HomeMy WebLinkAbout20042519.tiff HEARING CERTIFICATION
DOCKET NO. 2004-82
RE: CHANGE OF ZONE #629 FROM THE A (AGRICULTURAL) 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 - DALLAS AND MARJORIE SCHNEIDER
A public hearing was conducted on September 15,2004,at 10:00 a.m.,with the following present:
Commissioner Robert D. Masden, Chair- EXCUSED
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, Jacqueline Hatch
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated August 20,2004,and duly published August 25,2004,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Dallas and
Marjorie Schneider for Change of Zone#629 from the A (Agricultural) 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. Lee Morrison,Assistant County Attorney, made this a matter
of record. Chair Pro-Tem Jerke advised Dallas Schneider, applicant, 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
Masden will listen to the record and make the determining vote. Mr.Schneider indicated he would
like to proceed today.
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 surrounding uses,and stated the site is within
the three-mile referral areas for Dacono, Erie,Frederick,Firestone,Longmont,and Boulder County.
She stated water will be provided by the Left Hand Water District and the lots will have septic
systems. There will be 21 acres of open space, 19 of which are part of a ditch corridor, with the
remaining acres containing oil and gas activities. Ms. Hatch stated 18 referral agencies reviewed
this proposal,five did not comment, 11 provided comments that have been addressed through the
Conditions of Approval, and staff received no comments from surrounding property owners. She
stated the applicant has reached an agreement with Kerr-McGee, attempted to acquire an
agreement with K.P. Kauffman, and the road has been redesigned to meet oil and gas setback
requirements. She further stated the applicant has completed Condition of Approval #2.S.5,
therefore, it can be deleted, and she added the Planning Commission did include a Condition that
2004-2519
PL1741
6( . 7'L7 ///c! /JL /O Oln -<re/
HEARING CERTIFICATION - DALLAS AND MARJORIE SCHNEIDER (PZ#629)
PAGE 2
requires a gravel internal road. In response to Commissioner Geile, Ms. Hatch stated the Shaw
gravel mine is done and being reclaimed; however,the area north of the Shaw pit is still operating
and there is no agreement with the mining operator to use the lakes for recreation. Responding to
Chair Pro-Tem Jerke, Ms. Hatch stated the County roads servicing this site are gravel. She
explained the applicant submitted a paving waiver request that was denied by the Department of
Public Works, and later granted by the Planning Commission.
Pam Smith, Department of Public Health and Environment, stated these will be large lots ranging
from 2.6 acres to 4.1 acres. She stated the preliminary perk rates indicate conventional septic
systems will be adequate, and there does not appear to be any limitations, therefore, she is not
requesting the designation of septic envelopes. In response to Chair Pro-Tem Jerke, Ms. Smith
stated the water table is lower than eight(8)feet,which will not impact the septic systems; however,
if engineering is required, each system will be designed and installed on a case-by-case basis.
Responding to Commissioner Geile, Ms. Smith stated this site is not in the Saint Vrain Sanitation
District 208 boundary.
Peter Schei, Department of Public Works,stated this site originally started as a Minor Subdivision,
and was later modified to a Planned Unit Development(PUD). He explained a PUD requires paving
of internal roadways,which is why staff denied the paving waiver request. He stated Weld County
Road 16.5 is currently a gravel road, and since it is not high density, the Planning Commission
granted the waiver request. Mr. Schei stated staff is requesting the applicant participate in an Off-
site Improvements Agreement because the average daily traffic count exceeds 200 vehicles,and
paving will likely be required in the future due to anticipated growth in the area. In response to
Commissioner Geile, Mr.Schei stated the Off-site Improvements Agreement would only be for Weld
County Road 16.5,which is the main access to the PUD. He stated the emergency access is from
a section line road, which is not an official County road, nor is it maintained by the County. The
interior roadway is currently accepted for gravel lanes because Weld County Road 16.5 is gravel,
and this and future developers in the area will be required to pay a proportional share for any future
paving projects. He further stated the individual funding and collateral depends on the terms of the
agreement and the requirements of their banks. Responding to Chair Pro-Tem Jerke, Mr. Schei
stated the agreement details are finalized as part of the Final Plan or Site Plan Review.
Clayton Harrison, Pickett Engineering, represented the applicant and was present to answer
questions.
Helen Bryant,surrounding property owner,stated this property used to belong to her family and she
questioned how the site will be accessed. Ms. Hatch stated this property was created through a
Recorded Exemption, and it does front onto Weld County Road 16.5. Responding to Ms. Bryant,
Mr.Schei explained the general terms of an improvements agreement and how each developer will
be required to proportionally share in the cost of future paving. There being no further comments,
Chair Pro-Tem Jerke closed public testimony.
In response to Chair Pro-Tem Jerke, Mr.Schei stated the southern panhandle portion of the site is
approximately 385 feet wide,most of that area is in the floodplain,and the outlots will be maintained
by the Homeowners' Association. In response to Commissioner Geile, Mr. Schei stated the
proportional share for improvements to Weld County Road 16.5 between Weld County Roads 1
and 3.25 will be based on the amount of traffic generated by this development compared to existing
2004-2519
PL1741
HEARING CERTIFICATION - DALLAS AND MARJORIE SCHNEIDER (PZ#629)
PAGE 3
background traffic. Commissioner Vaad commented the County will also have a background
proportional share. Responding to Chair Pro-Tem Jerke, Mr. Harrison stated he and the applicants
have reviewed and agree with the Conditions of Approval as proposed and modified.
Commissioner Vaad moved to approve the request of Dallas and Marjorie Schneider for Change
of Zone#629 from the A(Agricultural)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 Condition of
Approval#2.S.5 and renumbering accordingly. The motion was seconded by Commissioner Geile,
and it carried unanimously. There being no further discussion, the hearing was completed
at 10:40 a.m.
This Certification was approved on the 20th day of September, 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
.'.
' G^° WELD COUNTY, COLORADO
Imo /Is
ilia!/ � � EXCUSED
1861 I. , ¢.9t♦� Robert D. Masden, Chair
C, I�'k to the Board
�® A William H. rke, Pro-Tem
�u_f- JJ ,
puty Clerk to the Board /f! - -rts
M. J.--,: — P
TAPE #2004-40 do C Cet
David E. Long vvv
DOCKET#2004-82 EXCUSED DATE OF APPROVAL
Glenn Vaad
2004-2519
PL1741
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#629 - DALLAS AND MARJORIE SCHNEIDER
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 08/17/04)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
08/18/2004
F. Pickett Engineering, Inc. Letter re: Surface Use Agreement with K.P.
Kauffman, dated 07/08/2004
G. Kerr-McGee Rocky Mtn. Corp. Letter re: Surface Use Agreement,
08/25/2004
H. Bobby and Cindy Waddle
Flying Piglet Ranch Letter of Concern, dated 09/12/2004
Planning Staff Certification and Photo of sign posting
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF SEPTEMBER, 2004:
DOCKET#2004-82 - DALLAS AND MARJORIE SCHNEIDER
DOCKET#2004-80 - RIVER RUNS THROUGH IT, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
o o S . , ,(_„.,; 7° 5 3 fs
--ra�'/ 1� S/ 56/ aJ)2 26 4104'O gaSQ‘--i
C(.Airo 60 Sos okh strain-, c e-e-g . /cam €3O(o 5
_Paz/4 S c *e,v e +A ice/- of k'(it/g /
,L Vt a- SOCa V
YklAAy, 6ti.¢ w (5.-o u) c h' / p n hs-n ?eel/ Cho 8asro cF
Hello