HomeMy WebLinkAbout982150.tiff HEARING CERTIFICATION
DOCKET NO. 98-58
RE: APPROVE PLANNED UNIT DEVELOPMENT CHANGE OF ZONE#515 TO CREATE
SEVEN (7) E (ESTATE) ZONED LOTS WITH OPEN SPACE - BILL HALL/LINDIES
LAKE
A public hearing was conducted on November 4, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Scott Ballstadt
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 29, 1998, and duly published October
7, 1998, in the Platteville Herald, a public hearing was conducted on October 21, 1998, to
consider the request of Bill Hall for a Planned Unit Development (PUD) Change of Zone#515 to
create seven (7) E (Estate) zoned lots with open space in the A (Agricultural) Zone District, at
which time said matter was continued to November 4, 1998. At said hearing on November 4,
1998, Cyndy Giauque, Assistant County Attorney, made this a matter of record. Scott Ballstadt,
Department of Planning Services representative, presented a brief summary of the proposal and
entered the unfavorable recommendation of the Planning Commission into the record as written.
Mr. Ballstadt described the location of the site, and submitted correspondence from Mr. Hall,
applicant, the Corps of Engineers, and Dale Trowbridge, marked Exhibits G, H, and I. Mr.
Ballstadt also submitted definitions of Non-Urban and Urban Scale Development from the PUD
Ordinance, marked Exhibit K, as well as his staff comments, marked Exhibit F, indicating his
concerns with the application. He stated Planning Services staff and the Planning Commission
recommend denial of the proposal for the reasons explained in the Planning Commission
Resolution. He further stated the Colorado Geological Survey expressed concerns pertaining to
shallow groundwater, and the North Side Lateral and North Side Extension Company indicated
concerns regarding easement right-of-way and the proposed trail along the ditches. Mr.
Ballstadt requested that if the Board approves the application, they also review the Final Plat. In
response to Commissioners Baxter and Webster, Mr. Ballstadt stated there is a concern with the
shallow ground water and the use of septic systems, wells, and basements, and added there are
residences along Highway 392, as well as west of Weld County Road 51. Responding to
Commissioner Kirkmeyer, Mr. Ballstadt clarified the applicant has been working with the various
referral agencies; however, he has not addressed all of the concerns of the North Side Lateral
and North Side Extension Company and the Colorado Geological Survey. He added regardless
of whether the applicant addresses all of the referral concerns, he recommends denial based on
the definitions of Urban and Non-Urban Scale Development. He stated the PUD Ordinance
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does not provide an exception for allowing an urban development outside of an urban growth
boundary or an area where urban services are available. Responding to Chair Harbert, Mr.
Ballstadt stated the applicant has not yet addressed the concerns of the Eaton School District
and they will need to be added as Conditions of Approval if the proposal is approved. In
response to Commissioner Baxter, Mr. Ballstadt stated the majority of the property is listed as
non-prime irrigated land; however, the area where the lots are proposed is prime farmground
which is currently in production. Responding to Chair Harbert, Sheble McConnellogue, Health
Department representative, stated the septic systems are proposed to be located 200 feet from
the edge of the lake; however, if the groundwater level is higher than five feet deep, an
engineered system will be required. In response to further questions from Chair Harbert, Don
Carroll, Department of Public Works representative, stated he will need to contact Ron Broda,
Weed Specialist, regarding the amount of Canadian Thistle on the property. Responding to
Commissioner Kirkmeyer, Mr. Ballstadt explained the applicant has attempted to address the
transportation concerns; however, the plat is unclear as to where the edges of the right-of-way
and property boundary are.
Brent Coan, represented the applicant and displayed a colored plat, marked Exhibit N, and
submitted an aerial photograph of Lindies Lake, marked Exhibit L. Mr. Coan indicated that the
applicant's proposal is consistent with the Comprehensive Plan by referring to various sections
of the Weld County Zoning Ordinance and the Comprehensive Plan. He stated according to the
Comprehensive Plan, the Urban Growth Boundary goal and Residential policy referred to in the
Planning Commission's Resolution should not be considered. Mr. Coan further stated the main
issue of concern is whether to allow a seven lot development, rather than a five-lot development,
and referred to similar projects in Weld County which have not been required to follow the
five-lot requirement. Mr. Coan stated the Right-To-Farm Covenant will be included on the Final
Plat; water and sewer services can be made available to each of the lots; and the Planning
Commission's finding that the concentration of five septic systems does not meet the standards
for adequacy contradicts the Health Department referral. Mr. Coan stated the applicant is
proposing a school bus stop and deceleration lane on Weld County Road 51, and added
Findings#E.1 and #E.2 are not applicable to this case. He stated the referral received from the
Colorado Geological Survey states the soils are suitable for construction, and he agreed that the
individual property owners will need to take the groundwater level into consideration when
building their homes. Mr. Coan stated the items of concern regarding wetlands have been
addressed through a letter received from the Corps of Engineers, marked Exhibit H, which states
a Department of Army Permit will not be required based on the type of activity along the lake.
