HomeMy WebLinkAbout20032764.tiff HEARING CERTIFICATION
DOCKET NO. 2003-66A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN,
MF #614, FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES, PHEASANT CREST
ESTATES - TIMOTHY AND LISA BROUGH
A public hearing was conducted on September24,2003,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 - EXCUSED
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Trevor Jiricek
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a corrected notice dated September 5, 2003, and duly published
September 11, 2003, in the South Weld Sun, a public hearing was conducted to consider the
request of Timothy and Lisa Brough for a Site Specific Development Plan and Minor Subdivision
Final Plan MF #614 for nine (9) lots with E (Estate) zone uses, Pheasant Crest Estates. Lee
Morrison, Assistant County Attorney, made this a matter of record and stated this was continued
from September 17,2003,because of a glitch in the outgoing electronic mail system which resulted
in failure to publish the notice of hearing dated August 29,2003. Mr. Morrison stated evidence of
posting was provided by Department of Planning Services staff(Exhibit E). Chair Long explained
to the applicant's representative the options available for continuance of this matter,since only four
Commissioners are present. Tony Evans, representative, stated the applicant would like to
proceed.
Kim Ogle,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. He stated
the application is to create nine estate zoned lots on approximately 75 acres, to be known as
Pheasant Crest Estates. Mr. Ogle stated this Board approved the Change of Zone on February 5,
2003, the site is outside the three-mile referral area for all municipalities, and is not currently in
agricultural production. He also stated the surrounding property is largely agricultural with single
family residences on large acreages and/or Recorded Exemption lots. The Larimer County Canal,
part of the water supply and storage system, is adjacent to the site on the north, Dyecrest Dairy is
northwest of the site and is in Larimer County. North Weld County Water District will serve this
development,and a water agreement has been executed and approved by Mr. Morrison. Sanitary
sewer will be provided by individual sewage disposal systems. Mr. Ogle stated the primary access
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to the proposed site is Weld County Road 84,with a secondary access for fire protection proposed
between Lots 5 and 6 onto Weld County Road 13. Internal roads within the development will be
paved, and maintained by Weld County. Mr. Ogle stated 15 referral agencies have reviewed the
proposal,four of which offered comments. A letter was received after the Planning Commissioner
hearing from a private consultant for Terry Dye of Dyecrest Dairy, a surrounding property owner,
requesting a note be placed on the plat to read,"An existing operating dairy and lagoons are located
in close proximity to the subdivision. The owner of the dairy has the ability to expand the current
operation and shall not be inhibited by property owners within the subdivision, pending that all
applicable rules and regulations have been met. Property owners within the subdivision should be
aware that flies, odors and dust may be associated with the operation of the dairy." Staff
recommends the note be added as Condition of Approval #2 in the note section. Mr. Ogle also
received a late referral from Mike Chavez with the Poudre Fire Authority,requesting a note be added
to the plat stating, "Fire apparatus access. When any portion of the facility or any portion of an
exterior wall of the first story of the building is located more than 150 feet from the fire apparatus
access, as measured by the approve route around the exterior of the building or facility, it shall be
sprinkled." Staff is proposing this note be placed as Condition of Approval#1.L.23,with subsequent
renumbering. Mr. Ogle stated the applicant is aware of these two modifications and is in agreement
with the additional notes. He also requested reason for approval #2.N be amended to read, "A
referral was not received from the Weld County Sheriff's Office indicating a conflict with its
interests";and addition of Condition of Approval#1.K,with subsequent renumbering,to state, "All
septic envelopes shall be located at least 100 feet from all ditches." Responding to Commissioner
Geile,Mr. Ogle stated the Dye Dairy is the one on the west side of Weld County Road 13,therefore,
Note #1.L.2 would refer to the dairy in Larimer County; and there are no other confined feeding
operations in the area. Mr. Ogle stated he could clarify Note#1.L.2 by adding"ability to expand the
current operation in Larimer County". Responding to further questions from Commissioner Jerke,
Mr. Ogle stated the statement is being added at the request of Mr. Dye;however,upon discussion
several Commissioners stated the second portion "and shall not be inhibited by property owners
within the subdivision", is inappropriate since Weld County has no jurisdiction in Larimer County.
Mr. Morrison stated the first part is appropriate; however, the last part of the first sentence is not
appropriate in a Board of County Commissioner resolution, and staff can draft more appropriate
language. He stated it may be more appropriate in the covenants. Chair Long stated the Right to
Farm Statement is inclusive enough and does not need further clarification.
