HomeMy WebLinkAbout20000857.tiff HEARING CERTIFICATION
DOCKET NO. 2000-21
RE: CHANGE OF ZONE #537 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - CULLISON FAMILY FARMS,
LLC/GEORGE A. NELSON FARM, INC.
A public hearing was conducted on May 10, 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
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Pam Smith
Public Works representative, Don Carroll
Public Works representative, Diane Houghtaling
The following business was transacted:
I hereby certify that pursuant to a notice dated April 17, 2000, and duly published April 20, 2000,
in the South Weld Sun, a public hearing was conducted to consider the request of Cullison Family
Farms, LLC, and George A. Nelson Farm, Inc., c/o Everitt Enterprises, Inc., for Change of Zone
#537 from the A(Agricultural) Zone District to a PUD (Planned Unit Development) District for 114
lots with E (Estate)uses and 58.17 acres of open space. Lee Morrison,Assistant County Attorney,
made this a matter of record. Julie Chester, Department of Planning Services, presented a brief
summary of the proposal and stated the Planning Commission moved in favor of the proposal;
however, the motion resulted in a tie vote. Ms. Chester stated the applicants are proposing 114
lots on approximately 382 acres. She gave a brief description of the location of the site and the
surrounding uses, and stated two signs were posted on the site on April 24, 2000. Ms. Chester
stated the Town of Windsor has annexed property west of the site which is still in agricultural
production, six referral agencies expressed concerns with the proposal, nine responded in favor
with proposed conditions, and the Department of Public Health and Environment has submitted a
revised referral dated May 3, 2000, with proposed conditions which she requests be added to the
permit if approved. Ms. Chester reviewed the concerns of the Planning Commission and reiterated
the motion was for approval; however, the exact recommendation is unclear because the motion
resulted in a tie vote. She stated the Department of Planning Services staff has concerns with the
proposal because the 114 lots will be located outside of an Urban Growth Boundary area with no
public sewer service. Ms. Chester read the statements of concern as recorded in the Planning
Commission Minutes for March 21, 2000, and stated this proposal will result in approximately 2.6
people per household, which equals almost 400 residents in the unincorporated area of Weld
County.
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Ms. Chester submitted Exhibits H, I, and J, and in response to Commissioner Geile, she indicated
the area annexed by the Town of Windsor, and stated the existing sewer lines are approximately
two or three miles away. Responding to Chair Kirkmeyer, Mr. Morrison stated Fred Walker,
Planning Commission member, declined to vote because of previous associations with the
applicant. Mr. Morrison further stated the Planning Commission tie vote indicates neither approval
nor denial, although the motion was in favor of the proposal. Responding to Commissioner Hall,
Ms. Chester stated 58.17 acres have been designated as open space,which meets the 15 percent
requirement, and there is a total of 382 acres. She further stated the lots will range from 11.6 to
1.5 acres in size for an overall density of 3.3 acres. In response to Commissioner Geile, Pam
Smith, Department of Public Health and Environment, stated Weld County requires a 4-foot
separation between bedrock and groundwater levels; however, some of the areas on the site only
have a two-foot separation. Responding to Commissioner Vaad, Ms. Chester explained the
Planned Unit Development Ordinance recommends a 2.5-acre overall density to allow enough
room for septic systems in a non-urban-scale development; however, this proposal has been
classified as urban-scale. She stated the Town of Windsor has requested minimum lot size be 2.5
acres to accommodate a secondary septic system, and added this development has been
classified as urban-scale because it proposes more than five lots outside of an Urban Growth
Boundary area. Responding to Chair Kirkmeyer, Ms. Smith stated if this proposal is approved she
would request the conditions listed in her memorandum dated May 3, 2000, marked Exhibit I, be
included in the permit. She stated Conceptual Grading Plans have been submitted and they
address the previous concerns regarding groundwater and bedrock separation for septic systems;
however, she has not received a Feasibility Study for Community Sewage or plans for the
construction and operation of a package treatment plant. Ms. Smith stated they have received
correspondence from the applicant stating public sewer is not available and a letter from the
Boxelder Sanitation District indicating it would not be able to service the development at this time,
and she did not receive a response from the State Health Department. Ms. Chester stated Section
2.3 of the Planned Unit Development Ordinance indicates non-urban-scale developments with
public water and sewer shall have a one-acre minimum lot size and an overall density of 2.5 acres
for septic systems. She explained the Ordinance does not designate a required lot size for urban-
scale developments. In response to Chair Kirkmeyer, Ms. Smith stated she recommends 2.5-acre
lots if the proposal is approved for septic systems; however, one-acre lots would be sufficient if the
site receives public sewer services. Responding further to Chair Kirkmeyer, Mr. Carroll stated the
traffic count on Weld County Road 74 at State Highway 257 is one of the highest in the County at
5,600 vehicles per day. In response to Commissioner Baxter, Ms. Smith stated preliminary data
regarding percolation was provided and staff had concerns with groundwater and bedrock
separations; however, at the end of April, the applicant provided Conceptual Grading Plans and
maps which indicate the grading will be altered to meet the four-foot separation requirement.
