HomeMy WebLinkAbout20012801.tiff HEARING CERTIFICATION
DOCKET NO. 2001-65
RE: CHANGE OF ZONE#557 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO CREATE 38 LOTS WITH
RESIDENTIAL USES AND 32.12 ACRES OF OPEN SPACE -COLORADO ELK RANCH,
LLLP
A public hearing was conducted on October 31, 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
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated August 31, 2001, and duly published September 5,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted on September 26, 2001,
to consider the request of Colorado Elk Ranch, LLLP, for Change of Zone #557 from the
A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District to create 38 lots
with residential uses and 32.12 acres of open space. At said hearing the Board deemed it
advisable to accept the request of the applicant to continue this matter to October 31, 2001, due
to a family emergency of the applicant's representative. Bruce Barker,County Attorney, made this
a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary
of the proposal and entered the unfavorable recommendation of the Planning Commission into the
record as written. Mr. Gathman stated the applicant is requesting a waiver from the minimum lot
size requirement of 2.5 acres. Lot sizes range from one to 2.3 acres. He gave a brief description
of the location of the site, and stated the Town of Ault indicated no conflicts with its interests. He
further stated the Town of Ault and Weld County are working on an Intergovernmental Agreement
(IGA), and if approved, this parcel would be within the IGA boundary. He stated the development
will be serviced by the North Weld County Water District for drinking water and fire protection, and
the wells will be used for irrigation purposes only. Mr. Gathman stated the Department of Public
Works initially requested a left turn lane from Highway 14. However, the Colorado Department of
Transportation (CDOT) will not be requiring said turn lane, so Condition of Approval #4.1 can be
deleted. Mr. Gathman further stated the applicant has provided specific information about how the
open space is to be used, and if approved, he requested the Final Plan be administratively
reviewed. In response to Commissioner Vaad, Mr. Gathman stated reason of denial #1.A of the
Planning Commission Resolution should have been corrected to remove the reference to Chapter
26 MUD (Mixed Use Development) because this proposal is not in the MUD area. Responding to
Chair Geile, Mr. Gathman stated Condition of Approval #4.G should be amended to replace the
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Mountain View Fire Protection District, with the Ault-Pierce Fire Department. In response to
Commissioner Vaad, Mr. Gathman stated the applicant submitted revised plans prior to the
Planning Commission hearing which addressed the concerns expressed by the Department of
Public Health and Environment. He referred to his Memorandum, marked Exhibit W, proposing
changes to the Draft Resolution.
In response to Commissioner Vaad, Pam Smith, Department of Public Health and Environment,
stated perk tests were performed and most of the sites are suitable for conventional septic
systems. She stated there are a couple of lots that did not meet the setback requirements;
however, that was later addressed by combining several septic envelopes and relocating them.
Drew Scheltinga, Department of Public Works, stated he was initially concerned with the need for
a left-turn lane from Highway 14; however, the applicant submitted additional information from
CDOT which clarified that a left-turn lane was not warranted based on current traffic patterns, so
Condition of Approval #4.1 can be deleted. In response to Chair Geile, Mr. Scheltinga stated the
internal roads of the subdivision will be paved, and if designed to County standards, they will then
be accepted for maintenance. He further stated the applicant has submitted a traffic plan.
Responding to Chair Geile, Ms. Smith stated the applicant will need to apply for a Storm Water
Drainage Discharge Permit from the State. Mr. Gathman stated the City of Thornton owns a lot
of property surrounding this parcel, and has not yet signed off on the issues regarding the Cross
Cut Lateral Ditch. He further stated he is not aware of a gas well on the property; however, the
applicant does own all of the mineral rights.
Commissioner Long commented the Board of Commissioners has received numerous comments
regarding the process for continuing land use cases and the burden placed on the surrounding
property owner. He stated the Board is in the process of reviewing the procedure, and is
considering a renotification process, with the additional costs being passed on to the applicant.
