HomeMy WebLinkAbout20030083.tiff HEARING CERTIFICATION
DOCKET NO. 2003-02
RE: CHANGE OF ZONE#552 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR TEN(10) RESIDENTIAL LOTS
WITH E (ESTATE) ZONE USES, AND 51+/- ACRES OF COMMON OPEN SPACE, AS
WELL AS THE OPEN CUT GRAVEL MINING OPERATION,ASPHALT AND CONCRETE
BATCH PLANTS, AND RECYCLING PLANT PERMITTED UNDER USE BY SPECIAL
REVIEW PERMIT#1125 -WILLIAM AND DOLORES ROBERTS
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-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, Robert Anderson
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 20, 2002, and duly published
December 25, 2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to
consider the request of William and Dolores Roberts for Change of Zone #552 from the A
(Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for ten (10)
residential lots with E (Estate) Zone uses, and 51+/- acres of common open space. Lee
Morrison, Assistant County Attorney, made this a matter of record. Robert Anderson,
Department of Planning Services, presented a brief summary of the proposal and entered the
unfavorable recommendation of the Planning Commission into the record as written. He stated
the site is 80 acres, and he gave a brief description of the location of the site and surrounding
uses. Mr. Anderson stated 16 referral agencies reviewed the proposal, and 12 responded with
comments which have been incorporated into the Conditions of Approval. He stated the City of
Greeley recommends denial stating the proposal does not meet the intent of its Comprehensive
Plan. He further stated the site is not located in any Intergovernmental Agreement area of
Urban Growth Boundary; however, it is within the three-mile referral areas for the Town of
Windsor and City of Greeley. Mr. Anderson displayed various photos of the surrounding area.
He stated staff concurs with the Planning Commission's recommendation of denial; however, if
the proposal is approved, staff is agreeable to an Administrative Review of the Final Plan. In
response to Commissioners Geile and Jerke, Mr. Anderson stated no portion of the site is in the
flood plain, and the pond area is currently being mined by Hall-Irwin Corporation.
Commissioner Geile commented it appears the applicant has shares in the Whitman Ditch and
he questioned how the augmentation plan will work.
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Billy Roberts, applicant, stated he began planing for this project in 1999. He explained
Hall-Irwin Corporation is currently mining the future pond area, and a Sketch Plan was
submitted in August 2000. He stated the development was postponed until December 2001 to
allow the Department of Public Works time to complete a roadway design and curve for 83rd
Avenue and Two Rivers Parkway. As a result of that project, Mr. Roberts stated the mining
permit was approved with a condition that they mine from west to east. He stated in July 2002,
they completed a Second Amended Use by Special Review Permit at which time the
Department of Public Works requested they contact the local power association to obtain a
license to construct a berm which is being used as a separator to buffer noise between the
internal road and Two Rivers Parkway. Mr. Roberts stated staffs primary reason for denial is
the request for ten lots instead of nine.
Chair Long recessed the meeting until 1:30 p.m. (Switched to Tape #2003-03.) Upon
reconvening Mr. Roberts responded to Commissioner Geile, stating he purchased the site in
1994 and has lived across the street for 12 years.
Todd Hodges, Todd Hodges Design, LLC, represented the applicant and stated the site is
located one mile north of the City of Greeley and two miles east of Windsor. He stated the
proposal is consistent with Windsor's design criteria and it will serve as a buffer between
Greeley and Windsor. He displayed a vicinity map showing other similar subdivisions in the
area, as well as an aerial photograph, marked Exhibit I. He stated the site will be accessed
from Weld County Road 64.5, the internal road will be paved, and the local School and Fire
Protection Districts have approved the mail/bus delivery system. He further stated the lots
range in size from 2.451 to 2.468 acres, the cul-de-sac meets Weld County's criteria, and 49
percent of the site consists of open space. Mr. Hodges stated the lake is approximately 45
acres, there will be adequate parking and a boat ramp, and the water can be used for irrigation.
He stated there is a berm with vegetation planted between the County road and internal road,
and they are working with the Division of Wildlife to conserve the open space for wildlife habitat.
He further stated this site was previously divided through the Recorded Exception process, and
the proposed lots will be subject to Covenants under the Homeowners' Association, with
architectural controls which are consistent with the area. Mr. Hodges stated the site is located
within the Road Impact Fee area, which implies it is a more urbanized area, and added the
Planned Unit Development process was devised to allow flexibility. He stated the lots will be
clustered, the use is compatible with existing and future uses, the site has a dual water system,
they have provided a turn around area. He further stated they are working with the appropriate
utility companies, and they have also worked with the Division of Wildlife regarding the lake
design and reclamation. Mr. Hodges requested an administrative review of the Final Plan if this
Change of Zone is approved. In response to Commissioner Masden, Mr. Hodges stated the
Conditions of Approval require a cash-in-lieu fee, in the amount of$13,000. Responding to
Commissioner Jerke, Mr. Hodges clarified the lake is 33 acres, and the Use by Special Review
Permit boundary encompasses 45 acres.
