HomeMy WebLinkAbout992320.tiff HEARING CERTIFICATION
DOCKET NO. 99-54
RE: CHANGE OF ZONE #527 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) DISTRICT TO CREATE FIVE(5) E(ESTATE)ZONED
LOTS - TOM AND MARGARET RUSSELL, CURRENT OWNER KAREN LIBIN, % LINN
LEEBURG
A public hearing was conducted on September 15, 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, Eric Jerman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 1, 1999, and duly published
September 4, 1999, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Tom and Margaret Russell, % Linn Leeburg for Change of Zone #527 from the
A (Agricultural) Zone District to a PUD (Planned Unit Development) District to create five (5)
E (Estate)zoned lots. Lee Morrison,Assistant County Attorney, made this a matter of record. Eric
Jerman, 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
submitted Exhibits F through 0, and stated this application is for five Estate lots ranging from 4.8
to 8.6 acres, which will be accessed by Peak Lane from Fir Avenue in Carmacar Ranchettes
Subdivision. Mr. Jerman stated approximately sixteen percent of the site will be designated as
open space, water will be provided by the Left Hand Water District, and each lot will have a septic
system. He gave a brief description of the location of the site, stated nine referrals responded in
favor of the application, and the Town of Erie indicated the request complies with its
Comprehensive Plan. Mr. Jerman stated the application materials are in compliance with the Weld
County Zoning Ordinance, the site is not located within an Urban Growth Area, it is not an urban
scale development, and the Right to Farm Covenant will be recorded on the plat. Mr. Jerman
further stated adequate water and sewer services can be made available, and domestic water and
water for fire protection will be provided by the Left Hand Water District. He stated the Public
Works Department has indicated the streets are adequate; however, specific guidelines for
constructing the roads have been included in the Conditions of Approval. Mr. Jerman stated the
applicant has not submitted a landscaping plan. In response to Mr. Morrison, Mr. Jerman stated
the current owner, Karen Libin, does not have a letter of conveyance with her today indicating the
property has been sold; however, she will provide it. In response to Commissioner Geile, Trevor
Jiricek, Department of Public Health and Environment, stated the proposed septic systems will
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HEARING CERTIFICATION - TOM AND MARGARET RUSSELL, CURRENT OWNER KAREN
LIBIN, % LINN LEEBURG (COZ#527)
PAGE 2
exceed Weld County's policy. Responding to further questions from Commissioner Geile, Don
Carroll, Department of Public Works, stated the Stormwater Drainage Study has been requested
but not yet received, and there is no agreement or easement with the Erie Ditch Company.
Responding to Commissioner Kirkmeyer, Mr. Jerman stated the Stormwater Drainage Study was
requested by the Public Works Department on June 23, 1999, and the Landscape Plan was
requested prior to the Planning Commission hearing. In response to Commissioner Geile, Mr.
Jerman stated one soil analysis study will be required for the entire site, and added that although
he did not discuss the low water pressure concern, Left Hand Water District has entered into a
service agreement which should ensure adequate water is available.
Linn Leeburg, stated some of the documents in question are not required until the final plan stage.
He stated the applicant will supply the specific development guide in conformance with the Planned
Unit Development Ordinance. He explained prior to the Final Plan submittal, Peak Lane will be
relocated 125 feet south of the current mapped location; the proposed building envelopes will be
slightly readjusted to address concerns expressed by surrounding property owners; and the
Landscaping Plan, property deed, which was finalized as of September 9, 1999, and the
Stormwater Drainage Study will be submitted. Mr. Leeburg explained the property drains from the
southwest to the northeast following historical patterns, the ditch companies will not be impacted,
and although soil tests were conducted last February, more testing will be completed in order to
obtain building permits and septic permits. He stated surrounding property owners have expressed
concerns regarding the effect the development will have on water pressure and traffic; however,
representatives from the Left Hand Water District have indicated there is adequate water pressure
and capacity for the entire area, and he stated this development will cause minimal impacts to the
traffic. In response to Commissioner Geile, Mr. Leeburg stated the applicant intends to abandon
two ditch laterals located on the property and any stormwater drainage which flows into the existing
ditches will be addressed in the Stormwater Drainage Study, and the Ditch Agreement regarding
abandonment of the laterals will be submitted as part of the Final Plan. He further stated the
covenants and Homeowners'Association must be established and in place before any of the lots
can be sold; the applicant has been advised to restrict surrounding property owners from using the
trails due to liability issues; and the internal roads will be gravel. Commissioner Geile commented
the Right to Farm Covenant needs to be included on the plat due to a biosolids operation in the
surrounding area. Responding to Commissioner Kirkmeyer, Mr. Leeburg reiterated the residents
will access the development through Carmacar Ranchettes Subdivision, and it is likely the
construction traffic will need to enter the same way. Responding to Commissioner Baxter, Mr.
