HomeMy WebLinkAbout20003150.tiff HEARING CERTIFICATION
DOCKET NO. 2000-78
RE: SUBSTANTIAL CHANGE HEARING#17 ON A PARCEL OF LAND WHICH PREVIOUSLY
HAD A LAND USE APPLICATION DENIED - SIEGRIST COMPANIES, C/O MICHAEL
SIEGRIST
A public hearing was conducted on January 10, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner Dave E. Long
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Mika
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 18, 2000, and duly published
December 21, 2000, in the South Weld Sun, a public hearing was conducted to consider the
request of Siegrist Companies, do Michael Siegrist, for Substantial Change Hearing #17 on a
parcel of land which previously had a Land Use Application denied. Lee Morrison, Assistant
County Attorney, made this a matter of record. Monica Mika, 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 gave a brief description of the location of the
site, and reviewed a summary of actions on this case. Ms. Mika stated the applicant presented the
Planning Commission with six elements they feel constitute a substantial change. The Planning
Commission forwarded this case to the Commissioners with a recommendation that there has been
a substantial change regarding one of the six issues presented as indicated in its Resolution. In
response to Commissioner Vaad, Ms. Mika indicated the proposed location for realignment of Weld
County Road 9.5, and explained the Board is not required to review the critical points of the
Change of Zone at this point, only determine if a substantial change has occurred. Ms. Mika
reviewed the criteria for finding a substantial change, and in response to Commissioner Vaad, she
stated if there is a substantial change,the applicant will submit a new application with the new plan.
Mr. Morrison added the issue of the roadway described by the Planning Commission falls under
criteria A.1 or A.2 of the Summary of Standards, marked Exhibit F. Responding to Chair Geile, Ms.
Mika stated the number of water taps discussed in the previous hearing was not presented to the
Planning Commission as a matter of substantial change. Responding further to Chair Geile, Frank
Hempen, Jr., Director of Public Works, stated the previous application did not reference Weld
County Road 9.5 as a collector road, therefore he considers this a major change. He stated this
area is rapidly being developed and there is a need to create some separation between 1-25 and
a parallel arterial designed to handle the new amounts of traffic. (Switched to Tape #2001-02.)
Mr. Hempen stated the original traffic report caused concern regarding congestion at the
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HEARING CERTIFICATION - SIEGRIST COMPANIES, C/O MICHAEL SIEGRIST (SCH #17)
PAGE 2
intersection of the Frontage Road and State Highway 66, and completion of Weld County Road 9.5
will address this issue. In response to Commissioner Vaad, Ms. Mika stated the map is incorrect
and should be changed from Weld County Road 24 to Weld County Road 28 and from Weld
County Road 22 to Weld County Road 26. Responding to Chair Geile, Ms. Mika indicated the
location of the South Weld County Administration Facility. She stated the property is designated
as"Regional Park" on the Structural Land Use Map which includes law enforcement facilities and
other types of governmental services. She further stated the County facility will have an impact on
the public amenities, but that has been anticipated for this area. In response to Mr. Morrison, Ms.
Mika indicated the location of the South Weld County Administration Offices on the overhead. The
Board reviewed a copy of the Structural Land Use Map 2.1, which Ms. Mika indicated will be
forwarded to the Clerk to the Board for inclusion in the record. Mr. Hempen stated the file includes
a document regarding concerns with placing Weld County Road 9.5 through this property due to
poor topography features and steep grades which would be difficult for traffic during inclement
weather. He stated staff has not received a formal engineering report; however, they are satisfied
the applicant's engineers can devise a solution for grading on Weld County Road 9.5 to satisfy
staff's concerns, and he would like evidence of such. Responding to Commissioner Jerke, Mr.
Hempen stated that although the roadway can be engineered to parallel 1-25 in design and grade,
it will be very costly.
Laverne Nelson represented the applicant and commended Weld County staff and the Planning
Commission for working with them to get the proposal to this point. Mr. Nelson stated the
development of this property was planned 20 years ago. He stated the applicant has extracted the
sand and gravel, there will be usable ponds for recreational purposes, and this development will
further enhance the area with a new community. Mr. Nelson stated the Change of Zone was
rejected and the process overall process has cost the applicant approximately$200,000.00,as well
as the additional cost to provide sanitary sewer service. He stated the total cost is expected to
exceed$500,000.00; however,the quality of the proposed development justifies going forward with
this request. Mr. Nelson stated the applicant has been instrumental in creating the sanitation
system which has been effective for several years, as well as promoting the Mixed Use
Development area which will contribute to orderly development in this area. He stated the applicant
is willing to provide the necessary right-of-way for Weld County Road 9.5, and the location
represents a substantial change. He further stated the Weld County Department of Public Works
suggested all effected property owners meet to propose the general location for the arterial road,
and they decided Road 9.5 is most appropriate extending from Highway 66 to the St. Vrain River.
