HomeMy WebLinkAbout20030056.tiff HEARING CERTIFICATION
DOCKET NO. 2003-01
RE: CHANGE OF ZONE#592 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT-WELD COUNTY LAND COMPANY,
LLC
A public hearing was conducted on January 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, Esther Gesick
Assistant County Attorney, Lee Morrison
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 December 13, 2002, and duly published
December 18,2002,in the Tri-Town Farmer and Miner,a public hearing was conducted to consider
the request of Weld County Land Company, LLC, for Change of Zone #592 from the
A(Agricultural)Zone District to the PUD (Planned Unit Development)Zone District. 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 unfavorable recommendation
of the Planning Commission into the record as written. She stated the Change of Zone does not
address many of the referral comments; however, following a recommendation of denial, the
applicant still requested to proceed with a hearing before the Board of Commissioners. Ms.
Lockman gave a brief description of the location of the site and surrounding uses. She stated 21
referral agencies reviewed this proposal, nine responded favorably with comments that have been
incorporated into the Conditions of Approval, and six agencies did not respond. She stated the
remaining referral agencies expressed concerns regarding a negative impact on the schools; poor
soils for roads,septic systems,and foundations;and setbacks from ditches, ponds,and oil and gas
facilities. Ms. Lockman stated the Department of Planning Services has concerns with an access
permit from State Highway 52 that only allows for eight lots, urban-scale development located
outside a designated urban area,and limited agreements with oil, gas, and utility companies. She
further stated the original design did not meet the 15 percent open space requirements; however,
at the Planning Commission hearing the applicant indicated the Conservation Easement would be
converted to common open space. She referred to a revised map provided by the applicant,which
staff has not had an opportunity to review. Ms. Lockman stated the Department of Public Works
has included many requirements that have not been addressed. The Department of Public Health
and Environment and Colorado Geological Survey have both indicated concern with the proposed
septic systems located on slopes with poor soils. She further stated the applicant has requested
an administrative review of the Final Plan; however,due to the significant number of concerns,staff
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requests a final review by the Board. She displayed various photos of the site. In response to
Commissioner Geile, Ms. Lockman stated the revised map shows the area that is being converted
from a Conservation Easement to open space to meet County requirements.
Peter Schei, Department of Public Works, stated staff is recommending approval of this request;
however,there are many issues which still need to be addressed before the plat will be suitable for
recording. Mr. Schei stated the proposed extension of Weld County Road 16 to the east needs to
be aligned with the existing roadway and paved. Additionally, the applicant will need to clear the
30-foot right-of-way of any obstructions, south of the section line for Weld County Road 16 and
east of Weld County Road 7, for future connectivity. He also requested Windmill Drive be
realigned to the south to access Weld County Road 7 across from Weld County Road 14.5. Mr.
Schei stated Stagecoach Drive exceeds the County's maximum block length of 1,500 feet,
therefore, the applicant will need to provide written documentation verifying the road layout
acceptability to all referral agencies. He proposed Prospect Circle be shifted to the east to
accommodate reasonable building envelopes for Lots 26 through 30, and stated the bus stop and
mailing area cul-de-sac on Stagecoach Drive must be moved north to accommodate traffic
entering and exiting at State Highway 52. Mr. Schei stated the applicant also needs to address the
15-foot Schneider Oil easement ending near Prospect Circle,and all easements need to be shown
in relation to roadway crossings, and building and septic envelopes. Following discussion, Mr.
Schei stated the power poles along Weld County Road 16 will need to be relocated if they are
within the 30-foot right-of-way south of the section line. He stated the power line serves one
residence located north of the section line for Weld County Road 16. In response to Commissioner
Vaad, Mr. Schei stated the Colorado Department of Transportation (CDOT) referral response
indicates the access to State Highway 52 will serve the southern eight lots. He explained because
all 37 lots could potentially use that access, staff is requesting verification from CDOT stating
whether the access is suitable for additional use.