He further stated the comments from the North Side Lateral and North Side Extension Ditch
Company do not apply to this application because it is not a service provider to the proposed
lots; however, the applicant has agreed to install a dry fire hydrant as requested by the Galeton
Fire Protection District which is a service provider. Mr. Coan stated the applicant is willing to
work with the planning staff regarding details of the Landscaping Plan; almost 56 percent of the
proposal is designated as open space; and a Homeowners Association will be established. He
further stated Mr. Hall is proposing the appropriate signs, and the site is not within the MUD area
or an Intergovernmental Agreement area. Mr. Coan stated this proposal complies with all of the
Planned Unit Development and Agricultural goals and policies which are applicable, and
indicated the surrounding property owners, with the exception of the ditch company, have signed
a petition in favor of the proposal. Commissioner Kirkmeyer commented that the
Comprehensive Plan does not limit the criteria to only the PUD goals and policies, and
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requested Mr. Coan summarize which goals and policies are being met. Mr. Coan stated the
applicant complies with A.Goal 3 and A.Policy 3 because very little agricultural land will be
converted, and the land will be used regardless of whether five or seven lots are approved. He
stated the Board needs to consider whether there are compatible surrounding uses, and
indicated A.Goal 3 states to "discourage" urban growth in a non-urban area, not"prohibit."
According to A.Goal 4, Mr. Coan stated the site lacks agricultural productivity and is not
economical for the owner to lease the land for farming. In response to Chair Harbert, Mr. Coan
stated Mr. Hall has owned the property since March of 1998. Responding to Commissioner
Kirkmeyer, Mr. Hall explained they configured the internal road to reach all of the lots, and added
he did speak with the Public Works Department regarding its requirements. He added there will
be some landscaping at the entrance; however, he does not want to cause a traffic hazard.
Commissioner Kirkmeyer commented there is a similar frontage road near Gilcrest which is a
traffic hazard and stated according to the 1998 traffic count, Weld County Road 51 currently has
362 vehicles a day which will increase with seven new residences. Ms. Giauque explained the
PUD Ordinance states the Zoning Ordinance is more for individual lot development, and the
PUD Ordinance takes precedence over the Zoning Ordinance. Mr. Coan referred to A.Goal 9,
and stated this project will impact only seventeen acres of agricultural land. In response to
Commissioner Hall, Mr. Coan stated the PUD Ordinance does not prohibit a seven-lot
development, rather it states an internal road must be paved if there are more than five lots.
Commissioner Hall clarified the definitions of Urban and Non-Urban. Mr. Coan stated there are
other mechanisms for approving this type of development.
Chair Harbert recessed the hearing until 1:00 p.m.
Upon reconvening, Richard Foose, representative for the North Side Lateral and North Side
Extension Ditch Company and the West Greeley Soil Conservation District, expressed concern
for children playing along the easement which runs adjacent to the ditch. In response to Chair
Harbert, Mr. Foose stated he met with the applicant who is willing to present liability insurance;
however, there is nothing in writing at this time. He further stated there are times when Lots#1
and #2, which are considered wetlands, have been flooded, and since Weld County Road 51
has been built up and paved, the water will not run off. Mr. Foose stated the West Greeley Soil
Conservation District feels the increase in activity at the lake will discourage the wildlife, not
enhance it. Mr. Foose stated the ditch company does not own the water in the lake; however,
when a farmer orders water, it is pumped into the lake and then distributed to the farmers ditch.
Responding to Commissioner Baxter, Mr. Foose stated he is not sure if there is commercial use
at the lake, but there is increased activity. He further stated people have been using the ditch
right-of-way which is a liability to the company.
Keith Brumley, County resident, stated if this application is approved he plans to purchase Lot
#5 which is 6.3 acres is size. He intends to use an acre for his residence and the remaining land
will be planted in pasture grass for grazing a horse. Mr. Brumley stated he wants his family to
enjoy the country atmosphere and quality of life, and requested the Board grant approval of this
application.
