HomeMy WebLinkAbout20032817.tiff HEARING CERTIFICATION
DOCKET NO. 2003-64
RE: CHANGE OF ZONE, PZ #1011, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - RIVER RUNS
THROUGH IT, LLC
A public hearing was conducted on September 3, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern
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, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 8,2003,and duly published August 14,2003,
in the South Weld Sun, a public hearing was conducted to consider the request of River Runs
Through It, LLC,fora Change of Zone,PZ#1011,from the A(Agricultural)Zone District to the PUD
(Planned Unit Development)Zone District forforty(40)lots with R-1 (Low Density Residential)Zone
Uses in the A (Agricultural) Zone District including 193 acres of open space consisting of a river
corridor and two private recreational lakes. 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. Ms. Lockman stated this Planned Unit Development(PUD)will be called Pelican Shores
PUD,and it is located within the Mixed Use Development(MUD)area. She stated there is a gravel
mine currently being finalized on this site, Of 20 referral agencies, 14 responded favorably or with
concerns which have been addressed in the Conditions of Approval. Ms. Lockman stated the Town
of Mead, has indicated it does not want Pelican Shores to be approved as an unincorporated project
and that it should be referred to the Town for possible annexation; however,the site is outside the
recognized Intergovernmental Agreement area,and the applicant has chosen to proceed through
the County PUD process. Ms. Lockman stated the Saint Vrain Valley School District has indicated
it is opposed to the proposal due to overcrowded schools,although the District did request a cash
in lieu of land dedication fee,which has been included as a Condition of Approval, in the event the
Board approves the proposal. She also stated no correspondence has been received from
surrounding property owners. Ms. Lockman stated the northern portion of the PUD will be serviced
by Little Thompson Water District,the southern portion by Central Weld County Water District,and
the Saint Vrain Sanitation District will provide sewer services. Ms. Lockman stated the agreement
submitted by the applicant regarding water and sewer are adequate for the Change of Zone. She
stated that at the Planning Commission Hearing it was agreed that the applicant would be allowed
to vary from the MUD standards,and build the interior roadways as two 12-foot paved lanes with an
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eight foot gravel shoulder only in those areas adjacent to homes,and sidewalks,curbs,and gutters
are not being required. Ms. Lockman stated the Department of Public Works has required an
80-foot right-of-way for Weld County Road 26 to be dedicated at Final Plat, and the traffic impact
analysis report indicated that it should be paved. The applicant is being required to build one-half
of the MUD collector section of Weld County Road 26 for the length of the frontage property,as well
as pave the full width of the remaining existing roadway. Ms. Lockman stated referral agencies have
voiced concerns regarding the stabilization of the river bank;however,the applicant has worked with
the Corps of Engineers to assure the banks are adequately stabilized,and Conditions of Approval
and Development Standards insure that the future work required to maintain the stabilization is at
the expense of the Homeowners'Association. Ms. Lockman stated the applicant has included a
copy of the Letter of Map Amendment approved by FEMA,which accurately describes the location
of the floodplain,and Conditions of Approval assure the floodplain elevations shall be considered
prior to building on the site. Ms. Lockman stated the applicant has requested administrative review
to the Final Plan. She also requested reason for approval#2.8.2 in the draft resolution be changed
to state,"Conditions of approval ensure the interior roadway will have two 12-foot paved lanes with
8-foot paved parking lanes adjacent to the homes along with. . ." She also requested deletion of all
except the first sentence in the second paragraph of reason for approval #2.G, since it has been
completed. Ms. Lockman displayed photographs of the site, and stated, because of the river
corridor, there are two very distinct sites and, therefore, there will be two separate Homeowners'
Associations and two different accesses to the sites. Responding to Commissioner Geile, Ms.