Alan Overton, North Weld County Water District, stated the dual systems will only provide in-
house water, and he submitted a copy of the District newsletter, marked Exhibit J. He stated
the average household uses approximately 75,000 gallons of water on an annual basis, and
they also considered the County's septic system design in determining the 114,000 gallon
allotment for the dual system. He further stated if the anticipated amount is exceeded, the
District will still provide water; however, the user will be assessed a fine. Mr. Overton stated the
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builder will be required to build an internal service system as a backup if the duel system fails,
and although they have not established any mandatory restrictions, they are requesting users
conserve water.
Mr. Roberts reiterated the contract with the Water District indicates they will not discontinue
service if the estimated use is exceeded, and the proposed tap size is adequate when
supplemented with the duel water system. He stated the local Fire Protection District initially
requested a secondary access; however, they have agreed to the proposed cul-de-sacs. He
further stated the concerns of the Weld County Department of Public Health and Environment
have been addressed, and the Division of Wildlife has been involved in the design and
reclamation to ensure wildlife will not be adversely affected. Responding to Commissioner
Jerke, Mr. Roberts stated there is a distance of 580 feet to the right, and 320 feet to the left,
between the entrance and the first cul-de-sacs.
Kim Lawrence, attorney, represented the applicant and stated they have eight shares of the
Whitney Ditch Company. He stated the lake is not lined, therefore, they must make up for
evaporation. He stated they plan to deliver ditch water into the lake which will have filters
corresponding with the fishing designs, and there will be an adequate amount of water to
compensate for the amount of evaporation. Mr. Lawrence submitted a copy of the Application
for Water Rights, Change of Water Rights, and Plan for Augmentation, submitted to the District
Court, marked Exhibit F. Responding to Commissioner Geile, Mr. Lawrence stated the Whitney
Ditch Company has a senior right on the Poudre, so they have no concerns with delivery. He
further stated research of historic deliveries indicates they did deliver water this past year.
Commissioner Geile commented Weld County does not have an Intergovernmental Agreement
with the Cities of Greeley or Windsor. He further stated the Windsor Road Impact Fee has
been eliminated and there is now a County-wide Road impact fee which must be paid when
certain applications are made. Mr. Roberts stated this project was delayed due to County
projects, and there have been various fees instituted since he began this process, which has
added a significant cost.
Peter Schei, Department of Public Works, stated he has no concerns with the proposal. Pam
Smith, Department of Public Health and Environment, stated her original comments were based
on lots of 2.5 acres. She stated the Change of Zone application indicates a couple of lots have
been reduced which does not meet the County's current policy; however, she does not feel a
reduction of 0.1 acre will impact the quality of the systems. She stated this development will be
on a public water system, so one acre should be adequate. She further stated an engineering
study was requested due to the shallow groundwater level, and the applicant has submitted soil
borings which were done as part of the mining operation, therefore, additional information does
not need to be supplied at Final Plan. In response to Commissioner Vaad, Ms. Smith stated the
study indicated low perk rates on the site. Responding to Commissioner Jerke, Mr. Anderson
stated the cul-de-sacs were added to accommodate the concerns of the Fire Protection District.
Responding to Commissioner Vaad, Mr. Anderson indicated the location of the flood plain, and
stated the site is located entirely out of the flood plain.
No public testimony was offered concerning this matter. In response to Chair Long, Mr.
Roberts stated he has reviewed and agrees with the Conditions of Approval. He displayed
aerial photographs of the site, marked Exhibit I, and stated they have started reclamation and
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shaping the lake. He stated approximately 70 percent of the mining has been completed, and
the adjacent property owner supports the proposal. Mr. Roberts requested Condition #3.W be
deleted because it restricts them from commencing with Building Permits until the mining is
complete. He stated they should not be penalized for the reverse direction of mining, which
was required by the Board for the Use by Special Review Permit. He stated the mining will
likely be complete at the time of Final Plat. He further stated Condition #4.H should be moved to
become Condition #6.C to be consistent with the recommendation of the Planning Commission.
Following discussion, Commissioner Jerke commented Conditions #6.A and #6.B address
street signs, geologic and drainage studies, and a soils report, therefore, it should not be a
problem to allow the issuance of Building Permits prior to completion of the mining. Mr. Roberts
stated until the mining is completed, he is willing to build a fence, so construction can begin.
