HomeMy WebLinkAbout952112.tiffHEARING CERTIFICATION
DOCKET NO. 95-63
RE: CHANGE OF ZONE #494 FROM A (AGRICULTURAL) TO E (ESTATE) FOR JOHN T. AND
JAMES T. MARTIN
A public hearing was conducted on October 11, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman - EXCUSED
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated September 18, 1995, and duly published
September 21, 1995, in the Windsor Beacon, a public hearing was conducted to consider the
request of John T. and James T. Martin for Change of Zone #494 from A (Agricultural) to
E (Estate). Lee Morrison, Assistant County Attorney, made this a matter of record. Chairman
Pro-Tem Kirkmeyer explained only four Board members are present, and, in the case of a tie vote,
Chairman Hall will review the record and cast the deciding vote, or the applicant may request a
continuance. John Martin, applicant, requested the Board proceed. Gloria Dunn, Planning
Department representative, presented a brief summary of the proposal, entered the Planning
Commission's recommendation for denial into the record as written, and explained the reasons for
said recommendation. Drew Scheltinga, County Engineer, stated right-of-way dedication deeds
were received, which resolved the right-of-way issues on Weld County Roads 10 and 35; however,
the bridge issues still need to be resolved with FRICO (Farmers Reservoir and Irrigation Company).
He clarified all other road improvement and detailed engineering issues can be resolved at the
subdivision stage. Mr. Scheltinga answered questions from the Board, and Mr. Morrison clarified
the warranty deed from Weld County Waste Disposal (WCWD) is a concern because the entity
may not be free and clear due to current issues with the EPA; however, the matter can be resolved
if this Change of Zone request is granted. Further discussion ensued concerning accesses, which
can also be resolved at the subdivision stage. Jeff Stoll, Health Department, reported potential
contamination from WCWD should not have a significant impact on the ground water quality or the
drinking water from Fox Hills. Responding to further questions from the Board, Mr. Stoll stated the
septic systems should be distributed at comfortable distances, which will also minimize impact on
ground water. Andy Andrews, WRC Engineering, Inc., represented the applicant and explained
the background of his company. He also explained the aquifer and formations and confirmed water
from the Laramie -Fox Hills Formation meets water quality and quantity standards. Mr. Andrews
answered numerous questions from the Board concerning the water system, and Mr. Martin
confirmed the soil is not productive and, with road base and gravel, the roads will be good. He also
stated very little water runs down the Speer Canal. (Changed to Tape #95-39.) Commissioner
Harbert stated she would like to see more open space including a recreation area, park, etc. Mr.
Martin stated the area along the ditch will be the green belt for recreation. Bill Childs, Childs and
Company, represented the applicant and clarified the green belt will be approximately 45 feet from
the edge of the ditch and includes the ditch right-of-way pursuant to the agreement with FRICO.
He also noted open space is not required in the Estate Zone. Mr. Martin stated he is willing to work
on the open space. He confirmed for Commissioner Webster the land is absolutely not useable
for agriculture, the water system is adequate and acceptable for drinking, and the roads and
bridges will be built to Weld County standards. Mr. Martin also agreed one access on Weld County
Road 35 would be acceptable and answered further questions from the Board concerning water
issues and how the proposal is compatible with the surrounding area, which includes subdivisions
and 140 houses. He confirmed WCWD is the entity which disposed of and removed the
contaminated soil and the EPA is involved. Mr. Childs clarified the contaminated soil is not on the
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RE: HEARING CERTIFICATION - MARTIN/COZ #494
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subject site and WCWD is now closed. Responding to further questions from Commissioner
Kirkmeyer and rebutting the Planning Commission's recommendation, Mr. Martin stated he has
tried to comply with all Planning staff requests and the best use for the site, which used to be
farmed, has now been determined to be residential by the Brighton Soil Conservation Service. He
reiterated the Weld County Engineer agrees good roads can be built with base and gravel. Mr.
Childs clarified the surrounding uses and noted the letters of support from surrounding property
owners. He also stated Mr. Croissant's reservations were resolved by adding agricultural rights
to the covenants.