Stan Everitt, Everitt Enterprises, Inc., represented the applicant and indicated the location of the
proposed development,surrounding developments,and municipality boundaries. Mr. Everitt stated
the Town of Windsor has a sewer line which is approximately five or six miles away. In response
to Commissioner Baxter, Mr. Everitt stated the Boxelder Sanitation District has a line that is
approximately five miles away. Mr. Everitt presented a series of overheads, marked Exhibit M,
displaying the proposal as being consistent with the goals and policies of the Planned Unit
Development Ordinance. He reviewed the proposed land uses, and stated there will be linkages
among the common areas, hunting perches will be provided for bald eagles, hunting of water fowl
will be prohibited, and the wetland corridor and existing trees will be protected. Mr. Everitt stated
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an interpretive station with spotting scopes will be constructed so viewing the wildlife will result in
minimal impacts to the wildlife and its habitat, the open space will be planted in native grass, and
new residents will be notified of hunting activities in the surrounding area. He further stated the
wetland slough is created by seepage from the canal leading into the reservoir, so the proposed
location of the trail has been moved and lot lines adjusted to increase the distance from the
wetlands. He concluded by stating the proposal will better utilize the land, the density will be
reduced along the lakeshore, and no fencing will be allowed that might barricade the geese and
other wildlife.
Chair Kirkmeyer stated some of the Commissioners have noon meetings and asked that any
members of the public who wish to speak and cannot return after lunch, address the Board first.
Tom Moore, surrounding property owner, stated he farms property south of the proposal, and he
has no concerns with this application. He stated that although the land may be ranked as"prime,"
it is not prime if the owner cannot make a living from the crops it produces. Mr. Moore stated
engineered septic systems will be adequate for this site. In response to Commissioner Geile, Mr.
Moore stated he is not a member of the Larimer/Weld Irrigation Board, and he is not sure of terms
for use of the reservoir water. Responding to Commissioners Hall and Baxter, Mr. Moore slated
he owns approximately 185 acres, and it is a very similar soil type that grows rural crop and alfalfa
used for cattle forage in this area.
Susan Lake, surrounding property owner, stated she owns a cattle operation west of the site and
she has no objections. Ms. Lake stated the growth in the area is inevitable, and the developer has
a good record for well-planned developments. In response to Chair Kirkmeyer, Ms. Lake stated
she owns approximately 100 female cow/calf sets.
Doug Ochsner,surrounding property owner,stated he farms approximately 350 acres near the site,
and he is in favor of this proposal, although it may impact local traffic levels. Mr. Ochsner stated
he attended the Planning Commission Hearing and was impressed by the representative's ability
to adequately address all of the comments and concerns. He stated the main reason the motion
was tied was because the site is located just outside of an Urban Growth Boundary line; however,
the property is well suited for this type of use. Mr. Ochsner stated he feels this case should be
approved based on the criteria that it is well designed, safe and the Weld County regulations have
been met. He further stated that although the Towns of Windsor and Severance do not want to
annex, they have no objections to the development.
