HomeMy WebLinkAbout990428.tiff HEARING CERTIFICATION
DOCKET NO. 99-13
RE: APPROVE CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT - MORIAH ESTATES, % JIM SCOTT
A public hearing was conducted on March 3, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Scott Ballstadt
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 17, 1999, and duly published February 20,
1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of Moriah
Estates, % Jim Scott for Change of Zone #520 from A (Agricultural) to a PUD (Planned Unit
Development) District to create 24 E (Estate) zoned lots on 64.88 acres. Lee Morrison, Assistant
County Attorney, made this a matter of record. Scott Ballstadt, 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 and gave a brief description of the location of the
proposed site. Mr. Ballstadt stated the concerns listed in the referral responses have been
addressed in the Conditions of Approval, and he added the Town of Windsor responded stating
the proposal does not comply with its Comprehensive Plan. Mr. Ballstadt recommended denial for
the following reasons. He stated the application is not in compliance with the PUD Ordinance
because it proposes urban scale development outside of an urban growth boundary. He further
stated the proposal in located adjacent to the Town of Windsor's Urban Growth Boundary;
however, urban services do not exist for the proposed location. Mr. Ballstadt explained the
proposed use may be compatible with the surrounding uses, but the density is not, and added the
Town of Severance has indicated the proposal is not consistent with its Long-Term Growth Plan.
He reviewed the lot size, density, and location of the surrounding developments, and stated the
applicant is proposing the use of North Weld County Water, as well as individual septic systems,
which the Colorado Geological Survey has indicated may be a problem based on low permeability
soils, shallow groundwater, and shallow bedrock. He further stated it appears the applicant is
attempting to circumvent the intent of the PUD Ordinance. In response to Commissioners Baxter
and Vaad, Mr. Ballstadt stated Shiloh Estates, an adjacent development, does use septic systems
and explained that based on a more recent traffic study an acceleration lane will be required. In
response to Commissioner Kirkmeyer, Mr. Ballstadt clarified the PUD Ordinance requires adequate
public sewer be provided to any urban scale development with six lots or more. Responding to
Commissioners Baxter and Kirkmeyer, Mr. Ballstadt indicated the location of Windsor's Urban
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Growth Boundary, and stated the North Weld County Water District has committed to providing
water; however, the Division of Water Resources is requiring more information to ensure the
District will not be depleting other water rights. In response to Commissioner Geile, Mr. Ballstadt
stated the applicant is still working to get adequate water to meet concerns of the
Windsor/Severance Fire Protection District and the requirement is addressed in the Conditions of
Approval. Responding to Chair Hall, Trevor Jiricek, Health Department, stated the applicant has
provided perk tests and soil readings on every site and they do meet the County and State
regulations. Chair Hall commented the density is actually higher considering the twenty-four lots
are clustered on twenty-four acres, and not sixty-four. In response to Commissioner Vaad, Mr.
Ballstadt stated the Conditions of Approval require engineered foundations, and added if a site
does not meet the septic permit requirements, a building permit will not be issued. Responding to
Commissioners Kirkmeyer and Baxter, Mr. Jiricek stated this is the first application in which the
applicant proposes to locate the second leach field systems in the open space which is 34.24 acres
in size, and according to the engineer and the water budget, the lots will not require engineered
septic systems. Responding to Commissioner Geile, Mr. Ballstadt stated Condition of Approval
#6.C requires the applicant to address the concerns of the ditch company prior to release of any
building permits.
Jim Scott, applicant, explained he intends to create a community which will benefit the surrounding
area, and explained the clustering provides for additional open space. Mr. Scott explained he
believes this application complies with the Comprehensive Plan because it is located in close
proximity to a municipality. Chair Hall clarified an urban scale development must be located within
a municipality's Urban Growth Boundary. Commissioner Kirkmeyer added the Comprehensive
Plan also requires that a development have access to public services, and this application does
not. In response to Commissioner Kirkmeyer, Mr. Scott stated the North Weld County Water
District sent him a letter committing to provide water to Moriah Estates, and added they decided
to apply under the PUD process because it is more flexible than the Subdivision Ordinance. Mr.
