HomeMy WebLinkAbout20010986.tiff HEARING CERTIFICATION
DOCKET NO. 2001-29
RE: CHANGE OF ZONE#547 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT WITH SIX (6) E (ESTATE) ZONED
LOTS AND ONE A (AGRICULTURAL) LOT, AND 15.58 ACRES OF COMMON OPEN
SPACE -AFFORDABLE COUNTRY HOMES, LLC
A public hearing was conducted on May 16, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem - EXCUSED
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, Sheri Lockman
Health Department representative, Pam Smith
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated April 20, 2001, and duly published April 25, 2001,
in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of
Affordable Country Homes, LLC, for Change of Zone#547 from the A (Agricultural)Zone District
to the PUD (Planned Unit Development) Zone District with six (6) E (Estate) zoned lots and one
A (Agricultural) lot, and 15.58 acres of Common Open Space. 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 favorable recommendation of the
Planning Commission into the record as written. Ms. Lockman gave a brief description of the
location,which is in close proximity to Kerbs Dairy, approved by the Board on March 28, 2001. She
stated five referral agencies responded favorably, three did not respond, and letters have been
received from surrounding property owners. Ms. Lockman submitted a memorandum, marked
Exhibit T, requesting Conditions of Approval#5.A and#5.B be inserted, Conditions#2.D.1.b,#2.C,
#2.E.1, and #2.A.3 be deleted, Condition #2.D.9 be added, and that the Board allow for
administrative review of the Final Plan. In response to Chair Geile, Ms. Lockman stated the
applicant does have an agreement with the Platte Valley School District, the existing Lyco oil
access will be closed, and all uses on the property will be accessed from the main entrance. Pam
Smith, Weld County Department of Public Health and Environment, stated the site will be served
by septic systems, some of which will be engineered. Drew Scheltinga, Department of Public
Works,stated staff requested the existing access be combined into an internal road system for one
access to State Highway 392, and they have received a letter indicating that issue has been
addressed.
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Todd Hodges, Todd Hodges Design, LLC, represented the applicant and stated the site is 75
acres, and the applicant is proposing a cluster of six four-acre lots, one agricultural lot and open
space. He further stated the lots will be served internally with a paved roadway,fire protection will
be provided by an on-site well, with a location to fill tanker trucks instead of a hydrant. Mr. Hodges
stated the site will receive water from the North Weld County Water District, and the lots will have
septic systems. He stated this application was considered by the Planning Commission nine
months ago, and the applicant has been working to address the necessary items prior to
scheduling this hearing. He stated there is an agreement with HS Resources,the Division of Water
Resources has reviewed the application,the Change of Zone plat has been amended to show the
possible drill area,which is agreeable to Lyco Energy Corporation. Mr. Hodges stated the applicant
has obtained an access permit from CDOT, the agricultural lot and oil and gas facilities will be
accessed internally; however, Lyco has asked that the existing access remain open until
construction is complete. He stated the parcel is not on prime farmland, the proposed cluster will
allow continued pasture and agricultural production on the remaining land, and the Homeowners'
Association will be able to lease water from the applicant for irrigation of the lots and open space.
Mr. Hodges stated this proposal exceeds the design standards, and is consistent with the
surrounding area.
Brian Hegwood, applicant, stated the irrigation ditch crosses Lot 7, which he will own, and the
Homeowners' Association will be able to lease shares of water from him. He stated Lot 7 will
control the release of water from the headgate, which will flow to subsequent gates at each lot for
use by each homeowner. In response to Commissioner Jerke,Mr. Hegwood stated he has decided
to delete the proposal regarding alpacas, and the lots are approximately one-half mile away from
Kerbs Dairy. He further stated the open space will be owned and maintained by the Homeowners'
Association, as described in the Covenants. The open space is currently used for raising alfalfa,
which has not been very productive, the homes will be stick-built with more than 1,000 square feet,
and the covenants will be enforced. Responding to Chair Geile, Mr. Hegwood stated domestic
water will not be used for irrigation of the properties. In response to Commissioner Jerke, Ms.
Lockman stated the applicant will be required to address the leasing of water at the Final Plan. Mr.
Hegwood stated a 4,000-gallon tank will be served by a State-permitted well and be available to
pump 250 gallons per minute into a fire truck for fire protection.