Chair Kirkmeyer recessed the hearing until 1:30 p.m. Upon reconvening, Mr. Everitt continued
reviewing overheads, marked Exhibit M. He stated the proposal is consistent with the goals and
policies regarding open space and trails. He reiterated the existing trees will be replaced by
seedlings that have been started, the common open space has been planted in a native, drought-
tolerant seed mix, the wetland slough will be preserved, and most of the homes are contiguous to
common open space. Mr. Everitt further stated there is a trail system for recreational use, and
there is a provision for a tract that incorporates the open space and ditch which will be owned by
the Homeowners'Association and allow for connection to a regional trail system in the future Mr.
Everitt stated the number of accesses will be reduced to two main entrances from State Highway
257, designed as shown on Planning Commission Exhibit #33. He explained the sites will be
designed with open space areas between the residences; however,there will still be 20,000 square
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feet of landscaped area for each lot. Mr. Everitt stated there are setbacks along Highway 257 with
exceptions for existing homes, the front of the site will be bordered by an open rail fence, and larger
lots may be allowed to have one or two cows or horses. He further stated there will be a 530-foot
setback from the reservoir's high-water line,the project does not have access to the lake,and there
will be landscaping and screening on the south. Mr. Everitt displayed an overhead indicating
consistency with public facilities.
Dave Rau, Paragon Consulting, stated the proposed septic systems comply with Weld County's
regulations, and based on measurements taken at the site, high water levels would not affect the
systems. Mr. Rau displayed overheads which indicate the high water levels are not located near
the proposed leach fields and building envelopes. He stated there is currently more nutrient
loading produced from the agricultural use than what will occur with well-maintained septic systems,
scheduled maintenance has been addressed and budgeted for,the Environment Protection Agency
has concluded that individual septic systems are efficient, and the proposed system design
exceeds Weld County's regulations. Commissioner Hall expressed concern with the high density
of septic systems in one area. Mr. Rau stated the development will reduce the level of groundwater
because less water will be applied to the surface for irrigation, and lawn watering will be enforced
by the Homeowners'Association. Mr. Everitt stated approximately half the current amount of water
will be land applied; however, the site wilt be graded so that water will drain toward the lined pond
and be reused for more irrigation. Mr. Rau stated the septic systems are designed so they will
alternate annually between the two leach field sites. In response to Commissioner Hall, Mr. Everitt
explained State statutes specify how a Homeowners'Association is set up, and the Homeowners'
Association have the ability to foreclose on a property if the property owner does not comply. He
reviewed the Homeowners' Association projected budget which incorporates septic system
management and maintenance. In response to Commissioner Geile, Mr. Everitt stated the
Homeowners' Association will budget to hire qualified, certified professionals to conduct annual
maintenance tasks for each septic system, and added there is no sunset provision included in the
Covenants. In response to Commissioner Geile, Mr. Everitt stated State law requires a failing
septic system to connect to public sewer if it is located within 400 feet. Ms. Smith stated the Health
Department will not be able to issue a permit on a failing system if public service is within 400 feet
of the property. Responding to Commissioner Geile, Mr. Everitt stated a provision could be added
to allow the Homeowners' Association to require a special assessment to connect the sites to
public sewer. In response to Commissioner Baxter, Mr. Everitt indicated there are a few areas that
collect water; however, the site will be graded so that water flows internally.
Chair Kirkmeyer indicated she received an E-mail from the property owner which needs to be
added to the file. Mr. Morrison marked the E-mail from Tom Cullison as Exhibit K. In response to
Commissioner Geile, Mr. Everitt stated the North Central Weld Water District currently requires one
share of Colorado Big Thompson water; however, if the District approves the proposed water
system, that amount will be reduced to one-half share per home or a fee in lieu will be charged.
Mr. Everitt reviewed the present conditions showing the number of homes and developments in the
area. In response to Chair Kirkmeyer, Mr. Everitt indicated three cattle operations in the area, and
displayed a map showing the surrounding property owners who have indicated support of this
proposal. In response to Commissioner Hall, Mr. Everitt stated there were no surrounding property
owners opposed, and the initial concerns of the Town of Severance regarding hunting have been
addressed, therefore it appears to be compatible with surrounding uses. Mr. Everitt displayed an
overhead indicating the proposal's consistency with surrounding uses,since it is located near other
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developments, and there are adequate setbacks and envelopes. He reviewed goals and policies
showing consistency with urban growth boundaries and open space, as well as an overhead
entitled "Summary." Mr. Everitt stated the applicant has volunteered to construct left-turn access
lanes, and he explained the existing home owners will use the two new accesses to get to their
homes.
