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Home My WebLink About20030148.tiff HEARING CERTIFICATION DOCKET NO. 2003-01.a RE: CHANGE OF ZONE #592 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - WELD COUNTY LAND COMPANY, LLC A public hearing was conducted on January 15, 2003, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke 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 December 13, 2003, and duly published December 18, 2003, in the Tri-Town Farmer and Miner, a public hearing was conducted on January 8, 2003, to consider the request of Weld County Land Company, LLC, for Change of Zone #592 from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, at which time the Board deemed it advisable to continue the matter for one week to allow the applicant additional time to address concerns expressed by staff. On January 15, 2003, Lee Morrison,Assistant County Attorney, made this a matter of record. Sheri Lockman, Department of Planning Services, stated staff met with the applicant and they have agreed to align Weld County Road 16 and relocate the power poles. She stated it has been confirmed that the access from Highway 52 has been conditionally approved pending additional review of the road plans, and the applicant has agreed to align Weld County Road 14.5 as requested by the Department of Public Works, which will require a relocation of some oil and gas facilities. Ms. Lockman submitted a packet of information, marked Exhibit I, containing maps, a staff memorandum dated January 9, 2003, a letter from the St. Vrain Sanitation District, and a letter from the applicant. She stated the applicant has indicated they are willing to loose nine to thirteen lots if the issues cannot be resolved at the Final Plan. She stated the only changes will be those required to conform with the Conditions of Approval, which does not constitute a complete redesign. She further stated the applicant did contact the St. Vrain Sanitation District to determine the feasibility of service to the site. She stated it is within the District's boundaries; however, the applicant feels the necessary connections would be a financial hardship. She further stated the St. Vrain Sanitation District is serving a development to the northeast,so access to sanitary service may be available to portions of the site. Ms. Lockman stated the file is now being treated more like a Conceptual Plan rather than a Specific Plan; however,staff is still recommending denial because there is still no assurance that the applicant will be able to address all the issues of concern. She stated if the proposal is approved, staff is requesting the Board delete Conditions of Approval#1.A.9,#1.O, and#1.N, and cC A f�pj 2003-0148 PL1639 HEARING CERTIFICATION - WELD COUNTY LAND COMPANY, LLC (COZ#592) PAGE 2 add a Condition #4.M to state, "The applicant shall submit written evidence from the St. Vrain Sanitation District which indicates the feasibility of servicing the site." Ms. Lockman also requested Condition#2.A be amended to indicate the Change of Zone is for"up to"37 lots, and to update the number of acres of open space. In response to Commissioner Vaad, Ms. Lockman stated based on easement restrictions, the applicant may lose up to 13 lots; however, if they can resolve all of the issues, the Resolution would still allow for up to 37 lots. In response to Commissioner Vaad, Mr. Morrison stated the County policy is to require a parcel to connect to public sewer if it comes within 400 feet. He stated given the size of the lots, it may not affect any of the lots; however, that possibility also complicates the matter because the requirement for public sewer could potentially alter the overall design of the site. In response to Commissioner Geile, Ms. Lockman stated the applicant chose to do a septic design, which is allowed because it is not in the Mixed Use Development Area. However, it is adjacent to the non-urban part of the Tri-City Intergovernmental Agreement Area to the east. Robert Anderson, Department of Planning Services, stated on December2,2002,staff received an annexation referral for the Wildflower Subdivision in Frederick, and there will be a public hearing on January 