HomeMy WebLinkAbout20032562 HEARING CERTIFICATION
DOCKET NO. 2003-60
RE: CHANGE OF ZONE, MZ#1017, FROM A (AGRICULTURAL) TO E (ESTATE) FOR A
NINE (9) LOT MINOR SUBDIVISION - JEFF AND TERESA STAMP
A public hearing was conducted on July 30, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. 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 July2,2003,and duly published July 10,2003,in the
South Weld Sun,a public hearing was conducted to consider the request of Jeff and Teresa Stamp
for a Change of Zone, MZ#1017, from A (Agricultural) to E (Estate) for a nine (9) lot Minor
Subdivision. Lee Morrison,Assistant CountyAttorney,made this a matter of record.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 this
is a Change of Zone for nine lots,and the Towns of Berthoud, Johnstown,and Mead are all within
two miles, however, it is not within any Urban Growth Boundary area. Ms. Lockman presented
pictures of the site and stated of 15 referrals,9 agencies responded favorably or with concerns that
have been addressed in the Conditions of Approval or Development Standards. Ms. Lockman
stated the Town of Meed is opposed to this application, because it should be referred to the Town
for possible annexation;however,the site does not lie within Mead's Urban Growth Boundary Area.
Ms. Lockman stated the St. Vrain Valley School District response was received May 19, 2003,
indicating opposition to the proposal because of its impact on already overcrowded school facilities;
however, the District did request a cash in lieu of land dedication in event of approval, and an
agreement with the School District has been required prior to recording the plat. Ms. Lockman
stated one letter of supportand two of opposition have been received,and an updated plat map and
letter from the applicant addressing Condition of Approval 1.B are marked as Exhibits H and I. She
further stated staff recommends deletion of Condition of Approval#1.B,and stated the applicant has
included a building envelope on Lots 2 and 3, and an irrigation easement in cooperation with the
adjacent property owner. Responding to Commissioner Geile, Ms. Lockman stated there are two
boxes shown on each Lot,which designates primary and secondary septic envelopes,and Lots 1,
2,3,and 4 are approximately 2.5 acres, Lots 8 and 9 are approximately 4.35 and 5.0, Lots 6 and 7
are approximately 14.12 and 5.39 acres,and Lot 5,with the existing home,is approximately 16.21
acres.
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Pam Smith, Department of Public Health and Environment, stated the site is served by the Little
Thompson Water District and individual septic systems. Lot 5,with the existing home,already has
a septic system; however, the plat shows two envelopes, to include an envelope in case a
replacement becomes necessary. She stated all lots will require engineered septic systems
because of the soil survey; however, all should fit without any problems.
Peter Schei, Department of Public Works,stated the applicant has addressed the issues pending
on the plat, and Conditions of Approval #1.C.1, #1.C.2, and #1.C.4 can be deleted. Chair Long
advised the applicant of his options with four Commissioners present, and Todd Hodges, Todd
Hodges Design, LLC, represented the applicant and stated they would like to proceed today.
Mr. Hodges stated the project engineer, Dennis Metzger, and the project surveyor, Steve Stencil,
are also present. He stated the site is between Mead, Berthoud and Johnstown, within
approximately one and one-half miles of each municipality as they currently exist. Mr. Hodges
stated the lots range from 2.5 to 16.2 acres; the proposed roadway predominantly follows an
existing roadway and it serves the existing improvements on Lot 5; and a house, shed, two other
shed-like structures,and a septic system are existing on Lot 5. Mr. Hodges stated the applicant is
proposing to transfer the existing irrigation water to the Homeowners'Association for the option of
a non-potable system,which would allow for more efficient use on this property as it currently exists.
Setbacks have been located for potential oil and gas drilling sites,which are placed on the plat,and
all setbacks meet Weld County Code. Mr. Hodges stated the applicant has met with surrounding
property owners since the Planning Commission Hearing and,through a verbal agreement with Mr.