In response to Commissioner Hall, Mr. Everitt stated there are currently five or six accesses which
will be reduced to two, and both of them will have deceleration lanes. He further stated that
although traffic will likely increase by approximately 1,200 trips per day, the Colorado Department
of Transportation did not require a traffic study due to the proposed upgrades, and it feels the
highway will adequately handle the additional traffic. He estimated approximately 60 percent of the
traffic will travel south and 40 percent north, and added the Weld County Department of Public
Works has requested a traffic study at the Final Plan stage. Responding further to Commissioner
Hall, Mr. Everitt stated there will be a fee assessed to each lot for school impact fees The
applicant did approach the Town of Windsor regarding annexation; however,the Town is interested
in expanding in other areas, and the site is located outside of Windsor's Urban Growth Boundary.
He stated the applicant also initiated the annexation process in Severance; however, the Town
declined based on concerns with hunting issues. Mr. Everitt stated the internal streets will be under
Weld County's jurisdiction; however, the Highway is controlled by the State Patrol, and Windsor
is nearby for informal law enforcement cooperation. He stated the taxes derived from the
properties will generate funding for Weld County services. Commissioner Hall commented that for
every dollar generated from residential lots, it will cost$1.75 to service. Mr. Everitt stated the two
main services required by the development will be street maintenance and law enforcement, both
of which will be minimal.
Mr. Everitt stated the existing agricultural use exceeds the recommended nutrient load, and
explained the nutrient load will decrease because the Homeowners' Association will maintain the
septic systems. He further stated if a public sewer line is extended into the area, sewer hookups
will be considered if the septic systems are no longer adequate. Mr. Everitt reviewed the overall
expenses for this type of development. In response to Commissioner Hall, Mr. Rau stated the
Weld County regulations are set up to protect the area, and the proposed design complies with
those regulations. In response to Commissioner Geile, Ms. Smith stated the submitted Conceptual
Grading Plans will meet the necessary requirements, and she added that some of the lots with
significant grade changes will require engineered septic systems which may be very costly. In
response to Commissioner Geile, Mr. Everitt stated the Homeowners' Association will have a
budget for maintenance including roads and lighting. Mr. Morrison stated it is common practice for
Weld County to accept the streets for maintenance once the right-of-way is dedicated. (Switched
to Tape#2000-15.) Mr. Everitt stated the Homeowners'Association would also be able to maintain
the roads if the County does not wish to acquire more for maintenance. Mr. Morrison explained
the various options for maintenance of the right-of-way and stated the applicant has offered to
dedicate the right-of-way as public right-of-way with private maintenance. In response to
Commissioner Geile, Mr. Everitt stated the maintenance costs can be budgeted and addressed in
the Covenants. Mr. Morrison stated this proposal is much more strict than some developments in
the past when homeowners began calling for public maintenance; however, the proposal needs to
be explained in detail in the Covenants, Final Plan, and the Department of Public Works needs to
review the budget to ensure there is enough funding to carry out the plan.
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Ravi Srivastava, Boxelder Sanitation District, stated currently it is difficult for either Windsor or
Severance to serve the site. He explained this site is not currently within the District's services
area; however, it is within the 70-Year Long-Term Plan. He explained the second option is to
construct and operate a package treatment plant. In response to Commissioner Baxter. Mr.
Srivastava clarified the development is not located within the current service plan; however, it is in
its long-term plan.
Fred Walker, Planning Commission member, explained he did not vote at the Planning
Commissioner Hearing because he owns land within 500 feet of this application, which may nave
appeared to be a conflict of interest. Mr. Walker stated many of the surrounding property owners
are located within the Intergovernmental Agreement area that is being developed between the
Town of Windsor and Weld County. He reiterated the Planning Commission moved to approve the
proposal; however, it resulted in a tie vote. Mr. Walker reviewed the comments made in favor of
the application. He stated the Eaton Ditch Company has indicated support for the proposal which
indicates the developer is very respectable. Mr. Walker stated he has lived in the area for 51
years,there are other subdivisions in the area that have not resulted in conflict,the area is growing,
and the surrounding property owners support the proposal because it is an appropriate land use.