Leeburg stated flow tests will be conducted to determine whether sprinklers are required.
Chester Haun, surrounding property owner, stated the pressure test was taken at the main line,
and he feels the water pressure should be retested on the lateral to the development to get a more
adequate indication of what the water pressure will be. Mr. Haun stated the applicant has been
very open and cooperative while planning the development.
Charles Ballard, surrounding property owner, stated Mountain View is a more convenient route to
the development and will likely be used by the construction traffic. Mr. Ballard expressed concern
regarding the existing dust problem and the fact that large trucks and additional traffic will only add
to the problem. He requested the dust be abated during the construction phase.
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HEARING CERTIFICATION - TOM AND MARGARET RUSSELL, CURRENT OWNER KAREN
LIBIN, % LINN LEEBURG (COZ#527)
PAGE 3
Upon rebuttal, Mr. Leeburg stated he feels the farming activities surrounding the development
generate more dust than the traffic on the roads. He reiterated this will be a low-density
development and the construction traffic will be minimal because only one or two lots will be under
construction at any one time. Responding to Commissioner Kirkmeyer, Mr. Leeburg stated under
the water service agreement, the developer must use all five taps within five years or lose the plant
investment contribution. In response to Commissioner Kirkmeyer, Mr. Jerman stated the applicant
is discussing the Road Improvements Agreement with the Department of Public Works; however,
it is not required until the Final Plan phase. Commissioner Kirkmeyer stated due to existing dust
concerns in the Carmacar Ranchettes Subdivision there needs to be dust abatement during the
construction stage of the development. Mr. Carroll stated construction equipment will access the
site along Spruce Drive. To address concerns of the Board, Mr. Jerman suggested Condition of
Approval #2.0 be added to state, "The applicant shall enter into a Road Maintenance and
Improvements Agreement with the Department of Public Works. Evidence of the approved
agreement shall be submitted to the Department of Planning Services." Commissioner Kirkmeyer
expressed concern with Condition of Approval#2.A and stated it should be amended to replace the
word "study" with "plan" to ensure drainage and runoff do not exceed the historical level.
Commissioner Geile commented the issue of drainage also needs to be addressed in an
agreement with the ditch company. Commissioner Kirkmeyer also stated Condition of Approval
#3.A.1 should be amended by deleting the words "new" and "currently."
Commissioner Kirkmeyer referred to Section 9 of the water service agreement, marked Exhibit K,
and expressed concern as to whether there is actually water available for the site. She stated
Condition of Approval#3.A.9 needs to be corrected to state the center line for Peak Lane shall be
moved approximately 125 feet to the south. In response to Commissioner Kirkmeyer, Mr. Morrison
stated the Left Hand Water District does not want to be responsible for guaranteeing water
pressure; however, the Board can require further pressure testing. He further stated the
responsibility of providing adequate pressure to the site is the responsibility of the Water District
because it will be paid for the service. Mr. Jerman stated the General Manager of the Left Hand
Water District has indicated that there should be no problem with the water pressure or service.