Pam Smith, Department of Public Health and Environment,stated most of the boring tests indicate
a majority of the lots will require engineered septic systems due to shallow bedrock and poor perk
rates. She stated the revised map from the applicant shows a slight reduction in size on several
of the lots, and any reduction in lot size will likely alter her comments for some of the lots if they no
longer meet setback requirements. Ms. Smith stated she reviewed this proposal on May 30,2001,
and July 10, 2002. She clarified her comments relating to Lot 26 should have been for Lot 25,
which is the long narrow lot east of Stagecoach Drive. She stated the configuration of this lot is
not suitable for a septic system. Ms. Smith stated Lot 31 has poor perk rates, and a large portion
will not be buildable as currently defined under the Conservation Easement. She expressed
concern with Lots 34 and 35 which have poor perk rates, and are bisected by a ditch. Additionally,
Lots 26 through 30 have building envelopes along the road where there is a 24 percent slope, and
the septic systems would have to be constructed on a five percent slope, which is very difficult to
access. She also clarified Lot 4 will no longer be impacted by the ditch. In response to
Commissioner Jerke, Ms. Smith stated there is adequate room for septic envelopes on the lots;
however, due to the slope it will be very difficult to access and maintain, and the systems are not
expected to last as long. Ms. Smith stated earth work could be done to decrease the slope,which
would modify the design of the systems. Responding to Commissioner Geile, Ms. Smith stated the
sloped area was created by the Erie Strip Mine, and the applicant is proposing building envelopes
along the rim at the top of the slope. In response to Commissioner Vaad, Ms. Smith stated there
are slope restrictions for septic systems, and she is not certain of the trunk line requirements.
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Responding to Commissioner Masden, Mr. Schei stated staff has requested the applicant
designate all easements for the entire property to assist in determining setbacks for septic and
building envelopes. Kim Ogle, Department of Planning Services, clarified the original application
plans do show the oil and gas lines,but not the easement boundaries,which are used to determine
the setbacks.
Mike Burns, applicant, stated over the past two years they have had four different planners and
they just met Ms. Lockman today. He stated this property is adjacent to the Town of Frederick's
Intergovernmental Agreement boundary, and he feels the proposal is consistent with the
surrounding uses. He stated the Town of Erie concurs with the proposed development, and the
Town of Frederick indicated the plans are consistent with its future plans for this area. Mr. Burns
stated they are willing to spend the necessary funds to address the engineering issues; however,
they would like the zoning approved prior to starting the work. He stated they have addressed
many of the comments from numerous referral agencies, and although there are many technical
issues to address, they will not matter unless the Board finds the zoning is appropriate. He stated
they will have a Homeowners' Association to address maintenance of the open space and septic
systems. He further stated the number of lots does not appear to be a problem,with the exception
of several lots that have technical issues that need to be addressed. In response to Commissioner
Vaad,Mr. Burns clarified the application materials should have reflected one dwelling unit per gross
acre. Responding to Commissioner Jerke, Mr. Burns stated the inlets on the east that have been
omitted from the site design contain water tanks, oil and gas facilities, and residences.
Dan Casper, Anadarko E&P Company, stated they are currently working with the applicant, and
he requested Condition #1.M be deleted. Responding to Commissioner Masden, Mr. Casper
stated the existing oil and gas roads will need to remain and future sites will need to be coordinated
with the surface uses. Responding to Commissioner Vaad, Mr. Casper stated there is an
agreement dated November 2000, with the previous property owner, as referenced in
Condition #1.M. Commissioner Vaad commented the Condition places the Board in an
enforcement position, which is not the place of the Board. He stated he is content that there is an
agreement in place and he does not support keeping Condition #1.M. There being no further
comments, Chair Long closed public testimony.
Mr. Burns stated they do have a Compatible Use Agreement which provides for the preservation
of drilling and access rights associated with the existing wells. He stated they must also work
through Surface Use Agreements for any final development on the property. Mr. Burns stated they
have had preliminary discussions with the mineral owners to lower one of the wells, and the soil
that is removed will be used to build up some of the lots so they will be buildable.
Mr. Schei clarified the Department of Public Works is asking for a traffic study with the Final Plan,
and he is recommending approval as long as his comments, which have been included in the
Conditions of Approval, are met to address the safety of the traveling public. Responding to
Commissioner Vaad, Mr. Morrison stated if the Change of Zone is approved, there will still be one
more hearing for the Final Plan; however, it appears there are extensive site limitations. Therefore,
the Board needs to determine whether the site is suitable for this type of development which would
be allowed under this Change of Zone. Responding to Commissioner Vaad, Ms. Lockman stated
staff is requesting a public hearing rather than administrative review of the Final Plan due to the
numerous issues which need to be addressed. Ms. Smith reviewed the lots which are causing
concern due to setbacks, ditches, and oil and gas facilities, etcetera. Commissioner Jerke
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commented the current question is whether the proposed zoning is appropriate. He stated he is
satisfied the applicant will work on the technical issues once they are given a clear direction for the
zoning. Responding to Commissioner Vaad, Ms. Lockman stated the applicant applied for a
specific design which required some of these issues be addressed. (Switched to Tape#2003-02.)
