HomeMy WebLinkAbout20041560.tiff HEARING CERTIFICATION
DOCKET NO. 2004-45A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#600
FOR CHANGE OF ZONE #600 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS
WITH E (ESTATE) ZONE USES -JOHN ZADEL
A public hearing was conducted on June 23, 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, 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 May 7,2004,and duly published May 12,2004, in the
Fort Lupton Press,a public hearing was conducted on June 2,2004,to consider the request of John
Zadel for Change of Zone#600 from the A (Agricultural)Zone District to the PUD (Planned Unit
Development) Zone District for nine (9) lots with E (Estate) Zone uses, at which time the Board
deemed it advisable to continue the matter to June 23, 2004, to allow adequate time for the
Department of Planning Services staff to meet the 15-day sign posting requirement. Lee Morrison,
Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning
Services,gave a brief description of the location of the site. He stated 16 referral agencies reviewed
the proposal,and 11 responded with comments that have been addressed through the Conditions
of Approval. He stated the lots will vary from two to five acres, therefore, some of the lots do not
meet the Estate Zone District minimum requirement of 2.5 acres. He further stated the City of
Dacono indicated it has begun the process of revising its Comprehensive Plan,and some aspects
of the proposal may conflict with the new plan. The Dacono Sanitation District indicated it is working
with the City of Dacono to finance a major sewer truck and interceptor line,and their goal is to have
the work completed by the end of 2005. He stated the Dacono Sanitation District has indicated the
western 40 percent of the property could be serviced by public sewer. Mr. Gathman stated
Condition of Approval#1.F requires the applicant to provide a signed agreement with the Dacono
Sanitation District, and domestic water and fire service water will be provided by the Central Weld
County Water District. Mr.Gathman stated there is a draft agreement with Kerr-McGee regarding
future drilling operations, and they are still working on an exhibit which shows the drilling windows
to be shown on the plat. He stated the Panhandle Eastern Pipeline indicated there is an existing
16-inch gas line along the eastern portion of Lots 5 and 6,which is also operated by Kerr-McGee.
He further stated KP Kaufman operates a low-pressure gas line within a 50-foot easement which
crosses the subdivision. He stated the applicant has indicated that he has made a diligent effort to
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enter into an agreement with KP Kauffman; however,they still have not reached an agreement. Mr.
Gathman stated due to comments provided by the City of Dacono regarding the Urban Growth
Boundary undera revised Comprehensive Plan and potential sewer service,staff is requesting the
Final Plan be reviewed by the Board of Commissioners. He requested Condition#1.F be modified
to reflect the language which was proposed at the Planning Commission hearing, included in
Exhibit I, which indicates the lots which have not been developed at the time public sewer is
available shall be connected to public sewer. In response to Commissioner Vaad, Pam Smith,
Department of Public Health and Environment,stated State statute requires a property to connect
to public sewer if it is within 400 feet. Mr. Morrison stated that requirement has also been
incorporated into the Weld County Code. Mr. Gathman stated sewer service is also being
addressed because the property is within the Dacono Intergovernmental Agreement (IGA). He
stated the Dacono Sanitation District indicated it has not dealt with the issue of when a property
should be required to connect to public sewer if a septic system is in place and functioning. He
further stated the public sewer system will not likely be in place until 2006. Commissioner Vaad
commented if a septic system fails,the property owner will be required to obtain a repair permit,at
which time staff will direct the property owner to connect to public sewer if it is within 400 feet.
Commissioner Geile commented the Covenants reflect that certain animal units will be allowed,and
he questioned whether those allowances will conflict with the future plans of Dacono if the property
is annexed. Mr. Gathman stated the Annexation Agreement does not address animal units or lot
density. Mr. Morrison stated the IGA does not specify what specific terms should be addressed in
an annexation agreement. Commissioner Geile questioned why the Annexation Agreement is being
required as a Condition of Approval. Mr. Morrison stated the condition reflects the County's
recognition of Dacono's role in this project. Commissioner Geile stated this IGA is silent regarding
Recorded Exemptions and nine-lot developments, therefore, he is not sure there should be a
Condition requiring an annexation agreement pursuant to this IGA. (Switched to Tape#2004-27.)
Mr. Gathman verified the annexation agreement is already in place because it was required as a
Condition prior to scheduling the Board of Commissioners hearing. Mr. Morrison stated unlike more
recent IGA's, this IGA does not spell out this type of development as unique; however, since the
annexation agreement is in place,the issue is mute. He also verified the 400-foot rule is not in the
State statutes relating to Individual Sewage Disposal Systems (I.S.D.S.); however,
Section 30-20-16, C.R.S.,does give the Board authority to allow a separate proceeding to compel
someone to hook up to public sewer. Mr. Gathman displayed photos of the site.
Ms. Smith stated the preliminary perk rates show that most of the lots will require engineered septic
systems. She stated the applicant has designated large primary and secondary septic envelopes
on the plat to accommodate larger engineered systems.
