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Home My WebLink About20002728.tiff HEARING CERTIFICATION DOCKET NO. 2000-56 RE: CHANGE OF ZONE#542 FROM A(AGRICULTURAL) ZONE DISTRICT TO E (ESTATE) ZONE DISTRICT FOR A FIVE (5) LOT MINOR SUBDIVISION - HARLAN SCHULTZ A public hearing was conducted on October 25, 2000, at 10:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair- EXCUSED Commissioner M. J. Geile, Pro-Tem 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, Kim Ogle Health Department representative, Pam Smith Public Works representative, Diane Houghtaling The following business was transacted: I hereby certify that pursuant to a notice dated October 9, 2000, and duly published October `2, 2000, in the South Weld Sun, a public hearing was conducted to consider the request of Harlan Schultz for Change of Zone #542 from the A (Agricultural) Zone District to the E (Estate) Zone District for a five (5) lot Minor Subdivision. Lee Morrison, Assistant County Attorney, made this a matter of record. Kim Ogle, 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. Chair Kirkmeyer advised the applicant's representative, Ken Mayer, Landmark Engineering, Ltd., that the applicant has the option of continuing this matter to a date when the full board will be present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer will listen to the record and make the determining vote. Mr. Mayer indicated they would like to proceed today. Mr. Ogle gave a brief description of the location of the site,which currently consists of non-irrigated pasture land with no improvements on site. He also gave a brief description of the surrounding land uses, and stated six of the eight referral agencies responded favorably with proposed conditions of approval, and one letter of opposition was received from a surrounding property owner. Mr. Ogle stated staff recommends approval based on the reasons indicated in the Administrative Review, and he submitted a letter of opposition from Curt Ketner, marked Exhibit F. In response to Commissioner Vaad, Mr. Ogle stated the applicant initially proposed an agricultural outlot; however, based upon staff review, it was determined that a Minor Subdivision would require a Recorded Exemption for the outlot. He further stated this case was received in April; however, there was a long delay between the Planning Commission Hearing date and today's hearing clue to the numerous conditions that had to be met prior to scheduling a Commissioner hearing. 2000-2728 PL1442 HEARING CERTIFICATION - HARLAN SCHULTZ (COZ#542) PAGE 2 Responding to Commissioner Vaad, Pam Smith, Department of Public Health and Environment, stated no more than 25 percent of a new development can have evaporatranspiration systems; however, based on soil work done in August 1999, it was determined there were slow perk rates and regular systems may not be appropriate. Ms. Smith further stated there are other alternatives to total evaporative systems. She explained many of the alternatives can be installed so that they rely on minimal absorption perk rates and the leach fields are significantly smaller. In response to Commissioner Vaad, Mr. Ogle referred to a letter from Larimer County, dated April 5, 2000, and explained Weld County Road 1 is split between Larimer County and Weld County through an agreement. He stated Larimer County is requesting the applicant pave their side of the road. Diane Houghtaling, Department of Public Works, stated the applicant would be required to pave the entire width of the road through a maintenance agreement because a gravel road is not adequate for a subdivision. In response to Commissioner Hall, Ms. Houghtaling stated this portion of Weld County Road 1 is currently gravel and is not on the maintenance schedule. Responding to Commissioner Hall, Mr. Morrison stated the cost assessed to the applicant needs to be in proportion with the impact and cost of improvements. He further stated there have been agreements in the past for similar situations in which future developments are required to enter into the existing improvements agreement because they cause more impact to the road. In response to Commissioner Hall, Ms. Houghtaling stated a 1998 traffic count indicated 190 vehicles on this road,and the proposed development would generate approximately 50 additional vehicles per day. Mr. Morrison reiterated the road must be adequate to serve the development and yet balance the cost based on impact, and the split jurisdiction causes some difficulty in the assessment. Responding further to Commissioner Hall, Mr. Ogle stated Condition #5.A should be amended to state, "The applicant shall enter into a Road Improvements Agreement Regarding Collateral for all on-site improvements and off-site improvements to Weld County Road 1 as determined by the Larimer County Engineering Department and the Weld County Department of Public Woks " In response to Commissioner Baxter, Ms. Houghtaling stated Highway 56 and Weld County Road 50 are paved. In response to Commissioner Hall, Mr. Morrison stated staff is recommending