Commissioner Baxter commented the Water District is responsible for meeting the requirements
detailed in the water service agreement. In response to Commissioner Kirkmeyer, Mr. Morrison
stated the issue of whether mobile and manufactured homes will be allowed in the development
will be addressed in the covenants; however, it is not appropriate for the Board to determine the
type of construction allowed. Commissioner Geile stated the issue was addressed by the
applicant's representative in a letter dated September 9, 1999, stating that mobile and
manufactured homes will not be allowed. Mr. Morrison stated the applicant has submitted a
conceptual plan, not a detailed plan, therefore, it may not be appropriate for staff to approve the
Final Plan. Responding to Commissioner Baxter, Mr. Leeburg stated the applicant requested the
Final Plan be reviewed by staff because it appeared to be a simpler process. In response to Chair
Hall, Mr. Leeburg stated he and the applicant have reviewed the Conditions of Approval and
Development Standards, as well as the discussed changes. He stated the applicant would prefer
they not be responsible for controlling dust that is not caused by the development. Chair Hall
stated the Road Improvements Agreement will address the increase of dust but will not require the
applicant to correct the entire situation as it exists.
992320
PL1323
HEARING CERTIFICATION - TOM AND MARGARET RUSSELL, CURRENT OWNER KAREN
LIBIN, % LINN LEEBURG (COZ#527)
PAGE 4
Commissioner Geile moved to approve the request of Tom and Margaret Russell, current owner
Karen Libin, % Linn Leeburg for Change of Zone#527 from the A (Agricultural) Zone District to a
PUD (Planned Unit Development) District to create five (5) E (Estate) zoned lots, 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 with the addition of Condition of
Approval #2.0 to state, "The applicant shall enter into a Road Maintenance and Improvements
Agreement with the Department of Public Works. Evidence of the approved agreement shall be
submitted to the Department of Planning Services," amend Condition of Approval#2.A to replace
the word "study" with "plan," delete the words "new" and "currently" from Condition #3.A.1, and
correct Condition #3.A.9 to replace "100"' with "125 feet." The motion was seconded by
Commissioner Baxter, and it carried unanimously. In response to Mr. Jerman, the Board indicated
the Final Plan will be reviewed by the Board of Commissioners.
This Certification was approved on the 20th day of September, 1999.
APPROVED:
ATTES ami? BOARD OF COUNTY COMMISSIONERS
A � in.�4 / WELD COUNTY, COLORADO
f:�e S- t - to the Board EXCUSED DATE OF APPROVAL
r? 1. ' Da K. Hall, Chair
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P I Lt : � the Board� � �� � Barbar J. Kirkmeye , Tem HMV _et
George xter
DOCKET#99-54
M. J Gei e
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Glenn Vaad=-
992320
PL1323
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF SEPTEMBER, 1999:
DOCKET#99-54 - TOM AND MARGARET RUSSELL, % LINN LEEBURG
DOCKET#99-58 - SHILOH, INC., % JAMES SCOTT, JR.
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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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#527 - TOM AND MARGARET RUSSELL
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 07/20/99)
D. Clerk to the Board Notice of Hearing
E. Chester and Margaret Haun Letter of Concern (09/13/99)
F. Planning Staff Memorandum re: exhibits (09/5/99)
G. Planning Staff Memorandum re: Planning Commission
Resolution changes (09/02/99)
H. Public Works Staff Memorandum re: Road Maintenance
Agreement (08/23/99)
Leeburg and Associates Letter requesting review of Final Plan by
staff (09/07/99)
J. Leeburg and Associates Memorandum re: Exclusion of Mobile and
Manufactured Home from the plat
(09/09/99)
K. Leeburg and Associates Letter from Left Hand Water District re:
Service Agreement (09/10/99)
L. Leeburg and Associates Letter and Subdivision/Multiple Tap Service
Agreement
M. Mr. and Mrs. Donald Crutchley Letter of request (07/26/99)
N. Francis and Norma Walsh Letter of concern (07/20/99)
O. Leeburg and Associates Letter re: Correction to Planning
Commission Minutes (09/07/99)
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