Rick Hansen, Manger of Stark Farm, gave a brief description of his background and qualifications.
He stated this plan is consistent with the surrounding area and he submitted a brochure, marked
Exhibit Q. Mikal Torgerson, M.Torgerson Architects, PC,represented the applicant and stated this
development will be a nice addition to the Town of Ault. He stated the site is located within Ault's
Urban Growth Boundary area,and he indicated the locations of nearby residences and surrounding
uses. Mr. Torgerson stated the Cross Cut Lateral Ditch bisects the property creating Outlot A,
which is not part of this application. He stated this will be a cluster development, and 34 percent
of the acreage will be open space planted in dryland grasses with trails. Mr. Torgerson stated the
overall density of the proposal will be 2.35 acres per lot, and the minimum lot size is one acre. He
further stated the private road will be upgraded to public standards; however, it will be maintained
by the Homeowners' Association. He stated the homes will be served by public water, and the
building envelopes will be along the road providing adequate room at the rear of each lot for septic
system envelopes. Mr. Torgerson stated the Cross Cut Lateral Ditch Company requested an
access easement for the ditch rider, as well as fencing, all of which has been agreed to. In
response to Chair Geile, Mr. Torgerson stated there is an agreement with the City of Thornton.
Responding to Commissioners Vaad and Jerke, Mr.Torgerson indicated the town boundary,which
is not contiguous to this project, and the locations of various feedlots in close proximity to the
proposal. He stated the closest house is approximately 1,200 feet away, and it is located on the
feedlot permitted for 4,000 head of cattle. He reiterated the internal roads will be designed to
County standards and maintained by the Homeowners'Association. Responding to Commissioner
Masden, Mr.Torgerson stated the open space will be maintained by the Homeowners'Association
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and planted in dryland grasses, a well will be used for irrigation, and noxious weeds will be
controlled. He further stated all of these issues are covered in the Covenants. Responding to
Commissioner Long,Mr.Torgerson stated the Covenants also address septic system maintenance.
Lucia Liley, attorney, represented the applicant and stated many of the issues of concern have
been addressed since the Planning Commission hearing. Ms. Liley submitted a packet of
information, marked Exhibit N, and stated this proposal is for a 38-lot cluster development. She
stated this area is designated as residential by the Town of Ault's Comprehensive Plan, which
allows one housing unit per acre in an urban density. She reiterated the site is within Ault's Urban
Growth Boundary area, and she referred to various correspondence, included in Exhibit N,
clarifying Ault's intent for this area. Ms. Liley referred to a petition signed by various business
owners indicating their support of this proposal. She stated there are surrounding properties
owned by the City of Thornton, and the future use for those sites is undetermined. Ms. Liley
referred to Section 22-2-80.D of the Weld County Code,which she read for the record. She stated
the IGA under consideration encourages towns to define the uses within the designated areas to
be used as a guideline by the County when considering development within those defined areas.
In response to Commissioner Vaad, Ms. Liley stated they called the Town Clerk who indicated
Mayor Stan Cass signed the IGA in August 2001. She agreed that urban development should be
limited to appropriate areas, and although this site is designated as prime agricultural property,
farming would not be economically viable. She stated silage odors were detected on the site from
the feedlot permitted under Use by Special Review Permit #744. She stated the residence,
landscaping, and surrounding crops on that site provide moderate screening, and she feels this
proposal is a good transitional project from the Town of Ault into the agricultural area. Ms. Liley
stated the applicant is willing to include notice of the surrounding uses in each purchase
agreement, and there will be a note on the plat which will be found in any title search. She stated
the site will be served by the North Weld County Water District and the concerns of the Division
of Water Resources and Weld County Department of Public Health and Environment have been
addressed. She further stated the proposal exceeds the 15 percent open space requirement and
the open space will be commonly owned and perpetually maintained by the homeowners. Ms. Liley
stated School District RE-9 opted to accept a cash-in-lieu amount, the traffic study has been
completed, the streets will be paved and paid for by the developer, the streets will be privately
maintained by the Homeowners'Association, and curb and gutter is not proposed. She stated the
IGA allows for permitted septic systems which is consistent with the annexation requirements of
the Town of Ault. Ms. Liley noted the overall density of the development is 2.34, which does not
meet the Weld county Health Department policy. She requested this requirement be waived if
engineered systems are found to adequately address any concerns. She stated if not accepted,
the applicant will be forced to reconfigure the development and will lose two to four lots. Ms. Liley
stated the Covenants were not completed at the Planning Commission hearing because they are
not required until the Final Plan; however, they have since completed a draft of the Covenants,
which she reviewed for the record. In response to Chair Geile, Ms. Liley stated she works for a law
office in Fort Collins.
