HomeMy WebLinkAbout20011763.tiff HEARING CERTIFICATION
DOCKET NO. 2001-49
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN FOR A FIVE (5) LOT MINOR
SUBDIVISION, S#588, IVY CREST - DENVER CANADIAN, INC.
A public hearing was conducted on July 18, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
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, Shed Lockman
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 28, 2001, and duly published July 4, 2001, in
the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Denver
Canadian, Inc., for a Site Specific Development Plan and Final Plan for a five (5) lot Minor
Subdivision, S#588 - Ivy Crest. 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 recommendation of the Planning Commission into the record as written.
Ms. Lockman gave a brief description of the location and surrounding uses. She stated nine
referral agencies responded, with the Towns of Mead and Platteville indicating concern. She
further stated concerns have also been expressed by surrounding property owners stating the
proposal is not compatible with the surrounding area, the applicant still needs to submit a
landscaping plan, and the berm may not mitigate lights from traffic. If approved, Ms. Lockman
stated staff will be requiring a substantial amount of screening unless directed otherwise by the
Board. She further stated the applicant and Patina Oil did not come to an agreement regarding the
access road to the oil and gas facilities, and she gave a brief description of the surrounding uses.
In response to Commissioner Jerke, Ms. Lockman indicated the locations of the onion processing
operation, turkey farm, dairy, and feedlot, which are all within two miles of the proposal.
Responding to Chair Geile, Ms. Lockman stated staff is waiting to see what will be resolved
regarding the oil and gas facilities, and added Condition of Approval #1.G addresses the
landscaping requirement. Don Carroll, Department of Public Works,stated Weld County Road 19
is designated as a collector status road, with more than 300 vehicles per day. He stated the site
is also bordered along the south by Highway 66. Drew Scheltinga, Department of Public Works,
stated the applicant has provided drainage studies and roadway plans; however, he noted the
existing easement for accessing the oil well crosses Lot 1,which needs to be indicated on the plat
if the applicant does not come to an agreement with Patina regarding a new access.
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Kris Pickett represented the applicant and stated this request is for a five(5)lot Minor Subdivision,
and the Change of Zone was approved on April 5, 2000. Mr. Pickett stated the subdivision has a
20-foot outlot between the County road and Larkspur Road. He stated there was discussion at the
Planning Commission hearing regarding screening to buffer headlights. Mr. Pickett stated the
applicant will construct a three-foot high berm topped by a split-rail fence and shrubbery. He
requested the landscaping required be specified by Planning so he has direction in preparing a
Landscaping Plan. He further stated the oil and gas access has been relocated,and the applicant
requests Condition of Approval#2.1 be deleted or amended to clarify that the uses listed are what
exists at this time and may be subject to change. In response to Commissioner Vaad, Ms.
Lockman stated they have not received a Landscape Plan from the applicant which has been
requested since the Sketch Plan phase, and is required by the Conditions of Approval. She
explained the berm is intended to block the headlights of oncoming traffic, and the landscaping
needs to be compatible with the use located across the road. In response to Commissioner Vaad,
Mr. Picket explained the internal road is parallel to Weld County Road 19,which may cause a traffic
hazard. He stated the neighbor to the east will be separated from the homes by a 50-foot setback,
ten-foot right-of-way dedication, 20-foot outlot and 60-foot roadway. He further stated the berm
and landscaping will be located in the 20-foot outlot. Commissioner Vaad commented there was
discussion at the Change of Zone hearing indicating that trees will create problems for aerial crop
spraying in the area; however, Ms. Lockman stated the intent of screening is to protect the existing
uses and mitigate any conflicts. Commissioner Vaad suggested the landscaping be left up to the
future property owners. Responding to Commissioner Jerke, Ms. Lockman stated the site is 14.9
acres, and Mr. Pickett added the lots will be 2.5 acres in size. In response to Chair Geile, Mr.
Pickett stated the utilities are already located in the road. Chair Geile suggested there should be
some effort to notify the potential buyers of the rural activities as indicated in Condition of Approval
#2.1. Mr. Morrison stated Condition of Approval #2.1 was added at the request of a Planning
Commission member for notification purposes. Mr. Picket stated he agrees with the concept and
stated the language should be clarified that those uses cited existed at the time of approval, but
may not exist at a future date.
Daniel Ochsner, applicant, requested Condition of Approval #2.1 be deleted because it may not
include all of the uses surrounding the site, nor does it specify the distance from the site to those
uses. Mr. Ochsner stated the Right to Farm statement should be adequate notification of the rural
and agricultural uses in the County. In response to Commissioner Long, Mr. Picket stated the area
west of the ditch will be used as determined by the future landowner, and the site is currently
planted in grass. Responding to Commissioner Jerke, Mr. Ochsner maintained that the Right to
Farm statement is adequate, and added most buyers review the area and are aware of what they
will be moving into.
Brandon Houchens, attorney, represented Ken and Lila Mayer, and stated this proposal does not
comply with the Weld County Comprehensive Plan. He stated the proposal is not compatible with
the surrounding agricultural community. Commissioner Vaad commented the Change of Zone has
already occurred, so Mr. Houchens comments should be limited to the facts of the Final Plan. Mr.