Let the record reflect letters of support from Gordon D. Brown, DVM, Earl and Gary Kennedy, and
Pat Kyffin were entered in the record as Exhibits J, L, and M; and a letter of concern from
H. Michael Croissant was entered in the record as Exhibit N for the record.
Janet Cooper, Mike Yanker, and William Allensworth, all surrounding property owners, stated their
objections and voiced numerous concerns regarding wildlife, increase in traffic and dust,
environmental issues, school district impacts, toxic waste and soil contamination from WCWD,
interference with farmland and country atmosphere, crossing the canal, irresponsible planning and
development which is not compatible, water quality and the extensiveness of the water study,
burden on services including road maintenance and fire protection, types of homes proposed, and
Mr. Martin's capability to fulfill his promises. They also answered questions from the Board.
Let the record reflect a recess was taken at this time.
Upon reconvening, Kent Dreher, John Pfister, and Gary Gochanour, surrounding property owners,
voiced their opposition and numerous concerns and answered the Board's questions. Mr. Dreher
read and submitted a letter of opposition from Timothy and Mary Trostel, adjoining property
owners, as Exhibit K for the record. David Ellis, also a surrounding property owner, stated he, too,
objects to this proposed subdivision; however, he clarified he is not opposed to development done
responsibly and made various other comments. Mr. Martin reiterated the waste on the road is
being resolved with the EPA and confirmed very little contamination exists. He clarified the roads
in the Martin Brothers PUD have been maintained at his expense and he has had no interest in the
PUD for over a year. He also noted there is no responsible person to turn the motor grader over
to since a home owners' association has not been organized. Mr. Andrews summarized the water
issue and noted the proposed wells will be 900 to 1,000 feet deeper than most of the existing wells
in the area. He reiterated variations exist, but the water meets all regulations, and he assured the
drilling and development procedure for the wells will be done properly. Mr. Andrews clarified the
oil wells are under the jurisdiction of the Oil and Gas Commission, and he answered numerous
other questions from the Board. Mr. Childs explained the water system will be maintained through
the home owners' association at a pro -rata share, which is included in the covenants. He also
confirmed the code book for fire protection addresses standards, which will be met by each
individual home owner to satisfy the requirements of the Fort Lupton Fire Protection District. Mr.
Andrews addressed further questions from the Board concerning water issues, and Mr. Martin
stated the school district had no serious objections. Ms. Dunn clarified no written response was
received from the school district; therefore, she contacted the district and was informed it is already
overcrowded and impact fees would be requested. She stated, however, no letter has been
received to date. Mr. Martin again addressed the material applied to the road by WCWD and
reiterated the EPA is involved but the matter has not been resolved. He clarified, however, the
burden is not being put upon the homeowners, and he is involved in the clean up. He also stated
the road grader will be turned over to the PUD when a responsible organization has been formed
and confirmed the home owners' association for this proposed subdivision will be set up as it
progresses. Mr. Stoll stated the situation concerning the soils on the road is actually a solid waste
violation and confirmed the EPA is involved. He explained Trevor Jiricek, Health Department, has
been working the Mr. Martin and is waiting for a remediation response. Mr. Stoll clarified, however,
the accesses for this proposal are not impacted by the soils. Mr. Childs confirmed he and Mr.
Martin have been working with Mr. Jiricek, the State, HS Resources, and their own geologist
concerning the matter, and it has not been determined whether any remediation is necessary.
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RE: HEARING CERTIFICATION - MARTIN/COZ #494
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Mr. Morrison clarified Mr. Martin is a responsible party and a proposal has been requested from
him, noting the EPA violation action concerns only WCWD. He explained before an agency can
respond, it needs an analysis and a remediation plan from the responsible party. Mr. Stoll stated
staff is still evaluating the situation and has been since June 1995, when HS Resources and Amoco
became involved. Commissioner Harbert stated Mr. Jiricek's memo clearly spells out what Mr.
Martin needs to do. Mr. Stoll agreed and reiterated a response is needed from the applicant. Mr.
Morrison suggested a higher technical party may be needed for evaluation. Mr. Childs clarified
WCWD is primarily responsible; however, Commissioners Harbert and Kirkmeyer disagreed and
stated due to the agreement between the applicant and WCWD, the applicant is now responsible.