The board concurred to delete Condition #4.H and move it to Condition #6.C. Commissioner
Jerke commented he does not agree with the cul-de-sac requirement. Mr. Roberts stated he
would prefer to have them eliminated. Responding to Commissioner Geile, Mr. Morrison stated
the Fire Protection District has independent authority to require the cul-de-sacs. He stated if
the Board eliminates the requirement, the District may still require them and then they would not
be reflected on the plat. Mr. Anderson also expressed concern with an existing Use by Special
Review Permit for the mining operation, which has a boundary that overlaps the boundary of
the proposed Planned Unit Development. He stated eventually the Use by Special Review
Permit will need to be vacated. Mr. Roberts requested flexibility to work with the Fire Protection
District and discuss possible alternatives for the cul-de-sac requirement. Commissioner Jerke
commented the cul-de-sacs appear to be a public safety issue because they allow vehicles to
turn into oncoming traffic. Mr. Schei stated the cul-de-sac lengths may assist in addressing fire
pressure issues. Commissioner Geile suggested Condition #4.J be amended to state,
"Evidence shall be submitted of the applicants' attempt to address the concerns of the Windsor-
Severance Fire Protection District." to allow the applicant some flexibility to negotiate with the
Fire Protection District. The Board concurred with this amendment.
In response to Commissioner Geile, Mr. Anderson clarified the Use by Special Review Permit
cannot be vacated until the mining is complete and cleared by the State. Mr. Morrison stated a
Use by Special Review Permit can be designated within the boundaries of a Planned Unit
Development. Mr. Roberts added the Use by Special Review Permit boundary also
encompasses other properties he does not own. Mr. Morrison stated the applicant should be
able to get a partial release of the mined area from the State, which may still require an
amendment of Use by Special Review Permit at the County level to eliminate the overlapping
portion. Mr. Anderson suggested adding Condition of Approval #4.M to state, "The applicant
shall vacate that portion of Use by Special Review Permit#1125 contained within the Planned
Unit Development upon completion of mining and reclamation activities." He further stated the
Planned Unit Development can specify the mining as an allowed use by changing the title. Mr.
Roberts stated he concurs with the Conditions of Approval as modified. In response to
Commissioner Vaad, Mr. Morrison stated it is within the Board's authority to waive the nine-lot
requirement for an urban-scale development.
Commissioner Jerke moved to approve the request of William and Dolores Roberts for Change
of Zone #552 from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for ten (10) residential lots with E (Estate) Zone uses, and 51+/- acres of common
open space. His motion also included deleting Condition #3.W, deleting Condition #4.H and
moving it to Condition #6.C, amending Condition 4.J to state, "Evidence shall be submitted of
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HEARING CERTIFICATION - WILLIAM AND DOLORES ROBERTS (COZ#552)
PAGE 5
the applicants' attempt to address the concerns of the Windsor-Severance Fire Protection
District," adding Condition #4.M to state, "The applicant shall vacate that portion of Use by
Special Review Permit#1125 contained within the Planned Unit Development upon completion
of mining and reclamation activities," and renumbering or relettering as appropriate. The motion
was seconded by Commissioner Vaad, and he amended the motion to include the reasons for
approval based on the criteria listed in Section 27-6-12.D of the Weld County Code, but
excluding the mention of Intergovernmental Agreements cited in Section 27-6-120.D.5.a
because this is not in any intergovernmental agreement boundaries. Commissioner Jerke
concurred and added this proposal is compatible with the surrounding uses, and he feels it will
provide the highest and best use of the remaining land after the mining is complete. Mr.
Morrison requested the title of the Change of Zone be modified to indicate the mining operation
permitted under Use by Special Review Permit#1125 is an allowed use under the proposed
Planned Unit Development until vacated. Mr. Anderson stated the applicant has requested the
Final Plat be clarified and titled as the "Bracewell PUD." There being no further discussion, the
motion carried unanimously, and the hearing was completed at 2:45 a.m.
This Certification was approved on the 20th day of January 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
Li/'s ATTEST: i1 �'1 `pa
' tyv' % Day' E. L ng, Chai
Weld County Clerk to too.cte•`- .It
/ �� �, * Robert D. sden, Pro- em
BY: _,fl' i . C;Ii•..>._ '
Deputy Clerk to the
M. J. Geile
TAPE #2003-02 and #2003-03 EXCUSED DATE OF APPROVAL (AYE)
Willi Jer
DOCKET#2003-02 4 Glenn Vaal�����,
2003- 0083
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#552 -WILLIAM AND DOLORES ROBERTS
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 11/19/2002)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter indicating intent to proceed
(12/12/2002)
F. Applicant Application re: Change of Water Rights and
Augmentation Plan (12/23/2002)
G. Planning Staff Photo of sign posted on site
H. Planning Staff Map of Flood Plain Boundary
Applicant Aerial Photograph
Alan Overton,
J. North Weld County Water District District Newsletter for November 2002
Alan Overton,
K. North Weld County Water District Average Residence Water Usage Chart
L.
M.
N.
O.
P.
R.
s.
T.
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°223-99023
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.
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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
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