Pietrangelo on the adjacent property, Mr. Stamp has placed building envelopes on Lots 2 and 3 to
create a view corridor for the adjacent property owner. Mr.Hodges stated an easement for irrigation
for water piped across the property was also discussed, and further, that the Covenants will not
allow manufactured homes within the subdivision. Mr. Hodges stated he and Mr. Stamp met with
LuAnn Penfold,Mountain View Fire Protection District,at least twice to ensure compatibility with the
District standards,and through those meetings, have developed an eyebrow between Lots 2 and
3 for maneuverability of the trucks. Mr. Hodges stated the addition of a tank and pump system for
the addition of sprinklers within each house is being negotiated. Mr. Hodges stated they have
discussed a bus pullout with the School District, and the applicant is willing to pay cash-in-lieu
option,and they are willing to work with the School District on when that actually occurs through the
Final Plan process. Mr. Hodges discussed compliance of this project with the Weld County Code,
stating this would divide agricultural land to accommodate low density residential development. He
stated this is a rural development proposal, located in close proximity to several communities,
offering a rural lifestyle option; however, since it is outside the existing Mead Intergovernmental
Agreement boundary area,it does not need to meet the request from Mead to submit for annexation.
Mr. Hodges stated this site is compatible with the region, since it has the resources and services
to support a Minor Subdivision;there are 78 parcels created through Recorded Exemptions within
a few miles of the site; and regional influences include The Estates at Hill Lake, a nine-lot
subdivision, Spring Meadows, also nine lots, and Northmore Acres, consisting of 33 lots. Mr.
Hodges stated the applicant has met the approval criteria required for Board of County
Commissioner approval and stated the applicant and entire family are very involved in agriculture
and 4-H activities.
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Responding to Commissioner Geile, Dennis Metzger, Project Engineer, indicated the proposed
location of the treatment plant for Berthoud and Johnstown and stated there is a hill between this
site and that location, which would require a huge pumping system to get effluent over the hill.
Commissioner Geile suggested the applicant, although it will be quite some time before the new
plant is constructed, design the septic systems to allow for future conversion and enhanced
systems; to include a requirement in the Covenants to convert to the public system or enhanced
system when available;and to execute some type of agreement to inspect the systems on a regular
basis to ensure they are not failing. Mr. Hodges stated Commissioner Geile has brought up some
good points, and there has been discussion about creating pumping time for each lot, instead of
individually, and they can consider requiring that through the Covenants. As for the enhanced
system,Ms.Smith stated it is for the purpose of reducing nitrates;however,it has not been required
for this application based on the size of the lots. Responding to Commissioner Geile,Mr. Metzger
stated they can easily accommodate conversion to a public system, since the site has very good
relief and topography to allow the conversion. Responding to Commissioner Vaad, Mr. Metzger
stated it is doubtful Mead will provide services in this area, since they intend to annex towards the
south. Mr. Morrison stated requiring a development, upon failure of a septic system,to hook into a
public system if it is within 400 feet is a County rule, not a State requirement and it creates
enforcement problems. Mr. Morrison stated if the goal is to convert when public sewer is available,
it should be done through the Covenants.
Responding to Commissioner Vaad regarding nearby properties,Jeff Stamp,applicant,stated the
adjoining site,which was previously a bean elevator, has recently been sold, and there has been
discussion about storing wheat on it. He also stated there has been talk about a fly ash operation,
going in by rail and out by semis',although his understanding is that no application has been filed.
Mr. Stamp clarified for Chair Long that they stated there will be no manufactured homes,after his
discussion with his neighbor,who was trying to protect his home by having similar style homes in
the area. Mr. Stamps stated his intention is to have homes which are built on site.
Jennifer Cassey stated she lives directlywest of the site on ten acres,and four of the proposed lots
will border her property. She stated she is an attorney with the Federal government and that,
although Mr. Stamp has property rights to do subdivisions, it should come with some limitations.
She stated some of the lots are large enough to be compatible;however,two-acre lots are not. Ms.
Cassey stated the properties that surround the site vary from six acres to 100 or more. She stated
2.5 acre lots will not provide the agricultural use being suggested,since it cannot be farmed or used
for agriculture, but will only allow a home, garage, landscaping, and maybe an outbuilding. Ms.