18, 2003,with the proposal indicating the site will be using water and sewer services from the St. Vrain Sanitation and Left Hand Water Districts. Mike Burns, Community Development Group, represented the applicant and stated they have agreed to move the access points at Weld County Road 16 and 14.5. He clarified the previously submitted map was meant only to indicate the areas which were being converted from a Conservation Easement to open space, and to indicate connectivity. He further stated they are willing to lose up to 13 lots, which may involve reconfiguring or combining lots to create larger lots to accommodate the necessary easements for septic uses. He stated they have talked with the St. Vrain Sanitation District, and based on the locations of the nearest sewer lines, this site would potentially be served by three different sewer lines, and he feels the necessary lift station and line extensions are too cost prohibitive. He stated if public sewer is available for some of the lots at the Final Plan they will connect, but there will still be some lots that will still need septic systems. He further stated they do not want to spend funds on engineering and design issues if the zoning will not be approved. Responding to Commissioner Vaad, Mr. Burns reviewed the three sewer line locations required for public sewer at this site. In response to Commissioner Geile, Mr. Burns concurred that this area is rapidly growing, and stated the timing of installing infrastructure would be determined at the time of Final Plan and whether it is feasible to connect any portion of the site to public sewer. He stated if it is determined that septic systems are adequate, the Homeowners' Association will be funded to provide an annual maintenance program. Wolfgang Paul, surrounding property owner, questioned whether the power lines and trees will need to be removed from both sides of the section line for Weld County Road 16. Erin Bustamante, surrounding property owner, stated she lives at the intersection of Weld County Road 16 and 7. She stated she is opposed to the addition of this many new homes,and expressed concern with the potential for complaints from future residents who are opposed to the current uses in the area. In response to Commissioner Jerke, Ms. Bustamante stated they own one-quarter of an acre on the northeast corner of the intersection. There being no further comments, Chair Long closed public testimony. 2003-0148 PL1639 HEARING CERTIFICATION - WELD COUNTY LAND COMPANY, LLC (COZ#592) PAGE 3 Mr. Burns stated the Department of Public Works has requested the power poles be moved which are impacted by the extension of Weld County Road 16 leading into the development. He stated the lots range from 1.9 to 2.5 acres, which is consistent with the surrounding lot sizes. He further stated this site has always been privately owned and has never been designated as open space. He further stated they have reviewed and considered the plans and intent of the surrounding municipalities,and are willing to plan for public sewer on portions of the site if public sewer is in the area at the time of Final Plan. Mr. Burns stated if they are required to do public sewer, they will need to reanalyze the density to support the cost of installing public sewer. He stated they will be responsible for moving the power lines and trees for the distance of 800 feet along the extension of Weld County Road 16 leading into the site. The remainder to the west will be left alone. Peter Schei, Public Works, concurred and stated any improvements along the remainder of the section line will be addressed at a future date as it does not relate to this project. Responding to Commissioner Geile, Mr. Burns stated they will receive electric service from the same power line that currently serves the single residence and irrigation pump station. In response to Commissioner Vaad, Mr. Schei stated there is dedicated right-of-way along Weld County Road 7, so it will not impact the current property owners. He further stated the County also has 30 feet of right-of-way north of the section line for Road 16, but the southern 30 feet will need to be dedicated by the applicant. Responding to