Mr. Hansen stated he started this process three years ago and at that time the Town of Ault was
not interested in annexing the property. He stated he has met all of the requirements of the County
and the Town of Ault, and he has worked to mitigate the concerns of the Ditch Company and
surrounding property owners. In response to CommissionerJerke, Mr. Hansen stated if his request
is approved he will sell the lots to custom builders and the lots will range in price from $55,000 to
$90,000. He further stated the final cost of homes will average $190,000 to $300,000.
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Chair Geile read a portion of the letter, dated May 15, 2001, from the Mayor of Ault. Chair Geile
commented any proposal within an IGA is referred to the respective town which has seven months
for consideration. He stated if it comes back to the County, the Board must also consider the
reasons for denial as indicated by the town. Ms. Liley stated the annexation of this property has
not been to a hearing or public vote. Mr. Hansen explained the property is not eligible for
annexation because it is not contiguous to the town. Mr. Hansen stated he will sell the lots with an
addendum to the contract which spells out the details and conditions of the sale.
Responding to Chair Geile,Jim Kienholz,Consulting Scientists and Engineers,stated when he took
his odor measurements, it was calm and sunny. He further stated it was 71 degrees, and he only
detected an odor from silage. In response to Chair Geile, Pam Smith stated she has not personally
received any odor complaints concerning the feedlot.
Dennis Struhm, surrounding property owner, stated he lives at the feedlot and he indicated the
locations of other feed lots in the area. Mr. Struhm stated there are smells generated by the
surrounding feed lots during poor weather conditions, and he added the site is subject to flooding
under certain conditions. He stated he does not store silage on his feedlot, and he expressed
concern with creating a hardship on the agricultural operations in the area in obtaining crop-dusting
services. Mr. Struhm stated the feedlot has been there for 41 years, and he does a good job of
keeping the site clean; however, he is concerned with neighbors complaining when odors or flies
are present under certain circumstances. In response to Chair Geile, Mr. Struhm indicated the
location of his home,the 4,000-head feedlot,the Isaacson Feedlot to the north,and the feedlot and
silage pit to the south.
Mike Wolfe, surrounding property owner to the north, stated Mr. Struhm also keeps cattle in his
corrals which are located directly across the road to the north. Mr. Wolfe stated this is an
agricultural area which will be negatively impacted. He stated the subject site is good farmland if
water is available; however, it is currently covered with weeds and eroded soil. He further stated
agricultural equipment is transported along Weld County Road 84 which is a narrow, gravel road.
He expressed concern with the potential for conflicts with the new residential traffic,and complaints
regarding the existing operations which need to spray weeds and burn ditches on a regular basis.
Mr. Wolfe supported previous comments that the applicant's property floods.
