HomeMy WebLinkAbout20031231.tiff HEARING CERTIFICATION
DOCKET NO. 2003-36
RE: CHANGE OF ZONE, PZ #1007, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - LANCE AND JULEE
MEINERS
A public hearing was conducted on May 14, 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
Also present:
Acting Clerk to the Board, Carol Harding
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 April 18, 2003, and duly published April 24, 2003,
in the South Weld Sun, a public hearing was conducted to consider the request of Lance and Julee
Meiners for Change of Zone, PZ#1007,from the A(Agricultural)Zone District to the PUD(Planned
Unit Development) Zone District, for six (6) lots with E (Estate) Zone uses and one (1) non-
residential lot with A(Agricultural)Zone uses. Lee Morrison,Assistant County Attorney, made this
a matter of record and noted a typing error occurred in the notice with the case number being
printed as PZ #1006 instead of PZ #1007. He stated this is not substantial enough to create a
problem for someone wishing to provide testimony, since the location and applicant were printed
correctly. 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 proposal includes five lots with estate zoning and one non-residential
lot with agricultural zone uses, and concerns submitted by referral agencies were addressed in the
Conditions of Approval and Development Standards. She stated one letter was received from a
surrounding property owner, stating concerns including noise, traffic, and impacts on the wildlife
and view corridors. Ms. Lockman stated the site will be served by individual wells and septic
systems, and an interior road will be paved to County standards and accepted for maintenance by
the County. Ms. Lockman stated the original proposal was for six residential lots; however, the
Colorado Water Resources limited the application to five, with less than 35 acres each, so the
application has been amended to reflect five lots in this cluster development. Ms. Lockman
requested Conditions of Approval#5.E and#5.K be deleted, since the issue of pull outs for school
buses and mail carriers have been addressed and pull outs will no longer be required. Responding
to Commissioner Geile, Ms. Lockman stated there is a total of 135 acres, with 103 acres in the
unbuildable lot; and the applicant combined original lots five and six into one lot of 13 acres. Ms.
Lockman further responded that this is a cluster development, and the 103 acres will be in a
conservation easement for 40 years. Responding to Commissioner Masden, Ms. Lockman stated
the internal road will be paved to County standards, and Peter Schei, Department of Public Works,
2003-1231
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HEARING CERTIFICATION - LANCE AND JULEE MEINERS (COZ#1007)
PAGE 2
stated the internal road is approximately 800 feet long. Responding to Commissioner Jerke, Ms.
Lockman stated use of water for animal units might be limited; however, Mr. Morrison stated the
entire reason for the cluster is to allow for the density and water usage to be computed using the
entire acreage and, given the fact that the Division of Water Resources limited the proposal to five
lots indicates they were giving credit for the entire acreage when calculating the amount of
available water. Therefore, he suggested there might be some limited outdoor use, since the
benefit of the clustered development Statute makes more water available than in the ordinary case
if the cluster development is followed. Pam Smith, Department of Public Health and Environment,
stated preliminary percolation data show good rates; however, some lots may require shallow
septic systems because of the type of soil. Responding to Commissioner Vaad, Ms. Smith stated
the septic regulations require a 100-foot setback between water wells and septic systems; however,
permits are usually specific about where a well can be drilled. She stated staff will work with the
applicants to determine proper placement, and stated since these are large lots with small septic
systems, they do not anticipate problems.
Responding to Commissioner Masden regarding reason for approval#2.a.3, Ms. Lockman stated
the words "highly suggested" were removed at the Planning Commission hearing and should be
deleted. Responding to Commissioner Geile regarding amount of acreage in the conservation
easement, Ms. Lockman stated 103 acres will be in a conservation easement for 40 years. Mr.