Cassey stated she has no idea where the homes will be built on the four lots and, although there
has been talk about Covenants, nothing has been presented in writing concerning the size and
structure being consistent with the surrounding homes. Ms. Cassey stated she is also concerned
about increased traffic and dust on Weld County Road 38, which is a gravel road. Regarding
existing developments in the area,she stated she purchased her property four years ago and built
her home two years ago. During that time, two additional proposals have been approved by the
Town of Mead, and development proposals are overwhelming this area. She said Mead is
considering an annexation proposal which includes five hundred houses,and if she had known there
would be this much development in the area,should would not have purchased her property. Even
though the area is prime for development,Ms.Cassey stated it must be done slowly and carefully,
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with any impact to neighbors being mitigated. She stated the applicant has not met the requirement
for compatibility with surrounding uses, and she shares the concerns of other neighbors. Ms.
Cassey also stated she has a Weed Control Plan to eradicate weeds on her property, and she is
concerned about how her spraying will affect four nearby homes. Responding to Commissioner
Jerke,who stated appropriate mitigation might include minimum square footage being established,
Ms.Cassey stated it would ease her concerns;however,she would like to know her property values
are not going to be negatively impacted. Responding to Commissioner Vaad, Ms. Cassey stated,
although the County has no purview over Mead,dividing prime agricultural land in minor subdivisions
is not any more appropriate for this area than approving large subdivisions.
Dave Martini,surrounding property owner,stated approval of this proposal is at the discretion of the
Board;however,he is concemed that,although Department of Planning Services staff and Planning
Commission members expressed concerns about small acreage and other parts of this proposal,
it was still forwarded to this Board. Mr. Martini stated the water, easements, and pipeline are
ambiguous; 2.5-acre lots are too small; Mr. Stamp is creating a rural neighborhood, not providing
for country living;and he questioned why the applicant is cramming the maximum number of lots
into the acreage instead of dividing into a smaller number of bigger sized lots. Mr. Martini also
questioned the amount of water available,which Commissioner Jerke stated amounts to one-half
share of ditch water,and stated the head gate services are shared by three other property owners
in addition to this applicant.Mr.Martini stated the ditch company has said one-fourth is the minimum
that will be delivered,and that will have to be coordinated between all nine residences. Mr. Martini
stated he is also concerned about light pollution,dust,and traffic,and requested the Board to reject
the proposal. He stated this property has been continuously farmed since he has been there,
although many Recorded Exemptions have been approved which began chopping up the prime
agricultural land, which is converting the entire area to a rural residential neighborhood.
Responding to Chair Long,Ms.Lockman described each stage of the Change of Zone,stating each
stage would be brought back before the Board,and that most of the criteria being mentioned by Mr.
Martini are standard Conditions of Approval for the Final Plan. Chair Long reiterated that each stage
would come back before the Board of County Commissioners, and the existing house would be
subject to the same criteria, although Mr. Morrison stated that is only after final approval.
Mr.Martini stated there is a light pollution problem as it currently exists,and the number of houses,
density,and noise pollution needs to be addressed. Responding to Commissioner Geile,Mr.Martini
stated he has 11 acres currently without any animals;however,he has investigated small acreage
crops for viability. Responding to Commissioner Jerke,Mr. Martini indicated his parcel and stated
he has owned it since 1990,and that it was the original Recorded Exemption for this entire section.
Mr. Martini stated he has a quarter share of Highland Ditch,and a pond decree with the right to fill
and refill based upon availability,which fills out at the Farmers Extension Ditch and connects to the
Highland Ditch. Mr. Martini stated he is currently irrigating only pasture because his pond is only
one-third full,although in the past he has irrigated other crops. Responding to Commissioner Vaad,
Mr. Martini stated a quarter share is approximately from 5.5 to 8 acre feet.
Dave Pietrangelo, surrounding property owner, stated after stating his concerns at the Planning
Commission Hearing regarding water being piped from the top of the site down to him and his
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irrigation easement, Mr.Stamp met with him and they agreed to run a pipeline down the west side
of the property, which would give him access without having problems with the head gates. Mr.