Peter Schei, Department of Public Works, stated because there may be the possibility for lots to
connect to public sewer, it is appropriate to consider what work will need to be done in the future if
the sewer line is located in the right-of-way,which is proposed to be paved. He stated there would
be a cost to the County to tear up the improvements and place the sewer line, and he requested
Condition #1.B be deleted because it is not an appropriate requirement prior to recording the
Change of Zone plat. In response to CommissionerJerke,Mr.Schei stated the roadway will be built
by the developer to meet County standards,and the completed roadway will be maintained by Weld
County. Commissioner Jerke proposed the cost to install the infrastructure for public sewer be
addressed by the Homeowners'Association if the improvements are necessary in the future. Mr.
Schei stated the open space would also be an option,and he feels it would be best to address the
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location of a future sewer easement at this time. He stated another option would be to install the
infrastructure now and connect when public sewer is available. Commissioner Jerke commented
that would result in a significant investment with no financial return for a very long time.
John Zadel, applicant, stated the interceptor line will be one mile north of the site, and it will run to
the Fort Lupton Sanitation facility. He stated the financing has been held up, and the Sanitation
District recently indicated the project will not start until 2006. Mr. Zadel stated he has also had
difficulty negotiating with oil and gas companies that do not respond. He stated it is not logical to
install infrastructure for a system that may not be available or needed for many years. He further
stated there are other County developments in the area that have septic systems,and he does not
feel it is feasible to extend the sewer line for one mile to serve only nine lots. He stated he chose
to limit the number of homes because he lives near the development and did not want the high
density impacts. In response to Commissioner Vaad, Mr. Zadel gave a brief description of the
location of the proposed sewer line. In response to Commissioner Geile, Mr. Zadel stated the
annexation agreement indicates the uses allowed on the lots will be similar to what is allowed in the
Estate Zone District. He stated the agreement provides some flexibility, but he intends to limit the
number and type of animals because they could detract from the value of the lots. Commissioner
Geile commented he is unsure whether the City of Dacono allows for some of the uses being
proposed by the applicant. Mr. Zadel reiterated the agreement does not address animal units;
however,the City will not be forced to annex if the development is not consistent with its plans. He
stated the agreement was negotiated to meet a County requirement prior to this hearing.
Commissioner Jerke commented unless the property becomes an enclave,the annexation would
not occur unless petitioned by the property owners. In response to Commissioner Jerke, Mr.Zadel
stated he did provide a supplemental letter from the Engineer confirming the water is in place. He
further stated the open space will be owned and maintained by the Homeowners'Association,and
the Covenants still need to be refined for the Final Plan to determine what the open space will be
used for. He stated he has seeded the open space with pasture grass, and he may try to arrange
for his cattle to graze the open space. Commissioner Jerke commented the Board has been
receiving comments from some constituents expressing interest in each homeowner owning a
portion of the open space fee simple, rather than communal ownership. He stated others have
questioned whether the open space use can be changed in the future.
No public testimony was offered concerning this matter.
In response to Chair Masden, Mr.Zadel stated he has reviewed and concurs with the Conditions of
Approval as proposed and modified. He stated the modification to Condition#1.F provided by staff
does not identify the distance or what the cost will be. He stated it will be difficult for a special
District to provide an agreement when service is not yet available,therefore,he proposed requiring
a"can serve" letter from the Sanitation District indicating that they will provide service, noting that
all district requirements must be met. Mr. Morrison stated the issue can also be addressed in the
Covenants,or require an agreement with the future lot owners requiring them to hook up when the
line is available. He concurred it will likely be very difficult to negotiate an agreement with
improvements so far out in the future;however, he expressed concern that a"can serve"letter may
not provide for enforcement. Commissioner Jerke commented he wants to ensure the language
does not require property owners to connect to the sewer system if their septic system is still
working fine. Commissioner Vaad commented he feels the issue is covered because if one of the
septic systems fails and is within 400 feet of public sewer, then they will be required to connect at
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that time. Mr.Zadel stated there will be two septic envelopes. Ms.Smith stated in the event a septic
system fails and public sewer is still not available, there will be a second septic envelope. She
questioned who will be responsible for infrastructure costs if some of the lots are developed with
septic systems and others are undeveloped and required to connect to sewer. She reiterated lots
with septic systems would not be required to connect to public sewer until the septic system failed.
In response to Commissioner Vaad, Mr. Morrison concurred that once the Planned Unit
Development is approved,the 400-foot rule would apply to the individual lots. Commissioner Geile
commented regardless of whether the property is an enclave,there is an annexation agreement in
place stating the City will annex when it is ready. In response to Commissioner Vaad,Mr.Gathman
proposed Condition#2.F be modified to state,"The applicant shall provide a letter from the Dacono
Sanitation District indicating that there is adequate capacity to serve the Planned Unit Development."