Responding to CommissionerJerke,Trevor Jiricek,Department of Public Health and Environment,
stated the addition of#2.N requiring septic to be 100 feet from any and all ditches is a general
statement generally referring to Lot 1 where the applicant has drawn in a couple of septic envelopes
that appear to be within 100 feet of the lateral ditch. The Weld County Code regarding septic
systems requires a minimum setback of 100 feet. He stated there is enough room to adjust it and
it needs to be included on the final plat. Mr. Jiricek further responded that the ditches do not
address lined versus unlined ditches,except through the variance process. Commissioner Jerke
stated he thought the Code was amended some time ago, and Mr. Jiricek stated staff works to
accommodate the applicant when those situations arise and in this case,there is enough room to
adjust it to accommodate County Code. Mr. Ogle stated this is an unlined ditch. Mr. Morrison
stated the provisions of that portion of the Code come from state guidelines and distinction is not
made between the type. Responding to Commissioner Jerke, Mr. Morrison stated the state has
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HEARING CERTIFICATION - TIMOTHY AND LISA BROUGH (MF #614)
PAGE 3
the ability to reject County Code provisions, if they do not meet state provisions; however,they do
not operate directly as regulations and they have to be implemented in Weld County by our own
Code provisions. Mr. Jiricek stated he will review and address this issue with Commissioner Jerke
separately.
Responding to Commissioner Geile, Peter Schei, Department of Public Works,stated Weld County
Road 13, or Larimer County Road 901, is defined as a minor collector road by Larimer County,
which requires a 100-foot right-of-way; however, this is a major arterial for Weld County.
Commissioner Geile requested staff to work with Larimer County to get some type of agreement
as to the width of the right-of-way. Mr. Schei stated at that location, it is considered a local road by
Weld County and we are requiring 30 feet of right-of-way, therefore, Larimer County's policy for
right-of-way is more stringent.
Tony Evans represented the applicant and stated the applicant does not have any issues with
moving the septic system over,as requested by staff,and stated the intent of the subdivision is not
to inadvertently damage or produce hardships for the Dyecrest Dairy,therefore,they are willing to
put the requested note on the plat.
Lauren Light,AgProfessionals,stated she is representing Terry Dye and Dye Dairy,and the request
for the addition of the note on the final plat is so that any prospective purchaser would see the note.
They have no objections to removing the words,"inhibited by property owners within the subdivision"
and add"for the existing dairy in Larimer County." Responding to Commissioner Geile, Ms. Light
stated the Right to Farm statement will still be placed on the plat.
Responding to Chair Long,Mr. Evans stated the applicant is in agreement with the addition of Note
#23 and staff's recommendations,although he would like to review the wording for#2. Responding
to Chair Long, Mr. Morrison stated the second sentence of Note#2 should read,"The owner of the
dairy has the ability to expand the current operation in Larimer County provided all applicable rules
and regulations have been met." CommissionerJerke moved to approve the change as read by Mr.
Morrison. Seconded by Commissioner Geile,the motion carried unanimously. Chair Long clarified
this will be the second note on the plat, or Condition of Approval #1.L.2, with subsequent
renumbering.
Commissioner Geile moved that the note regarding fire apparatus and sprinkling be included as
Condition of Approval#1.L.24. Commissioner Masden seconded the motion. Commissioner Jerke
requested a roll call vote,stating he does not like the idea of fire departments being this specific and
requiring additional expenses to homebuilders and consumers. The motion failed three to one,with
Commissioner Geile voting in favor.
Chair Long verified each Commissioner is in favor of striking"from the Poudre Fire Authority or the"
on reason for approval #2.N. Responding to Chair Long, Mr. Jiricek stated the language for the
additional Condition of Approval#1.Kshould be,"All septic envelopes shall be located at least 100
feet from all ditches." Commissioner Masden moved to insert, and the motion was seconded by
Commissioner Geile. The motion carried unanimously. Mr. Evans confirmed for Chair Long that
he agrees with the Conditions of Approval as modified.
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HEARING CERTIFICATION - TIMOTHY AND LISA BROUGH (MF #614)
PAGE 4
Commissioner Geile moved to approve the request of Timothy and Lisa Brough for a Site Specific
Development Plan and Final Plan, MF#614,for a nine(9)lot Minor Subdivision with E(Estate)zone
uses, Pheasant Crest Estates, based on the recommendations of the Planning staff and the
Planning Commission,with the Conditions of Approval and Development Standards as modified.
The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:40 a.m.
This Certification was approved on the 29th day of September 2003.
APPROVED:
J,��� �,, BOARD OF COUNTY COMMISSIONERS
i/ ��" /lIZ y'( WEL OUNTY, COLORADO
ATTEST: G
D vid E. Long, Chair
Weld County Clerk to the Board
Robe D. sden, Pro-Tem
p 4 % the Board
iii .o!! � M. J. Ge e
:sue e1 4,,,4 ,off"
Opp
William H. Jerke
DO -66
EXCUSED
Glenn Vaad
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EXHIBIT INVENTORY CONTROL SHEET
Case MF #614 -TIMOTHY AND LISA BROUGH, CIO TONY EVANS P.E.
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)
D. Clerk to the Board Notice of Hearing
E. Planning staff Posting, 1 photo, 2 affidavits
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF SEPTEMBER, 2003:
DOCKET #2001-66 - TIMOTHY AND LISA BROUGH
DOCKET#2001-68 - NORTHERN COLORADO CONSTRUCTORS, INC.
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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