HomeMy WebLinkAbout991533.tiff HEARING CERTIFICATION
DOCKET NO. 99-38
RE: APPROVE CHANGE OF ZONE #525 FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO A PUD (PLANNED UNIT DEVELOPMENT) DISTRICT FOR 9 LOTS WITH
AGRICULTURAL AND ESTATE USES -MARK AND JACKIE EBERL,c/o TODD HODGES
DESIGN, LLC
A public hearing was conducted on June 23, 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, 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 June 9, 1999, and duly published June 12, 1999,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Mark and
Jackie Eberl for Change of Zone#525 from the A (Agricultural) Zone District to a PUD (Planned
Unit Development) District for 9 lots with Agricultural and Estate uses. 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 unfavorable recommendation of the
Planning Commission into the record as written. Mr. Patton gave a brief description of the 108-acre
parcel, which is proposed to create eight 2.5-acre estate lots and one 63-acre agricultural lot, and
stated the internal road and cul-de-sac will meet the requirements of the Weld County Public Works
Department and Mountain View Fire Protection District. He further stated six of the seven referrals
responded favorably to the proposal; however, the Town of Mead indicated opposition and interest
in annexing the site. Mr. Patton stated although the site is located adjacent to the Town of Mead's
incorporated boundary, there are no urban services available and it is not located within Mead's
Urban Growth Boundary. He further stated Department of Planning Services staff feels that the
application proposes an urban-scale development outside of an Urban Growth Boundary, and it
does not comply with the Agricultural Zone District, Comprehensive Plan, or Planned Unit
Development Ordinance. Mr. Patton stated if the Board moves to approve the application,
Condition of Approval#4.A has been fulfilled and should be deleted, and Condition of Approval#9
should be moved to become Condition of Approval #4.D.12. Mr. Patton requested that, if the
Change of Zone is approved, the Board review the Final Plan since staff is recommending denial.
In response to Chair Hall, Mr. Morrison stated Commissioner Vaad is a surrounding property
owner, and although he does not feel there is a conflict of interest, it does give the appearance of
a conflict if approval or disapproval will affect his property. In response to Chair Hall, Mr. Vaad
stated there was a community meeting conducted; however, he did not attend. Commissioner
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HEARING CERTIFICATION - MARK AND JACKIE EBERL, `/o TODD HODGES DESIGN, LLC
(COZ#525)
PAGE 2
Kirkmeyer agreed that there is the possibility that Commissioner Vaad's property value will be
affected and there is the appearance of a conflict of interest. Responding to Chair Hall, Mr.
Morrison stated if Commissioner Vaad recuses from the hearing and there is a tie vote, he will not
be able to break the tie and there will be no vote. Following the discussion, Commissioner Vaad
decided to recuse from the hearing. Commissioner Baxter agreed with Commissioner Vaad's
decision due to the opposition against the proposal. In response to Commissioner Geile, Mr.
Patton stated the adjacent developments are located within the Town of Mead and use septic
systems, and the site is located one-half mile south of Mead's Urban Growth Boundary and three-
quarters of a mile from sewer services.
Todd Hodges, Todd Hodges Design, LLC, represented the applicant and reiterated that the
application proposed eight 2.5-acre lots and one 63-acre agricultural lot with a building envelope
located adjacent to Lot 8 to keep development consistent, a 10-acre lake as part of the common
open space, and an access located on the west side of Lot 2 to be used by the Fiire Protection
District for an emergency access and to access the lake. He further stated that the layout of the
development maintains the view corridor and the applicant chose to use the Planned Unit
Development process which provides more flexibility and variety. Mr. Hodges indicated that the
only concern Planning Services staff has with this proposal is the noncompliance with Section
6.4.3.1.1 of the Comprehensive Plan. He stated although Urban Growth Boundary Goal 2 requires
the development to be located adjacent to a municipality, the applicant is proposing a paved interior
road, the applicant owns and maintains the agricultural lot which provides passive open space, the
proposal, if developed through the Town of Mead, will be required at a higher density, and the
Conditions of Approval address any concerns. Mr. Hodges stated the proposal is very consistent
with the surrounding developments, and in response to Commissioner Baxter, he added that sewer
is not proposed for this area and the St. Vrain Water District is located three miles away.