Houchens stated the Right to Farm statement does not protect the future home buyers from
expansion of the existing agricultural uses,and he stated many of the conditions have not yet been
met. Mr. Houchens stated the landscaping has not been addressed, there will be a conflict with
traffic headlights, and the presence of homes may restrict crop spraying. Chair Geile questioned
what will be located on top of the three-foot berm,and stated the Covenants are to be followed and
enforced by the Homeowners' Association, not the neighbors. Mr. Morrison stated most of the
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items cited by Mr. Houchens are items that have to be addressed administratively and are open
to comment. He added the Improvements Agreements will require further review by the Board.
Bruce Wilson,surrounding property owner,stated other surrounding uses include a gravel pit and
concrete processing plant. He read a letter received June 26, 2001, from Owens Brothers
Concrete for the record. Mr. Wilson stated the proposed use is not compatible with the existing
surrounding uses, and he added a full disclosure of the surrounding uses should be given to future
residents to ensure they understand the nature of the area. He requested Condition of
Approval #2.I be amended to add gravel mining to the list of surrounding uses. Responding to
Chair Geile, Mr.Wilson stated he was present and gave testimony at the Change of Zone hearing.
Lila Mayer, surrounding property owner, stated she and her husband own an onion and potato
processing plant across the road from the proposed development. She stated that although the
Change of Zone has occurred, the applicant should still be required to take any necessary
measures to mitigate future conflicts and make the use more compatible. Ms. Mayer stated
Condition of Approval #2.I should remain in the Resolution, and added her protection under the
Right to Farm has been challenged because she has had to invest considerable time and expense
to defend their lifestyle. Ms. Mayer stated the Right to Farm statement is important and should be
disclosed to the future buyers of the homes to ensure they understand the nature of the
surrounding area. In response to Chair Geile, Kenneth Mayer, explained the potato and onion
trucks back up to a loading dock that is directly across the road from Lot 3. Mr. Mayer stated the
landscaping will have to be significant to mitigate the headlights from shining into the windows
because he does not want complaints regarding his operation.
In response to Chair Geile, Mr. Pickett stated the applicant is aware of the uses in the area, the
Right to Farm statement is on the plat, and he suggested the homes be built with the bedroom
windows located on a side of the house that does not face the potato and onion operation. Chair
Geile stated Condition of Approval #2.I requests the applicant cooperate in notifying the future
homeowners of the existing and potential uses in the area, as well as the impacts. Responding to
Chair Geile, Mr. Picket stated a berm cannot solve all of the impacts; however,the conflicts will be
reduced by simply notifying the future residents of those impacts. Daniel Ochsner, applicant,
suggested it would be more appropriate to allow the future homeowners to landscape their own lots
to their liking because some residents may not be opposed to the view. Mr. Ochsner clarified the
original intent of the Landscaping and Screening Plan was to screen the parallel road, not
neighboring properties.
Mr. Scheltinga stated there is an easement across Lot 1 to service the Patina Oil well site and it
needs to be indicated as such on the plat if the alternate access is not agreed upon. He stated
Recorded Exemption #2152 is adjacent to Lot 1 and has an access proposed by the applicant
which Patina Oil has not agreed to. Mr. Ochsner stated he contacted Patina Oil several times, but
the manager was never available. He explained there is also a dispute over the fact that Patina
proposed to bury the lines on the rest of the property five feet deep; however, the lines are only
buried four feet deep. Mr. Ochsner stated there is a new access on Lot A of Recorded Exemption
#2152 which was approved by PW; however, Patina is not cooperating in hopes that there will not
be litigation over the depth of the lines. Mr. Scheltinga stated Patina Oil has not agreed to the
second easement,which the Department of Public Works finds to be adequate,and the Patina still
has the right to use the existing easement through Lot 1. Mr. Morrison stated this request is for
a five-lot subdivision; however, only four lots will be usable if Patina Oil does not agree to the new
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access. Commissioner Vaad commented the Board does not have jurisdiction over the oil
company and cannot make them comply. Commissioner Jerke commented they may have to
co-exist although the lot may be difficult to sell. Mr. Scheltinga requested the existing easement
be shown on the plat if the development is approved. Responding to Commissioner Vaad, Mr.
Morrison stated the Covenants can be enforced by the Homeowners' Association, mortgage
holders, and the County, and some can be written to the benefit of a neighboring property.
Responding to Commissioner Long, Ms. Smith stated there are two existing septic permits in the
area and the soils are adequate. She explained the septic systems will be allowed to locate in the
building envelope, or on the other side of the ditch with additional cost. Ms. Smith stated Lot 1 is
the largest lot and the existing easement will not likely hinder the septic system; the only
consideration is that the septic system must be located 100 feet from the ditch. In response to
Commissioner Jerke, Ms. Smith stated the owners can request a variance to locate within the 100-
foot setback; however, that would not be recommended by staff for a new construction. Ms. Smith
stated the Change of Zone plat indicates both primary and secondary envelopes on the other side
of the ditch. Mr. Morrison stated the features indicated on the Change of Zone Plat for septic
envelopes need to be carried over to the Final Plat. In response to Commissioner Vaad, Ms.