Morrison stated an explicit condition should be written to require the conservation easement be
reviewed and approved by the County Attorney and prepared for recording at the time of Final Plat
for simultaneous recording with the Final Plat. Responding to Commissioner Jerke, Mr. Morrison
agreed it needs to be recorded; however, the description is tied to the PUD, so it cannot be
recorded until the PUD is filed and ready for recording, so it should accompany the Final Plat.
Responding to Commissioner Vaad, Mr. Morrison stated the conservation easement would not
prevent it being sold; however, it would limit the use of that lot. Mr. Schei stated the concerns of
Public Works have been addressed.
Jullie Meiners, applicant, responded to Commissioner Jerke that she does realize this creates a
large unbuildable lot; however, they plan to keep it for farming for most of their lifetime and they
will not try to determine what will happen in forty years.
Virginia Roe, whose property is in the middle of the horseshoe, stated this will put three buildable
lots to the east of her property and, although they seem like large lots, the proposal does increase
the density and changes the zoning from agricultural to a PUD with strictly residential zoning. Ms.
Roe sated she is also concerned about outside water, because she had understood it would only
be household water rights. (Changed to tape#2003-18.)
Greg Yeager, who owns property adjacent to the east side of the site, stated he is the one who
wrote the letter, and his concerns are about the inconsistency in how this site would be developed.
He stated most of the homes would be single family on 35 acres, which increases the present
density. Mr. Yeager stated he is concerned about drawing down the aquifer, even if only used
domestically. He is also concerned about noise, trash or objects from the neighborhood, changes
this proposal may cause in drainage patterns, implications of damage to grasslands and other
agricultural lands, the County's cost to maintain the road permanently, and increased traffic on
Weld County Road 100.
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HEARING CERTIFICATION - LANCE AND JULEE MEINERS (COZ#1007)
PAGE 3
Ms. Meiners stated her understanding of the Water Resource Division is that each household will
be allowed to draw one-half acre foot per year,which would be about 3,000 square feet of watering
outside, including two head of livestock. She stated they are called individual wells, and 17.5 acres
will be dedicated per well. Responding to Chair Long, Ms. Meiners stated she has read the
Conditions of Approval and is in agreement with them.
Responding to Commissioner Vaad, Mr. Morrison stated it is possible the State Water Engineer
would still be able to keep lots from being built on after 40 years, depending on potential changes
over the 40-year period. He stated this does not require the Engineer to grant a similar well after
40 years. Ms. Lockman stated Condition of Approval#5.J, previously discussed,should state,"The
applicant shall submit a conservation easement for review and approval by the County Attorney's
office. A finalized agreement and the appropriate fees shall be submitted for recording with the final
mylar plats." Chair Long verified the applicant is in agreement with the change in the Condition of
Approval.
Commissioner Jerke moved to approve the request of Lance and Julee Meiners for Change of
Zone, PZ #1007, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District, for five (5) lots with E (Estate) zone uses and one (1) non-residential lot with
A (Agricultural)zone uses, based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record, and the deletion of
Conditions #5.E and 5.K and the addition of#5.J, as previously read by staff. The motion was
seconded by Commissioner Vaad, and carried unanimously. There being no further discussion,
the hearing was completed at 11:25 a.m.
This Certification was approved on the 19th day of May 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEIOUNTY, COLO ADO
ATTEST: gel®
D vid E. L g, C air
Weld County Clerk t. e R - �.,
_ + Robert D. den, Pro-Tem
BY:
Deputy Clerk to thb. QWi 1C>'
M. J. eile
TAPE #2003-17 & 18 I % VhA,9
William H. Jer
DOCKET#2003-36
Glenn Va
20031231
PL1658
EXHIBIT INVENTORY CONTROL SHEET
Case PZ #100;- LANCE AND JULEE MEINERS
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 05/06/2003)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter to Postmaster
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF MAY, 2003:
DOCKET#2003-37 -ANGELA CONNER AND RAEANN SMITH
DOCKET#2003-40 - CORRINE LEWIS
DOCKET#2003-36 - LANCE AND JULEE MEINERS
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