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HomeMy WebLinkAbout20002817.tiff HEARING CERTIFICATION DOCKET NO. 2000-73 RE: CHANGE OF ZONE #551 FROM THE A(AGRICULTURAL) ZONE DISTRICT TO A PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT-CECIL FARMS,CIO VERN CECIL A public hearing was conducted on December 6, 2000, at 10:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner M. J. Geile, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Glenn Vaad - EXCUSED Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Pam Smith Public Works representative, Diane Houghtailing The following business was transacted: I hereby certify that pursuant to a notice dated November 13, 2000, and duly published November 16, 2000, in the South Weld Sun, a public hearing was conducted to consider the request of Cecil Farms, do Vern Cecil, for Change of Zone #551 from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District. 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 unfavorable recommendation of the Planning Commission into the record as written. She stated the site includes 32.5 acres approximately one mile from the City of Greeley and the Town of Eaton. She further stated the site is not in an urban growth or governmental agreement area. Ms. Lockman stated there is a feedlot for 10,000 head of cattle on the adjacent property north of the site. She explained the original request was for five Planned Unit Development estate lots, however, the applicant has revised the request down to four lots, in response to comments and concerns voiced at the Planning Commission hearing. Ms. Lockman stated the Board of County Commissioners needs to determine whether the applicant has addressed the issues of building an agricultural structu•e upon the common open space. She further stated the Department of Public Works has determined the internal roadways meet the requirements of the Subdivision Ordinance, and she stated Condition of Approval 2.A.3 regarding extension of the roadway to the end of Lot 5 is no longer required, and Condition of Approval 2.C.1, should be revised to state four lots instead of five lots. Ms. Lockman stated eleven referral agencies reviewed this case, with ten responding favorably and the City of Greeley recommending denial since it does not comply with the policies and intent of it's Comprehensive Plan. She further stated the Planning Commission recommends denial due to incompatible uses of surrounding properties. Responding to Commissioner Vaad, Ms. Lockman stated the reason for the change to four lots was the applicant's attempt to provide more buffering between the residences and the feedlot. She stated there were a lot of concerns voiced at the Planning Commission Hearing and the applicant was responding to them. Responding to Commissioners Baxter and Vaad, Ms. Lockman stated the feedlot is the main concern, the other 20C 0-2817 / /24 � m PL1457 HEARING CERTIFICATION - CECIL FARMS, CIO VERN CECIL (COZ#551) PAGE 2 surrounding uses are agricultural. She reiterated Greeley recommended denial because it did not meet the policies of its Comprehensive Plan, even though the site is not in its Long Range Urban Growth Area. Responding to Commissioner Geile, Ms. Lockman explained the cash in lieu of open space for the school district will be addressed in the Final Plan, and the existing house is on Lot 1. Pam Smith, Weld County Department of Public Health and Environment, stated Cond tion of Approval#2.A.5 should be deleted to be dealt with it at Final Plan if approved by Commissioners. The new plot plan does show where the septic envelopes are, although revision may be necessary based on percolation rates. Todd Hodges,Todd Hodges Design, LLC,represented the applicant and stated the revised request does meet the Comprehensive Plan and other county requirements. He explained the design modification to four lots still meets the requirements, but was initiated by the applicant to respond to the concerns of surrounding property owners and Planning Commission members. He stated there are ten acres of open space, which is 31 percent of the modified design, and an evergreen tree buffer,which provides a buffer in space,as well as the straight line of evergreens. Mr. Hodges stated the feedlot to the north is not obtrusive, and a lot of the cattle cannot be seen while standing on the site. He said the modified design also addressed Department of Public Works ccncerns regarding access to Lot 5. Mr. Hodges stated the average lot size is 5.03 acres per lot, with an overall density of 8.1 acres per lot, which is very similar to other sites and Recorded Exemptions previously approved in the Agricultural District. He also stated the proposal is intended to be compatible in the