He further stated a vote in favor of this proposal will not set a precedent for other developments
to begin in this area, septic systems have worked well in nearby development, and the site is not
well suited for farming. Mr. Walker stated there are four major canals in the area, and if farmers
do not have the option of developing their land when it is no longer feasible to farm, the water will
be sold and the land will sit vacant. He stated the Sheriff's Office will receive revenue generated
from taxes, the developer has shown that the nutrient level is currently higher than what will be
generated by the proposed use, and the sites can be hooked to a public sewer if it becomes
available. Chair Kirkmeyer commented it appears that the surrounding property owners are in favor
because they want to be able to propose similar developments with no urban services She
commented the Weld County Sheriff recently requested funding that equals approximately half of
the Weld County budget, and he does not feel there are enough deputies to provide adequate
services in the unincorporated areas of Weld County. Chair Kirkmeyer stated approval of this
application may start an urban area in the unincorporated area of Weld County that does not
receive adequate services, and she feels that 1,000 vehicles per day added to traffic traveling 65
miles per hour will be hazardous. Responding to Mr. Walker, Chair Kirkmeyer commented that
since the Gallagher Amendment was passed, the residential tax amount has declined in gross
dollars. Mr. Walker stated there is a market for this type of development in the area.
Larry Eckel, President of the Windsor Shores Reservoir, stated that in 1991 the Reservoir
Company was issued Use by Special Review Permit #943 which permitted the use of Windsor
Reservoir as a recreational facility. He expressed concern that the measurements for groundwater
levels were taken when the water level was drawn down and there may be problems with flooding.
He explained the Use by Special Review Permit requires that the inlet to the reservoir be avoided
by anyone other than personnel, and it may be difficult to enforce with more nearby residents.
Bruce Ruth, Severance resident, stated he was a member of the Town Board for the Town of
Severance for many years. Mr. Ruth stated the Town of Severance felt it is not in a position to
annex this area due to the difficulty of providing adequate services.
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Ron Greenbald, surrounding property owner, stated he is in favor of the proposal. Mr. Greenbald
stated this site used to be considered prime agricultural land; however, it is no longer prime when
the landowner can no longer make money from the crop. He stated there are other farms in the
area that are sitting in weeds because the farmer could not make a living and the water rights were
sold. Mr. Greenbald stated this development will take care of the land rather than result in weeds.
In response to Commissioner Baxter, Mr. Greenbald stated the two areas annexed by Windsor are
still being farmed.
Peggy Tryon, surrounding property owner, stated she owns one acre which will be surrounded by
this development. Ms. Tryon expressed concerns due to increased traffic accidents to which the
Sheriff's Office already has difficulty responding. She stated there is a need for law enforcement
in the area; however, it does not appear that there is enough staff. She explained on various
occasions when she called for services,the Town of Windsor would not assist,the State Patrol was
busy and referred her to Weld County, which indicated there was not enough staff to respond
quickly. Ms. Tryon expressed concern with the increased speed limit,truck traffic, accidents at the
intersection of State Highway 257 and Weld County Road 76, mosquitos resulting from standing
water within the development, and chemical spraying which is hazardous to her health. Ms. Tryon
proposed that if the development is approved, the speed limit be reduced, and she requested that
she be notified prior to any spraying. Commissioner Baxter commented that the traffic and speeds
on the State Highway are the responsibility of the Colorado Department of Transportation and the
State Patrol. There being no further comments, Chair Kirkmeyer closed public testimony.
In response to concerns expressed by surrounding property owners, Mr. Everitt stated water levels
were tested at various times of the year. Responding to Commissioner Baxter, Mr. Everitt stated
the tests were taken at the high water mark, and Mr. Rau added the reservoir will continue
receiving water. Mr. Everitt stated the inlet of the reservoir is owned by the developer, but they
have worked with the ditch company to resolve the issue of access to the inlet. He further stated
the proposed development will result in less chemical spraying, reduced irrigation will reduce
mosquitos, and the owner is willing to notify surrounding residents of any proposed spraying. He
expressed appreciation for the comments of support, and added that most of the surrounding
owners desire to keep the water in the area so they can continue to farm, but they do want some
level of confidence that if conditions worsen, they have the option of developing their land Mr.
