HomeMy WebLinkAbout20043351.tiff HEARING CERTIFICATION
DOCKET NO. 2004-104
RE: CHANGE OF ZONE, PZ#1050, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS
WITH E (ESTATE) ZONE USES; ONE (1) COMMON OPEN SPACE OUTLOT, AND
TWO (2) AGRICULTURAL OUTLOTS - P AND A TURKEY FARMS, INC.
A public hearing was conducted on December 15,2004,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, Michelle Martin
Health Department representative, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 19, 2004, and duly published
November 24, 2004, in the Fort Lupton Press, a public hearing was conducted to consider the
request of P and A Turkey Farms,Inc.,for Change of Zone,PZ#1050,from the A(Agricultural)Zone
District to the PUD(Planned Unit Development)Zone District for nine(9)lots with E(Estate)Zone
uses;one(1)common open space outlot,and two(2)agricultural outlots. Lee Morrison,Assistant
County Attorney, made this a matter of record. Michelle Martin, 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 surrounding land uses. She stated 19 referral agencies reviewed this proposal, 16
responded favorably or provided comments that have been addressed in the Conditions of Approval,
and staff received no response from the Platte Valley Fire Protection District, Oil and Gas
Conservation Commission, or Gilmore Ditch Company, nor any comments from surrounding
property owners. Ms. Martin reviewed photographs of the site, and submitted a Memorandum,
marked Exhibit M, requesting Conditions #1.A.2 and 1.A.5 through 1.A.8 be deleted since the
applicant has submitted a revised plat map, marked Exhibit L, that has addressed these issues.
Ms.Martin stated the applicant has requested an administrative review of the Final Plan,and staff
supports this request. In response to Commissioner Geile, Ms. Martin stated the changes to the
plat include listing Weld County's Right to Farm statement, removing some of the access roads,
realigning the internal access to address concerns from a surrounding property owner,and adding
a 20-foot agricultural/ditch easement access road. Responding to Commissioner Jerke,Ms.Martin
stated the memorandum from the Department of Public Health and Environment indicated no
concerns with septic envelopes in the oil and gas drilling envelopes. Ms. Smith stated there is
enough area for the septic envelopes to be located elsewhere;however,overlapping is typically not
a problem. Mr. Morrison stated that is true only if they are conventional septic systems. Ms.Smith
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concurred and added she is aware of only one oil and gas agreement which stipulated there could
be no sort of ignition point in the oil and gas drilling window. Chair Masden commented he would
prefer to see it changed to ensure the septic systems are not collapsed or damaged. Responding
to Commissioner Jerke,Ms.Martin stated the majority of the open space will be used as a detention
pond to address drainage issues. Responding to Commissioner Geile, Ms. Martin stated the
Conservation Easement is only on the 101-acre area (Outlots B and C).
Pam Smith, Department of Public Health and Environment, stated she is anticipating the septic
systems will be engineered,or shallow systems. She stated the percolation tests on the site were
good, and the envelopes are 5,000 square feet to accommodate any type of system. She further
stated there is a residence on Lot 2, Block 2,that has an existing septic system; however,there is
no record of a permit, so it will need to be evaluated based on the outcome of this hearing.
Donald Carroll, Department of Public Works, stated the internal road system will be named
Ridgeview Lane,and since the Planning Commission hearing, it has been realigned to the east to
prevent headlights from shining into the residence located to the north. He stated the internal drive
will be paved, with a 50-foot cul-de-sac, and he reviewed the pavement design stating staff
discourages the use of full-depth asphalt. Responding to Chair Masden, Mr.Carroll explained the
contractors provide three paving types and full-depth asphalt does not provide adequate base,which
results in cracking. He explained the base and asphalt option results in double hauling; however,
the quality is better. Following the Planning Commission hearing,Mr.Carroll stated he viewed the
site and noted they have done dust control on this road, which was likely done as part of a detour
route from another project. He stated this is classified as a local gravel road and staff is requesting
improvements on Weld County Road 42,as well as proportional sharing for Weld County Road 49
along the property frontage. He further stated there was public concern expressed at the Planning
Commission regarding poor sight distance to the south on Weld County Road 49,and he submitted
a photograph,marked Exhibit H. Mr.Carroll stated the speed limit on Road 49 is 65 miles per hour,
there are T intersection warning signs on both sides of the intersection, the road is paved, it is 40
feet wide with paved shoulders, and it is also a No Passing zone through this intersection. He
stated Weld County Road 52 is a local gravel road,there is a stop condition coming onto Road 49,
and it is a 26-foot-wide gravel road.Mr.Carroll stated they did measure the stopping distance from
the crest of the hill to the T intersection, and according to the American Association of State
Highways and Transportation Officials(AASHTO),the sight distance is within the parameters of the
speed limit. Responding to Chair Masden,Mr.Carroll stated Weld County Road 52 is narrow,and
there is a Development Standard which requires the applicant to submit construction drawings to
be reviewed by staff. He stated there is 40 feet of pavement now which could be re-striped to
accommodate an acceleration lane. He further stated the site conditions are fine if traffic obeys the
speed limits, however, if a vehicle is speeding, then there are sight distance problems.