Agricultural District, and stated it is less obtrusive than other Planned Unit Developments in Weld County. He stated it meets the intent of the Subdivision regulation:., since it is outside any urban growth boundary area. Mr. Hodges stated this proposal is no more intense than two Recorded Exemptions, and is very compatible in lot size and pointed out it is in close proximity to towns, as well as Pinnacle Park, which is less than one mile away. He stated this proposal allows efficient and orderly development in the county; has minimal water needs; the slopes on the site are not efficient for farming; the open space is not only a buffer, but would be in place for enjoyment of passive open space. Mr. Hodges stated when the feedlot was approved some of the subdivisions, such as Pinnacle Park, were already in place. He said the building envelopes were placed specifically because of soil types and the slopes on site and stated the site is not viable for farming, and it is not taking prime farm ground out of production. Mr. Hodges stated the infrastructure, including water, utilities, roadway,school bus stop, and fire hydrant would be of benefit to the entire neighborhood, and the details will be worked out in the amended Improvements Agreement. He stated this project would offer an alternative lifestyle to urban style living or large agricultural lots and the true intent of the applicant is to remain part of the agri:ultural community and it will be used for agricultural uses. Mr. Hodges stated it is in conformance with Planned Unit Development Change of Zone standards set forth in Section 6.4.4 of the Weld County PUD Ordinance. He also stated the applicant requests the Final Plan to be approved administratively. Responding to Commissioner Hall, Mr. Hodges stated the smallest lot is going to be 3.375 acres, and the largest is 6.6 acres, with anticipated uses to remain as pasture. He said the intert of the open space is to allow residents to maintain livestock, with the Homeowners' Association maintaining it. Responding further to Commissioner Hall, Mr. Hodges stated the site is I.of B of Recorded Exemption #2019, which was amended at Department of Planning Services staff direction. Commissioner Hall stated the main incompatibility concerns are regarding the feedlot 2000-2817 f'L1457 HEARING CERTIFICATION - CECIL FARMS, C/O VERN CECIL (COZ #551) PAGE 3 to the north, and that the visual impact is not always the biggest problem, usually the odcr, flies, and other nuisances are the main concerns. Mr. Hodges responded that as part of the approval process, the Right to Farm Covenant will be placed on the plat, as well as a note on the plat that the existing feedlot has the ability to operate and also apply for expansion. He also stated something could be placed in the covenants about pursuing the feedlot without justification if it is operating according to guidelines. Responding to Commissioner Geile, Mr. Hodges stated adequate water will be supplied by North Weld Water District. He stated there is an existing agreement for water taps for five lots, which needs to be reduced to three, and the one existing tap will be used. Responding further to Commissioner Geile, Mr. Hodges stated the applicant agrees to execute an agreement with the school district after the Change of Zone, and the common space is open for livestock shelters or shelters for grain or equipment, or similar uses for future landowners. When asked by Commissioner Geile how this proposal is consistent with A.Goal #7 in the Comprehensive Plan, Mr. Hodges stated this proposal is non-urban in nature, and is intended to be outside the Urban Growth Boundary area; he also stated there is existing criteria which is changing all the time, however; it tends to be more difficult to have future requests approved because of Density concerns. Mr. Hodges reiterated this does not open the floodgate because it is not urban in nature. Responding to Commissioner Baxter, Mr. Hodges stated current use of site is pasture with an existing home on Lot 1. There are farms to the west and the east, with some smaller lots which are residential. Pinnacle Park is directly south about 3/4 mile, and it is outside the Greele} Urban Growth Boundary by one mile. Chris Michael, adjacent property owner, stated he is south of Road 70, right to border of property. He stated the tree buffer is completely useless. He stated the prevailing wind blows right down from the feedlot onto the proposed residences, and future owners will have no idea of what it is like to live that close to a feedlot. He stated after the zoning has been changed, the applicant can go back to the Planning Commission and reduce the lot size, and go through the process and get more density