HomeMy WebLinkAbout990985.tiff HEARING CERTIFICATION
DOCKET NO. 99-22
RE: ACTION OF THE BOARD CONCERNING CHANGE OF ZONE#521 FROM A
(AGRICULTURAL)ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)
ZONE DISTRICT TO CREATE FOUR(4) E (ESTATE)ZONED LOTS AND ONE (1) R-4
(MULTI-FAMILY) ZONED LOT -WILLIAM HARPER
A public hearing was conducted on April 28, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
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
County Attorney, Bruce Barker
Planning Department representative, Ben Patton
Health Department representative, Jeff Stoll
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 2, 1999, and duly published April 7, 1999, in
the Fort Lupton Press, a public hearing was conducted to consider the request of William
Harper for Change of Zone#521 from A (Agricultural) Zone District to PUD (Planned Unit
Development) Zone District to create four(4) E (Estate) zoned lots and one (1) R-4 (Multi-
family) zoned lot. Bruce Barker, 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. Mr. Patton
gave a brief description of the location of the site and explained the application proposes four
single family units on lots .9 acres in size and one apartment building on an R-4 Multi-family lot
which is approximately 4.2 acres. Mr. Patton described the surrounding uses and stated the
facility was originally granted a Use by Special Review Permit for a nursing home and health
care facility which has been abandoned. He stated the proposed occupancy of the apartment
will be fifty or sixty residents; there will be forty parking spaces; and fifteen percent of the
property will be designated open space. He further stated the plat will reflect the building
envelopes of the western residential lots to be no further than forty feet from the western
property line and the proposed cul-de-sac length meets the requirements of the Public Works
Department. Mr. Patton requested the addition of Condition of Approval #C.7 to state, "The plat
shall be amended to delineate the storm water and irrigation water retention area and runoff."
He stated staff has received letters of concern from surrounding property owners regarding the
potential for conflict between urban and rural uses, and added the Right To Farm Covenant will
be placed on the plat. Mr. Patton stated the proposal is consistent with the Comprehensive
Plan and explained because this site is not located within an Urban Growth Boundary, is not
contiguous to a municipality, and has access to an existing sewer treatment system, it is eligible
for approval under R-4 zoning. In response to Commissioner Geile and Chair Hall, Mr. Patton
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clarified the location surrounding uses and landowners and stated the pond is in place;
however, the sewer system will need to brought into conformance with the State requirements.
Responding to Commissioner Geile, Mr. Patton stated the Home Owners Association will
maintain the sewer system. Jeff Stoll, Weld County Department of Public Heath and
Environment, added the facility is required to comply with the requirements of a Discharge
Permit and the operator will need a Class C license to maintain the system. In response to
Commissioner Kirkmeyer, Mr. Stoll stated the site will only use fifty percent of the system's
capacity and the site is currently out of compliance with the odor requirements; however, this
will be addressed by bringing the system into compliance. In response to Commissioner
Kirkmeyer, Mr. Patton stated the four residences and the residents of the apartment will be the
only residences using the system and will be responsible for financially maintaining it.
Responding to Commissioner Geile, Mr. Stoll stated the system is not currently used and
explained there are inlets upstream and water is discharged into the river system which helps
prevent the pond from getting stagnant as required by the sewer permit. Mr. Stoll added this
system will be operating under capacity and will exceed the permit requirements. In response
to Commissioner Kirkmeyer, Mr. Stoll stated the system will not be significantly effected by the
change in use. Further responding to Commissioner Kirkmeyer, Mr. Patton stated the sewer
system was previously maintained by the nursing care facility which has been abandoned.
Under this permit the Homeowners' Association will be required to exist as long as the Planned
Unit Development exists in order to maintain the system. Mr. Patton stated this is the only
multi-family development located in this rural residential area. In response to Commissioner
Geile, Mr. Patton stated the former maintenance keeper of the sewer system lived in the house
located west of the proposed apartment building, and the applicant is listed as the contact
person on the discharge permit if there is a problem with the facility. In response to
Commissioners Vaad, Mr. Stoll stated the Town of Mead and this facility drain into the
Thompson Reservoir. Responding to Commissioner Baxter, Mr. Patton stated under this
permit, the sewer system will be used half as much as when the nursing facility was in
operation.