James Rohn, surrounding property owner, stated he is also speaking on behalf of surrounding
property owner, Bill Porte'. Mr. Rohn stated this area is listed as open range for grazing of animals,
and he expressed concern with additional traffic at the intersection of Weld County Road 37 and
Highway 14. He expressed concern with the enforcement of the Covenants and requested a
representative from surrounding areas be appointed to the Covenant Board. Mr. Rohn stated that
although the development may contribute to the needs of the local school system, and provide
additional revenue for the business in the Town of Ault, he feels the law enforcement and fire
protection services will be negatively impacted. Mr. Rohn stated he is not opposed to growth;
however, it should extend from the town boundaries and this proposal is not contiguous to the
Town of Ault. In response to Commissioner Jerke, Mr. Rohn stated he did sign the petition in favor
of the proposal because he does feel that growth will benefit the town; however, this is not an
appropriate location for this development. Responding to Chair Geile, Mr. Barker stated the Right
to Farm statement is set forth in the Weld County Comprehensive Plan; however, it does not
provide enforceable protection for surrounding residents. He explained it does provide a notice to
the future residents as to what activities exist in the area. He stated a State statute was recently
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amended to include greater protections and exemptions for nuisance operations. In response to
Commissioner Vaad, Mr. Gathman stated a referral was sent to the Ault-Pierce Fire Department
and a response was not received; however, it is his understanding that a fire hydrant will be
required for this development. Chair Geile commented the provisions of the Uniform Fire Code
need to be clarified as to what may be required. Commissioner Jerke commented this application
is for a Change of Zone, and if approved, and Final Plan process can include specifics such as fire
hydrants. Mr. Rohn expressed concern with the two accesses only a short distance apart and
located on a hill.
Responding to Commissioner Vaad, Mike Wolfe, stated the site originally had water; however,the
water rights have been removed with the exception of surface irrigation wells. He further stated
the site has been less productive without adequate water resources.
Chair Geile recessed the hearing until 1:00 p.m. Upon reconvening, Don Rohn, surrounding
property owner, stated he has lived in the area for 37 years, and he operates a farm and raises
cattle and other livestock. He expressed concern with the Cross Cut Lateral Ditch posing a hazard
for new children in the area. He stated the site is currently covered with weeds and eroded soil,
which blow and block his irrigation headgate.
Monty Morgan, surrounding property owner, stated he owns an agricultural business in Ault, and
lives on a 2.5-acre parcel which was created through a Recorded Exemption and purchased from
Mr. Hansen in 1999. Mr. Morgan expressed concern with the lack of renotification when a land use
matter is continued. He stated this development will not benefit the neighborhood or town, but it
will result in increased taxes for the current residents in the area. He further stated Weld County
is an agricultural County, this is an agricultural neighborhood, and there will be a conflict between
the existing uses and the new residents. He stated the odor test was done on a calm day and does
not give a true representation of the conditions.
Tom Haren,AgPro Environmental Services,LLC,represented the Producers Livestock Feedlot and
Buckeye Feedlot, both of which are opposed to this proposal. He stated dairies are typically
discouraged from locating in a residential area, and this development should not be allowed in an
agricultural neighborhood. He stated the Right to Farm statement is not legally enforceable, rather
it is a guidance and notification to new residents, and he added any dust and odor complaints will
be received by County staff. Mr. Haren stated the Covenants do acknowledge the existence of Use
by Special Review Permit (USR) #744; however, it does not mention the other Use by Right
feedlots which also have the right to expand. He stated the timing is not right and there are still
many issues that need to be addressed. In response to Chair Geile, Mr. Haren stated USR#744
has to follow the Confined Animal Feeding Operations (CAFO) Control Regulations for flies,
manure, etc., but odor is regulated by the local Health Department. Mr. Haren stated a site is
allowed to have dust and flies as long as the operation is not being negligent. Responding to
Commissioner Vaad, Mr. Haren stated Producers Livestock purchased the site last year and they
are working to improve the conditions and bring the site up-to-date with current technology. He
further stated there has been runoff from the feedlot in the past; however, the new improvements
should correct that problem.
Anne White, surrounding property owner, stated she is a Real Estate agent with the Group, Inc.
Ms. White stated the lots in the proposed development are ideal for those looking for small rural
lots. She stated it is in a good location and compatible with agricultural uses. Ms.White stated the
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Isaacson property is proposed to be split into two 80-acre parcels and the property north of Mr.