Commissioner Kirkrneyer referred to the Comprehensive Plan Urban Growth Boundary Map#1 and
stated the water district is located one-half mile from the site. Mr. Hodges clarified sewer services
are planned for the area; however, they will not be available for some time. In response to
Commissioners Geile and Kirkmeyer, Mr. Hodges clarified density classifications on the Mead
Comprehensive Plan Land Use map, stated he is not sure how Mead determined the density
categories, and briefly described the size of surrounding developments. Responding to
Commissioner Baxter, Mr. Hodges stated the applicant conducted site specific tests at each of the
building envelopes to ensure they meet the minimum level to groundwater requirements. Trevor
Jiricek, Department of Public Health and Environment, stated the minimum depth is four feet. Mr.
Hodges stated the applicant has agreed to designate additional setbacks,the Colorado Department
of Water Resources reported that surrounding water rights will not be affected, and a second
envelope will be designated on the plat for the location of a second septic system if the first system
fails. He further stated the streets and accesses exceed the typical requirements and the Public
Works Department has no concerns. Mr. Hodges stated the applicants have shown their
willingness to improve the site, they own all of the minerals on the site, and any remaining concerns
will be addressed by the Conditions of Approval. He further stated the proposal complies with
Mead's Comprehensive Plan; however,the Town responded unfavorably because it wants to annex
the area. Mr. Hodges requested the Final Plan be reviewed by Planning Services staff because
there will be minimal changes, if any, and the applicant agrees with the Conditions of Approval as
presented and with the discussed changes.
991533
PL1311
HEARING CERTIFICATION - MARK AND JACKIE EBERL, % TODD HODGES DESIGN, LLC
(COZ#525)
PAGE 3
In response to Commissioner Baxter, Mr. Hodges confirmed the internal street will be paved and
a dust suppressant will be applied to Weld County Road 32. Mr. Patton clarified Mead maintains
Weld County Road 32 up to the bridge crossing the Highland Ditch. In response to Commissioners
Kirkmeyer and Baxter, Don Carroll, Department of Public Works, stated Mead applies a dust
suppressant to the west end of Hunters Ridge and the Conditions of Approval require the applicant
to continue from there and apply a dust suppressant at least twice a year to the portion of Weld
County Road 32 adjacent to the site. He further stated the traffic counts indicate that traffic is
traveling east from the existing development to Weld County Road 7, and Weld County Road 5 is
paved between Weld County Roads 30 and 36. Commissioner Baxter commented the applicant
should apply a suppressant all the way to Weld County Road 5; however, Mr. Hodges clarified this
is an additional distance of one-half mile. In response to Chair Hall, Mr. Hodges displayed an aerial
photograph marked Exhibit I, and stated the applicants intend to apply a dust suppressant from the
west edge of the property to the ditch. He further stated the applicants will live on and maintain the
agricultural lot which is required to remain as part of the Conditions of Approval. In response to
Commissioner Geile, Mr. Hodges stated a riding stable was included in the preliminary plan;
however, the applicant decided not to include one in the Change of Zone. Responding to further
questions from Chair Hall and Commissioner Geile, Mr. Hodges stated the covenants will include
the Right To Farm Covenant on the plat, any removal of wetland area will have to be permitted, and
the permit will provide for better maintenance of the lake which is part of the open space. He
explained the property will drain into the lake as shown in the Drainage Plan.
In response to Commissioner Geile, Mark Eberl, applicant, stated the Highland Ditch is
approximately ten to twelve feet wide and four to eight feet deep. He added there will be a trail
around the lake to be used for recreational purposes and he had not considered barricades along
the ditch and railroad for safety since there have not been any dangerous situations occur with his
family in the past. Responding to Commissioner Baxter, Mr. Eberl stated the lake is supplied by
the ditch and drained for on-site irrigation, and any flooding occurs on the southwest corner of the
agricultural lot and continues until it reaches the St. Vrain River. Mr. Morrison recommended the
Board consider including a Condition of Approval requiring a conservation easement be established
to ensure that the agricultural lot is not further developed in the future if the property is annexed.