approved. He stated his concern is that this will set a precedent and indicated the Comprehensive Plan says development should be placed where it already exists. Mr Michael stated the feedlot to the north is not the only feedlot within close proximity, there are four others within one-half mile. He also stated the residents have trouble with water pressure in the area. Responding to Commissioner Vaad, Mr. Michael located the four feedlots and his property on the area map. Sonny Schneider, Schneider Cattle, stated his family has owned their farm since 1933, and he has lived there since 1971. He explained he runs a commercial operation for 10,000 head or cattle, which was constructed in the 1970's and early 1980's. Mr. Schneider stated in 1998 he built the retaining pond, which is within 500 feet of the proposed site. He said the site is directly south of the feedlot, and the land north of and adjacent to the open space on the modified design is where feed is prepared and loaded, creating truck traffic and noise. Mr. Schneider stated dust is a problem and odor cannot be fully controlled. He indicated buffers will not solve nuisance problems, and stated within one mile there is Hardesty Dairy, the Barry Anderson feed yard, Leffler Brother feed yard,Ottoson Brothers feeding operation,Greg Montero which has two feed yards in the area, and Gary Williams feed yard, for a total of seven. Mr. Schneider stated he also farms the property to the south of this property and with Weld County Road 7 being a narrow dirt road, the three 20[0-2817 PL1457 HEARING CERTIFICATION - CECIL FARMS, C/O VERN CECIL (COZ#551) PAGE 4 additional families will cause problems, and that water is a concern, especially in the summer. Mr. Schneider stated he has two sons, one of which works with him, and indicated he is trying to preserve an agricultural future for them. Mr. Schneider also indicated the letter from John and Russell Leffler, which is Exhibit I. Responding to Commissioner Geile, Mr. Schneider stated the seven feedlots along with his, add up to 70,000 within one mile. Derrick Schneider, adjacent resident, stated he is 21 years old and he has been farming for six years. He explained he farms Chris Michael's farm, and that he farmed the proposed site six years ago, raising 35-bushel beans. Mr. Schneider indicated the site has not received fertilizer for four years,which is why the soil tests indicate poor soil, however, he knows the site is farmable because he has done it. On rebuttal, Mr. Hodges stated the applicant does have an agreement with North Weld District to provide water, and that if the water pressure is found to be inadequate for development, the developer will pay for the upgrade, which would benefit surrounding properties. He reiterated the agreement indicates the water district has the ability to service this site with four taps. Responding to Commissioner Baxter, Mr. Hodges stated the main improvement would be the addition of a hydrant. He indicated this project is compatible with existing surrounding lots, size, densty, and agricultural uses. Mr. Hodges also stated the properties are intended for agricultural uses,and that the numerous feedlots in the area indicates this area is well developed. He also stated the existing subdivisions show the feedlots are expected, but people want to live in agricultural communities. Responding to Commissioner Geile, Mr. Hodges stated the Lucas Lateral was relocated,and there is an easement placed on the plat by the surveyor for the maintenance of the tile replacement. Responding to Commissioner Hall, Mr. Morrison stated the lot is not available for sale until the Final Plan is available and the purchaser has knowledge of the plat, although that does not mean the purchaser sits down and goes over it. He stated it is on the plat and is available,whether they read it or not and that State law indicates that if the operation of a feedlot is non-negligent, there is no basis for bringing a nuisance act. Mr. Morrison stated the suggestion of Mr. Hodges to place something in the Covenants, would be of benefit. Nolan Ulmer, applicant, stated he lives in Lot 1, and that the proposed purchasers would know of the feedlot, also the real estate agent understands the problem. He indicated they have covered the basics in telling people about the feedlot, and he indicated a number of area residents moved in after the feedlot was in operation. He stated most of the feedlots are seasonal, so they are worked from fall to spring, and that most of the dust and flies are in summer. Mr. Ulmer stated this parcel ended up being more of a hassle than planned when trying to farm it, he said he has no problem with water pressure and can run three showers at one time, although he