Julie Boyle, surrounding property owner, stated the property has been producing hay, and this
proposal is not consistent with the Weld County Comprehensive Plan for preserving agricultural
land. Ms. Boyle expressed concern that the Covenants do not require fencing of livestock, lack of
screening for neighbors to the south and west, inconsistency with surrounding uses, and whether
the availability of water will be sufficient for the additional homes. Responding to Chair Geile, Ms.
Boyle stated the Covenants do allow for seven residences to have certain amounts of animals and
there are no specific requirements for fencing or manure control. She further stated more homes
will create traffic impacts on State Highway 392, as well as more animals impacting the existing
residents.
Fran Lieser,surrounding property owner,expressed opposition because there are already existing
neighbors who cause conflicts, and more residences will bring in more opportunity for conflicts.
Ms. Lieser further stated the proposal needs to address manure management on each of the lots
to ensure there is no drainage into Owl Creek, and the animals need to be fenced.
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Tom Clark, surrounding property owner, questioned how the water will be distributed from Lot 7 to
each of the other lots. He stated the site has the ability to produce good alfalfa,although it has not
been very productive the past two years. He further stated he was not opposed to Kerbs Dairy
because it was for agricultural purposes; however, this application is for more houses, which will
result in a higher density and impact to the area. Mr. Clark also expressed concern with modular
homes being allowed, and stated he is opposed to changing the zoning from agricultural to
residential because this site is productive farmland.
Chair Geile advised Mr. Hodges that the applicant has the option of continuing this matter to a date
when the full board will be present. However, if they decide to proceed today, it will require three
affirmative votes,or in the case of a tie vote, Commissioner Vaad will listen to the record and make
the determining vote. Mr. Hodges indicated the applicant would like to proceed today.
Responding to Commissioner Jerke, Mr. Hodges stated the applicant intends to have stick built
homes on site, and they are willing to add that criteria to the Covenants. He explained the
applicant does not own any shares; however, he will make the leased water available to the lots
within the development. Mr. Hodges stated if the ownership of Lot 7 changes, the Homeowners'
Association will still have authority over the water use because Lot 7 is still a part of the
Association. He stated the sole access will be from State Highway 392, the site is not adjacent to
Weld county Road 55, and the proposed landscaping is not intended to screen the site, it is simply
a buffer made up of deciduous trees for appearance. He stated screening is not required between
residential and agricultural uses, and added the applicant is willing to add specific language to the
Covenants regarding the requirement of fencing. Mr. Hodges stated the majority of development
in the area is made up of Recorded Exemptions in the Agricultural Zone District, and through the
Planned Unit Development process, this proposal will be designed to higher standards than what
already exists in the area. He further stated the proposed livestock and uses on the properties will
be consistent with the current uses, and the Estate Zone District limits each of the four-acre lots
to one animal per acre. Mr. Hodges stated the Colorado Department of Transportation has issued
an access permit for the main entrance, and the traffic impact will not be significant. Mr. Hegwood
stated the irrigation rights can be deeded to the Homeowners'Association,which can rent as much
water as is available. He stated his only control will be when the main headgate is opened, and
if he leaves, someone will be voted in to take that responsibility. He further stated each site will
receive a four-hour time allotment for opening their individual water gate. In response to
Commissioner Masden, Mr. Hegwood stated he has an agreement with the School District to pay
$1,000.00 per lot. Responding to Commissioner Long, Mr. Hegwood stated waste management
will not be enforced;however,if a nuisance condition exists,the Homeowners'Association can take
mitigative actions. Responding to CommissionerJerke and Chair Geile,Mr. Hegwood stated Kerbs
dairy is located approximately one mile to the east, and he has owned this property for two and
one-half years, as well as his home on Weld County Road 43. Mr. Morrison stated the Code has
provisions for nuisance conditions which cannot exist regardless of the zoning or number of
animals.
Chair Geile stated he is concerned with estate lots located adjacent to a major dairy which was just
approved for an expansion to 5,000 head, and although the Right To Farm is included, there will
likely be conflicts. He also expressed concern with the proposal's location in close proximity to the
towns of Galeton and Gill. Chair Geile reviewed the changes proposed by staff as indicated in
Exhibit T. In response to Commissioner Jerke, Mr.Scheltinga stated once construction is complete
there will be one access for the residences, agricultural, and oil/gas uses. Responding to
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Commissioner Masden, Mr. Scheltinga stated he did not do the field check; however, he has
reviewed the materials and CDOT has approved an access onto State Highway 392. He stated
the development will add approximately 50 trips per day on the highway, which is not a significant
impact. Responding to Chair Geile, Ms. Lockman stated the Lindies Lake Planned Unit
Development is located three miles to the west.
