HomeMy WebLinkAbout20030454.tiff HEARING CERTIFICATION
DOCKET NO. 2003-18
RE: CHANGE OF ZONE #1001 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
E (ESTATE) ZONE DISTRICT FOR EIGHT (8) RESIDENTIAL LOTS - W.B. FARMS
ESTATES MINOR SUBDIVISION - CARL HILL
A public hearing was conducted on March 12, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern - EXCUSED
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, Monica Mika
Health Department representative, Pam Smith
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated February 14,2003,and duly published February 20,
2003, in the South Weld Sun, a public hearing was conducted to consider the request of Carl Hill
for Change of Zone#1001 from the A(Agricultural)Zone District to the E (Estate)Zone District for
eight(8)residential lots in W.B. Farms Estates Minor Subdivision. Lee Morrison,Assistant County
Attorney,made this a matter of record. Chair Long advised Jim Rawsen,Snowdance Development
Company,applicant representative,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. Rawsen indicated he would like to proceed today.
Monica Mika, Director of 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. Mika gave a brief description of the location of the site, consisting of 61.5 acres.
She stated 11 referral agencies reviewed this proposal, and four declined to comment. She
clarified the application materials were changed from nine to eight lots prior to going before the
Planning Commission, and that needs to be reflected throughout the Board's documents. She
further stated the applicant is proposing to d o this eight-lot subdivision in conjunction with a
Recorded Exemption resulting in an overall density of nine additional lots. Ms. Mika displayed
various photographs of the surrounding area,and staff has received correspondence of opposition
to this application. She reviewed the Planning Commission's Resolution of Recommendation for
the record. She stated the concerns expressed by referral agencies have been incorporated into
the Conditions of Approval, and the specific design and criteria will be addressed at the Final Plan
stage, which will be considered by the Board. Ms. Mika stated this proposal will have a minimal
impact on the surrounding properties, and the County Attorney's Office has reviewed the water
agreement and found it to be adequate to serve the residences with a limited amount of livestock.
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HEARING CERTIFICATION - CARL HILL (COZ #1001)
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Pam Smith, Department of Public Health and Environment, stated all of the lots will be 2.5 acres
or larger, and the perk rates indicate the sites are suitable for conventional septic systems. She
stated there is an irrigation ditch on the east side of the property, as well as the Coal Creek
tributary o n the northeast portion o f the site. S he noted wetlands o n o utlot"A," which i s a
non-buildable lot. Responding to Commissioner Geile, Ms. Smith said there is an easement with
the ditch on the west, which has been resolved with the ditch company, and there is no easement
with the Coal Creek tributary.
Drew Scheltinga stated the site will be accessed from Weld County Road 80,which had an average
daily traffic count of 191 vehicles taken June 1997. He stated the road is currently gravel, this
development will add approximately 80 vehicles per day, and at the time of the Final Plan, staff will
request a road improvements agreement requiring the applicant to share the proportional costs of
improvements. Mr. Scheltinga stated the applicant will also be required to improve the entrance
with roadway stabilization leading to Weld County Road 29,which is paved. He stated the access
from Weld County Road 80 is unusual because the applicant does not own all of the right-of-way;
however, they will be required to work with the adjacent property owner to acquire the necessary
right-of-way for dedication. He further stated the applicant also needs to delineate the Coal Creek
100-Year Floodplain in the Drainage Report of on the plat.
Mr. Rawsen stated they are currently evaluating the use of non-potable irrigation water from the
ditch along the west, and they are working with the ditch company for the northeast channel to
obtain the necessary easements. Responding to Commissioner Geile, Mr. Rawsen stated they do
have a commitment from the Central Weld County Water District for water taps, the agreement is
not restricted to just residential use, and they can irrigate the open space on each lot. He further
stated the Homeowners' Association requires the lots to be landscaped with drought tolerant
shrubs and grasses, and if they obtain the non-potable water, they will use it to irrigate the open
space.
Robert Kidd,surrounding property owner,stated he purchased his property not knowing this project
was under consideration. He stated he has received notification that his water supply will have a
30 percent use restriction, and there are many lots in the area that are not selling. He expressed
concern with the proposed construction creating erosion problems if the lots are not sold and
remain unlandscaped. He stated the Coal Creek delivers water year round, and he stated the
septic systems cannot be installed within 100 feet of that waterway. He further stated the ditch
requiring and easement lies on his property. Mr. Kidd questioned what restrictions will be imposed
by the Covenants, and he requested assurance that the Covenants remain in place so the
proposed quality of homes is not reduced to low-income housing if the lots do not sell.
