HomeMy WebLinkAbout20001353.tiff HEARING CERTIFICATION
DOCKET NO. 2000-31
RE: CHANGE OF ZONE #539 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) DISTRICT - KATHARINE OLIVER
A public hearing was conducted on July 12, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Anne Best Johnson
Health Department representative, Pam Smith
Public Works representative, Diane Houghtaling
The following business was transacted:
I hereby certify that pursuant to a notice dated June 19, 2000, and duly published June 22, 2000,
in the South Weld Sun, a public hearing was conducted to consider the request of Katharine Oliver
for Change of Zone#539 from A(Agricultural)Zone District to a PUD (Planned Unit Development)
District for 14 single family residential lots, Weld County Library District building site and open
space dedication, and civic use reservation. Lee Morrison, Assistant County Attorney, made this
a matter of record. Anne Best Johnson, 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. Johnson gave a brief description of the location of the site which will
be accessed from Weld County Road 5.5. She stated the proposal is in compliance with the Weld
County Comprehensive Plan, Mixed Use Development Standards, and Zoning Ordinance. Ms.
Johnson stated the proposal is compatible with surrounding uses, and the site will be serviced y
the Left Hand Water District and St. Vrain Sanitation District. She further stated the site is located
within the Flood Hazard area, and the applicant is proposing a 10-acre wetland area. Ms. Johnson
referred to a Memorandum, dated July 5, 2000 regarding proposed changes to the Conditions of
Approval. In response to Commissioner Geile, Ms. Johnson stated the Homeowners'Association
will be responsible for maintenance of the internal streets. Pam Smith, Department of public
Health and Environment, stated the first portion Condition of Approval #8 should be modified to
state, "In the event that five or more acres of the site are disturbed during construction and
development of this site..." Mr. Morrison indicated there are proposed changes to the Storm ✓Vaier
Regulations; however, he is not sure when they will become effective, and the applicant should oe
aware that the changes may require a permit for disturbance on less than five acres.
Bruce Hendee, BHA Design, Inc., represented the applicant and stated a majority of the Conditions
of Approval have already been addressed or resolved. Mr. Hendee stated the Homeowners'
Association for Phase One of Meadow Vale Farm will be extended to include the new residents of
Phase Two. He further stated that although the Storm Water regulations may be under
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HEARING CERTIFICATION - KATHARINE OLIVER (COZ #539)
PAGE 2
consideration, this development will disturb more than five acres, so they intend to apply for a
Storm Water Discharge Permit. Mr. Hendee stated the applicant has owned the site for
approximately 70 years, Weld County Road 5.5 has been widened and completed to be used for
access to this site, and there is an access between Phase One and Phase Two that leads to the
proposed library site. Mr. Hendee stated the 14 lots average approximately one-half acre in size,
the civic area may include a trail head within the St.Vrain Trail System,and approximately 10 acres
will be donated for use by the Weld County Library District. He further stated the homes will he
required to be at least 1,600 square-feet and will be serviced by the St.Vrain Sanitation District and
Left Hand Water District. Mr. Hendee stated the proposed trail on the south end of the
development will likely be moved to ensure that it is not on a slope or crossing the library site. The
other private trail goes along the lake and designating it as a public trail may be considered at final
plan. Mr. Hendee stated currently the site is lower than Weld County Road 5.5; however, during
development,the site will be graded and elevated above the flood plain. He further stated the pond
will be used for detention and during a storm event any overflow will run into the St. Vrain River.
Mr. Hendee stated the Right to Farm Covenant will be on the final plat,there will be a six-foot fence
on the north property line to buffer the sites from dairy to the north, and the applicant owns the
gravel quarry to the east, a majority of which has already been mined and reclaimed.
In response to Commissioner Vaad, Mr. Hendee stated Weld County Road 5.5 will have curb and
gutter. Floyd Oliver, co-applicant, stated there is a 54-inch storm sewer line that transports storm
water under Weld County Road 5.5 and empties into the wetland area, and drainage from the
internal streets and Weld County Road 5.5 will flow into the two reservoirs which overflow into tie
St. Vrain River. Mr. Oliver further stated the lakes will be deeded to the Homeowners'Association
for recreational uses and maintenance.
Responding to Commissioner Geile, Mr. Oliver stated there is a ditch that runs through the property
to serve the lakes and he owns several shares of water which will be used for irrigation; however,
potable water will be provided by the Left Hand Water District. He further stated he has donated
enough water for Phase 1; however, he is still negotiating with the Water District as to how much
more he needs for Phase Two since the Water District will only be providing potable water. Mr.