changes to address off-site improvements and the proposed language has been reviewed with the applicant. Responding to Chair Pro-Tem Geile, Mr. Ogle stated the applicant has been informed of the change. Mr. Morrison submitted an E-Mail message from William and Mary Hein, marked Exhibit G. Ken Mayer, Landmark Engineering, Ltd., represented the applicant and stated Weld County Road 1 is paved up to Weld County Road 46 and then is gravel up to Weld County Road 50. He stated a traffic impact report was not done, and he would like to request a condition which addresses the specific obligation of the applicant for road impacts and improvements. He stated the applicant is not opposed to improving the road. They have discussed road improvements with Larimer County and do not want to pave the entire two-mile section of road between Weld County Roads 46 and 50. (Switched to Tape #2000-31) Mr. Mayer stated most of the traffic coming to the site is from Weld County Road 46, and they would be willing to pave Weld County Road 1 from Weld County Road 46 up to their northern property line because they have full frontage. Mr. Mayer explained the applicant will own Tract A and sell the remaining five lots. He stated the applicant may have to withdraw the proposal if the two-mile portion of road requires paving and it is not economically feasible; however, they are willing to make improvements as able. In response to Commissioner Vaad, Mr. Mayer stated the applicant owns Weld County Road 1 frontage from Weld County 2000-2728 PL1442 HEARING CERTIFICATION - HARLAN SCHULTZ (COZ#542) PAGE 3 Road 46 to the northern property boundary of the site,which is a little more than one-half of a mile. In response to Commissioner Vaad, Harlan Schultz,applicant, indicated the location of the existing trees. He stated the right-of-way for Weld County Road 1 was surveyed and showed the section line on the west side of the existing road, which means a portion of the ditch is located within the right-of-way. Mr. Schultz stated he is willing to work with the Weld County Department of Public Works to define the right-of-way and then establish the necessary 100-foot right-of-way at full build out. Mr. Mayer further stated the initial geotechnical investigation indicated there is adequate room for evaporatranspiration septic systems, and the envelopes will be designated on the final plat Mr. Mayer stated the property is approximately 65 acres in size,and has not been irrigated or cultivated for some time. He indicated that Lot 1 of Recorded Exemption #609 and Lot A of Recorded Exemption#1129 are existing four-acre residential lots. He stated Tract A is pasture,and the other proposed lots are irrigated agricultural land. Mr. Mayer stated the five lots range in size from 4.5 to 10 acres, the proposed use is compatible with surrounding uses, the lots will have estate-style homes with equestrian facilities, and the applicant will provide irrigation water for pastures. In response to Commissioner Vaad, Mr. Schultz stated the Hein property is to the north. Responding to Commissioner Baxter, Mr. Schultz stated Weld County Road 1 has not been properly maintained, and he estimated the traffic traveling north or south from the site will be split 50/50, and there is a curve in the road at Weld County Road 48 around a lake. Mr. Mayer stated their traffic engineer indicated that more of the traffic may travel south to Weld County Road 46 because it is paved and then access Highway 287. He stated it would be appropriate to do a traffic study to determine the actual amount of impact and proportional cost for improvements Dan Stroh,surrounding property owner, stated he previously submitted a letter indicating no major opposition to this proposal; however, the poor road conditions do need to be addressed. Mr. Stroh stated, if approved, there is potential for nine buildable lots on a total of 80 acres, and he feels this may set a precedent. He submitted photographs of the road, marked Exhibit H, and stated he was raised in this area, and has been involved with development in Weld and Larimer Counties so he is familiar with the road maintenance issues. Mr. Stroh stated Weld County Road 1 is substandard. He explained it is a Weld County road; however, Larimer County maintains it, and even if it is not paved, there needs to be some major improvements and repair. He stated there are trees that border the road which unfortunately shades the road and add to the damage during the winter. Mr. Stroh further stated Weld County Roads 46 and 48 are not well maintained, the applicant has chosen not to irrigate the parcel, and it is prime farmground with an irrigation system availaole. Mr. Stroh expressed concern with sharing the irrigation system with five new residents because it was not designed for the additional use, and in response to Commissioner Baxter, he stated the pictures were taken from the intersection of Weld County Roads 1 and 46 looking north. He stated they depict the condition of the road during good and bad weather, and added most of the private roads