Struhm's land was recently sold. Ms. White stated this development will provide an economic
benefit for the Town of Ault.
Stan Cass, Mayor for Town of Ault,stated the Town is not interested in annexing this property until
other annexations are completed and developed and it becomes contiguous with the town
boundary. He stated the Town does not want to furnish public sewer due to elevation problems,
and the septic systems are compatible with the Town's Comprehensive Plan for that area. He
stated the Town does not have an issue with paved streets without curb and gutter, and the area
is already protected by the Ault-Pierce Fire Department. Mr. Cass stated police protection will not
be provided until the property is annexed, and the schools will receive $759.00 for each home. In
response to Commissioner Vaad, Mr. Cass stated the Fire Protection District does not have a large
hauling capacity, therefore, the developer will likely be required to install fire hydrants. He added
the North Weld County Water District does have the capacity to install fire hydrants in this area.
In response to Chair Geile, Mr. Cass stated even if the IGA were executed and in place, the Town
would not have annexed this property. He stated if approved, the proposal will be compatible with
the Town's plans for this area and they will consider annexation when it is appropriate. There being
no further comments, Chair Geile closed public testimony.
Ms. Liley stated the lots will range from one to 2.3 acres in size, there is limited traffic on Weld
County Road 84, Weld County Road 37 is paved, and the internal roads will be built to County
standards. Ms. Liley submitted a letter from the Ault-Pierce Fire Department, dated September 5,
2000, marked Exhibit V, which indicates a fire hydrant will be required. She stated the property
was leased to a farmer last year which resulted in management problems, so the applicant
terminated the lease and now leases the land to Bruce Griffith. She further stated the neighbors
were paid for any damages they incurred.
Bruce Griffith, stated the land is currently planted with a dryland mix because without adequate
water resources the land is not very productive. He further stated the dryland crops have not been
very productive.
Ms. Liley stated this property will have one adjudicated well, and Outlot A will have two wells. She
stated there are five neighbors who signed a petition in favor of the proposal, a preliminary
stormwater report has been completed, and there will be a retention pond located across the road
from Mr.Wolfe's property to address flooding issues. Ms. Liley read the addendum to the contract
for the Morgan property noting plans for the current proposal, and she stated one of the Use by
Right feedlots is located directly across from the proposed access. She referred to similar types
of proposals in close proximity to animal confinement operations,which have not experienced any
problems. Ms. Liley stated several of the large parcels in this area are owned by the City of
Thornton, and there is potential for development at those sites. She further stated this property is
within Ault's Urban Growth Boundary, and only one-half mile from the Town. She stated the
proposal is consistent with the proposed IGA,will be a good transitional use,will have a low density
of clustered homes, 36 percent of the site will be designated as open space, and the applicant has
already mitigated many of the incompatibilities. Ms. Liley stated there may be impacts in the future;
however, this is a good location for long-term logical growth around the Town of Ault.
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In response to Commissioner Jerke, Mr. Hansen stated Sheep Draw is located near a similar
development and has approximately 100,000 animal units. Ms. Liley explained the applicant owns
the entire 160-acre parcel, which is divided by the Cross Cut Lateral Ditch. She stated the
application originally proposed two phases, one on this 89-acre site and one on Outlot A. She
confirmed that Outlot A is not part of this proposal, and any future development will require a
separate permitting process. Mr. Gathman stated Outlot A will remain in agricultural production.
Mr. Barker stated if this application is approved, the Resolution should designate the meets and
bounds of the property to avoid any confusion as to what is under consideration. In response to
Chair Geile, Mr. Hansen stated he would be interested in annexation when the Town feels it is
appropriate. Ms. Liley stated they are willing to enter an annexation agreement as a Condition of
Approval.
Responding to Commissioner Long, Mr. Scheltinga expressed concern with some of the factors
of the preliminary drainage report. He stated there are drainage problems in this area, which will
need to be addressed at Final Plan if this proposal is approved. He further stated off-site
improvements may be required to correct the situation. (Switched to Tape #2001-48.)