Pietrangelo also stated the way this is designed,Mr.Stamp will move building envelopes onto the
lots to improve his view corridor. He still has concerns about his liability when spraying alfalfa in the
Spring;he makes approximately$14,000 per year of supplemental income from his property;water
pressure is still a concern; and the driveway is gravel, and it cannot be graded after dust
suppression chemical is sprayed on it,therefore,it will be rough. Mr.Pietrangelo stated his property
is worth $750,000, and he is very disconcerted for this proposal to happen this close to him.
Chair Long closed public testimony.
Rebutting the testimony given,Mr. Hodges stated there are several lots within one and a half miles
that are less than six acres;the definition of compatibility is subjective, and it means to co-exist in
harmony;the size of the proposed lots is consistent with what is existing and planned for the future;
and the proposal is compatible with the surrounding area,when looking at all the existing Recorded
Exemptions. Mr. Hodges stated land use splits have historically occurred and continue to do so;
however,through this Minor Subdivision process,the County has better control through Conditions
of Approval than is allowed with the Recorded Exemption process. He stated a critical component
is that the applicant cannot answer questions at this time,because it is cost prohibitive to have the
full engineering before the Change of Zone is approved, and each will be answered in a timely
manner at each stage as required. Mr.Hodges stated the Right to Farm is included on the plat,and
it can co-exist. He said the applicant is relying on the Little Thompson District for water,since they
have completed their engineering study and feel it is adequate. Mr. Stamp stated he has met with
the neighbors, and tried to work through their concerns, and, responding to Commissioner Jerke
regarding setting a minimum square footage for the houses on the final plat,stated he does not like
a home being measured by square footage; however,he could be okay with it,although he would
rather see quality standards. Mr. Stamp agreed he could be comfortable with Commissioner
Jerke's suggestion of 1,500 minimum square feet of above grade finished area. Mr.Stamp stated
he lives in the neighborhood, and he plans to stay there.
Commissioner Geile stated that the applicant would be including certain definitions in the
Homeowners' Association, to include a 1500 square foot minimum, and also suggested an
architectural review committee be included to deal with other issues, to keep the product that is
being constructed compatible with the other product in the area. Mr.Stamp stated he does not have
a problem with that; however, Mr. Morrison reminded the Board this is a Minor Subdivision, not a
Planned Unit Development,therefore,the Board cannot set setbacks,floor coverage,floor size,etc.,
but can only encourage the developer to put it into the Covenants. Although it will not be part of the
Board regulation since the County is bound by the zone district, Commissioner Geile stated he
would like a commitment from the applicant to do these certain things to deal with the concerns of
the surrounding property owners. Responding to CommissionerJerke regarding a requirement on
the final plat that would indicate a minimum square footage, Mr. Morrison stated it cannot be done
in this process; however, it can be done by private agreement which includes Covenants. Mr.
Morrison stated the Covenants could be arranged to be for the benefit of the property owners outside
the subdivision. Mr. Stamp stated he can make 1,500 feet the minimum house size, and he can
require an architectural control committee, which will be a voluntary note on the final plat.
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CommissionerJerke suggested deletion of Condition of Approval#2.Y,since sprinkling is not a fire
department requirement;however,Ms. Lockman stated part of the reasoning for putting it in is that
the Building Inspection Department has asked for it. Commissioner Jerke stated he does not like
going in circles, since the Fire District said it was not required, it is not appropriate for the Building
Inspection Department to require it in case the Fire District will require it in the future. Mr. Stamp
stated they met with the Fire District and,since they did not feel they would have the fire flow at the
top hydrant, they would prefer to sprinkle them; therefore, he is comfortable with leaving the
requirement in.
CommissionerJerke also questioned the wording of Condition of Approval#3.A,since it gives veto
power to the School District. Ms. Lockman suggested changing the last part of the sentence to
read, ". . .all district requirements regarding the bus pullout and cash-in-lieu fee have been met."
The Board concurred with the change in language.