Todd Hodges,Todd Hodges Design, LLC, represented the applicant and stated this is a 9-lot PUD
with open space, as well as two large parcels, labeled Outlots B and C, which are under a
Conservation Easement. He explained they chose to use common open space for the drainage
facility rather than place individual easements for each residence. Mr.Hodges stated they moved
the access 50 feet east to address a concern of the property owner to the north and prevent
headlights from shining into their residence. He stated the Conservation Easement is
approximately 101 acres into perpetuity,to be deeded with the existing irrigation pivot and some
water shares to make the transition from the agricultural alfalfa production to a dryland species. He
stated the existing house has an access from Weld County Road 49, which will be closed once
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Ridgeview Lane access is completed, and the work will be dealt with through the Improvements
Agreement. Mr. Hodges stated the School District has agreed to come into the development to pick
up children,and the applicant is also willing to work with them in the future if they need a bus pull out
outside the development. He stated they have submitted an Oil and Gas Surface Use Agreement,
which addresses the septic envelope within the drilling envelope. He explained the site has been
drilled,with the exception of the center drilling window,and there are three existing wells and a tank
battery in the open space and the Conservation Easement. He explained they felt the placement
of the septic envelope was the best use of that land since they cannot locate structures within that
area, and there is still adequate room for oil and gas drilling operations in the open space and
Conservation Easement areas. Mr.Hodges stated they are also in the Airport Overlay District,so
they have an Avigation Easement in place with the Airport Authority to address building height and
provide notice of potential noise in the future. He stated there is a ditch right-of-way through the site,
the applicant has worked with the Farmers Reservoir and Irrigation Company(FRICO), and they
will submit a final drainage design as part of the Final Plan. There is an existing road on the other
side of the ditch,as well as within this property which is used for agricultural and ditch maintenance
purposes. Mr. Hodges stated the applicant requested input from the surrounding property owners;
however,they received no comment other than the lighting concern at the Planning Commission,
which has been addressed. In response to Commissioner Jerke, Mr. Hodges stated the
Homeowner's Association will own the Conservation Easement,but the Outlots could be sold with
the Conservation Easement to remain in place into perpetuity. He further stated they need the water
shares to run the pivot sprinkler to establish the native grass species,and he added they currently
have 12 shares of FRICO. Commissioner Jerke commented the water should only be needed for
a few years until the grassland is established,and it would be wise to make some provision for the
transfer of the water shares if it is to the benefit of the Homeowners'Association to sell in the future.
Ron Burnhardt, surrounding property owner, expressed his appreciation for the applicant's
realignment of the access. However, he stated his primary concern is the intersection of Weld
County Roads 52 and 49, which is located at the crest of a hill. Chair Masden expressed similar
concerns. Commissioner Jerke suggested it may be good to designate the impact fees for this
project for this specific intersection,rather than use in the general Southwest Weld fund. Ms.Martin
stated the Conservation Easement does have a provision that allows the applicant to use the water
shares elsewhere in Weld County or for a use consistent with the Grantee's mission.