Jade Miller, Civil Engineer, stated he visited the site in January and observed that the area north
of Weld County Road 84 does not drain onto this site because there is no culvert under the road.
Mr. Miller stated the property east of the site does drain toward this site; however, they propose to
place a detention pond to hold any water and then release it at historic rates. He confirmed they
will address all of the drainage issues in the final design. Responding to Commissioner Long, Mr.
Miller stated the detention pond will likely be located in the northeast corner of the site. He added
there will be limited areas of paving and rooftops so there should not be an excess of stormwater
runoff. In response to Chair Geile, Mr. Barker stated the property owner is responsible for
accommodating the existing drainage to maintain the historic flow, which will likely be addressed
by construction of the detention pond. Mr. Gathman stated Condition of Approval #4.J requires a
revised drainage study to be submitted with the Final Plan. Mr. Miller stated the findings of the
revised study will incorporate historic rainfall amounts and they will use whatever means necessary
to address the existing drainage problems.
Ms. Liley stated Condition of Approval #4.H has been addressed, and Mr. Scheltinga concurred
that it can be deleted. In response to Chair Geile, Ms. Liley stated she and the applicant have
reviewed and agree with the Conditions of Approval and Development Standards as proposed and
discussed.
Mr. Scheltinga requested language be added to the Covenants to allow the County to assess costs
to the homeowners if the maintenance is inadequate. Mr. Barker stated Condition of Approval#5.C
provides that the Covenants will be reviewed by the County Attorney's Office, and he is not certain
the County has the ability to assess costs to the lots. He added that issue can be addressed later
and he is willing to work with the applicant regarding the matter. Responding to Commissioner
Jerke, Mr. Barker stated the final Covenants will be submitted at the Final Plan stage, which is
proposed to be reviewed administratively. He clarified the County is not required to take over road
maintenance and the Covenants cannot be altered without County approval. Commissioner Jerke
commented the interior roads will be the responsibility of the Homeowners'Association and he is
not in favor of the County getting involved even if the costs could be assessed to the homeowners.
Ms. Smith stated she has not been provided with a Maintenance Agreement, and would like to
review the Covenants Maintenance Plan prior to recording the plat. She clarified Section 27-2-140
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of the Weld County Code requires an overall density of 2.5 acres for septic systems. Mr. Gathman
clarified that this development exceeds nine lots and is therefore considered to be an urban scale
development. Ms. Smith requested Condition of Approval #5.E be added to state, "The final
covenants shall be reviewed and approved by Weld County Department of Public Health and
Environment, with respect to maintenance of the septic systems."
Commissioner Jerke stated he is in favor of this proposal because it is in close proximity to the
Town of Ault. He commented he personally did a similar proposal in an agricultural area, which
has been very successful. He stated the area will provide a good transition between the town and
rural areas,and it is likely the new residents will be from the surrounding area and familiar with rural
living. Commissioner Jerke commented there may be some complaints; however, he feels it will
be easy to mitigate the concerns that have been expressed. He stated the Town of Ault is
experiencing growth, these will be nice homes, and the new residents will likely be very good
neighbors.
Commissioner Vaad stated he is in favor of this proposal and the comments made by Mayor Cass
were very influential in his decision. He stated there is an Intergovernmental Agreement in
process,and the applicant has made a good-faith effort to address the concerns as required under
the Planned Unit Development portion of the Weld County Code. Commissioner Vaad commented
that although he realizes and understands the concerns expressed by the neighbors, he feels this
will be a good transitional development, located near the Town of Ault. He further stated it is within
Ault's Urban Growth Boundary area, it is consistent with the Town's Comprehensive Plan, and the
only reason annexation was discouraged was that the site is not yet contiguous.