Mr. Eberl stated he has no concern with a conservation easement as long as there is a time limit
and it is not conditional on the property owners of the remaining eight lots. In response to
Commissioner Geile, Mr. Morrison stated that because this development is being advertised to
consist of both estate and agricultural uses, the agricultural lot must remain in place for the site to
be marketed as a rural development. Chair Hall commented that a limited conservation easement
indicates the applicant's intent to keep the site rural in nature. In response to Mr. Hodges, Mr.
Morrison stated the conservation easement would be a separate document from the Use by Special
Review Permit and will not affect the development process or the other lots. Responding to
Commissioner Baxter, Mr. Morrison clarified that the Planned Unit Development process allows for
flexibility and the uses are defined by the Board and are individual to each development. In
response to Mr. Eberl, Mr. Morrison stated there is a State statute requiring that if sewer services
become available, the property owner is required to connect to them; however, if a suitable septic
system is in place, the statute can be waived.
No public testimony was offered concerning this matter.
991533
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HEARING CERTIFICATION - MARK AND JACKIE EBERL, % TODD HODGES DESIGN, LLC
(COZ#525)
PAGE 4
In response to Commissioner Kirkmeyer, Mr. Patton reiterated that the internal road will be paved
and requested that last sentence of Condition of Approval#6 be amended to state, "In addition, the
Improvements Agreement shall include provision for adequate dust suppressant at least twice a
year for that portion of Weld County Road 32 which fronts the proposed PUD and extends east to
the incorporated boundary of the Town of Mead." Responding to Commissioner Kirkmeyer, Mr.
Morrison stated a new Condition of Approval #8 could be inserted to state, "The Final Plan shall
include a conservation easement limiting the development of the agricultural lot for a period not
less than ten years." In response to Commissioner Geile, Commissioner Kirkmeyer commented
there are goals and policies which apply both positively and negatively to this case and the Board
must determine if the proposal meets the intention of those goals and policies as a whole.
Commissioner Kirkmeyer moved to approve the request of Mark and Jackie Eberl for Change of
Zone #525 from the A (Agricultural) Zone District to a PUD (Planned Unit Development) District
for 9 lots with Agricultural and Estate uses, with the Conditions of Approval and Development
Standards as entered into the record, and delete Condition of Approval #4.A, amend the last
sentence of Condition #6 regarding the placement of dust suppressant, add a new Condition of
Approval #8 regarding the conservation easement as proposed by staff, move Condition of
Approval#9 to become#4.D.12, and to delegate authority to the Department of Planning Services
staff to review the Final Plan. The motion was seconded by Commissioner Baxter. In response
to Commissioner Baxter, Mr. Patton stated staff is requesting the Board review the Final Plan due
to its recommendation of denial. Commissioner Kirkmeyer commented that this is not a
controversial case and can be handled administratively. The motion carried unanimously.
This Certification was approved on the 28th day of June, 1999.
APPROVED:
ATTEST: lief BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
Weld County Clerk to t O '��1
�.� �.� �1 Dale �K.. Hall, Chair/
BY: (Weed-e4) . • .ice _ : - a ' - ir Deputy Clerk to the
IS�� Barbara J Kirkmeyer,'Pro-Te
TAPE #99-22 T
eorge r
DOCKET#99-38 0
J. eile
RECUSED
Glenn Vaad
991533
PL1311
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#525 - MARK AND JACKIE EBERL
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. Todd Hodges Letter to proceed and Letter from Office of
State Engineer (04/21/99)
F. Paul Hoffman Letter of support (06/10/99)
G. George and Denise Geddis Letter (E-mail) of concern (06/22/99)
H. Todd Hodges Overhead transparency of Town of Mead
Comprehensive Plan Land Use Map
Todd Hodges Aerial Map
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF JUNE, 1999:
DOCKET#99-39 - JACK WALKER
DOCKET#99-38 - MARK AND JACKIE EBERL
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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