Richard Winter, surrounding property owner, stated he uses the ditch north of Lot#1 and
expressed concern with access to the sand trap for maintenance since he does not have a
written agreement with Mr. Hall. In response to Commissioner Webster, Mr. Winter stated when
the lake overflows, the water runs over Weld County Road 51 into his ditch.
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Ray Lohr, surrounding property owner, stated he uses the same ditch as Mr. Winter and
expressed concern with children getting hurt in the surrounding ditches. He indicated there is a
loss of wildlife at the lake with the added activity.
Barnard Geisick, surrounding property owner, expressed similar concerns with maintaining the
ditch if new lot owners are using the ditch right-of-way. He further stated Lots#1 and #2 have
been flooded and are not suitable for construction, and there has been an increase of noise at
the lake during the evening hours. In response to Commissioner Baxter, Mr. Geisick stated the
lake is accessed from Weld County Road 51 through a gate between proposed Lots#3 and #4,
as well as the ditch access north of Lot#1.
Julie Otten, surrounding property owner, stated she has similar concerns to those already stated,
and added she drives the local school bus and her route heads south on Weld County Road 51,
so she will not be able to use the proposed bus pull-out.
Neil Dvorock, County resident, stated he intends to purchase one of the proposed lots. Mr.
Dvorock further stated he has not used the lake; however, it is a nice setting and he requested
the Board approve this request.
Mr. Coan stated this applicant has set aside an easement for the clean-out area, and added the
lake is not yet fenced so he cannot control uninvited users. Mr. Hall stated he has met with
representatives of the North Side Lateral Ditch and is proposing to locate the trail below the ditch
right-of-way for added safety. He stated Mr. Winter has indicated that when the ditch is cleaned
the material cannot be hauled away until it dries; therefore, the plat has been altered to include a
sixty-foot easement to access the clean-out area. Mr. Hall further stated he has tried to work
with the neighbors because he also intends to live on one of the lots, and explained the reason
he is proposing seven lots is to justify the cost of paving the internal road. In response to
Commissioner Baxter, Mr. Hall explained the trail will remain an equestrian pathway and he does
not intend to put in a concrete slab. He stated he owns the land around and under the lake, and
added he did use the lake this summer; however, there were reports of parties that he was not
involved in. He further stated he will include Covenants for the development, and added the
building area in Lots#1 and #2, are elevated eighteen inches above the high-water mark on the
dam. Responding to Commissioner Kirkmeyer, Mr. Hall indicated the area which will be
allocated for the ditch clean-out area on the overhead. He further stated he is prepared to
provide liability insurance for the lake and added the ditch company as the named insured on the
policy. Mr. Hall reiterated he owns the ground under and around the lake, as well as two shares
of the water, and stated he does have an agreement with the ditch company regarding filling the
lake with excess water in the ditch. In response to Commissioner Kirkmeyer, Mr. Hall stated he
has the surface rights to the lake and he intends to allow the property owners access for
recreational purposes. Responding to Chair Harbert, Mr. Hall stated his shares of water should
be sufficient for extinguishing a fire.
(Clerk's note: Switched to Tape#98-31)
In response to Commissioner Kirkmeyer, Mr. Hall stated he met with Petina Oil, and requested
they drill the well prior to construction of the development. Mr. Hall submitted a copy of the
agreement with the ditch company concerning excess water, marked Exhibit O, and Mr. Coan
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explained the details of the agreement. In response to Commissioner Webster, Mr. Coan stated
the pump is owned by the applicant; however, there is a Use Agreement stating the property
owners which use the ditch are responsible for 80 percent of the maintenance. Responding to
Commissioner Baxter, Mr. Hall stated the Galeton Fire District is not restricted on the amount of
water they can use where the health and safety of the public is concerned. In response to Chair
Harbert, Mr. Hall stated the lake is filled with yearly run-off and is an average of three to five feet
deep. Jerry Winter, previous owner of the property, stated he farmed the land for the past
sixteen years and the lake is filled with run-off water. Responding to Commissioner Kirkmeyer,
Mr. Winter stated he has seen Lots#1 and #2 flooded on a couple of occasions. In response to
Commissioner Webster, Mr. Carroll stated he provided the applicant with a cross section
separating the adjacent lanes with a landscaped buffer. He stated the internal road is not the
best scenario; however, it was proposed this way to limit the number of accesses onto Weld
County Road 51. Commissioner Webster suggested shifting the entire road east away from
Road 51; however, Commissioner Hall commented the Design Standards will be considered at
the Final Plat if the application is approved. Mr. Carroll added he did speak with Mr. Broda
regarding the Russian Thistle on the site who indicated he has been working with the applicant
to resolve the problem; however, if the lots are sold, it will become the individual lot owners'
responsibility.