Todd Hodges, represented the applicant and explained the old permit has not been fully
abandoned and the house west of the proposed apartment has always been used to house the
person maintaining the sewer system. Mr. Hodges stated the applicant agrees with the
Conditions of Approval and upon approval is requesting the fast tract be applied to this case.
He stated the application complies with the Weld County Planned Unit Development and
Comprehensive Plans and reiterated the application is proposing only 50 percent of the
capacity of the system. Mr. Hodges stated the applicant is adjusting the lot lines to allow 15
percent of the area to be designated as open space which will include a garden, horseshoe pits,
a picnic area, basketball court, and playground and indicated the location of the proposed
recreational facilities on the overhead. In response to Commissioner Vaad, Mr. Hodges stated
only members of the Homeowners Association will be using the sewer system, and it is not
connected to the surrounding properties.
Bill Harper, applicant, stated he purchased the property last fall and explained the building was
permitted in 1988 to be used as a nursing care facility. He stated the sewer system is heavily
regulated by the State which requires a minimum of a Class D license with extreme
consequences if the facility is out of compliance. Mr. Harper clarified the system has remained
in operation since it has been built and he has hired a consultant with a Class A license, as well
as a maintenance person which lives in the house. He stated the nursing facility closed in 1996
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due to new regulations which allow only five residents per unit versus the 87 residents the
facility was housing. Mr. Harper reviewed the findings of the engineered study of the discharge
system with the Board and read a letter from Karen Young, Colorado Department of Public
Health and Environment, dated January 6, 1999, for the record. He stated the system permit is
in the renewal stage, which he should be receiving soon, and explained the maintenance of the
system. In response to Commissioner Baxter, Mr. Harper stated the Town of Mead did offer to
lease the property; however, he did not accept their offer, and added Mead may be interested in
using the system as a temporary transfer system. In response to Commissioner Vaad, Mr.
Harper stated Use by Special Review Permit (USR) #860 allows for 87 residents, whereas this
application is for 50 to 60 residents. He added he has received no formal notice of the Town of
Mead annexing the area. Responding to Chair Hall and Commissioner Kirkmeyer, Mr. Patton
stated USR#860 was approved in 1988 for a nursing care facility and the number of residents
was not limited other than by the number of beds they could fit. Mr. Harper added the facility
closed in 1996 due to a gradual phase-out of the use and he purchased the property in 1998.
In response to Commissioner Kirkmeyer, Mr. Harper stated he has obtained building permits for
the current construction and he has been in contact with the Mountain View Fire Protection
District and the local School District. He stated once the Change of Zone is approved, the Fire
District will do a walk-through of the facility and the School District will be compensated through
fees paid in the permit fees. Mr. Harper explained the 25,000 square-foot building was actually
built between 1971 and 1975, and he is not sure what the building was used for prior to USR
#860. In response to Mr. Barker, Mr. Harper stated he has addressed the requests listed in the
letter from Don Sorner, Department of Public Works, dated July 23, 1998, and he has a license
agreement with Public Services.
George Ottenhoff, attorney, stated the only change to this property is the four residential
homes, which there appears to be no objection to. Most of the opposition is focused on the
existing structure which is permitted to house 87 residents. Mr. Ottenhoff stated the sewer
system is permitted by the State and Mr. Harper has hired a Class A consultant, as well as an
on-site licensed maintenance person. Commissioner Kirkmeyer commented a nursing care
facility is not listed In the Zoning Ordinance as a use permitted in the Agricultural Zone District.
Mr. Patton stated the facility may have been permitted prior to zoning, or the Zoning Ordinance
in effect at the time may have specifically listed them. He further stated the existing structures
are not non-conforming uses because they are allowed by USR#860 and following the Change
of Zone, the structure will be allowed under the new zoning.
John Donley, attorney, represented 120 people who have signed a petition opposing the
proposal. He submitted the petition, marked Exhibit H, which states the proposed R-4 zoning is
not consistent with the Comprehensive Plan. Mr. Donley stated the Board must consider eight
factors listed in the Planned Unit Development (PUD) Ordinance sections 6.4.4.6.1 through
6.4.4.6.8., which he reviewed. He stated the application proposes a high density development
outside any Urban Growth Boundary and this is the only privately owned sewage facility in Weld
County which may cause problems in the future. Mr. Donley stated this proposal meets the
definition of a non-urban development based on the number of lots; however, the use is urban
due to the density. He stated the argument made by the applicant that no agricultural land will
be taken out of production is not relevant because it has not been farmed in the past. Mr.