Mr. Morrison stated a specific design requires that more of the details be addressed up front to
expedite the process. Commissioner Geile stated his primary concerns are with the geologic
analysis which indicates the property's limited ability to handle septic systems. He stated he has
not heard enough testimony to indicate the septic issues will be adequate, or that the various
issues cited in the Performance Standards have been satisfied to a level that he is comfortable
with. Commissioner Vaad commented the application materials indicate the St. Vrain Sanitation
District does not prefer to use lift stations, which would be required to service these lots.
In response to Chair Long, Mr. Burns stated he has reviewed and agrees with the Conditions of
Approval. He stated the CDOT access permit as an Exhibit showing the connectivity within the
development, therefore, he feels CDOT is aware of the potential for additional use of the access
at State Highway 52. He further stated there is an area of excavation, associated with the prior
mining operation, which has some water standing in it; however, there is evidence from the Army
Corp of Engineers and an environmental consultant indicating there are no jurisdictional wetlands
on the project. Mr. Burns stated this property is in the St. Vrain Sanitation District; however, they
do not support a lift station, which leaves septic systems as their only option. He stated they are
willing to work on the specific issues discussed today, and they are also willing to go to a public
hearing for the Final Plan. Ms. Smith stated she has not been able to adequately review the
revised plan submitted by the applicant, therefore, there may be some alterations in staff's
recommendation if any of the lots are reduced in size. Commissioner Vaad moved to delete
Condition #1.M. Commissioner Jerke seconded the motion, which carried unanimously.
Commissioner Vaad moved to approve the request of Weld County Land Company, LLC, for
Change of Zone #592 from the A (Agricultural) Zone District to the PUD (Planned Unit
Development)Zone District, based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record, with the deletion of
Condition #1.M, and a requirement for review of the Final Plan by the Board. The motion was
seconded by Commissioner Jerke. Commissioner Geile stated he is opposed to the application
because there are still many unresolved issues relating to the geological analysis of the land, and
the submittal of a revised plan which has not yet been reviewed by staff. Commissioner Masden
concurred with Commissioner Geile, and stated staff did not have adequate time to review the
revised plan, he feels the application is incomplete, and there are restrictions on the property
related to topography. Chair Long stated the application should have had most of these issues
addressed, although the process does allow for some modification at Final Plan. He stated the
resolution to many of the issues is still uncertain, and staff was not given an adequate opportunity
to review the revisions. Mr. Morrison stated, if approved, the motion needs to indicate reasons for
approval. Commissioner Vaad clarified his motion was based on the finding that the application
is complete, and the applicant has met the conditions required under the Weld County Code.
Commissioner Jerke concurred and commented there are many positive aspects of the application.
He stated the Final Plan will allow for the resolution of the various technical issues, there is no
public opposition to this proposal, it is compatible with the surrounding uses, and this will convert
an unattractive site into a nice development which will generate a positive tax base. Commissioner
Vaad suggested the matter be tabled to allow the applicant and staff additional time to come to a
resolution on some of the outstanding issues. Mr. Morrison stated it does not appear there has
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been a substantial design change, therefore, it does not need to go back to the Planning
Commission. Chair Long commented he would feel more comfortable hearing discussion from
staff after they have had an opportunity to review the new design. In response to Commissioner
Vaad, Mr. Morrison stated there is a motion pending on the table; however, if a denial is not the
intent of the Board, subsequent motions can be made. Upon a call for the vote, the motion failed,
with Commissioners Geile, Long and Masden opposed. Commissioner Jerke moved to continue
the matter to January 15, 2003, at 10:00 a.m. The motion was seconded by Commissioner Vaad.
Commissioner Geile commented the applicant should have been aware of the consequences of
submitting an incomplete application, therefore, he does not support the motion. There being no
further discussion, the motion carried with Commissioners Masden and Geile opposed. There
being no further discussion, the hearing was completed at 12:00 p.m.
This Certification was approved on the 13th day of January 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
ATTEST: fan, �iyr�✓-,ii,;
S • % D vid . Long, Ch it
Weld County Clerk t.` =` `� ,, iv
' Robert D asden, Pro- em
BY:
Deputy Clerk to the ='ate;'-
M. J. Geile
TAPE #2003-01 and #2003-02 EXCUSED DATE OF APPROVAL
Willia H. Jed
DOCKET#2003-01 /.4-64r
Glenn Vaad
2003-0056
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