HomeMy WebLinkAbout992533.tiff HEARING CERTIFICATION
DOCKET NO. 99-50
RE: CHANGE OF ZONE #524 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT)DISTRICT FOR 353 LOTS WITH RESIDENTIAL ZONE
USES -WESTERN DAIRYMEN COOPERATIVE, INC., C/O CLAY CARLSON
A public hearing was conducted on October 6, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair - EXCUSED
Commissioner Barbara J. Kirkmeyer, Pro-Tern
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, Ben Patton
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 21, 1999, and duly published July 24, 1999, in
the Fort Lupton Press, a public hearing was conducted on August 4, 1999, to consider the request
of Western Dairymen Cooperative, Inc., % Clay Carlson, for Change of Zone #524 from
A (Agricultural) Zone District to PUD (Planned Unit Development) District for 353 lots with
Residential Zone uses. At said hearing on August 4, 1999, the Board deemed it advisable to
continue this matter to September 1, 1999, to allow the applicant adequate time to receive a full
water commitment from the Left Hand Water District for the entire 353 lots. At said hearing on
September 1, 1999, the Board deemed it advisable to continue this matter to October 6, 1999, to
allow staff adequate time to review the Subdivision/Multiple Tap Service Agreement and determine
if the water service will be adequate. At said hearing on October 6, 1999, Lee Morrison, Assistant
County Attorney, made this a matter of record. Ben Patton, 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. He gave a brief description of the location and
surrounding uses of the 100-acre parcel, which is currently used for agricultural activities. Mr.
Patton stated this proposal is for 353 lots; there will be a school on-site; access to the site is
addressed through an Improvements Agreement; water will be provided by the Left Hand Water
District, and sewer services will be provided by the St. Vrain Sanitation District. He stated the
applicant has submitted documentation of the water service, which staff has determined to be
satisfactory. Mr. Patton further stated the St. Vrain Concerned Citizens group has expressed
concern regarding the proposed density; the applicant has signed an agreement with the St. Vrain
Valley School District, all outstanding mineral issues have been addressed; and he submitted three
letters of support and a map, marked Exhibits M and N. Mr. Morrison explained there is a water
service agreement to provide 150 taps if infrastructure is provided; however, once the developer
uses 126 taps, he will be responsible for posting collateral to ensure construction of the off-site
system improvements. He stated there is a participation provision which allows other developers
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CARLSON (COZ#524)
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to share in the costs. In response to Commissioner Geile, Mr. Morrison stated this agreement
shows how water will be provided for the entire development. Commissioner Geile expressed
concern that once the preliminary work is constructed, it may hamper the installation of remaining
taps. Mr. Morrison stated if the development does not exceed 125 taps, the applicant is not
responsible for completing the remaining off-site capital improvements. In response to
Commissioner Kirkmeyer Mr. Morrison stated the development is limited to 125 taps and any
remaining taps will require collateral, He further stated this is not an absolute guarantee; however,
this is a reasonable approach to guaranteeing water taps to the entire site as they become
necessary. In response to Commissioner Geile, Mr. Morrison stated the letter of credit referred to
in paragraph 9 and 10 of the service agreement relates to the remaining 203 water taps and off-site
improvements to the Left Hand Water District's system. Responding to Commissioner Geile, Don
Carroll, Department of Public Works, referred to Figure 2.10 of the Mixed Use Development Design
Standards showing a typical cross section. He stated Weld County Road 7.5, which splits the
entire parcel, is a four-lane arterial with a raised median, and the developer has indicated that both
sides will be used. Mr. Carroll stated the Department of Public Works is requiring both sides of the
road adjacent to the Planned Unit Development be constructed. He further stated the east side
of the road has been developed by the Milky Way development, and added if the west side is never
developed, it will be covered by impact fees. In response to Commissioner Geile, Mr. Carroll stated
Mr. Carlson will be responsible for the whole road because he owns and will develop property on
both sides of the road. In response to Commissioner Kirkmeyer, Mr. Patton stated 68 percent of
the property has been designated as open space.