Commissioner Jerke stated he has concerns with the proposal and its potential conflicts with the
nearby dairy. He stated the 15-acre open space is proposed to be maintained by the Homeowners'
Association; however, that may be difficult to enforce when the residents have a minor interest in
the land. Commissioner Jerke further stated it would be better to have an access from a County
road rather than a State highway,the surrounding property owners have expressed valid concerns,
the oil well traffic may be problematic, and the Covenants and Homeowners'Association may not
be able to enforce the amount of square footage on each of the homes.
Commissioner Long concurred and added he travels Highway 392 and an additional access may
be a danger. He also expressed concern with the close proximity to the dairy. In response to
Commissioner Long, Ms. Lockman explained the site is designated "prime" on the east side and
"irrigated, not prime" on the west. Commissioner Long stated testimony was presented that this
was a productive parcel of land in the past.
Commissioner Masden concurred regarding traffic on Highway 392, proximity to the dairy, and
difficulty in enforcing the Covenants for maintenance of open space and manure control on each
parcel.
Chair Geile stated Section 22-2-60.A.2 of the Weld County Code encourages the protection and
promotion of agricultural land,and although there have been other Recorded Exemptions approved
in the area, the proposed use may still be incompatible. Chair Geile also expressed concern with
the future availability of water for maintenance of the site or watering livestock.
Commissioner Long moved to deny the request of Affordable Country Homes, LLC, for Change
of Zone#547 from the A(Agricultural)Zone District to the PUD (Planned Unit Development)Zone
District with six (6) E (Estate)zoned lots and one A(Agricultural) lot, and 15.58 acres of Common
Open Space. Commissioner Long clarified his motion is based on testimony which indicates the
potential for incompatibility, lack of water, and poor access. Upon a call for the vote, the motion
carried unanimously. The motion was seconded by Commissioner Jerke, and upon a call for the
vote, the motion carried unanimously.
2001-0986
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HEARING CERTIFICATION -AFFORDABLE COUNTRY HOMES, LLC (COZ#547)
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This Certification was approved on the 21st day of May 2001.
APPROVED:
BOARD OF OUNTY COMMISSIONERS
WELD C TY, COLORADO
ATTEST: gel/ `; Elsa .7t i1.
M. J Geile, Chair
Weld County Clerk to th . :o. #'
1161 I( Mil�y EXCUSED
t� 4, Pro-Tern Glenn Vaad,
BY: U, / � i��, �>1. 3�
Deputy Clerk to the B u
�..►� Willia Jerke TAPE #2001-22 TI i E
av Le,
DOCKET#2001-29
Robert D. Masden
2001-0986
PL1508
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#547 -AFFORDABLE COUNTRY HOMES, 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 08/15/2000)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Completed Conditions of Approval
(03/26/2001)
F. Planning Staff Letter from Office of State Engineer re:
Reevaluation of Irrigation Water Supply and
Use of Wells (01/11/2001)
G. Planning Staff Letter from Davis, Graham, and Stubbs,
i"` LLP, re: HS Resources mineral rights
(12/15/2000)
H. Applicant Letter from LYCO Energy Corp. indicating
no objections (12/04/2000)
Planning Staff Letter from CDOT re: new access
application (10/19/2001)
J. Planning Staff Letter from Office of State Engineer re:
• Water Supply Information Summary
(09/08/2000)
K. Planning Staff Referral from CDOT received 09/11/2000
L. Planning Staff Letter from HS Resources, Inc., indicating
opposition (08/21/2000)
M. Planning Staff LYCO Energy Corp. indicating opposition
(08/08/2000)
N. Applicant , E-mail requesting different hearing date
(04/06/2001)
O. Planning Staff Letter from HS Resources including Surface
use Agreement (05/03/2001)
,r‘ P. Planning Staff Photo of sign posted on site
Q. Applicant Letter re: Closure of existing access
(05/09/2001)
R. Planning Staff Vicinity Map
S. Applicant Three maps (Plat with oil and gas activities,
Topo, and Vicinity)
T. Planning Staff Proposed changes to conditions
/`'•
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF MAY, 2001:
DOCKET#2001-63 - JOHN AND CHARLOTTE CARLSON
DOCKET#2001-29 -AFFORDABLE COUNTRY HOMES, 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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