Commissioner Masden stated he supports the application although he understands the concerns
of the neighbors in the area. He stated the applicant has done a lot to try and mitigate the
concerns expressed by all involved. He further stated the new residents will be notified of the
surrounding uses.
Commissioner Long expressed concern with waiving the overall density requirements for septic
systems, and he does not feel the timing is right for this proposal. He stated he is not in support
of this application.
Chair Geile reviewed the reasons for denial as stated by the Planning Commission. He stated the
proposal is consistent with Sections 27-6-120.D.5.a and 22-2-60.C.2.a of the Weld County Code
because there is an Intergovernmental Agreement being processed, which will soon be adopted.
He further stated the site is within the Town of Ault's Urban Growth Boundary area and the
applicant has agreed to pursue annexation once the site is contiguous to the Town. Chair Geile
commented the public testimony indicated this land is not prime and it would be difficult to get it
back to prime condition without additional water. He stated the proposal is consistent with
Section 27-6-40.B.2 because the applicant will include the Right to Farm statement on the plat to
provide notice to potential buyers that this development is in an agricultural area involving dust,
odor, flies, etc. He stated the overall lot size does not comply with the minimum of 2.5 acres;
however, he feels the proposal does comply with Section 27-6-120.D.5.d because the septic
systems and management plan will be reviewed by the Department of Public Health and
Environment to ensure all engineering concerns are addressed prior to recording the plat. He
further stated the septic systems will be reviewed on an annual basis, and there is a development
adjacent to this site, so annexation will be forthcoming. Chair Geile stated there is also evidence
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of an adequate water supply from the North Weld County Water District. He stated the applicant
has addressed the concerns of the Department of Public Works, therefore, the proposal is in
compliance with Section 27-6-120.D.5.e
Chair Geile reviewed the proposed changes from staff as indicated in Exhibit W, and stated the
Department of Public Works has agreed that Conditions of Approval #4.1 and #4.H are no longer
necessary and can be deleted. Mr. Barker suggested the applicant provide an annexation
agreement with the application for the final plan, when there is a more specific time frame as to
when annexation would be appropriate. To accomplish this he suggested adding Condition of
Approval #3.B to state, "The applicant shall contact the Town of Ault to determine whether the
Town is willing to enter into an annexation agreement with the applicant, or receive annexation
petition(s), for the future annexation of the entire subject property." In response to Commissioner
Vaad, Chair Geile stated the applicant/sellerwill be required to disclose that there is an annexation
agreement. Mr. Barker added the agreement will obligate future property owners to annexation,
so they need to be notified. Mr. Gathman noted this is a Change of Zone application and the
applicant still has the opportunity to modify the plan to allow for an overall density of 2.5 acres if
required by the Health Department. Chair Geile commented the modification would result in the
loss of a couple lots.
Commissioner Vaad moved to approve the request of Colorado Elk Ranch, LLLP, for Change of
Zone #557 from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District to create 38 lots with residential uses and 32.12 acres of open space, based on the findings
as previously described by Chair Geile. He stated the proposal is consistent with the
Intergovernmental Agreement currently under consideration, as well as the Planned Unit
Development Chapter of the Weld County Code. He further stated the proposal is compatible with
the Comprehensive Plan of the Town of Ault, and the lots will be serviced by an adequate water
supply and individual sewage disposal systems as approved by the Weld County Department of
Public Health and Environment. Commissioner Vaad stated the access and streets are adequate
to meet the proposed capacity,and the site does not lie within any overlay districts. Commissioner
Vaad's motion also included deleting Condition of Approval#2.G.3, replacing the language under
Condition of Approval#2.G.6 to state,"The term"Outlot A"shall be removed from the parcel to the
south of the Cross-Cut Lateral Ditch and shall be replaced with "not included in this PUD,"
amending Condition of Approval #2.H.20 to replace the word "compiling" with "complying,"
amending Condition of Approval#4.G to replace"Mountain View Fire Protection District"with"Ault-
Pierce Fire Department," adding Condition of Approval#5.D to state, "The applicant shall provide
evidence to the Department of Planning Services that the Plant Investment Fee portion of the"Tap
Fee" and engineering fee have been paid per the applicant's agreement with the North Weld
County Water District,"adding Condition of Approval#5.E to state, "The Final Covenants shall be
reviewed and approved by Weld County Department of Public Health and Environment, with
respect to maintenance of the septic systems," deleting Conditions of Approval #4.H and #4.1,
adding Condition of Approval #3.B to state, "The applicant shall contact the Town of Ault to
determine whether the Town is willing to enter into an annexation agreement with the applicant, or
receive annexation petition(s), for the future annexation of the entire subject property," and
renumbering or relettering as appropriate. The motion was seconded by CommissionerJerke,and
it carried, with Commissioner Long opposed. There being no further discussion, the hearing was
completed at 2:50 a.m.