Mr. Zadel stated that language is redundant because a Special District is required to serve
properties within its boundaries. In response to Commissioner Jerke, Mr.Gathman explained the
letter would imply that although the infrastructure is not in place, the property is within the District
boundary and entitled to service once the lines are in place. Mr. Zadel stated it would be very
difficult to install infrastructure prior to knowing what the initial elevation of the future line will be.
Commissioner Jerke commented he does not agree with requiring a "can serve" letter.
Commissioner Vaad proposed deleting Condition#2.F and the Board concurred. Mr. Gathman
suggested replacing Condition #2.F with the following language, "The applicant shall provide a
signed and recorded agreement with Kerr-McGee Rocky Mountain Corporation. Evidence of such
shall be provided to the Department of Planning Services." Commissioner Jerke commented the
new language needs to be modified to state the applicant shall provide evidence of an attempt to
meet the requirements of Kerr-McGee so the oil and gas company does not have veto power. Mr.
Morrison stated in the absence of an agreement, a drilling window does need to be shown on the
plat and the applicant should provide evidence as to why that window is appropriate to
accommodate and not impair Kerr-McGee's drilling rights. Mr.Zadel stated he does have a draft
agreement with Kerr-McGee.
In response to Commissioner Geile regarding whether this application will conflict with
Section 19-2-60.C.5 of the Weld County Code regarding water and sewer service pursuant to the
IGA, Mr. Morrison stated Dacono is not in a position to provide sewer service,therefore,the terms
of the agreement have been satisfied. In response to Mr. Morrison, Mr.Gathman stated the referral
from the City of Dacono did request the development be connected to public sewer. He stated the
issue was also discussed at the Planning Commission, which resulted in the addition of
Condition#1.F. Mr. Morrison stated paragraphs three and five need to be considered together,and
they indicate the municipality must make a best effort to extend service. He stated since the new
line will not be in service until 2007,the municipality and Sanitation District are not currently able to
enter an agreement, therefore, paragraph five is satisfied. He suggested the applicant attempt to
enter into a service agreement, and a refusal to enter into an agreement would be adequate
evidence that the IGA has been addressed. He stated this issue can be addressed further at the
Final Plan. Mr. Zadel stated the District is supposed to be able to serve any property within its
boundary, and he expressed concern that the Sanitation District may quote the cost rather than
stating it cannot provide service. Mr. Morrison stated there are various forms of evidence that sewer
cannot be provided at this time. He explained under the IGA,the County must encourage or require
an applicant to connect to public sewer, if it is practically available, therefore, to be justified in
allowing septic systems, the applicant must provide the Board with evidence to the contrary. Mr.
Zadel requested a time line. In response to Chair Masden, Mr. Morrison stated this issue will need
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HEARING CERTIFICATION - JOHN ZADEL (PZ#600)
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to be resolved prior to final plan. He proposed adding a Condition prior to recording the final plat
stating the applicant must address Sections 19-2-60.C.3 and C.5 of the Weld County Code.
Commissioner Geile explained he wants to resolve the issue and prevent any potential for litigation
regarding enforcement of the IGA. Mr.Gathman proposed Condition#5.G be added 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."
Commissioner Jerke moved to approve the request of John Zadel for Change of Zone#600 from
the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine(9)
lots with E(Estate)Zone uses, based on the recommendations of the Planning Staff and Planning
Commission, with the Conditions of Approval as entered into the record. His motion included
deleting Condition of Approval #1.B, replacing Condition #1.F with the following language, "The
applicant shall provide evidence of an attempt to obtain a signed and recorded agreement with Kerr-
McGee Rocky Mountain Corporation. Evidence of such shall be provided to the Department of
Planning Services,"adding Condition#5.G 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," and
renumbering or relettering as appropriate.The motion was seconded by Commissioner Geile,and
it carried unanimously. There being no further discussion,the hearing was completed at 11:30 a.m.
This Certification was approved on the 28th day of June 2004.ruir,,4O /
`, APPROVED:
,a,. �, BOARD OF COUNTY COMMISSIONERS
'
per WELD COUNTY, COLORADO
test '
;� '� �`•�: a /44u EXCUSED DATE OF APPROVAL UttU
q� C """"�� Robert D. Masden, Chair
,S� A V: County Clerk to the Board
9 William H. r e, Pro-Tem
BY: Q�L4 � h�/,
eputy Cler to the Board
M. J. 'le
TAPE #2004-45
David Long
DOCKET#2004-45A
Glenn Vaa
2004-1560
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#600 -JOHN ZADEL
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 09/16/03)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum indicating Conditions prior to
scheduling have been satisfied, dated
04/26/2004
F. Applicant Letter addressing Conditions to prior to
scheduling, dated 03/05/2004
G. Planning Staff Memorandum requesting continuance,
dated 06/02/2004
H. Planning Staff Certification and Photo of sign posting,
submitted 06/23/2004
Planning Staff Proposed Development Standard,
submitted 06/23/2004
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF JUNE, 2004:
DOCKET#2004-52 - DONALD WROBLEWSKI
DOCKET#2004-45 -JOHN ZADEL
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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