Mr. Morrison stated both parties are legally responsible; however, WCWD is now virtually out of
business, and he questioned the relevance of that matter to this case since Mr. Stoll confirmed the
road will not be used for this subdivision. Commissioners Harbert and Baxter agreed the matter
becomes a responsibility issue, and the applicant must be responsible. Mr. Martin reiterated he
is working to resolve the problem. Responding to further questions from Commissioner Kirkmeyer,
Mr. Childs referred to Exhibit H, which clarifies the comments in the Planning Commission's
recommendation. Mr. Martin reiterated the roads will be built to Weld County standards. Ms. Dunn
stated no written draft of an improvements agreement has been submitted, but Mr. Martin has been
in contact with the Weld County Engineer, and the agreement can be dealt with if this Change of
Zone request is approved. Mr. Morrison clarified, since this hearing is not the last step of the
subdivision process, the agreement can be addressed at a later stage. He noted WCWD is not
prepared to warrant title for the right-of-way dedication, which must be resolved prior to the final
subdivision hearing. Mr. Childs confirmed the applicant has permission from FRICO to cross the
Speer Canal; however, FRICO is not willing to invest until this hearing is final.
Commissioner Harbert agreed the best use for the land is residential; however, she stated the
following concerns need to be addressed: impacts on the schools, road agreement and paving,
crossing of the canal, road accesses on Roads 35 and 10, water, the other Martin
PUD/Subdivision, and the need for a park area for this proposed subdivision. Commissioner Baxter
stated a number of the concerns in the Planning Commission's recommendation have been
addressed today and public services are available and adequate. He indicated several issues
addressed today are subject to interpretation. Ms. Dunn again requested the Board consider the
criteria for a Change of Zone and whether this proposal meets the Comprehensive Plan. At the
request of Commissioner Webster, Ms. Dunn submitted Conditions of Approval for the Board's
review. Commissioner Webster stated the applicant has agreed to meet Weld County's road
standards; the land is not useable for agriculture or productive land according to the soil
conservation service; the hazardous soil issue is not part of this Change of Zone, and the applicant
is working on it; the water problems are common in the subject area, and children and animals
have been raised on it for years; and the applicant wants to develop the land for value. He noted
the applicant has resolved the water issue and made the necessary changes, and he believes in
his integrity and is in favor of the Change of Zone. Discussion ensued among the Board members
and staff concerning the Conditions of Approval and the following changes were agreed upon:
Change the word "shall" to "may" in the third and fourth sentences of Condition of Approval #2.b.3.;
add a new Condition of Approval #2.b.8., concerning FRICO's requirements for the bridges,
easements, etc., per the Boundary and Joint Use Agreement between the applicant and FRICO,
and renumber the following Conditions of Approval consecutively; add Condition of Approval #3.h.
addressing open space for recreation purposes to be designated to the home owners' association;
add Condition of Approval #2.b.5. requiring the standards of the Fort Lupton Fire Protection District
be met. During discussion, Mr. Morrison clarified State statute addresses the school district
impacts by requiring land or cash -in -lieu of land; therefore, that issue should not be a legal problem
and can be further and more appropriately addressed at the subdivision stage. After further
discussion, Mr. Martin agreed with said additions and changes. Commissioner Harbert moved to
approve the request of John T. and James T. Martin for Change of Zone #494 from A (Agricultural)
to E (Estate), including the Conditions of Approval as recommended by staff and the changes to
#2.b.3., the addition of a new #2.b.8. and renumbering the remaining consecutively, and the
addition of #3.h. and #2.b.5., as entered into the record. The motion was seconded by
Commissioner Webster, and it carried unanimously.
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PL0936 9 Ll`1 O
RE: HEARING CERTIFICATION - MARTIN/COZ #494
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This Certification was approved on the 16th day of October, 1995.
• 7 ,
y Clerk to the Board
eputy Cle to the Board
TAPE #95-38
DOCKET #95-63
PL0936
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FXC:I ISFn
Dale K. Hall, Chairman
FXCI ISFn fATF nF APPRC)VAI
Barb- a J. Kirkmey r, Pro-Tem
x
Geor• E. Baxter
Constance L. Harbert
W. Webs er
i b(hM2/J7Y
952112
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 11TH DAY OF OCTOBER, 1995:
DOCKET #95-63 - COZ #494 for JOHN AND JAMES MARTIN
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) HEARING ATTENDING
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