Commissioner Jerke, Ms. Lockman stated the applicant will likely combine or use portions of existing lots to ensure that all the lots address the concerns expressed by the Department of Public Health and Environment. In response to Chair Long, Mr. Burns stated he has reviewed and agrees with the Conditions of Approval as amended, and clarified this is now being reviewed as conceptual zoning with a Final Plan hearing before the Board. Commissioner Geile questioned where the lines will be relocated and who is responsible for the cost, and stated these issues will need to be resolved prior to the Final Plan hearing. The board concurred to delete Conditions#1.A.9,#1.M,#1.N,#1.O,and to add#4.M to state, "The applicant shall submit written evidence from the St. Vrain Sanitation District which indicates the feasibility of servicing the site." Responding to Commissioner Vaad, Ms. Lockman explained this addition will provide verification of whether the lines have been extended; if there has been no extension then it will not be considered feasible. Commissioner Jerke commented the current language is unclear who is responsible for conducting the feasibility studies. Commissioner Vaad commented the applicant has indicated they are willing to have at least a portion of the site hooked to public sewer if it is extended to serve the adjacent development. He expressed concern with granting septic systems, and then being unable to grant a new septic permit for repairs if public sewer is within 400 feet at some time in the future. Commissioner Jerke commented there also needs to be some flexibility once the lots are sold. Ms. Lockman suggested replacing the word "feasibility" with "availability." Commissioner Jerke stated that language only requires a letter indicating the location of St.Vrain Sanitation District sewer lines at the time of Final Plan submittal. The Board also concurred with amending Condition#2.A to indicate the Change of Zone is for"up to" 37 lots with "approximately" 28 acres of open space. In response to Chair Long, Mr. Burns indicated he concurs with the discussed modifications and revisions. Based on the Board's discussion, Mr. Morrison stated reason of approval #2.d needs to be amended to delete the word "sewer" and replace it with "sewage disposal system" to allow for septic systems. Ms. Lockman reiterated the final motion will need to indicate the Final Plan hearing will be a public hearing before the Board. 2003-0148 PL1639 HEARING CERTIFICATION - WELD COUNTY LAND COMPANY, LLC (COZ #592) PAGE 4 In response to Commissioner Geile, Ms. Smith stated there are poor soils on this site; however, the septic systems will be designed accordingly. She stated she has discussed her concerns with the applicant, and they understand that up to 13 lots could be eliminated. She further stated they also discussed the management plan which will help address the issues related to poor soils and specify the types of systems required. She further stated the engineering will ensure the systems are installed to meet the site-specific conditions, and the longevity of the systems will also be determined by the future owners. Ms. Smith stated the management plan will help educate future homeowners of what is, or is not, allowed in a septic envelope. Responding to Chair Long, Ms. Smith stated many of the management issues are true of all septic systems regardless of the slopes on these particular lots. Chair Long stated the continuance has been beneficial for discussing additional possibilities and diminishing the extent of concerns. Commissioner Vaad moved to approve the request of Weld County Land Company, LLC, for Change of Zone #592 from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, based on the criteria listed in Section 27-6- 120.D.5 of the Weld County Code. His motion also included deleting Conditions #1.A.9, #1.M, #1.N, #1.O, adding #4.M to state, "The applicant shall submit written evidence from the St. Vrain Sanitation District which indicates the availability of servicing the site," amending Condition #2.A to indicate the Change of Zone is for"up to" 37 lots with "approximately" 28 acres of open space, amend reason of approval #2.d to