Scott referred to Planning Commission Exhibit#26 and indicated the location of the surrounding
developments, and he stated the yellow portions are part of Windsor. Mr. Ballstadt explained the
formula for figuring lot density, and stated the other developments were reviewed and approved
prior to the new PUD process.
Mr. Scott explained he received a mixed response from the Town of Windsor and the clustering
proposal does not comply with the Town's Comprehensive Plan;therefore he decided to go through
the County process. He stated based on two soil investigations, all of the sites meet the minimum
percolation rates, and he explained they are proposing to move and line the irrigation ditch which
runs through the property with concrete, to help balance the water level throughout the year. He
further stated the groundwater level will not effect the leach fields, the two lots with shallow bedrock
are located within the open space area, and the sites will support standard leach fields. In
response to Commissioners Baxter and Geile, Mr. Scott stated the Town of Windsor does not
intend to extend the sewer line to this development, and there are four sites which have a water
level of less than eight feet after irrigation season. In response to Commissioner Kirkmeyer, Mr.
Scott stated two-thirds of the surrounding property is irrigated, and he further explained the
engineer tried to determine the use of water prior to development, as well as after. He stated the
water for irrigating the open space was excluded from the Water Budget to reflect the level if water
is not added back into the system, and added monitoring wells will be located at each leach field.
In response to further questions from Commissioner Kirkmeyer, Mr. Scott stated no site is less than
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seven feet and most have a water level greater than fifteen feet deep. In response to
Commissioner Vaad, Mr. Scott stated if a site does not meet the minimum percolation
requirements, an engineered system will be required. In response to Commissioner Kirkmeyer,
Mr. Scott explained in order to annex into the Town of Windsor, the applicant would have to reduce
the number of lots and expand them into 2.5 acres. Commissioner Vaad complimented Mr. Scott
on providing open space.
Joseph Plumber, Town of Windsor, submitted a map of Windsor's revised Growth Management
Area Boundary, marked Exhibit L, and stated the Town's Comprehensive Plan shows a twelve-inch
sewer line proposed to serve the Ventana Development. Mr. Plumber stated in his memorandum
dated January 15, 1999,to the Windsor Planning Commission, he expressed his concerns with the
proposal, and added the Town has been conducting workshops to gain public input regarding
possible annexations and the findings should be completed this spring. In response to Chair Hall,
Mr. Plumber stated E-2 zoning requires public sewer, rather than individual septic systems;
therefore, this proposal does not comply with the Town's Comprehensive Plan. Responding to
Commissioner Geile, Mr. Plumber stated they have not received an annexation petition from the
applicant, and the Town is simply reviewing potential annexation areas. In response to
Commissioner Kirkmeyer, Mr. Plumber stated the proposal would likely be accepted if public sewer
is provided; however, the sewer line is not proposed to extend to the proposed site.
Chair Hall called for a recess until 1:00. Upon reconvening, Jack Winter, President of Lateral Ditch,
presented a petition, marked Exhibit M, spoke in favor of the proposal and stated moving and lining
the ditch will help prevent seepage. Mr. Winter further stated he owns several properties in the
area and he does not feet this proposal will adversely impact traffic.
Manuel Pineda, surrounding property owner, explained he previously owned the land and
expressed his concern that the government appears to be encroaching on the private rights of
citizens to develop this land. Mr. Pineda stated there is adequate water on the property, and he
read the mission statement of the Larimer-Weld Water Issues Group for the record, marked
Exhibit N. In response to Commissioner Baxter, Mr. Pineda stated he purchased the property in
1966, there are no domestic or irrigation wells in the area, and the water table will reduce
significantly without irrigation.
Tom Coulson, surrounding property owner, stated he signed the petition in favor of this proposal
and requested the Board grant its approval. Mike Sauenberger, Ventana developer, applauded
Mr. Scott on his creativity for the design and use of the land and requested the Board approve the
application.