Lockman stated one of the Planning Services staff members is a landscape engineer and he can
work with the applicant regarding adequate landscaping.
Commissioner Jerke stated the previous board did approve the Change of Zone and he is in
agreement with showing the existing easement on the plat if the secondary access is not agreed
upon. Mr. Morrison stated it would be beneficial to have more information from both parties to
determine if the applicant has made a reasonable attempt to resolve the situation. He further
stated a Condition of Approval could be added regarding the designation of the oil and gas
easement on the plat. Chair Geile stated he wants to ensure the future owners are fully aware of
what is in the area, and Condition of Approval #2.1 would accomplish that. He further stated
Condition of Approval #1.H.7 needs to state the applicant will provide adequate buffering, and
added that issue will be addressed further when the Board considers the Improvements
Agreement. Commissioner Jerke suggested adding "if applicable" so the oil and gas easement
would be required to be shown on the plat if an agreement is not reached. In response to Chair
Geile, Mr. Morrison explained the ramifications of denying this case.
In response to Chair Geile, Mr. Picket indicated the primary and secondary septic envelopes were
part of the Change of Zone, and the applicant is willing to show those envelopes on the Final Plat.
Ms. Smith stated the septic regulations indicate a septic system must meet the designated
setbacks and not take up more than 25 percent of the lot. She further stated staff prefers there be
a primary and secondary envelope to avoid requests for variances in the future if the first system
fails. Mr. Pickett stated the easement was removed because he thought the access issue would
be resolved. Commissioner Vaad commented all easements are required to be shown on the plat,
so an additional condition is not necessary. Mr. Pickett requested the septic envelopes be
"recommended" rather than absolute in case the future property owner wants to use another
acceptable location. Ms. Smith stated the envelopes are not restrictive, and if they are indicated
on the plat and structures are placed which eliminate any other alternatives, the County will have
some enforcement measures for using the secondary septic envelope. Mr. Pickett proposed the
designated areas shown on the Change of Zone plat be carried over.
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Commissioner Vaad moved to approve the request of Denver Canadian, Inc., do Daniel Ochsner,
for a Site Specific Development Plan and Final Plan for a five (5) lot Minor Subdivision, S #588 -
Ivy Crest,based on the recommendations of the Planning staff and the Planning Commission,with
the Conditions of Approval as entered into the record. His motion also included adding Condition
of Approval #1.H.8 to state "Primary and Secondary septic envelopes shown on the Change of
Zone Plat shall be designated on the Final Plat." The motion was seconded by Commissioner
Masden.
In response to Commissioner Jerke, Mr. Morrison stated all easements must be shown on the plat
unless the new access is used and the easement vacated. Commissioner Vaad commented
although there was discussion regarding the placement of landscaping to mitigate vehicle
headlights, he feels it should be up to the future homeowners to landscape their property as they
see fit. He added testimony at the Change of Zone hearing implied that tall trees would eventually
hinder crop-dusting operations. Commissioner Jerke commented he has observed aerial
applicators having no problems getting into fields and that should not be an issue. Chair Geile
stated he feels the issue of landscaping has been addressed, and the applicant will have to inform
future residents of the agricultural operations in the area; therefore, his concerns have been
addressed. Upon a call for the vote, the motion carried unanimously.
This Certification was approved on the 23rd day of July 2001.
APPROVED:
BOARD OF UNTY COMMISSIONERS
WELD C TY, COLORADO
ATTEST: i/ .� �t� I /- 11 Ch fr
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Weld County Clerk to the
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BY: Zr-?""Li e %s'(• . ,i
Deputy Clerk to the Boar ,\ vTD,
Will H. Jerke
TAPE#2001-30
David E. Long
DOCKET#2001-49 EXCUSED DATE OF A PROVAL
Robert D. Masden
2001-1763
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF JULY, 2001:
DOCKET#2001-47 - BRETT AND MICHELLE BERNHARDT
DOCKET#2001-48 -JOHN AND ELEANOR HOCHMILLER, C/O JOHN HOCHMILLER, JR.
DOCKET#2001-49 - DENVER CANADIAN, C/O DANIEL OCHSNER
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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EXHIBIT INVENTORY CONTROL SHEET
Case S #588 - DENVER CANADIAN, LLC, CIO DANIEL OCHSNER
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 04/17/2001)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Completion of Conditions
(06/14/2001)
F. Public Works Staff Memorandum re: Inspection of access and
road improvements (05/09/2001)
G. Linda Pyeatt E-Mail of Opposition (07/17/2001)
H. Planning Staff Photo of sign posted on site
Planning Staff Memorandum from Public Works
(07/09/2001)
J. Lila and Ken Mayer E-Mail of Concern (07/17/2001)
K. Planning Staff Map
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