Commissioner Kirkmeyer stated the intent of the PUD Ordinance is to encourage flexibility in
development and it does not prevent a development with more than five lots and moved to
approve the request of Bill Hall for a Planned Unit Development Change of Zone #515 to create
seven (7) E (Estate) zoned lots with open space in the A (Agricultural) Zone District, with the
Conditions of Approval as submitted by staff, and to change the last sentence of Condition #1 to
read, "The Board of County Commissioners shall review the Final Plan at a public hearing.", add
Condition #3.A.11 to read, "Delineation of the building envelopes", direct staff to further address
the design of the internal road, and add a new Condition #5 to read, "The applicant shall reach
an agreement with the North Side Lateral and North Side Extension Ditch Company regarding
the liability issue and clean-out area and submit a copy of said agreement to the Department of
Planning Services.", and change Condition #5 to#6. The motion was seconded by
Commissioner Baxter. In response to Commissioner Webster's comments, Commissioner
Kirkmeyer stated the activities allowed on the Lake are addressed in Condition of Approval #3.C.
In response to Chair Harbert, Mr. Coan stated the applicant is in agreement with the Conditions
of Approval, with the exception that when he spoke with planning staff he understood that
Condition #3.A.10 was to be deleted and replaced. Commissioner Kirkmeyer amended her
motion to delete Condition #3.A.10 and add #3.1 to read, "The applicant shall submit evidence to
the Department of Planning Services that the ditch company easement has been resolved and
shall be delineated on the plat." Commissioner Baxter accepted the amended motion. In
response to Chair Harbert, Richard Winter stated the clean-out area is not the ditch company's
concern; however, it does need to be worked out with the three stockholders. Commissioner
Kirkmeyer amended, and Commissioner Baxter agreed that Condition #3.1 read, "The applicant
shall submit evidence to the Department of Planning Services that an agreement has been
negotiated concerning the easement and liability insurance for the ditch company and shall be
delineated on the plat.", and to add Condition #3.J to read, "The applicant shall submit evidence
to the Department of Planning Services that an agreement has been negotiated with all
interested ditch stockholders concerning the ditch clean-out area." The applicant indicated
agreement with the above changes and discussion. Commissioner Hall commented based of
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Sections 2.13 and 2.18 of the Planned Unit Development Ordinance, he feels this development
does not qualify as an Non-Urban Development. On a call for the vote, the motion carried with
Commissioner Hall opposed.
This Certification was approved on the 9th day of November, 1998.
APPROVED:
ATTEST: 11 �/f � / BOARD OF COUNTY COMMISSIONERS
► r %i a .�ii�- W� COUNTY, COLORADO
+ r
Weld County Clerld
41 ;, Constance L. ert,'ch it
Deputy Cler v fy `� C
W. H. Webster, Pro-Tem
TAPE #98-30 and #9:
eorge airier
DOCKET#98-58 4.
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Dal K. Hall
/Barbara J. Kirkmeyer
982150
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF NOVEMBER, 1998:
DOCKET#98-62 - WESTERN MOBILE, INC.
DOCKET#98-58 - BILL HALL/LINDIES LAKE
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 PI ase include City and Zip Code) DOCKET#OF HEARING ATTENDING
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EXHIBIT INVENTORY CONTROL SHEET
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Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B, -r BZ Planning Commission Resolution of Recommendation w- Corrccf¢d
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing reiE. "La' talk c., 4Art ,,g,+�lL�s1Q
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CLERK TO THE BOARD
PHONE (970) 356-4000, EXT.4217
FAX: (970) 352-0242
P.O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
September 29, 1998
Bill Hall/Lindies Lake
1220 11th Avenue, Suite 201
Greeley, CO 80631
Dear Mr. Hall:
Your application for a PUD Change of Zone to create seven (7) E (Estate) zoned lots with open
space has been recommended unfavorably to the Board of County Commissioners by the
Planning Commission. The legal description of the property involved is shown as part of the
NW% of Section 20, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will be necessary for you to
indicate your request by signing the bottom of this letter and returning it to this office. Regular
hearing procedures will then be followed. This includes publishing a Notice of Hearing in the
legal newspaper, an expense to be paid by you.
In order to proceed as quickly as possible, we must receive your reply by October 26, 1998. If
we are not in receipt of your request by that date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
.
Constance L. Harbert, Chair
CLH/eeg
we, (kziy , do hereby request the Board of County
Commissioners to consider th above mentioned application.
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