Gloria Lister, surrounding property owner to the north, stated she concurs with Mr. Kidd's
comments. She stated the Coal Creek is a live stream which runs all year. She expressed
concern with all the properties that are going to be built with backyards sloping toward the stream,
which could pollute and erode the stream. Ms. Lister questioned whether a stormwater runoff
permit will be required, and what is proposed under the Covenants. She stated the wetland area
is behind her property to the south, and she wants to ensure that area is non-buildable. In
response to Commissioner Geile, Ms. Lister stated it is not considered a ditch; it is a live stream
that runs year round. There being no further comments, Chair Long closed public testimony.
2003-0454
PL1651
HEARING CERTIFICATION - CARL HILL (COZ#1001)
PAGE 3
In response to Chair Long, Ms. Smith stated the septic systems must be 100 feet from any water
course. She stated the ditch boundary only effects a portion of Lot 8, and the remaining lots are
2.5 acres or larger. She stated Lot 1 is three acres, and the septic system for that parcel was cited
and approved in 1983. She further stated the preliminary perk rates are adequate, there is no
limiting zone beneath the system, and she anticipates the systems to be relatively small, so there
should be no problem siting them on the lots.
Mr. Rawsen stated the Homeowners'Association will be established and responsible for seeding
the site with crested wheat to prevent soil erosion while going through the marketing phases. He
stated the only areas that will be graded will be the streets and rights-of-way. He further stated
Lot 8 is the only lot impacted by the live stream; however, the building and septic envelopes will be
at least 100 feet from the stream. Mr. Rawsen stated the Covenants will be filed with the Clerk and
Recorder's Office, and they will address a minimum unit size of 1,500 to 1,800 square feet, with
anticipated property values in excess of $200,000 to $250,000. He stated there will be a
Stormwater Permit,the drainage calculations will be submitted to the County for approval, and the
wetlands area will remain on a non-buildable lot, so they will not be disturbed.
Commissioner Vaad suggested Condition #3.F be amended to state, "The final Drainage Report
must record the 100-year storm evaluation in the text of the article. The Grading Plan shall
adequately show the culvert locations,and label them with a'leader.- Ms. Mika and Mr. Scheltinga
concurred with the proposal. Responding further to Commissioner Vaad, Ms. Mika stated the Right
to Farm statement will be shown on the final plat. Responding to Chair Long, Mr. Rawsen stated
he and the applicant have reviewed and agree with the Conditions of Approval as proposed and
modified.
Commissioner Jerke commented the Board must consider whether there is adequate water, and
the applicant has provided evidence of the assurance of water taps. He further stated the Board
cannot make a determination based on the real estate market, or whether the prices may fluctuate.
Commissioner Jerke moved to approve the request of Carl Hill for Change of Zone#1001 from the
A (Agricultural) Zone District to the E (Estate) Zone District for eight (8) residential lots in W.B.
Farms Estates Minor Subdivision, 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 changing all references from nine to eight lots and amending Condition#3.F to state,"The
final Drainage Report must record the 100-year storm evaluation in the text of the article. The
Grading Plan shall adequately show the culvert locations, and label them with a 'leader.'" The
motion was seconded by Commissioner Geile, who commented he appreciates the concerns of
the surrounding property owners; however, the Covenants will likely address those issues. There
being no further discussion, the motion carried unanimously, and the hearing was completed at
11:15 a.m. -
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HEARING CERTIFICATION - CARL HILL (COZ#1001)
PAGE 4
This Certification was approved on the17th day of March, 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL COU�, COLORADO
ATTEST: / tIk E La`�
David E. Long, Chair
Weld County Clerk to trig's'=t `
G 494 •' EXCUSED
BY: Robert D. Masden, Pro-Tern
Deputy Clerk to the B.: , � EXCUSED DATE OF APPROVAL
M. J. Geile
TAPE #2003-09
Willi/� erke
Les)
DOCKET#2003-18
Glenn Vaad
2003-0454
PL1651
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#1001 -CARL HILL
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes0l/07/2003)
D. Clerk to the Board Notice of Hearing
E. Robert Kidd Letter of Concern (01/16/2003)
F. Greg and Denise Wiedeman Letter of Opposition (2/26/2003)
G. Gloria Lister Letter of Opposition (03/05/2003)
H. Planning Staff Photo of sign posted on site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF MARCH, 2003:
DOCKET#2003-19 - CHRIST COMMUNITY CHURCH
DOCKET#2003-17 - CHARLES AND ALICE GREENMAN
DOCKET#2003-18 - CARL HILL
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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