Mr. Nelson stated the road location impacted the initial plan for the development. He stated the
applicant has been unwilling to provide expensive plans for the roadway until they are certain they
will be allowed to proceed with the design. He further stated the engineering reports will be
included in new filing for a Change of Zone, and added they feel the new design is appropriate and
feasible, and the roadway can be constructed regardless of the obstructions. In response to
Commissioner Vaad, Mr. Nelson stated he is not certain, but has heard some plans for extending
the road north of Highway 66 in the future. Mr. Nelson indicated the other properties which are
under consideration for development,and Mr. Morrison clarified those properties are located in the
East half of Section 26, the Northwest quarter of Section 25, and the plans for the Northwest
quarter of Section 26 are uncertain.
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HEARING CERTIFICATION - SIEGRIST COMPANIES, C/O MICHAEL SIEGRIST (SCH #17)
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Chair Geile recessed the hearing to 1:30 p.m. Upon reconvening, Ms. Mika responded to
Commissioner Long, by displaying overheads showing the previous proposal, current proposal,
proposed types of uses, and comparison charts, marked Exhibits 7, I, J, and K. Mr. Nelson
explained Weld County Road 9.5 used to be an internal road, and now will be a thoroughfare to
accommodate the Frontage Road. He stated as a principal road, the previously proposed
residential lots adjacent to the roadway will have different uses. Responding to Commissioner
Jerke, Ms. Mika stated there will be 227 acres of open space, most of which are water areas, or
in the Flood Plain and unbuildable. In response to Chair Geile, Mr. Nelson stated there has been
no discussion with the Little Thompson Water District since this matter was previously denied. He
stated the water will be pursued at the next step if the Board finds there has been a Substantial
Change. Responding further to Chair Geile, Mr. Nelson stated the placement of the new County
buildings has not affected the proposed uses within the River Dance development.
John Davis, surrounding property owner,stated he owns the site at the corner of I-25 and Highway
66, which previous testimony indicated uncertainty as to its future use. Mr. Davis stated he is in
the process of proposing a development on this parcel through Weld County. He stated the utilities
are in place, and the Siegrist frontage road will improve the Mixed Use Development area. Mr.
Davis requested the board allow this development to proceed because it will favorably impact the
entire area. He stated the applicants have been planning and designing the development for many
years and should be allowed to move forward. In response to Commissioner Vaad, Mr. Davis
stated his property has not been annexed by the Town of Mead, and he would rather development
through Weld County under the Mixed Use Development standards. There being no further
comments, Chair Geile closed public testimony.
In response to Chair Geile, Mr. Nelson stated he and the applicant have reviewed and agree with
the Conditions of Approval and Development Standards.
Commissioner Vaad moved to approve the request of Siegrist Companies, do Michael Siegrist,
for a Substantial Change on a parcel of land which previously had a Land Use Application denied,
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. He stated Weld
County Road 9.5 will create a substantial change in the number, size and use of lots. The motion
was seconded by Commissioner Jerke. Mr. Morrison clarified the full set of plat maps from the
previous Change of Zone were available for the Board's review; however, they were not used and
have not been included as part of the formal record. Mr. Morrison clarified the Board's motion finds
there is a substantial change; however,that finding does not determine the outcome of the Change
of Zone hearing. The motion carried unanimously.
2000-3150
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HEARING CERTIFICATION - SIEGRIST COMPANIES, C/O MICHAEL SIEGRIST (SCH #17)
PAGE 4
This Certification was approved on the 15th day of January 2001.
APPROVED:
BOARD OF COUN COMMISSIONERS
LW WELD COUNTY OLORADO
ATTEST: �/ ✓�,{f�� �� �%/v
1_, . J. Geil , Ch.ir
Weld County Clerk to the e+ar 1 '
18•61 �:11%
�� �c lenn Vaad, Pro-
BY: a r/ fi►u3 �/ _ / 4/ L-.-
Deputy Clerk to the Bvfr,lb l
m H. Jerke
TAPE #2001-01 and #2001-02 c a '
Davi E. Long
DOCKET #2000-78 J
Robert D. asden
2000-3150
PL1023
EXHIBIT INVENTORY CONTROL SHEET
Case SCH #17 - SIEGRIST COMPANIES
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 11/07/00)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter requesting Hearing Date (11/22/00)
F. County Attorney Standards for Review of SCH #17
G. Artie Elmquist Letter (E-Mail) of Opposition (01/08/2001)
H. Clerk to the Board E-Mail Response to Jim Helzer
(01/04/2001)
Planning Staff Overhead - Comparison Charts
J. Planning Staff Overhead - COZ map for Riverdance PUD
K. Planning Staff Vicinity Map
L. Planning Staff 1-25 MUD Structural Land Use Map 2.1
M.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF JANUARY, 2000:
DOCKET#2000-79 - JANET REAM
DOCKET#2000-80 - RICHARD AND PHYLLIS PODTBURG
DOCKET#2000-78 - SIEGRIST COMPANIES
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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