does have new lines. He also stated the 10,000 head feedlot is the maximum, although there is not normally 10,000 head present. Mr. Ulmer stated the dust and flies are not a serious problem and the road is more than adequate at the present time. Responding to Commissioner Baxter, Mr. Ulmer stated he has a letter from North Weld County Water District approving four additional taps; the water for agricultural uses would be from ditch which will be owned by the Homeowners Association. He also indicated he has not irrigated the land in two years. Responding to Chair Kirkmeyer, Don Carroll, Department of Public Works,indicated average traffic count on Weld County Road 70 between Weld County Road 33 to 35 was 189 in 1999 20C 0-2817 PL1457 HEARING CERTIFICATION - CECIL FARMS, C/O VERN CECIL (COZ #551) PAGE 5 Commissioner Vaad stated this application does not meet the requirements of Section 4.4.6.2 of the Planned Unit Development Ordinance states the application will conform with 20 Performance Standards, and that Section 2.2 requires buffering and screening to make the appearance and operation harmonious with the surrounding uses. He stated the buffering will not take care of the dust and other nuisance problems, and indicated Section 2.6 addresses the density, design and location being compatible with other uses within and adjoining the PUD, as well as the future development of the area,addressed in Section 6.3. Therefore,Commissioner Vaad moved to deny the request of Cecil Farms, c/o Vern Cecil,for Change of Zone#551 from the A(Agricultural)Zone District to a PUD(Planned Unit Development)Zone District, based on the recommendations of the Planning staff and the Planning Commission. The motion was seconded by Commissioner Geile, who stated he agrees with Commissioner Vaad's comments, as well as Section 6.4.4.6.3 of the PUD Ordinance, and A.Goal#7 of the Comprehensive Plan which protects agricultural land from encroachment of urban uses which hinder the operation, efficiency and productivity of the agricultural uses. Commissioner Geile further stated he did not hear testimony to establish how it would not be a hindrance to the feedlots in the area, and that even with the Right to Farm Covenant, or an addendum to real estate agreement, it will still bring forth conflicts and confrontations which could result in situations which would affect the ability of the Schneider Farm to operate. Commissioner Hall stated he will vote against the motion, since he does not find it incompatible with the area, and the issues have been adequately addressed. He stated it is somewhat buyer beware and three additional lots will not cause an additional burden to the area. Commissioner Baxter stated this type and density can occur next to agricultural uses; however, he is concerned about the future expansion possibilities of the feedlot combining into a cumulative effect which will cause the feedlot to be hindered in expansion plans. Chair Kirkmeyer stated she is also in favor of the motion, and added Sections 6.6.4.6.1 and 6.4.4.6.5 since there is no evidence indicated those issues have been addressed. The motion carried four to one, with Commissioner Hall voting against the motion. 20C0-2817 I'L1457 HEARING CERTIFICATION - CECIL FARMS, C/O VERN CECIL (COZ #551) PAGE 6 This Certification was approved on the 11th day of December 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS - �� / WELD COUNTY, COLORADO cr,, ✓Barbara J. Ki eydr, Chair J c:;iin. erk to the Board f/�-, (� M. J. ile, Pro-Tem-Clerk to tLd - ,7 `tj'e ' eorget. Baxter TAPE #2000-34 Dale K. Hall DOCKET #2000-73 EXCUSED Glenn Vaad 2000-2817 PL1457 EXHIBIT INVENTORY CONTROL SHEET Case COZ#551 - CECIL FARMS, CIO VERN CECIL 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 10/03/2000) D. Clerk to the Board Notice of Hearing E. Clerk to the Board Evidence of Mailing F. Applicant Letter requesting to proceed (10/27/2000) G. Daryl and Kathleen Ottoson Letter of opposition (09/15/2000) H. Applicant Letter and Map re: New Proposal (11/20/2000) I. John ad Russell leffler Letter (E-Mail) of Opposition (11/30/2000) J. Planning Staff Photo of sign posted on site K. Planning Staff Referral from Department of Public Works (11/27/2000) L. Todd Hodges Three overhead transparencies M. Todd Hodges Two maps N. — O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF DECEMBER, 2000: DOCKET#2000-67 - Ivan and Joanne Gilbaugh DOCKET #2000-73 - Cecil Farms, do Vern Cecil DOCKET#2000-71 - Michael Goss DOCKET#2000-72 - Terry Dye/Dyelands Dairy, LLC PLEASE legibly write or print your name and complete address and the DC CKET# (as listed above) or the name of the applicant of the hearing you are attending. 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