Donley expressed concern that there will be conflict between the surrounding property owners
and the future residents which will not be aware of the Right To Farm Covenant prior to signing
their lease. He also expressed concern with Condition of Approval #2.D.11 which states
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residents waive their right to complain to the Weld County Health Department about the odors
from the sewage facility. Mr. Donley stated although the sewer facility is permitted by the State,
this does not eliminate the fact that the site failed and the owner was required to pay $40,000 in
fines. Another item of concern is the additional amount of traffic. He stated there is a beet
dump one-half acre from the site which generates a lot of truck traffic, as well as dairies, farms,
and the residents will have to be patient with the agricultural traffic in the area. Mr. Donley
reviewed criteria of the Comprehensive Plan and stated this proposal conflicts with seven goals
of the Comprehensive Plan. He reiterated the residents will not be notified of the Right To
Farm Covenant on the plat, and expressed concern with the quality houses to be built on the
four residential lots, the lack of public transportation, and the potential of odor nuisances. He
stated there will be no collateral for the maintenance of the sewer facility, and that is a large
financial burden to place on the Homeowners' Association which does not have a budget. Mr.
Donley further stated Weld County Road 32 does not have shoulders for biking or jogging
safely with traffic, a municipal sludge plan has not been submitted, and the sewer facility will be
financially difficult to maintain. Mr. Donley submitted his written comments, marked Exhibit I for
the record.
(Clerk's Note: Tape did not switch and the remaining portion of public testimony was not
recorded.)
Gary Schlagel and Arlie Hames, surrounding property owners, expressed concerns with this
proposal. Ms. Harries stated she has lived in the area since 1968 and the presence of the
sewer facility has reduced the amount of wildlife in the area. During dry seasons the pond
reduces to dry sludge and when there is water, it creates a hazard when children are present.
Gene Wagy, surrounding property owner, stated the apartment will have approximately 36 to 54
school age children which will be located near a dangerous road and pond. He also expressed
concern with the location of the four estate lots which are located in a portion of the property
which was initially lowered in elevation to be used to hold sludge.
Arvid and Barbara Feichtner, surrounding property owners, expressed their concern regarding
this proposal. Mr. Feichtner clarified the nearby beet dump receives 400,000 tons of beets
resulting is a high truck volume during certain times of the year. He stated the sewer pond
discharges into Lake Thompson which is already very polluted and currently used to hold run-
off and supply the river. Mr. Feichtner stated due to the high pollution, Public Service has paid
$500,000 to fix the problem; however, the lake still emits Hydrogen Sulfite. In response to
Commissioner Baxter, Mr. Feichtner stated Public Services does not use the Thompson Lake
for its disposal; however, it does receive run-off from the Town of Mead and the sewage
treatment facility. Responding to Commissioner Kirkmeyer, Mr. Feichtner stated his main
concern is the continuation of the sewer facility which creates a safety hazard for children which
would be coming into the area, as well as an increase of people not involved in agriculture. Ms.
Feichtner, stated the sewer pond is already full of sludge and when the Hydrogen Sulfite blows
off the sewer pond, it causes health problems. Ms. Feichtner stated the proposed development
does not fit into the agricultural community, they already have conflicts with the Grandview
development, and added that although Mr. Harper has property rights; however, he needs to
consider the rights of the existing residents.
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In response to Commissioner Vaad, Mr. Ottenhoff estimated Lake Thompson to be
approximately 100 acres in size and he submitted two photographs, marked Exhibit J, showing
how close the existing residences are. He stated the applicant will be including the text of the
Right To Farm Covenant in the lease, tb make residents aware prior to signing. He further
stated Mr. Harper is responsible for two-thirds of the cost for maintaining the sewer treatment
facility, and if the Change of Zone is denied the surrounding property owners must be aware
that the sewer pond is permitted and will remain. Mr. Ottenhoff stated the petition is opposed to
the R-4 zoning and the sewer facility; however, this proposal will enhance the property and
keep the facility better maintained.