Lockman stated this property is not within either the Mead or Firestone Intergovernmental Boundary
area,and the response from Firestone indicated no concerns with the proposal. Responding further
to Commissioner Geile, Ms. Lockman stated the only concern listed by the Town of Mead is that the
Town requested an annexation agreement be executed. Commissioner Geile stated that,according
to the IGA,there is nothing that requires a developer to go to the Town of Mead,or any other town,
unless it is in the Urban Growth Boundary area. Commissioner Geile also addressed the Town's
comment that the number of homes indicates this subdivision should be in a municipality, since it
is being cut off by the Saint Vrain River to the south, traffic will flow east to access through roads
that are or will become part of Mead, consequently impacting Mead without the Town having any
control or revenue from the subdivision. Responding to Commissioner Geile, Don Carroll,
Department of Public Works,stated Mead has annexed State Highway 66 to the intersection with
Weld County Road 13,which is directly north of the Grand View Estates, therefore, some portion
of that annexation may carry traffic in this direction. Mr. Carroll also stated Weld County Road 28
is the next east/west road in the area,and it has not been annexed by Mead,therefore,there does
not appear to be any basis for the statement Mead made in its letter. Responding to Commissioner
Vaad, Ms. Lockman stated there is one irrigation ditch on this site, and there is a setback in the
application. She also stated a Condition of Approval requires a final agreement regarding the ditch.
Pam Smith, Department of Public Health and Environment, stated the subdivision is proposed to
be served by public water and sewer. She also stated her questions about recreational activities
on the lake, such as whether memberships will be sold for public use were answered by the
applicants assurance that the lake is private and only for the use of property owners and their
guests. Responding to Commissioner Masden,Ms. Lockman stated the developer has made plans
for a future connection to the Saint Vrain Legacy Trail project along the river corridor, and he has
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discussed it with the Division of Wildlife.
Mr. Carroll stated there are two access points because the Saint Vrain River separates the two
parcels. He stated access to the north parcel is from Weld County Road 13 just north of the new
bridge,and the road will terminate in a cul-de-sac with two 12-foot paved driving lanes. Mr. Carroll
stated this will be a gated community,and the south access is from Weld County Road 26,which
is a collector status road with 80-foot right-of-way at full buildout. He stated the applicant is
dedicating the right-of-way on both Weld County Roads 13 and 26 to Weld County to accommodate
future widening and growth in the area. Mr. Carroll stated on Weld County Road 26, the applicant
will build one-half of the typical cross section in the MUD section,plus the remaining portion on the
existing road section to accommodate two-way traffic;and the applicant has dedicated the additional
right-of-way required for Bridge 13/26 and Weld County Road 13.
Douglas Tiefel,Attorney,represented the applicant and stated he is the owner of the north portion
of the property, as well as manager of The River Runs Through It, LLC. Mr.Tiefel stated,with the
curves and bends in the river,there is close to three-fourths or one mile of river through the property.
He stated it is a beautiful area, and the property has been gravel mined for 20 years. Mr. Tiefel
stated the lake on the south was made by one of the three previous gravel operators, his company
is now completing the gravel mining. He stated his company will be done on the north side in the
next month, and the south has already been completed and has been completely reclaimed. Mr.
Tiefel stated that during the last two years,even with drought conditions,the water level remained
the same on the south lake because of underground springs. He stated the north lake has been
tested for water elevation and they are grading accordingly, based on the location of the river, and
they are currently getting seepage through and pumping water 24 hours per day. Mr.Tiefel said that
as the gravel has been extracted, they are doing concurrent reclamation, with ninety percent
completed on all of the slopes on the north lake. He stated the entire project is within the Saint Vrain
Sanitation District,there are main lines running at the base of the northern lots and in Weld County
Road 26 for the southern lots,and all water lines are in place on the property. Mr.Tiefel stated they
have been working with all the referral agencies,and all the utilities are there and all the provisions
for easements are in order on the map. He said they have had numerous conversations with Kerr-
McGee to get the oil and gas agreement,which has been recorded,and stated the applicants own
all the mineral rights. He stated five drilling sites have been identified and are on the revised plat,
they have agreed on setbacks,and all lots are buildable. He said four out of five drilling sites will not
be accessed through the subdivision,and one well has access from a shared road with the future
homeowners. Responding to Commissioner Geile regarding Condition of Approval #1.A and
annexation into the Town of Mead, Mr.Tiefel stated he would prefer the condition be deleted,since
it no longer applies. Mr.Tiefel spoke to the Town Administrator when the letter was received,who
said the Town will eventually expand south to the river and possibly to Weld County Road 26;
however,when asked whether the Town is able to provide water and sewer, he said no,therefore,
the applicants prefer not to be annexed into Mead, and the MUD was amended to include this
property. Commissioner Geile moved to delete Condition of Approval#1.A,since this site is not in
the Urban Growth Boundary Area. Seconded by Commissioner Masden, the motion carried.