Mr. Hodges stated he supports designating their impact fees for this location, and there is a
Condition of Approval which requires them to proportionally share in off-site improvements to Weld
County Road 52. Mr.Morrison stated Weld County Road 49 is designated as a strategic road,and
there is a process to determine what is a priority project. He suggested using the matching concept
rather than designating funds through the zoning process when that is typically done through the
strategic roadway process. The agreement could state their proportional share would be in-kind,
and they would be relieved of their obligation if the County did not complete the project.
Commissioner Long stated the intersection at Weld County Road 49 is already 40 feet wide,
including the driving lanes, and the shoulders could be re-striped to allow for turning lanes. Chair
Masden commented there are other locations throughout the County that provide pull off areas
where cars can pull out of the traffic lane and sit and wait to turn. Mr.Carroll stated he will consider
that option, and he also reviewed the traffic accident information for the record. In response to
Commissioner Jerke, Mr.Carroll stated the Traffic Plan will be done before the Final Plan,and the
average daily traffic count at this intersection ranges from 120 to 150 vehicles,and additional traffic
from this development puts it over 200, which moves is up into the next warrant category.
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Mr.Hodges referenced Condition of Approval#1.C and stated they will continue to work with FRICO,
but if there is no success, they will provide evidence that they made an adequate attempt.
Responding to Commissioner Geile, Mr. Hodges stated they anticipate constructing stick-built
homes which are compatible with the area, and he noted the application also allows for Carriage
(Mother-in-law)or Axially Quarters that will be attached to the primary residence. He further stated
they have done the Covenants so that they will have one contractor come in and maintain the septic
systems on an annual basis. Responding to Chair Masden, Mr. Hodges stated they have reviewed
and concur with the Conditions of Approval. Ms. Smith stated if the septic envelope is going to be
relocated then Condition#1.A.8 should not be deleted. Mr. Morrison clarified septic systems are
permitted separately from structures,and they do not violate setbacks if they are within the oil and
gas drilling window. Commissioner Jerke commented it does not appear to be a big issue based
on the previous discussion. Commissioner Geile questioned whether the intersection should be
dealt with in the 5-year improvement plan since there is the potential for development in this area.
Commissioner Jerke commented his intent is to take the impact funds, matching funds, etcetera,
and correct the safety issues at this location. The Board agreed with allowing an Administrative
Review of the Final Plan.
Commissioner Jerke moved to approve the request of P and A Turkey Farms, Inc.,for Change of
Zone, PZ#1050,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone
District for nine(9)lots with E(Estate)Zone uses;one(1)common open space outlot,and two(2)
agricultural outlots, based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record. His motion included
deleting Conditions#1.A.2,and#1.A.5 through#1.A.8 and renumbering accordingly. The motion
was seconded by Commissioner Long, and it carried unanimously. There being no further
discussion, the hearing was completed at 2:30 p.m.
This Certification was approved on the 20th day of December 2004.
APPROVED:
� . z.1Le BOARD OF COUNTY COMMISSIONERS
��., / ''/////����/A/// //q li_DTIFY, COL�p\JADO
1861. -.. tl,r i�� (/✓�/iyiJ ADO
<,�k / Robert D. Masden, Chair
'K lerk to the Board11 /
4� t /, William H. r<e, Pro-Tern
By:7Deputy Clerk o the oard
M. J. 'le
TAPE #2004-55 ,
Davi . Long
DOCKET#2004-104
Glenn Vaad
2004-3351
PL1754
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1050 - P AND A TURKEY FARMS, INC
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 11/02/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Referral Response from Department of
Public Works (11/09/04)
F. Applicant Surface Access Agreement, received
11/24/2004
G. Planning Staff Certification and Photo of sign posting
H. Public Works Staff Photo taken 11/09/2004
Applicant Site Plan
J. Applicant Aerial with plat map overlay
K. Applicant Plat drawing
L. Applicant Oversized Change of Zone Plat map (2
pages)
M. Planning Staff Memorandum re: Proposed changes to
Conditions of Approval, dated 12/15/2004
N.
O.
P.
Q.
R.
S.
T.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF DECEMBER, 2004:
DOCKET#2004-99 - SAMUEL AND CYNTHIA CLARK
DOCKET#2004-103 - BIBLE BAPTIST CHURCH
DOCKET#2004-104 - P AND A TURKEY FARMS, INC.
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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