2001-2801
PL1548
HEARING CERTIFICATION - COLORADO ELK RANCH, LLLP (COZ#557)
PAGE 10
This Certification was approved on the 5th day of November 2001.
APPROVED:
BOARD OF UNTY COMMISSIONERS
� WELD CO TY, COLORADO
ATTEST: A ��'I/►i� % �� 7eile,
"
E IL�a Chair
Weld County Clerk to the ar.
1861 f, lenn Vaad, ro-
BY: , ,
Deputy Clerk to the B A� /+ �^�
�( ��� Wil ' H. J rke
TAPE #2001-47 and #2001-48 Oi,
avi . Long
DOCKET#2001-65
Robert D. Masden
2001-2801
PL1548
EXHIBIT INVENTORY CONTROL SHEET
Case USR#557 - COLORADO ELK RANCH, LLLP
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 06/05/2001)
D. Clerk to the Board Notice of Hearing
E. City of Thornton Letter re: Cross Cut Lateral issues
(07/03/2001)
F. Office of the State Engineer Letter re: Water Supply (07/30/2001)
G. Applicant Letter responding to letter from Cross Cut
Lateral Ditch Company (08/23/2001)
H. Applicant Letter requesting to proceed (08/31/2001)
I. Applicant Presentation Package (09/24/2001)
J. Applicant Letter requesting continuance (09/25/2001)
K. Planning Staff Memorandum re: proposed revisions
(09/26/01)
L. Planning Staff Letter from Town of Ault (06/28/2001)
M. Applicant Traffic Impact Study
N. Applicant Presentation Package (10/31/2001)
O. Planning Staff Memo from Health Staff (09/18/2001)
P. Planning Staff Memo from Public Works State
(10/26/2001)
Q. Applicant Brochure and Photo
R. Applicant Map
S. Applicant Sketch Plat
T. Applicant Sketch Plat
U. Applicant Sketch Plat
V. Applicant Letter from Ault-Pierce Fire Department
(09/05/2001)
W. Planning Staff Memo with recommended revisions
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF OCTOBER, 2001:
DOCKET#2001-65 - Colorado Elk Ranch, LLLP
DOCKET#2001.76 - Hoskins Construction, c/o David Hoskins
DOCKET#2001-77 - James Wrenfrow/Saturn Towing
DOCKET#2001-78 -Asphalt Paving Company
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
r-1 y>ro M Dr/ 12-410h
/o901 .ei Vet' 2 ./{- Ac.,, / 3 3 7-Ac,zo R ; L-AS e--v ECG as
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF OCTOBER, 2001:
DOCKET#2001-65 - Colorado Elk Ranch, LLLP
DOCKET#2001-76 - Hoskins Construction, do David Hoskins
DOCKET#2001-77 -James Wrenfrow/Saturn Towing
DOCKET#2001-78 -Asphalt Paving Company
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
11'I uAl, ?� IZA vA0 / 223 NOzI K LOLL�U�%� cctZ 1 6 z/n4, to P05 CAP
01,47 1/05-27 tvc-ig 37 nal GO 40'‘,/o
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