Scott Carlson, co-owner, stated 150 taps are guaranteed if the infrastructure is built and tap fees
are paid. He stated all the construction work for the remaining 203 taps will be off-site; however,
the application proposes on-site improvements that will accommodate the total 353 taps. He
explained they originally agreed to build the western half of Weld County Road 7.5 under the
impression that the Milky Way Development was responsible for the eastern half; however they
have agreed to be responsible for the entire width of Weld County Road 7.5 adjacent to the
development. Mr. Carlson explained other local developers may be involved in sharing
responsibility for the cost of the road because it serves a larger area. In response to Commissioner
Geile, Mr. Carlson stated storm water will drain into the on-site lakes; he indicated the portion of
property being donated to the St. Vrain Valley School District; stated the Rural Ditch is on the east
and will not be within the road right-of-way, but may need to be crossed as allowed by the
agreement with the Ditch Company; and the open space will be maintained as detailed in the
Homeowners Association Covenants. Mr. Carlson stated they are negotiating an agreement
between the Homeowners Association and the school district regarding the outdoor classroom,
which the school will have access to and the Homeowners Association will maintain and own. He
further stated the only access to either side of the development will be from Weld County Road 7.5,
and there is an emergency access at the north side of the property which is maintained by Milky
Way, and will remain in place until a secondary access is created on the south. He stated there
may be acceleration and deceleration lanes and lighting at the intersection of Highway 119 and
Weld County Road 7.5, and stated currently there is no access on the south. In response to
Commissioner Baxter, Mr. Carlson stated there is a signed agreement with the school district.
Virginia Shaw, surrounding property owner, presented a petition, marked Exhibit P, signed by 75
residents listing concerns regarding high density, the Homeowners Association, urban services,
impacts to the Mead schools, access, and being located in the flood plain.
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Arty Elmquist, surrounding property owner,expressed concern that the applicant may not be willing
or able to commit to the $5.2 million for the necessary infrastructure. He stated this is a high
density development and the agreement with the Left Hand Water District does not address the
purchase of water rights to serve the remaining 203 taps. Mr. Elmquist referred to the
infrastructure line between Boulder County and questioned how many taps Left Hand Water District
may issue within one mile of the County line. Mr. Elmquist expressed concern with whether there
is adequate capacity for sewer service for 353 units; the number of students which will be living in
the development; the school site is located in a flood plain; and access to the school site needs to
be addressed, as well as a secondary access. He questioned whether the Colorado Department
of Transportation has reviewed or approved the impacts of additional traffic. In response to
Commissioner Geile, Mr. Elmquist stated this development is out of the one-mile boundary;
however, Boulder County will have a significant say in how many taps will be allowed in the area.
Commissioner Baxter stated Boulder County's main concern is how much water will be designated
for the one-mile boundary; however,they have agreed to serve developments east of the boundary.
Commissioner Baxter added the St. Vrain Sanitation District has indicated there are many taps
available.
Merna Folsom, surrounding property owner, questioned whether wetland requirements have been
met; stated the Colorado Geologic Survey needs a soil report; and asked whether underground
drainage has been considered. Ms. Folsom stated it appears the homes proposed for Block 19
will be located within the flood plain; and the Longmont Soil Conservation District has indicated this
site is designated as prime agricultural land.
John Donnley represented the St. Vrain Concerned Citizens and stated staff has addressed many
of the initial concerns; however, the application is still lacking in some areas. Mr. Donnley
submitted Exhibits O, R, and S, detailing the numerous concerns with the application and where
he feels it does not comply with the Planned Unit Development, Mixed Use Development, and
Zoning Ordinances. He stated the Mixed Use Development calls for variety, which this
development does not propose, and he added a campus-like atmosphere might be more
appropriate. Mr. Donnley asked for a break down of single family dwellings and duplexes; when
and how the 10-acre school area will be removed from the wetland area; stated there is no public
transportation provided; the soils may not be suitable for construction; and the configuration of the
lots does not preserve the view of the mountains. Mr. Donnley stated his clients feel this proposal
may not be the best use for this parcel due to lack of services in the area, and surrounding uses.
He further stated the current expense may be more than anticipated at full build out, and asked the
Board to deny this request based on the technical reasons presented, as well as numerous
inconsistencies with the various Weld County ordinances. In response to Commissioner Baxter,
Mr. Donnley stated this area is located in an area designated as residential; however, that is
conceptual. He further stated a less dense development would better; however, it should still be
better as commercial and industrial. Commissioner Geile stated high density housing is necessary
to make it affordable. Mr. Donnley stated this type of development is better suited to be located
near a town, rather than in an isolated area of Weld County. He stated as the surrounding
communities grow, this area will be developed and will be appropriate at that time. In response to
Commissioner Vaad, Mr. Donnley stated this will also significantly affect the duties of the Weld
County Sheriff's Office.
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Inez Sawdey, surrounding property owner, submitted an article from the Daily Times-Call, marked
Exhibit T, and stated she is opposed to this development.