in the area are better maintained. Mr. Stroh stated he is not sure when the road was graveled last, and added the Little Thompson Water District ran a water line down the road this past summer and it was not brought back up to standard. Responding to Commissioner Baxter, Mr. Stroh stated Weld County Road 46 is not paved to the east of Weld County Road 1 ; however, it is paved to the west, and Weld County Road 48 is not paved. Responding to Commissioner Vaad, Mr. Stroh indicated the locations of his properties, which are not located along Weld County 2000-2728 PL`442 HEARING CERTIFICATION - HARLAN SCHULTZ (COZ#542) PAGE 4 Road 1. Chair Pro-Tern Geile clarified that the letter Mr. Stroh previously referred to has been included in the file as Exhibit 29. Mr. Morrison stated approval of this case does not set a precedent as indicated by Mr. Stroh; however, it may create an impact. There being no further comments, Chair Pro-Tern Geile closed public testimony. In response to Commissioner Hall, Mr. Mayer stated he has reviewed and agrees with the Conditions of Approval and Development Standards as proposed, with the discussed change to Condition #5.A to establish that the applicant is responsible for improvements proportional to impact. He further stated it is still somewhat unknown, but they are willing to work with both Counties. Responding to Commissioner Vaad, Mr. Mayer stated Weld County Road 1 is encroaching on the property boundary; however, there is 60 feet of designated right-of-way. He further stated the ditch is within the 30-foot right-of-way at its eastern bank, and the trees are also located within the ditch section. Responding to Mr. Stroh's concern regarding the effect of trees on road conditions, he stated disturbing the trees may also affect the operation of the ditch. Mr. Mayer stated rather than doing a 50-foot right-of-way reservation, the applicant will deed the right- of-way now. Commissioner Vaad stated the removal of trees and adjustment of the ditch will have to be dealt with. Mr. Schultz stated the Weld County Department of Public Works has been in contact with the McIntyre Ditch Company to remove trees as necessary; however, the ditch company does not have enough money to do the necessary improvements. He added the County has trimmed the trees to help the situation. In response to Chair Pro-Tern Geile, Mr. Ogle stated Condition #5.A should be amended to state "The applicant shall enter into an Improvements Agreement Regarding Collateral for all on-site improvements to the Minor Subdivision, and for all off-site improvements proportional to their share of traffic on Weld County Road 1 as determined by a traffic study." In response to Chair Pro-Tem Geile, Mr. Morrison stated it may be necessary to direct staff to get an Improvements Agreement between Larimer County and Weld County, as well as an Agreement between the developer and Weld County to ensure all parties are satisfied with the terms. He explained this will allow for some flexibility, and the details can be finalized at the Final Plan hearing. In response to Commissioner Baxter, Ms. Houghtaling stated Larimer County feels the applicant should be completely responsible; however, Weld County has always taken the approach that improvements should be proportional to the impact. Commissioner Hall moved to approve the request of Harlan Schultz for Change of Zone#542 from the A (Agricultural)Zone District to the E (Estate)Zone District for a five (5) lot Minor Subdivision, 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#5.A to state, "The applicant shall enter into an Improvements Agreement Regarding Collateral for all on-site improvements to the Minor Subdivision, and for all off-site improvements proportional to their share of traffic on Weld County Road 1 as determined by a traffic study." The motion was seconded by Commissioner Vaad, and it carried unanimously. 2000-2728 PL1442 HEARING CERTIFICATION - HARLAN SCHULTZ (COZ#542) PAGE 5 This Certification was approved on the 30th day of October 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Jf L Li) ��T EXCUSED --- /ri Yu�l Barbara J. irkmeyer, Chair Weld County Clerk to the arr� �`* , i 71 1 (1 C' ' _ . J Ge. , Pro-Tern BY: ` � Deputy Clerk to the �•i A --- r�� orge E.iaxter TAPE #2000-30 and #2000-31 - ,S � ---- df tale K. Hall �j� DOCKET#2000-56 .4 f4G l/dc_i --- Glenn Vaad— 2000-2?28 PL1442 EXHIBIT INVENTORY CONTROL SHEET Case COZ#542 - HARLAN SCHULTZ 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 05/16/2000) D. Clerk to the Board Notice of Hearing E. Planning Staff Photo of sign posted on site F. Curt Ketner Transcript of Telephone Conversation expressing concern (10/25/2000) G. William and Mary Hein E-Mail expressing Concern (10/25/2002L H. Dan Stroh Five photos of WCR 1 J. --- K. --- L. --- M. ---- N. --- O. --- P. --- Q. ---- R. --- S. --- T. --- U. --- V. --- ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF OCTOBER, 2000: DOCKET#2000-56 - HARLAN SCHULTZ DOCKET#2000-60 - JOHN JOHNSON 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 To c / Hello