Everitt stated approval of this development will not open a floodgate of land applications in this
area. In response to Commissioner Baxter, Mr. Everitt stated when people are living along the
reservoir, they will help to ensure that trespassing does not occur, and owners along the wildlife
area will become vested in protecting the area.
In response to Commissioner Baxter, Ms. Chester clarified the Department of Planning Services
staff initially recommended denial because the plan was not consistent with the Weld County
Comprehensive Plan, it proposes an urban-scale development outside of an Urban Growth
Boundary area, lack of urban services, and use of prime agricultural land. She stated staff would
have supported a non-urban scale development; however,the proposed Planned Unit Development
does not conform with all of the performance standards, and the density at the original sketch plan
resulted in wildlife concerns. Ms. Chester stated the proposal appears incompatible with the
surrounding agricultural uses,the site will be accessed from State Highway 257, but still impact the
local Weld County roads, the Sheriff's Office will be adversely affected, and there are not adequate
public water and sewer services.
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Commissioner Geile commented use of the land in the area has begun to change, and although
it is considered prime farmland, the site is near land that has been annexed by the Towns of
Windsor and Severance. Commissioner Geile stated he feels the sewer issue has been
adequately addressed because the applicant is willing to make the Covenants such that if a public
sewer is available within 400 feet the sites will be able to connect. He further stated the concerns
of the Health Department regarding groundwater to bedrock separation have been addressed,
public water is available, and the applicant is willing to meet the requirements of the school district.
Commissioner Geile suggested adding a Condition of Approval requiring the developer to be
responsible for maintenance, snow removal, lighting, and signs. He further stated the accesses
have been reduced and the Colorado Department of Transportation has indicated the highway is
able to handle the traffic.
Commissioner Geile moved to approve the request of Cullison Family Farms, LLC, and George A.
Nelson Farm, Inc., do Everitt Enterprises, Inc., for Change of Zone#537 from the A (Agricultural)
Zone District to a PUD (Planned Unit Development) District for 114 lots with E (Estate) uses and
58.17 acres of open space, based on the recommendations of the Planning staff, with the
Conditions of Approval as entered into the record and the addition of a Condition of Approval
requiring the developer to be responsible for maintenance, snow removal, lighting,and signs. The
motion was seconded by Commissioner Vaad.
In response to Chair Kirkmeyer, Mr. Morrison stated the addition should be addressed by the
proposed Covenants and the Conditions of Approval to be considered at the Final Plan.
Commissioner Vaad stated he feels the proposal is in conformance with the Planned Unit
Development Ordinance, it supports the goal because, although it is not within an Urban Growth
Boundary, the Town of Windsor has annexed land adjacent to the proposal. He further stated
public services will be provided with the exception of sewer; however, he feels the septic systems
will be adequate, the open space requirement has been met, it is compatible with similar uses
within the surrounding area, and the nearby municipalities have indicated no concerns with the
proposal. Commissioner Vaad further stated the site will have adequate water service, the septic
systems will reduce the nutrient loading in the water system, the Colorado Department of
Transportation has indicated the street and highway facilities will be adequate for the proposed
amount of traffic, the cost to upgrade or maintain roads will be compensated by road impact fees,
and although the area is designated as prime farmland, it may no longer support a farming family,
therefore he supports the motion. Commissioner Hall commented the applicants indicated they
would connect to public sewer if they could not obtain a replacement permit. Commissioner Geile
indicated he thought the developer stated the sites will connect to public sewer if available whether
the systems were failing or not and it should be added as a Condition to ensure that it happens
once public sewer is available. In response to Chair Kirkmeyer, Mr. Morrison stated the Condition
regarding the road maintenance should be added as Condition of Approval#5.J to state,"The Final
Plan application shall provide, by means of the Development Guide, Final Plat provisions,
Covenants,and Improvements Agreement provisions,for private maintenance,snow removal,and
upkeep of the internal street system." Mr. Morrison reviewed the 400-Foot Rule. Based on Mr.
