HomeMy WebLinkAbout20011224.tiff HEARING CERTIFICATION
DOCKET NO. 2001-28
RE: CHANGE OF ZONE#556 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FIVE (5) LOTS - LEROY AND
PHYLLIS JOHNSON
A public hearing was conducted on May 9, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair- EXCUSED
Commissioner Glenn Vaad, Pro-Tern
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Diane Houghtaling
The following business was transacted:
I hereby certify that pursuant to a notice dated April 13, 2001, and duly published April 18, 2001,
in the Tri-Town Farmer and Miner,a public hearing was conducted to consider the request of Leroy
and Phyllis Johnson for Change of Zone #556 from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District for five (5) lots. Lee Morrison, Assistant County
Attorney, made this a matter of record. Chair Pro-tern Vaad advised the applicant's representative,
Todd Hodges, Todd Hodges Design, LLC, that the applicants have 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 Geile will listen to the
record and make the determining vote. Mr. Hodges indicated the applicants would like to proceed
today.
Kim Ogle gave a brief description of the proposal and the location of the site, and entered the
favorable recommendation of the Planning Commission into the record as written. In response to
Commissioner Vaad, Diane Houghtaling, Department of Public Works, stated the first portion of
item#2.e of the Draft Resolution has been stricken; however, she requested the Board keep the
text because it distinguishes between the right-of-way requests of the County and the City of
Greeley. Following discussion, Mr. Morrison stated the difference between a right-of-way
reservation and right-of-way dedication needs to be discussed in a staff work session. In response
to Commissioner Jerke, Ms. Houghtaling stated Weld County Road 54 is paved.
Mr. Hodges stated this is a 25.5-acre site, and surrounding uses are primarily agricultural or
residential. He stated the applicants have worked with the local fire and water districts to resolve
their concerns,and the issues raised by other agencies,such as the school district,will be resolved
prior to submittal of the final plan. Mr. Hodges stated the applicants farmed this land in the past;
however, it is currently planted with pasture grasses, and the high water table is an asset for
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HEARING CERTIFICATION - LEROY AND PHYLLIS JOHNSON (COZ#556)
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landscaping the proposed development. He further stated the foundation issues have been
addressed in the Conditions of Approval, the applicants are proposing five lots,with approximately
12 acres of open space, which exceeds the minimum requirement. Mr. Hodges stated there will
be a landscaping buffer along the railroad tracks, the proposal exceeds the Design Standards, it
is considered non-urban scale pursuant to recent amendments made to the Weld County Code,
and the applicants are requesting the Final Plan be done by an administrative review.
Leroy Johnson, applicant, stated he has owned the property for 45 years. Phyllis Johnson, co-
applicant, stated they bought the property in 1956, and had the land machine-leveled for better
irrigation. Ms. Johnson stated they tried farming the land for 30 years, but at the advice of the
Extension Office, they converted their crops into pasture because farming this portion was no
longer economically viable. Ms. Johnson stated they do raise small onions on another portion of
their farm, and it seems the primary concern is whether this proposal would be taking prime
agricultural land out of production. She further stated this land would be best used for more family
homes. It is located near the airport, mall, and schools, and it is necessary to sell this part of the
farm due to low crop prices. Ms. Johnson stated the high water level only lasts for six to eight
weeks, it never comes above the surface and engineered foundations and septic systems will be
adequate. In response to Mr. Morrison, Mr. Hodges commented the preliminary map indicates 30
feet of right-of-way for Weld County Road 54, and the applicants have no objection to adding 20
more feet on each side. Responding to Mr. Morrison, Ms. Houghtaling stated this statement
addresses her previous concerns, and the language stricken from item #2.e does not need to be
added back into the resolution.
Responding to Commissioner Vaad, Mr. Hodges stated staff requested language be included on
the plat which indicates the site is located in the Airport Overlay District, and the applicants have
also agreed to include the language as part of the Covenants to inform future residents.
Commissioner Vaad stated he and Commissioner Jerke are on the Airport Authority Board, and
their primary concern is that most people do not review a plat prior to purchasing a home; however,
including the airport language in the Covenants should be sufficient. In response to Mr. Hodges,
Mr. Morrison stated he can provide an Avigation Agreement form for use by the applicants, which
can be referred to on the plat.
George Maxey, surrounding property owner, stated he lives directly north of the proposed
development. He stated his property has been used for dairy operations since 1915, and he
expressed concern with the zoning change hindering plans for a future expansion of his dairy. Mr.
Maxey stated he has no further objections; however, he did want the Board to be aware that the
proposed homes will be in close proximity to an existing dairy operation. In response to
Commissioner Jerke, Mr. Maxey stated he is aware of Weld County's Right to Farm, and
appreciates that it will be included on the plat and Covenants. There being no further comments,
Commissioner Vaad closed public testimony.
In response to Commissioner Vaad, Mr. Hodges stated he and the applicants have reviewed and
agree with the Conditions of Approval. Ms. Smith stated Condition #5.H should not be stricken
from the Resolution.
2001-1224
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HEARING CERTIFICATION - LEROY AND PHYLLIS JOHNSON (COZ#556)
PAGE 3
In response to Commissioner Long, Ed Church, engineer, stated there must be a four-foot
separation between the soil surface and groundwater. He explained the various options for septic
systems in this type of soil,and responding to Commissioner Long, Mr. Church stated both designs
have been around for almost 40 years, and the technology has improved. He stated evaporative
systems require a lot more space and can be very costly. He recommends the applicants use a
pump system which uses four feet of sand to cleanse the water so that it meets County standards
before it goes into the ground. Ms. Smith stated most soil in Weld County is suitable for septic
systems; however, at this site the high ground water level requires enhanced treatment systems,
which will be more costly.
In response to Commissioner Jerke, Mr. Hodges stated the open space will be owned and
maintained in perpetuity by the Homeowners'Association. He stated the open space is currently
planted in native dryland grass.
Commissioner Masden moved to approve the request of Leroy and Phyllis Johnson for Change of
Zone #556 from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for five (5) lots, 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. His motion also included amending the draft resolution to keep Condition #5.H and
renumber or reletter as appropriate. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
This Certification was approved on the 14th day of May 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i f ' EL a EXCUSED
�1 M. J Geile, Ch it
Weld County Clerk tother'o- es% I` �� �4��4\
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Glenn Vaaniii5-hem
BY: i/ i • �)//.�rL
Deputy Clerk to the Bob`UN \tom
��►� Willia Jerke
TAPE #2001-21 _
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DOCKET#2001-28 ,
R bert D. Masden
2001-1224
PL1507
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#556 - LEROY AND PHYLLIS JOHNSON
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 05/01/2001)
D. Clerk to the Board Notice of Hearing
E.
F.
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H.
J.
K.
L.
M.
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P.
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R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF MAY, 2001:
DOCKET#2001-28 - Leroy and Phyllis Johnson
DOCKET#2001-31 - Fourway Baptist Church
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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