Upon rebuttal Mr. Carlson stated he attempted to meet with the St. Vrain Concerned Citizens;
however,they declined and he met only with Mr. Donnley. Mr. Carlson stated urban services come
to an area after the houses are present and it can be determined whether there is a successful
market. He stated this is not a remote area and added there are already limited services in the
area. Regarding the density of the development, Mr. Carlson stated he has constructed this type
of development in numerous places along the front range and has been very successful because
many of the purchasers are renters and lessees who want to purchase an affordable home. In
response to Commissioner Baxter, Mr. Carlson stated the open space will be used as a"tot lot"and
will be highly maintained and landscaped; however, the majority of the open space on the western
portion of the property and will be natural vegetation. He said State law requires that the a
Homeowners Association be proven that it can afford the maintenance costs, which he estimates
will be approximately $25. In response to further concerns expressed, Mr. Carlson stated the
streets will be maintained by the developer for the first year and then accepted by Weld County.
He stated he has shown his financial commitment by signing various contracts, and has met with
the school policy advisor and have accepted the numbers provided regarding the number of
students to anticipate. Mr. Carlson stated they will either prove that the floodplain line is incorrect
as thought by their engineer, or they will build up the school area to remove it from the floodplain
area. Mr. Carlson stated the soil survey has been done and there were no concerns; the wetland
area will remain natural; a traffic study has been completed; designating 60 percent of the
development as open space shows variety; and this will benefit Weld County because there are
many commercial operations in the area which employ people who need housing. (Clerk's Note:
Recessed until 1:15.)
Upon reconvening, Mr. Carlson referred to a letter from the Longmont Soil Conservation District,
dated March 14, 1999, indicating this property is not prime farmland. In response to Commissioner
Vaad, Mr. Carlson explained some of the surrounding projects will be allowed to participate in the
improvements made to the Left Hand Water District water lines. He further stated the development
will begin at the north end of the property and proceed south. Responding to Commissioner
Baxter, Mr. Carlson stated the gross density for this project is based on the number of homes
versus the number of acres. He further stated the proposed floor plans cover approximately 40
percent of the lot which meets the Weld County maximum requirement. In response to
Commissioner Geile, Mr. Carlson stated the groundwater level is considered shallow at 5-6 feet;
however, this will not be an issue because these homes will not have basements. Mr. Carlson
further stated a tap will not be provided until rural water is provided; this development will be done
in at least two systematic phases; the houses are stick-built; and the lots will be part of the
package. Mr. Morrison stated the initial water agreement allows the developer to provide water at
the time of purchase. In response to Commissioners Geile and Baxter, Mr. Carlson gave a brief
description of similar developments he is constructing, and stated people can purchase these
homes for less than their current rent amount. Responding to Commissioners Baxter and Vaad,
Mr. Carlson explained the various options in purchasing water, and stated the Homeowners
Association dues will be assessed on a monthly fee basis and will have the ability to place a lien
on a home if the dues are not paid. He further stated the maintenance of the property will become
the responsibility of the Homeowners Association after one year. In response to Commissioner
Geile, Mr. Carlson s':ated the average fee in similar developments is $25, and the streets will be
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public streets built to County standards. In response to Commissioner Kirkmeyer, Mr. Carlson
stated the St. Vrain Sewer does have adequate capacity at this point; there is no sunset provision
on the Homeowners Association; and the fees are based on 100 percent completion. He stated
he is willing to construct a traffic signal at the intersection of Highway 119 and Weld County Road
7.5, and added there are many employment opportunities along the 1-25 corridor and surrounding
cities which are within commuting distances. Commissioner Kirkmeyer stated the Mixed Use
Development requires affordable housing to be within walking distance of a workplace. Mr. Carlson
stated this is an unrealistic expectation based on today's society. He stated although the taxes
may not cover the expense of a development, the new residents will bring in a higher purchasing
rate at all types of retail stores and restaurants. Mr. Carlson explained that at the time of final
design, a computer model will be generated to show the fire district that the required water
pressure of 1,000 gallons per minute will be available. Mr. Patton stated the Water District has
completed a water summary form, and has met State requirements; and the housing meets the
front door facing street requirements. Mr. Carlson stated he feels this development will meet Weld
County regulations because the internal infrastructure is constructed rather than needing subsidies;
it is in the I-25 corridor as residential; it will provide affordable housing; it has commercial and
industrial growth; it is one of the first developments in the Mixed Use Development area to achieve
balance in the types of housing provided; the lakes and open space will enhance the area, and the
school site meets all requirements. In response to Commissioner Kirkmeyer, Mr. Patton stated the
Conditions of Approval and Development Standards do not address phasing of a development, and
this proposal exceeds the open space requirement. In response to Commissioner Baxter, Mr.
Patton stated the structural land use map was followed in determining the location for this
development, and there is a sufficient buffer between the adjacent mobile home park. In response
to Commissioner Kirkmeyer, Mr. Patton stated there are no limitations to the amount of affordable
housing in the Mixed Use Development area.