Morrison's explanation, Commissioner Geile moved to drop the Condition of Approval requiring
connection to public sewer. Commissioner Baxter stated the budget will provide for septic systems
that may last for a long time and they may not need to connect to public sewer even if it is
available. Commissioner Vaad agreed with the addition of Condition of Approval #5.J.
Commissioner Hall commented he still has some concern regarding the lasting effect of a dense
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number of septic systems; however, the developer has taken considerable measures to address
the concerns regarding septic systems and maintenance of the internal roads through a budgeted
Homeowners' Association, therefore, he will vote in favor of the motion. Commissioner Baxter
commented he had initial concerns regarding a large-scale development in a non-urban area, and
he expressed concern with the Town of Windsor being in favor of the development; however, it was
not willing to annex. He stated that the proposal is adjacent to the municipal boundaries and he
agrees with the previous statements and will vote in favor of the motion. Chair Kirkmeyer stated
she does not want it to appear as if the Board is disregarding the Weld County Comprehensive
Plan because the site is not currently within an Urban Growth Boundary area, although Weld
County is working on an Intergovernmental Agreement with the Town of Windsor which may
someday incorporate this area, and the site is not within a municipal boundary; however, the
applicant has done a very good job of showing how the development meets other Weld County
goals and policies. She stated she does not like to see a large mass of septic systems within an
urban-scale development; however, the applicant has worked to address the potential negative
impacts. She stated the development is not within an Urban Growth Boundary area, but the
application and submitted plans will help to address any negative impacts. She further stated the
Right To Farm Covenant will notify future residents of what is to be expected, as well as services
that may or may not be provided to the area. The motion carried unanimously.
This Certification was approved on the 15th day of May 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
âirkJ
D COUNTY, COLORADO .
////
' ii? Chair
j . ��*`•iI.rk to the Board
tf
i� • M. J/ eile, ro-T 4r.
—
'. erk to the Board Yr
)l , \. or e E. Baxter
TAPE #2000-14 and #2000-15
Dale K. Hall
DOCKET#2000-21 /1/2„t. � 4-
Glenn Vaad
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#537 - CULLISON FAMILY FARMS, LLC / GEORGE A. NELSON FARM, INC.
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 03/21/2000)
D. Clerk to the Board Notice of Hearing
E. Applicant Copies of overheads used at Planning
Commission hearing (03/21/2000)
F. James and JoAnn Ochsner Letter of Support (04/26/2000)
G. Applicant Letter re: Septic and 6 maps
H. Planning Staff Letter re: Impacts to Wildlife
Planning Staff Memorandum re: Health Recommendations
J. Planning Staff E-mail from Department of Public Works re:
Traffic
K. Tom Cullison, applicant Two Letters (E-mail) requesting support of
the proposal
L. Planning Staff Photos of sign posted on site —_
M. Applicant Copies of Overheads used in presentation
N. Planning Staff Overhead of Planning Commission
Concerns
O.
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T.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF MAY, 2000:
DOCKET#2000-17 - WILLIAM AND JOYCE RHOTON
DOCKET#2000-20 - JIM AND BONNIE BATES
DOCKET#2000-21 - CULLISON FAMILY FARMS, LLC/GEORGE A NELSON FARM. INC.,
(SOARING EAGLE RANCH) C/O EVERITT ENTERPRISES, 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
Y id,4-:.,/8_,/ Le,ul m ,r,.f O f u/�U �r. oil J-
�'- 4jr c7J�s //v //� �� 2000 —/7
Jim i Pit/,:Lc et2 E-5 :3629&/ (vc :lam 3/ l D,c/ s0e,v5 -2 r_At; - :v
7
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l.'ti,n /), ,,_ 'it:9, i.j•-:,,c.-:,,c. Lfi l>,./ t.'<6 r.(, .,r; // .ce,i'ih ' _�—
/r
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EP Sq
Ark. _ -. RAVI SRIVASTAVA
0 - \. O Ph.D.,P.E.
co —
Operations Manager
Administration Office:
2217 Airway Ave.#3
P.O.Box I518
Engineering Office: FL Collins.CO 80522
970-407-8161 Phone Fax 970-498-0604
E-mail:hsd(o'verinetcon, Fax:9970-498-0701
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