Mr. Scott submitted a petition from seventeen residents of Shiloh Estates, marked Exhibit O, as
well as a letter from Thomas Miller, marked Exhibit P, in favor of the proposal. There being no
further comments, Chair Hall closed public testimony.
In response to Commissioner Geile, Mr. Scott stated the only cost to the County is law enforcement
because the homeowners in Shiloh Estates pay approximately$3,000 to$4,000 in property taxes,
the Homeowners'Association maintains the roads,the water is owned and maintained by the North
Weld County Water District, and the residents contribute to the economy of the surrounding
community. Responding to Commissioner Baxter, Mr. Scott stated the Homeowner's Association
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will maintain the open space and will strive to provide a high quality of living for the new residents.
In response to Commissioner Kirkmeyer, Mr. Scott stated he received a letter from the North Weld
County Water District stating it has adequate water to service the development. Mr. Morrison
referred to a letter dated December 14, 1998, and stated the State Water Division is requesting
evidence be provided that the development will not impact surrounding water users. Commissioner
Kirkmeyer commented the Board must make a decision based on certain criteria regarding
adequate public water and sewer and stated the State Water Division has concerns because the
water district has not supplied the necessary information. Mr. Scott stated the water documentation
should be part of the final plat process and referred to the water tests which indicate each of the
lots meet the County and State requirements. In response to Commissioner Kirkmeyer, Mr. Jiricek
stated groundwater monitoring addresses some of his concerns, and confirmed the tests do meet
the minimum County and State requirements. Mr. Scott added if the North Weld County Water
District cannot provide adequate water, he is willing to purchase water rights from the Big
Thompson Water District and dedicate them to the district for the development.
Responding to Commissioner Kirkmeyer, Mr. Morrison stated the property will be vested only if the
conditions are met, and added there is no risk to the County as long as there is a clear condition
that adequate water and sewer will be provided. Mr. Morrison further stated the final plan will not
be approved unless the State Engineer approves the plan, and if water is not provided,the property
will revert back to agricultural zoning. In response to concerns from Chair Hall and Commissioner
Kirkmeyer, Mr. Scott stated the proposal meets the State regulation requiring at least one acre per
septic system. Mr. Jiricek stated the County requires 2.5 acres per septic system. Chair Hall
commented the septic discharge will effect twenty-four acres, not sixty-four and he feels this
density is too high. In response to Commissioner Vaad, Mr.Jiricek stated the Weld County I.S.D.S.
regulations do not allow a septic permit to be issued if the site is within 400 feet from a public sewer
source. Mr. Ballstadt expressed concern that approval of this proposal will set a precedent of
allowing an urban scale development in a non-urban area. Responding to Commissioner Baxter,
Mr. Ballstadt stated Shiloh Estates was approved four years ago, prior to the new PUD process;
it has fourteen lots located on 75 acres with a density of at least 2.5 acres per lot. Mr. Ballstadt
stated the new PUD process allows lots less than 2.5 acres in size; however, the application still
needs to meet the 2.5 acre requirement of the Health Department.
Mr. Ballstadt requested prior to recording the plat,the Conditions of Approval address the five items
in the memorandum dated January 15, 1999, from the Town of Windsor. He also requested the
Final Plan be reviewed by the Board. Mr. Morrison stated the water issue is addressed by
Condition of Approval#4.A, and he recommended deleting Condition#10, as the property will not
become vested until after approval of the final plan. In response to Commissioner Kirkmeyer, Don
Carroll, Department of Public Works, stated a traffic count was done when Weld County Road 72
was paved; however, he conducted a new count since the development and has been working with
the Town of Windsor to identify Weld County 72 as a rural major collector with three lanes and the
acceleration lane. In response to Commissioner Baxter, Mr. Carroll stated the cost of the
acceleration lane will be included in a Road Improvements Agreement.
