HomeMy WebLinkAbout20032830.tiff HEARING CERTIFICATION
DOCKET NO. 2003-67
RE: SUBSTANTIAL CHANGE HEARING #23 TO CONSIDER WHETHER OR NOT THERE
HAS BEEN A SUBSTANTIAL CHANGE IN THE FACTS AND CIRCUMSTANCES
REGARDING THE APPLICATION FOR A CHANGE OF ZONE - CATTAIL CREEK
GROUP, LLC/GEORGE DUBARD, C/O TODD HODGES DESIGN, LLC
A public hearing was conducted on October 8, 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, Carol A. Harding
County Attorney, Bruce Barker
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 September 12, 2003, and duly published
September 18, 2003, in the South Weld Sun, a public hearing was conducted to consider the
request of Cattail Creek Group, LLC/George DuBard, do Todd Hodges Design, LLC, for a
Substantial Change Hearing#23 to consider whether or not there has been a substantial change
in the facts and circumstances regarding the application for a Change of Zone. Bruce Barker,
County Attorney,made this a matter of record,and stated the hearing was originally scheduled for
September 24, 2003; however due to an error in arranging for publication it was continued to this
date. 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.
She stated the site is within the three-mile referral area of Severance and Eaton, and the City of
Greeley boundary lies approximately one and one-quarter mile south of the site. Ms. Lockman
stated the Board of County Commissioners denied the Change of Zone on October 2, 2002, and
the purpose of the Substantial Change hearing is to Determine whether the revised application
meets the criteria of Section 2-3-10 of the Weld County Code. She stated the Planning
Commission did find that there has been a Substantial Change and Criteria #1 and #4 have both
been satisfied. Ms. Lockman stated the original application included eight one-acre lots and one
agricultural lot with 120 acres, along with 30.13 acres of open space; however, the revised
application has increased the size of the eight lots to four acres each,the road has been relocated,
landscaping has been in included in the open space between the lots and an adjacent home to the
west,and the Coal Bank Creek and corresponding flood plain have been included in the residential
lots instead of the open space. She further stated, in reference to Criteria#4, that at the original
Board of County Commissioner's hearing, allegations were made that the applicant was taking
irrigation water illegally and the applicant had no chance to respond to those allegations. She stated
Criteria #4 is not currently in the draft resolution and needs to be added if that is the finding of the
Board. Ms. Lockman presented pictures of the site for review.
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HEARING CERTIFICATION - CATTAIL CREEK GROUP, LLC/GEORGE DUBARD (SCH #23)
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Pam Smith, Department of Public Health and Environment, stated the application includes
conventional septic systems; however,there was one boring done which was close to a seepage
ditch showing groundwater at three feet, which might impact some of the lots. Responding to
Commissioner Vaad,about whether the particulars of the application are germain to the discussion
at this point, Mr. Barker stated it may or may not fit within the criteria. Peter Schei, Department of
Public Works, stated staff has no issues with the changes.
Anne Best-Johnson,Todd Hodges Design, LLC,represented the applicant and stated the Planning
Commission had approved the original application,although the Board of County Commissioners
denied it. She reviewed the changes made are to increase the lot size to eight four-acre lots,
change the lot configuration around the internal road, change the position of the road, add
landscaping and buffering,and extend lot lines. She stated Criteria#4 is also met with the irrigation
water legality issue. Ms. Best-Johnson stated the applicant invited surrounding property owners to
a meeting on April 9, 2003, and discussed the changes with those present. She presented a
diagram of the site on the original application,and with changes(Exhibit I),and stated the purpose
for the changes is to remove the row house configuration. Ms. Best-Johnson stated the large
agricultural lot is currently under a center pivot irrigation system,and the common open space area
consists of approximately 30 acres. She explained the new configuration has placed eight four-acre
lots around the internal road and each lot now has a designated building envelope placed on the
least productive portions of the property. She stated Lot 9 includes 114 acres of open space with
a five-acre building envelope, and it will be left under the center pivot irrigation sprinkler.
Ms. Best-Johnson stated the property has been disqualified as habitat for the preble mouse,
although it does contain a flood plain, which was incorporated into the non-buildable area. She
stated the areas of slope bordering the property, which is of concern to surrounding property
owners, has been incorporated into the back yards of several lots. She stated new open space
includes a buffer between properties, and the strip of heavy landscaping shown on the submitted
diagram. Ms. Best-Johnson stated Lot 9 has 68 percent of open space. In reference to Criteria#4,
Ms.Best-Johnson contended there were unfounded allegations regarding irrigation water which the
Board of County Commissioners relied upon while making its determination,leaving the applicant
no way in which to respond. She stated Doug Seeley, Rocky Mountain Techni-tech is available to
answer any questions in regards to the water issue. Responding to Commissioner Vaad,Ms. Best-
Johnson stated the Planning Commission did find Criteria#1 and#4 were both met. Responding
to Commissioner Geile,she stated the building envelopes were added and buffers were added as
a tool to provide a more limited building site to move the homes as far from external boundary lines
as possible, and stated that each property owner also has the option of fencing in a portion of the
back yard for pet or child containment. Responding further to Commissioner Geile, Ms. Best-
Johnson stated the covenants have been updated to reflect the changes to lot configuration,
restrictions from building in setback areas, and what can or cannot occur within the building
envelopes.