delete the word "sewer" and replace it with "sewage disposal system" to allow for septic systems, and renumber or reletter as appropriate. He also requested the Final Plan be reviewed as conceptual and subject to a public hearing before the Board. The motion was seconded by Commissioner Jerke, and it carried unanimously. Commissioner Geile commented the previous discussion has addressed access standards and open space, and a strong management plan will address a majority of the septic and sewer issues. He further stated it was clarified that there are no wetland issues to be mitigated, and Frederick, Firestone, Dacono, Erie, or Longmont indicated no concerns with locating an urban-scale development in a nonurban area, therefore, he supports the motion. Commissioner Masden commended staff and the developer for working out many of the issues to the satisfaction of the Board. Chair Long added the modifications also include provisions for flexibility, while maintaining the health, safety, and welfare of the citizens. There being no further discussion, the motion carried unanimously and the hearing was completed at 11:15 a.m. 2003-0148 PL1639 HEARING CERTIFICATION - WELD COUNTY LAND COMPANY, LLC (COZ #592) PAGE 5 This Certification was approved on the 20th day of January 2003. APPROVED: BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO ATTEST: � �� f. / c .e • vid Long, Clair Weld County Clerk to ''-g w141 / •. • Robert D. sden, Pro-Te BY: /i . �� .' A. _ Deputy Clerk to the Bpi M. J. Geile TAPE #2003-02 EXCUSED DATE OF APPROVAL Willia H. Jerke DOCKET#2003-01 Glenn Vaad 2003-0148 PL1639 EXHIBIT INVENTORY CONTROL SHEET Case COZ#592 -WELD COUNTY LAND COMPANY, LLC Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 11/05/2002) D. Clerk to the Board Notice of Hearing E. Applicant Letter requesting to proceed F. K. P. Kauffman Company, Inc. Letter of Opposition (01/07/2003) G. Planning Staff Photo of sign posted on site H. Applicant Site Design Map Planning Staff Site Map, Topography Map, Memorandum re: Septic system issues 1/9/03, Letter from St. Vrain Sanitation District, Sewer line location map, Letter from applicant addressing issues from last hearing J. Planning Staff Copy of Power Point Presentation K. L. M. N. O. P. Q. R. S. T. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF JANUARY, 2003: DOCKET#2003-01 -WELD COUNTY LAND COMPANY, LLC DOCKET#2003-02 -WILLIAM AND DOLORES ROBERTS PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip a I.B Lo_Arzs - 2 ( o'15 LOOP %L,S Lo Sc \R . Co 2NoL: -- t4vL /Lrky ribt i s .6,9 I td( �,`-/a G re e e`, Co V0 G / 2G-7 SOve 1/ �i/ee l�Le€ Z4:U Q?!M - jJ. SJ iTt Ltt 6c,...4oeg C C, 3 git? niN > /�-3T- - 9r-/ ( WC. /2 ' +cc.( H , Co . 80:31 � if IC Li I l l :1 1-C.- .505a G3&C 1(O &lei Co E I° /Qinrk- -;h e3 eL, & 3° 's '-° d 7 Gres/e y, ('1 AEG 3 / 9,/±/ �'i 3 u 7 5 3 `W c JO. 7 ,c� "Le-eG �G 6 3 / �/] �� -y9� J' - YO( Wv 54 K i. 506 3/ 4)1}N1 S/Y ,u/ T-r-nzA Tin,/ -rMr - ,9oo S. Sw sEr sr, zo,ve n r l'0 rase)/ 13% //7 Rab vt-t-s jfl ' / ,' c,(C 4VZ 6... red-LiCo 3'l6 32 / cv,v Ova Any," 4/a, -'e CTy w'/lrek pa y $6 2_0°6-we cc 5 00 f/6 lke- n clikr 19_.ls Ni 0.1(v6Iot ( tte 1. i .a Co U37 4261 /V (-��„e/J4o . 1,-,,, P/ ,,i re ; ;f7 tI w.. a t )0 11 ( MA.V-L i L L V03) 6-S L&--2.iY I40c 4_ 1 ti /avlc- GT L v ccS34-- ie`k (>re 3oz(Q C-I1 Ave l(ree. .i 0 e R0(p3I ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF JANUARY, 2003: DOCKET#2003-01 -WELD COUNTY LAND COMPANY, LLC DOCKET#2003-02 -WILLIAM AND DOLORES ROBERTS PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip U-ailn1i 2 Pawl to2S D c r-Gi ©rvi If , goy. loPer Co Po o3 G✓✓ 4y w% {7115��//4/'c�C 7 Cv (. Po6 3ei2 yJr',04-j 1��2�1•! `1311 fd ul � soma. LoAh vpio , miie6 ,2 ,, Tern w s t€ C2 it D ,J,2n12.0-e rc c i u,/!� 7ctiD (j /�✓ c.ra 2 bo a0 G -R --c �iIG o, UC�G� e �-Y &r& te, �C� C3 ©G S7 - 1 &t - �a� t2 i36,7,4/ ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF JANUARY,2003: DOCKET#2003-01 -WELD COUNTY LAND COMPANY, LLC PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 4-10/1i1(7 k iZi✓N -c/32( in so uJ � ��'r� 4ovL'sr�n/& CD (�JC LbZi!✓ ZStZ) _�J�Z/7�F�c(at /� 4,11 --CDN Cre'Ll �3��A-s ��o�} �� syC,rfl✓y cIc(- 15 Hello