Commissioner Geile stated the applicant has provided adequate evidence that the development
can support septic systems, it is adjacent to similar developments, and the County does not have
an Intergovernmental Agreement with the Town of Windsor. Commissioner Geile moved to
approve the request of Moriah Estates, %Jim Scott for Change of Zone#520 from A(Agricultural)
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to a PUD (Planned Unit Development) to create 24 E (Estate) zoned lots on 64.88 acres, based
on the recommendations of the Planning staff and the Planning Commission, with the Conditions
of Approval as entered into the record with the deletion of Condition of Approval#10 to be replaced
to state, "The Final Plat will be reviewed by the Board of Commissioners," and add Condition#4.F
to state, "The applicant shall attempt to meet the request from the Town of Windsor to extend the
proposed water main south across Weld County Road 72 into the North Shores Subdivision to be
connected to the existing water main for reinforcement of the water supply for the two subdivisions,
as well as construct a water main between lots 18 and 19 of Moriah Estates to connect to the
existing water main in Shiloh Estates for reinforcement of the water supply for the two subdivisions.
The motion was seconded by Commissioner Baxter.
Commissioner Kirkmeyer clarified Condition of Approval#4.A may mean that the applicant will need
to supply an alternate water source if the Colorado Division of Water Resources finds there is not
sufficient water. Mr. Morrison indicated that is only one way to solve the problem and should not
be the only one required. Commissioner Vaad commented Mr. Scott should not be required to
personally provide water, if there is not sufficient water, he will not be able to develop. In response
to Commissioner Geile, Mr. Scott stated he agrees with the Conditions of Approval. He expressed
concern that the Town may require him to pay for the connection to the existing subdivisions, and
he does not feel that is his responsibility. Chair Hall clarified the Condition simply states he attempt
to meet their request and will be addressed further at the Final Plat hearing if an agreement can
not be made. Chair Hall commented the concentration of twenty-four septic systems on twenty-
four acres is too much and may have long-term effects. On a call for the vote, it carried four to
one, with Chair Hall opposed.
This Certification was approved on the 8th day of March, 1999.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
j„/,/ $1\ WELD COUNTY, COLORADO
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Weld County Clerk to t 6 '��c≥ 1 I
, \.7-2.- 7-i - t Dale K. Hall, Chair
BY: - e�/
Deputy Clerk to th ,,�; a Lie./91-1 .,,c.
-�2/ j<i t�`�/ Barbara J. Kirkm yer, Pro-Tkm
TAPE #99-07 j
'George�Baxter
DOCKET#99-13
EXCUSED DATE OF APPROVAL
M. J. Geile/
Ai
.C(f.//i AtIl
Glenn Vaat
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 3RD DAY OF MARCH, 1999:
DOCKET#98-57 - ENVIRO-CYCLE, LLC, C/O HOWARD BOATRIGHT
DOCKET#99-13 - MORIAH ESTATES, CIO JIM SCOTT
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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&ir Joseph P. Plummer, AICP
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4;, Town of Windsor
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301 Walnut Street (970)686-7476 Ext. 104
Windsor,CO 80550 Fax:(970)686-7180
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#520 - MORIAH ESTATES, % JIM SCOTT
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Referral, Windsor Reservoir and Canal
Co.
F. Planning Staff Referral, Town of Severance
G. Planning Staff Letter of support, Phillip Dittberner
H. Planning Staff Referral, Town of Windsor
Planning Staff Letter to Jim Scott from Trevor Jiricek
dated 01/20/99
J. Planning Staff Letter to Trevor Jiricek from Jim Scott
dated 02/18/99
K. Planning Staff Response from Colorado Geological
Survey dated 02/23/99
L. Joe Plummer Map
M. Jack Winter Petition
N. Manuel Pineda Larimer-Weld Water Issues Group
O. Jim Scott Petition
P. Jim Scott Letter of Support from Thomas Miller
dated 02/15/99
Q.
R.
S.
T.
U.
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