice of Hearing E. Barbara Douglas Letter of Opposition, dated 06/14/2004 F. Planning Staff Certification and Photo of sign posting, submitted 06/16/2004 G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF JUNE, 2004: DOCKET#2004-17 -CATHERINE CARIASO DOCKET#2004-50 -SCOTT AND NANCY VERMILYEA DOCKET#2004-51 - MARY F. AND GEORGE B. CARLSON REVOCABLE LIVING TRUST PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 'i- ' Cn4'' //4 g 2kA.00S GI,t /'_� 4 2 _eQ G'o, 81953 7 67 1/Prw , �y ., /l0 w- (k44' A1,1t' / 0 K /1' Jwl, t. c 1 ,, /F.? ) Brn2./I/,'Pu. PI i=i co/J, .. s et' os-2/ w // s ; Teri roach 3`I6S 5.41/k Ad 1" fitir Q`/ias / la g2"fzr, rn 2 Hello