Commissioner Geile requested deletion of Condition#1.B, since there is no basis to require the
applicant to meet the requirements of the Town of Mead, and Ms. Lockman stated staff feels the
requirement has been met just bywriting the letter,and it can be deleted. It was a consensus of the
Board to delete Condition#1.B. Commissioner Geile also clarified that when the final plat comes
back with a Homeowners'Association and Covenants,the septic systems will have a maintenance
clause, and it will be designed in such a manner that it can be converted to a public system. Mr.
Hodges stated the maintenance clause will be included,and they will definitely look at language to
require the system be designed to allow the conversion; however, they are not designing the
systems in the final plan, that would be up to the individual homeowners. Commissioner Jerke
requested additional information about irrigation water before the final plan. He has heard that the
applicant may have approximately 15 acre feet of water for 50 acres of land;therefore,even if the
Homeowners'Association can rent additional water, it will need to be spelled out prior to approval
of final plan. He also stated it may not be financially feasible to build the pipeline if there is only 15
acre feet of water going through it. Chair Long verified the applicant is in agreement with the
Conditions of Approval as amended.
Commissioner Vaad responded to Mr. Martini's questions regarding the Planning Commission
forwarding the case to the Board when they have concerns about it,and comments were made that
it was not compatible. He quoted John Folsom from the minutes of the meeting, stating that, as a
member of the Planning Commission, he has to rely on the Code for the reasoning,and this case
is in substantial compliance. Commissioner Vaad expressed his opinion as to why the Planning
Commission would send a case to the Board when they were not totally in agreement; and,
regarding spraying and the potential liability involved,stated there are alternatives to spraying,such
as a truck applicator. Commissioner Vaad stated he has shared many of the same experiences,
living in a rural area that is now built up through different circumstances,and he moved out for the
view, which he no longer can enjoy. Commissioner Vaad further stated there has been a lot of
discussion with neighbors since the Planning Commission meeting, trying to work out concerns,
and there seems to be various sized property nearby; however,there is a potential of good things
happening with the surface of Weld County Road 38,as development happens and this applicant
will enter into an agreement for a proportionate share of improvements that will be need to be made
there. Therefore,Commissioner Vaad moved to approve the request of Jeff and Teresa Stamp for
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a Change of Zone, MZ#1017,from A(Agricultural)to E(Estate)for a nine(9)lot Minor Subdivision,
based on the recommendations of the Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as entered into the record,as modified. The
motion was seconded by Commissioner Jerke. Commissioner Geile stated the Planning
Commission did use the appropriate methodology and hearing process,consequently they did find
this application to be in compliance with Section 23-2-50 and 23-240.B of the Weld County Code.
Commissioner Geile also referred to the Intergovernmental Agreement area and the Urban Growth
Boundary Area,stated this application is outside that area,and is a non-urban area,which allows
the County to look at the future as it relates to non-urban uses in this area. He further stated when
one looks at the urbanization that has been occurring in this area,it does provide a buffer between
the adjoining properties, and is consistent with action taken in the past. On a call for a vote, the
motion carried unanimously. There being no further discussion,the hearing was completed at 3:20
p.m.
This Certification was approved on the 4th day of August, 2003.
APPROVED:
B RD OF COUNTY COMMISSIONERS
��� CO NTY, COLORADO
ATTEST:
David E. Long, Chair
Clerk to the Board
EXCUSED
• Robert D. M s en, Pro-Te
•
Ra ty to the Board
!r'e (Pemp <. . J. ile
`TAPE#2003-30
Willia H. Jerke
DOCKET#2003-60
Glenn Vaad
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EXHIBIT INVENTORY CONTROL SHEET
Case MZ#1017 -JEFF AND TERESA STAMP, C/O 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 (06/17/2003)
D. Clerk to the Board Notice of Hearing
E. Adam and Brenda Smith Letter of Support (07/22/2003)
F. Sheriffs Office Referral Response (07/14/2003)
G. Planning Staff Posting
H. Panning Staff Plats (2)
I. Applicant Letter (07/16/03)
J. Applicant Vicinity Map
K. Planning Staff Presentation
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