Responding to Commissioner Vaad, Mr. Tiefel pointed out the Rural Ditch which is located in the
south parcel,and he said there is a 100-foot easement on the map from centerline,and an irrigation
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lateral that goes along Weld County Road 26, then north on Weld County Road 13,which is also
protected with an easement on the plat. Frank Sewald,whose residence is at the corner of Weld
County Roads 13 and 26, stated in the past when the property flooded, the water crossed Weld
County Road 24 and went north. He stated it was all farmland then, but he does not remember the
path of the flood water;however,the water did spread out and was intercepted by the Last Change
and Rural Ditches. He said various companies have been mining the gravel over many years,and
it is refreshing to see someone finally completing reclamation work,and doing something with the
property. Responding To Commissioner Jerke, Mr. Tiefel stated Central Weld Water District is
servicing the site, although no funds have been expended to improve its infrastructure, pending
approval of this application. Mr. Tiefel stated the District has given the applicants the choice of
whether they extend the water line from Weld County Road 13 to tie into it or contribute to the
District's improvements along Weld County Road 13; however, they will probably decide to make
the contribution to the project which is already being constructed. Responding to Commissioner
Jerke, Mr. Carroll stated the right-of-way on Weld County Road 13 is 130 feet through this section
with 65 feet on the applicant's side, which was agreed upon at the beginning of this application,
although 140 feet is generally requested.
No public testimony was offered concerning this matter. Responding to Chair Long, Mr. Tiefel
stated he is in agreement with all Conditions of Approval, as well as the recommendation by
Department of Planning Services staff to amend#2.B.2 and delete all but the first sentence of the
second paragraph of#2.G, and deletion of Condition of Approval 1.A.
Mr. Carroll verified that since the internal roads are not being built to the MUD standards, they will
be considered to be a privately maintained roadway system. Responding to Commissioner Geile,
Mr. Tiefel stated that is addressed in the Homeowners' Associations.
Commissioner Jerke moved to approve the request of River Runs Through It, LLC for Change of
Zone,PZ#1011,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone
District for forty(40)lots with R-1 (Low Density Residential)Zone Uses in the A(Agricultural)Zone
District including 193 acres of open space consisting of a river corridor and two private recreational
lakes,based on the recommendations of the Planning staff and the Planning Commission,with the
Conditions of Approval as amended,with approval for administrative review of the Final Plan. The
motion was seconded by Commissioner Vaad. Commissioner Jerke stated it is very refreshing to
see this end use come about,and he is excited about seeing water storage,lakefront property,and
the project has been well planned. The motion carried unanimously. There being no further
discussion, the hearing was completed at 11:30 a.m.
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This Certification was approved on the 8th day of September, 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
Lath
W COUNTY,fCO ORADO
ATTEST: l, a
David E. Long, Chair
�LClerk to the Board
EXCUSED
Robert D. en, Pro-Tern
rk to the Board
®raj . �'� �
M. J. eile
03-35 / �,�C
William H. Jer
DOCKET#2003-64
Glenn V ad
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1011 - RIVER RUNS THROUGH IT, LLC, CIO DOUGLAS TIELFEL
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 07/15/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Surface Use Agreement (07/25/2003)
F. Planning Staff Affidavit of posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 3RD DAY OF SEPTEMBER, 2001:
DOCKET #2001-63 - PF#543, LONG'S PEAK ESTATES, PROPP, C/O RINKO, LLC
DOCKET#2001-64 - PZ#1011, RIVER RUNS THROUGH IT, LLC, C/O DOUGLAS TIEFEL
PLEASE legibly write or print your name and complete address and the
DOCKET# (as listed above) or the name of the applicant of the hearing you are attending.
/NAME AND ADDRESS(Please� include City and Zip Code)DOCKET#OF HEARING ATTENDING
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