Commissioner Vaal moved to approve the request of Western Dairymen Cooperative, Inc.,%Clay
Carlson, for Change of Zone #524 from A (Agricultural) Zone District to PUD (Planned Unit
Development) District for 353 lots with Residential Zone uses, based on the recommendations of
the Planning staff and the Planning Commission,with the Conditions of Approval and Development
Standards as entered into the record. The motion was seconded by Commissioner Geile.
Commissioner Vaad commented that this type of development will benefit Weld County; however,
if it is denied the problem will worsen with further distances for commuting. He stated if
surrounding municipalities will not address the issue of affordable housing, Weld County has to
take the initiative. 'Commissioner Geile stated he is in favor of this proposal because the more
opportune areas for development are more expensive and do not accommodate affordable
housing, and requiring affordable housing to be within walking distance of a workplace is not
practical. He stated this proposal meets the intent of the Comprehensive Plan; the water and
sewer issues have been addressed; it is compatible with the amount of jobs in the area; and it will
provide open space, as well as school lands. Commissioner Baxter stated the numerous concerns
have been addressed, and this proposal will meet all rules and regulations. He stated the long term
benefit will be the affordable housing and he is in favor of the motion. Commissioner Kirkmeyer
stated the second sentence of Condition of Approval #3.A should be amended to delete the
wording regarding the improvements to half of the road. She further stated she would like
assurance that the Final Plan will address a phasing plan. In response to Commissioner
Kirkmeyer, Mr. Carlson stated the plat will not be phased; however,the construction will be phased.
Mr. Morrison added construction phases are part of an improvements agreement and will require
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PAGE 6
collateral. Mr. Patton recommended amending Condition of Approval #3.A to replace the words
"to match half'with the word"of." In response to Commissioner Vaad, Mr. Carlson stated he plans
to improve the entire road with the possibility of shared financial responsibility with surrounding
developments; however, he will construct the entire road even if others will not participate. Mr.
Morrison stated the Traffic Impact Fees will provide a credit to Mr. Carlson. Commissioner
Kirkmeyer asked that Condition of Approval#3.A be amended to read, "The Final Plan Application
shall include a Road Improvements Agreement for Off-Site Improvements with Weld County which
includes the future expansion of Weld County Road 7,5, as well as any necessary improvements
to the intersection of Weld County Road 7.5 and State Highway 119." Mr. Carlson stated he has
reviewed and agrees with the Conditions of Approval and Development Standards and discussed
changes. Commissioner Kirkmeyer stated this development meets the recent changes made to
the Mixed Use Development. Commissioner Vaad amended his motion to incorporate the
discussed change to Condition of Approval#3.A. Commissioner Geile agreed and the amended
motion carried unanimously.
This Certification was approved on the 11th day of October, 1999.
APPROVED:
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ATTEST:/�l' �� .J ',II, /,� �.ARD OF COUNTY COMMISSIONERS
D COUNTY, COLORADO
Weld County Clerk to the Bo. dFF1 Ct • + SED
K. Hall, Chair
BY: �'.da` , 1A ✓ �.
Deputy Clerk tc the Board . l I�%�'� - lAh nC,
arbara J. Kirkmeyer, r -Tem
TAPE #99-31
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992533
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ #524 -WESTERN DAIRYMEN COOPERATIVE, 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 06/15/99)
D. Clerk to the Board Notice of Hearing
E. John Folsom Letter (E-mail) of concern
F. St. Vrain Rural Impact District Letter re: S #460, Idaho Creek PUD
G. St. Vrain Rural Impact District Letter re: S #460, Idaho Creek PUD
H. Applicant Subdivision/Multiple Tap Service Agreement
for 150 taps
Applicant Letter from HS Resources (08/31/99)
J. Applicant Letter from Left Hand Water District
(09/01/99) and Redline Version of Service
Agreements
K. Applicant Agreement with St. Vrain School District
RE-1J
L. Applicant Final Draft of Service Agreement for
remaining 203 taps
M. Applicant Three letters of support from William Farr,
Boris Vukovich, and Rademacher Family
N. Applicant Map
O. Planning staff Letter from St. Vrain Valley School District
#RE-1J (09/02/99)
P. Virginia Shaw Letter of concern from Mona Haddock
(08/03/99) and petition _
Q. John Donnley Notes regarding PUD Ordinance
R. John Dornley Notes regarding MUD Ordinance
S. John Dornley Notes regarding Zoning Ordinance
T. Inez Sawdey News article
U. Applicant Executed Subdivision/Multiple Tap Service
Agreement
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF OCTOBER, 1999:
DOCKET#99-50 - WESTERN DAIRYMEN COOPERATIVE, INC. - IDAHO CREEK PUD
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.
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