Hendee stated structures such as garden sheds or detached garages would be classified 3S
accessory structures,they will not conflict with the Mixed Use Development Area requirements.and
as the owners, they will determine what is or is not allowed prior to applying for building permits.
Mr. Oliver reiterated he and his wife are donating land to the Weld County Library District and he
has also offered to build the structure to prevent the land from remaining vacant while funds are
being raised.
No public testimony was offered concerning this matter.
Diane Houghtaling, Department of Public Works,stated the applicant will be responsible for placing
curb and gutter on the east side of Weld County Road 5.5, and she clarified the original Drainage
Plan showed the residences with walkouts that were below the road, therefore the applicant has
agreed to modify the FEMA maps.
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HEARING CERTIFICATION - KATHARINE OLIVER (COZ #539)
PAGE 3
Ms. Smith suggested Condition of Approval #8 be amended to state, "The applicant shall obtain
a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado
Department of Public Health and Environment if required." In response to Chair Kirkmeyer, Ms.
Smith stated Condition of Approval#10 is correct because Air Quality Control Regulation#1 states
"more than five." In response to Chair Kirkmeyer, Mr. Hendee stated he and the applicant have
reviewed and agree with the proposed Conditions of Approval and Development Standards,as well
as the discussed changes.
Commissioner Hall moved to approve the request of Katharine Oliver for Change of Zone #539
from A(Agricultural)Zone District to a PUD(Planned Unit Development)District for 14 single family
residential lots,Weld County Library District building site and open space dedication, and civic use
reservation, 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, with an
amendment to Condition of Approval #8 to state, "The applicant shall obtain a Storm Water
Discharge Permit from the Water Quality Control Division of the Colorado Department of Public
Health and Environment if required," add a new Condition of Approval #22.B to state. "The
realignment of Weld County Road 5.5 shall be recorded with the Weld County Clerk and Recorder."
add a new Condition of Approval #23.A to state, "The applicant shall submit a Conceptual
application for the Final Plat phase of the Planned Unit Development," add a new Condition of
Approval #23.B to state, "The portion of land under consideration as Meadow Vale Phase II. that
is also a part of Use by Special Review Permit #1199, shall be amended out of Use by Special
Review Permit#1199 prior to recording the Final Plat," and renumber all subsequent paragraphs.
The motion was seconded by Commissioner Vaad. He stated he appreciated the dedication of the
applicant to design a quality development in the southwest area of Weld County. The motion
carried unanimously.
This Certification was approved on the 17th day of July 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WF_D COUNTY, COLORADO
ATTEST: / --
JBarbara J. Kir - eyer, Chair
Weld County Clerk to the ',oa-� "d �'2 -
1861 r --
etQQ ' ' i.u►►` t e, Pro-Te
Deputy Clerk to the B � —.—
^� r - E. Baxter
TAPE #2000-19
Dale K. Hall
DOCKET #2000-31 uj /z yt _—
Glenn Vaad —
2000-1353
PL1010
EXHIBIT INVENTORY CONTROL SHEET
Case USR#539 - KATHARINE OLIVER (MEADOW VALE FARM, PHASE II)
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 04/18/200W
t
D. Clerk to the Board Notice of Hearing
E. Glen Droegemueller Letter and Deeds (05/24/2000)
F. Planning Staff Letter to Jennifer Torrey (05/12/2000) —
G. Planning Staff Fax with Comments to Floyd Oliver
(05/19/2000)
H. Planning Staff Fax including:
- Letter from Meadow Vale Farm
(05/19/2000)
- Letter from U.S. Postal Service
(05/17/2000)
- Exhibits A and B for Improvements
I. Planning Staff Fax including:
- Letter from Wester Mobile Denver
(10/19/1998)
- Letter from Hart Environmental
(12/10/1998)
- Letter from Colorado Division of Minerals
and Geology (12/17/1998)J. Planning Staff Memo re: Conditions of Approval
(07/05/2000)
K. Planning Staff Certification of sign posting (06/30200tj_
L. Planning Staff Letter from Mountain View Fire Protection
District (05/22/2000)
M. Planning Staff Memo from Weld Library District
(06/13/2000)
N. Planning Staff Letter from King Surveyors, Inc.
(05/22/2000)
O. --
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF JULY, 2000:
DOCKET#2000-31 - KATHARINE OLIVER, C/O BHA DESIGN, INC.
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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