Mike Miller,adjacent property owner,stated he represents 173 individuals in the area. He stated this
is not just a change hearing, if you were only to move lot lines on the map, staff could determine
whether a change had occurred; however, this is a Substantial Change, and the applicant must
prove the change is substantial. He stated the changes made do not actually change the issues
that caused the denial in the first place,and have no effect on the impact of the development to the
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area. Mr. Miller stated the area with the most incompatibility is the creek;however,with this change,
there will now be five property owners with a back yard located on the creek, while before it was
open space. Mr. Miller stated lot sizes are bigger,and the road position is different,however,those
are not substantial changes. He contended the irrigation problem is more problematic with the
division of a trickle of water to eight bigger lots. Mr. Miller discussed the buffer area which has
increased access to the property on the west by moving common open space adjacent to it. He
stated the landscaping and buffering added to the proposal will not be effective,since the residence
is on a hill looking down on this property. In reference to Criteria#4, Mr. Miller stated the applicant
did have time to respond to the water issue,and presented documentation to show the owner of the
property, John Shepardson, contracted and paid for construction of the diversion, and knew the
diversion was illegal (Exhibit J). He stated the second letter from the Division of Water Resources
instructed him to stop diverting water,therefore, he was fully aware of it,although he did not divulge
the information to his representative. Mr. Miller stated the 173 property owners he represents still
feel the proposal is not compatible,and the changes are not substantial. He said it is nota new and
better project, and incompatibility still exists.
Ms. Best-Johnson stated Doug Seeley of Rocky Mountain Techni-Tech is available to discuss a
method of delivering water,although the second letterfrom the Division of Water Resources,states
the issue is closed. Ms. Lockman stated the denial was on October 2, 2002, however, the letter is
dated October 14,2002. Ms. Best-Johnson reiterated the changes,with the ditch extended to the
area at the back of the larger lots,with a 200 foot setback,which is over half of each lot. She again
stated the agricultural lot will remain under production,and requested approval based on internal lot
designs and the water issue.
Responding to Commissioner Geile, Mr. Barker stated discovery of evidence concerns information
that was not readily available which would affect the decision could it have been produced. A letter
dated after the hearing indicates it was not available. Mr. Barker further stated the evidence would
be that which is new and was later discovered, that no one thought about, or if the applicant were
to find out about something no one had considered earlier. In this instance hearing it was an issue,
and the Board could have continued the hearing if desired.
Commissioner Vaad moved to approve the request of Cattail Creek Group, LLC/George DuBard,
do Todd Hodges Design, LLC,for a substantial change in the facts and circumstances regarding
the application for a Change of Zone, based on the draft resolution, leaving Criteria#4 out. The
motion was seconded by Commissioner Jerke,who feels a Substantial Change does exist,with the
road being moved, landscaping being added,critical buffering being added between the home on
the west, and open space,which now appears not to be an asset,owned as part of the larger lots.
The motion carried unanimously. There being no further discussion, the hearing was completed
at 11:00 a.m.
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HEARING CERTIFICATION - CATTAIL CREEK GROUP, LLC/GEORGE DUBARD (SCH #23)
PAGE 4
This Certification was approved on the 13th day of October 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ikedet /44/ W COUNTY, COLORADO
I861 .�' _ . vid E. Long, Cha•
u Clerk to the Board
®JJRI p 1` � /1 " R ert D. sden, Pro- em
• Deputy Clerk to the Board
M. J. eile
TAPE #2003-38 6
Willi H. Jerk
DOCKET#2003-67
Glenn Vaa
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EXHIBIT INVENTORY CONTROL SHEET
Case SCH #23 - CATTAIL CREEK GROUP, LLC/GEORGE DUBARD, CIO TODD HODGES
DESIGN, 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 8/5/03)
D. Clerk to the Board Notice of Hearing
E. William & Barbara Perusek Letter of Concern (9/10/03)
F. Planning Staff Sign posting cert and picture
G. Planning Staff Picture of Property
H. Anne Johnson (applicant) Power point slides (5)
Anne Johnson (applicant) Map showing changes
J. Mike Miller Information regarding water diversion
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF OCTOBER, 2001:
DOCKET#2001-67 - SUBSTANTIAL CHANGE #23 - CATTAIL CREEK GROUP, LLC
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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