In response to Commissioner Kirkmeyer, Mr. Barker stated the R-4 portion of the application
can be split off and denied since the effect is less than what was published in the notice.
Monica Mika, Director of Planning Services, stated if the R-4 portion of the application is
denied, USR#860 will still be in effect, as well as four estate lots. In response to Commissioner
Kirkmeyer, Ms. Mika agreed USR#860 will need to be vacated as a Condition of Approval;
however, the structure will still remain. Mr. Barker added the applicant must agree before the
application can be changed. In response to Commissioner Geile, Mr. Patton stated the PUD
does not require residences to be hooked to public sewer, and added the State and Weld
County Health Departments approve of this system; however, the R-4 zoning does require a
public sewer hook-up. Responding to Commissioner Geile, Mr. Patton stated this facility is
classified as a public sewer facility, therefore it meets the R-4 zoning requirements. Chair Hall
expressed concern with dividing the application because the four Estate lots are only 1 acre or
less and would require public sewer service. He stated he has concerns regarding the
continued maintenance of the facility and the financial burden it will place on the four residents
of the estate lots. Responding to Commissioner Kirkmeyer, Chair Hall stated the four lots do
not qualify for the 2.5 acres required to have a private septic system. He added further
development needs to be located near a municipality and approval will make a bad situation
worse. Commissioner Vaad stated this proposal will create an island of high density housing.
He added the previous residents were mentally disabled and wandered from the grounds, the
new residents will not be controlled in any way, and they will have children living near a
hazardous pond and road.
Commissioner Vaad moved to deny the request of William Harper for Change of Zone#521
from A (Agricultural) Zone District to PUD (Planned Unit Development) Zone District to create
four (4) E (Estate) zoned lots and one (1) R-4 (Multi-family) zoned lot. Commissioner
Kirkmeyer seconded the motion, and added this application proposes a high density
development in an agricultural area which will have an impact on the surrounding property
owners. She asked that the motion be amended to Find that the application is not consistent
with the Comprehensive Plan as required by Sections 6.4.4.6.1 through 6.4.4.6.5 stating the
proposed uses will not conform to the Performance Standards of the Zoning Ordinance,
specifically Sections 2.6 and 2.20; the application is for an urban-scale development in an
agricultural area and is not compatible with the existing or future development of the
surrounding area; there is not evidence of an adequate sewer service considering the previous
history of the facility and the proposed maintenance by a Homeowners Association; and that
the street or highway facilities are not adequate since Weld County Road 32 does not have
shoulders, there is already heavy traffic without the addition of approximately 150 vehicles per
day, and State Highway 66 at the intersection of Weld County Road 13 is not adequate to meet
the current traffic requirements and is considered a high hazard area. Commissioner Baxter
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commented the applicant has tried to address some difficult problems with the property;
however, this application does not adequately meet the standards previously discussed.
Commissioner Geile, stated his main concern is with the lack of evidence of an adequate water
supply, and the ability of the system to meet the demands of the area, and added the proposed
use is significantly different than the original use and will have a large impact on the
surrounding community. The motion carried unanimously. Chair Hall called for a recess
until 1:30 p.m.
This Certification was approved on the 28th day of April, 1999.
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APPROVED:
ATTEST: / $1 i ' ` BOARD OF COUNTY COMMISSIONERS
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Weld County Clerk to the •
BY: c�QQ K. Hall, Chair
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Deputy Clerk to the Bo 1`® 'cx,o�P4. �% Al( - A ioh
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DOCKET#99-22
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990985
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF APRIL, 1999:
DOCKET#99-22 - WILLIAM HARPER
DOCKET#99-24 - SAND LAND, INC., % PASQUALE AND JACQUELINE VARRA
PLEASE Iegibky 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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EXHIBIT INVENTORY CONTROL SHEET
Case USR#521 -WILLIAM HARPER 1 THOMAS LAKE PUD
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)
D. Clerk to the Board Notice of Hearing
E. Ray and Karen Edmiston Letter of concern (04/14/99)
F. Gene and Donna Wagy Letter of opposition (04/26/99)
G. Arvid Fiechtner Letter of concern (04/26/99)
H. John Donley, attorney Petitions in opposition
I. John Donley Testimony notes
J. John Donley Two photographs
K. Planning Staff BOCC Resolution #881146 for USR#860
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