HomeMy WebLinkAbout20190038.tiffHEARING CERTIFICATION
DOCKET NO. 2019-06
RE: CHANGE OF ZONE, PUDZ18-0002, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES ALONG WITH 5.916
ACRES OF OPEN SPACE - DAVID KEISER AND HARRY STROHAUER
A public hearing was conducted on January 9, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Chris Gathman
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated November 16, 2018, and duly published
November 21, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of David Keiser and Harry Strohauer, for a Change of Zone, PUDZ18-0002, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9)
residential lots with E (Estate) Zone District uses along with 5.916 acres of open space. Frank
Haug, Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated the applicant is proposing a nine (9) lot Plan Unit Development, along with 5.916 acres
of open space. He indicated the open space consists of a buffer from County Road (CR) 50 and
a trial along the perimeter of the site. He mentioned the applicant was requesting a waiver from
the 15% open space requirement, which is required for PUDs considered Urban Scale
Development. He further defined an Urban Scale Development and indicated the site is located
within the boundaries of the LaSalle/ Weld County Cooperative Planning Agreement (CPA), and
recently, within the Evans/ Weld County CPA, which went into effect after the application was
submitted. Mr. Gathman stated the site is proposed to be served by the Central Weld County
Water District (CWCWD) and sewage will be provided by individual septic systems. He indicated
the residential lots are proposed to adhere to the E (Estate) Zone District; the applicant is
requesting additional waivers, which was heavily discussed at the Planning Commission hearing.
He further explained the applicant requested no mobile or modular homes allowed, no more than
one (1) large animal allowed on any lot, no swine allowed, and no more than ten (10) small
animals allowed per lot. He referred to other PUD applications with animal restrictions, and asked
if the Board would like to see the animal units listed as a note on the plat, or if it should be
addressed through the covenants and be enforced by the Home Owners' Association (HOA).
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Mr. Gathman stated the applicant has agreed to adhere to the bulk requirements of the E (Estate)
Zone District, with the exception of the aforementioned items. He referred to the open space
waiver, stated the applicant is requesting 11% open space, and indicated staff is in favor of the
request and explained the reasoning. He stated the site is within the three (3) mile referral areas
of the Town of LaSalle, and the Cities of Greeley and Evans, and reiterated the CPAs it is also
within. He reviewed the referrals from the City of Greeley and the Town of LaSalle, which indicated
no concerns; however, LaSalle may want to annex in the future. He provided images of the site
and surrounding views, and stated the applicant is proposing to access off of CR 50. Mr. Gathman
indicated no phone calls or correspondence had been received from surrounding property owners
(SPO) regarding the case, stated there are existing oil and gas wells on the property, and entered
the favorable recommendation of the Planning Commission into the record as written.
12 Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the applicant is proposing a subdivision road
to intersect with CR 50 at a location approximately 12,080 feet west of CR 41. She provided
average daily traffic counts to include truck percentages and the average speed. She stated the
applicant is proposing to keep the oil and gas horseshoe location of the access; however, the
Department of Public Works is requesting closure of this access and an easement to the site
through the PUD. She reiterated the applicant's request for a waiver to the requirements of
Section 27-2-20 of the Weld County Code, which states, "All PUD developments will be served
by an internally paved road system according to County standards." She indicated the site meets
the drainage exception for residential developments, and stated a construction schedule and
utility map will be required with the Final Plan application. IR In response to Commissioner
Conway, Ms. Balzano clarified tracking control will be required if a gravel road is allowed and
indicated the site triggers the requirement for 100 feet of asphalt plus a tracking control device,
or 300 feet of asphalt. She mentioned if the applicant wanted something otherwise, it would need
to be addressed to the Board.
la Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and reiterated CWCWD will provide water, which had been approved by the Weld
County Attorney's office. She stated septic systems will provide sewer, mentioned the soils report
and indicated there may be an engineered septic system to be determined by drill test pits. She
stated her department suggested notes for the plat regarding septic, water service and dust as
COA #1.G.3-7 and indicated there were no outstanding issues with the request.
IR Sherri Lockman, Attorney, represented the applicant and provided a letter from the
non -attending applicant, Mr. Strohauer. She described four (4) outstanding issues, including
mineral interests, stated the applicant has been working with Noble Energy to ensure there are
no conflicts and requested the Board to consider Condition of Approval (COA) #1.E complete.
She further explained the applicant is not willing to give up the oil and gas access. In regard to
regarding COA #1.C, she discussed the correspondence with the Union Ditch Company, and
asked the Board also consider the condition satisfied. She reiterated the applicant's request for a
waiver regarding the pavement design found in COA #1.B and indicated Mr. Keiser would address
that more in his testimony. She referred to the letter from Mr. Strohauer, stated he owns most of
the property around the site, and additionally requested an administrative staff review of the Final
Plan.
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• Jim Gustonson, attorney for the Union Ditch Company, indicated the company has a ditch
that runs in close proximity to the site and stated they want to protect it's ability to deliver water in
the same manner it has done in the past. He referenced an agreement with the applicant, which
incorporates Colorado Law and only considers the ditch company liable for negligence in its
construction, maintenance or repair of the ditch. He reviewed the discussions with the applicant
and indicated he provided a redline version of the agreement to the applicant just prior to, but the
same day as the hearing. In response to Commissioner Freeman, Gary Alles, Ditch Board
representative, indicated on the map where the ditch is located.
▪ Mr. Alles reiterated the ditch company wants to ensure its liability is not increased by the
housing development, and requested, through the County, a signed agreement with the applicant
before it is approved by the Board. He referenced a previous case where the ditch company
requested an agreement, also prior to approval, and it did not happen.
12 Commissioner Freeman stated wherever the ditch is, the company will have the same
liability. He indicated he was not sure how the liability would change if there is a development
there. Mr. Gustonson argued there would be some situations where the ditch could harm those
living in the subdivision, and the agreement would "put them on constructive notice."After further
discussion, Mr. Haug suggested a condition to state, "the applicant stall attempt to address the
concerns of the Union Ditch Company"; however, the Board cannot change what the state of the
law is and what the rights of each party is.
• Commissioner Conway reiterated the comments of Mr. Haug and Commissioner Freeman
and further explained the right's of the ditch company. In reference to the previously mentioned
case by Mr. Gustonson regarding a Recorded Exemption near the ditch, Commissioner Conway
clarified with the applicant there had been no issues with the Recorded Exemption that had
created a problem for the ditch company.
In response to Commissioner Moreno, Mr. Alles clarified the ditch company has been
attempting to form an agreement for months.
IR Ms. Lockman indicated the applicant would be willing to review an agreement; however, they
do not see its purpose if it is included in state law. In response to Chair Kirkmeyer, Ms. Lockman
reiterated her request for the Board to consider waiving the pavement requirement, and allow the
oil and gas access to remain open. She further mentioned Mr. Keiser wanted to present his design
request and Ms. Balzono clarified there is no COA requiring the oil and gas access to be closed.
• In response to Commissioner Conway, Ms. Lockman explained the tracking control included
in the application and reiterated the request for a waiver. She further clarified it is at the Board's
discretion and restated Mr. Keiser would be proposing an alternative to the proposed tracking
control.
• David Keiser, applicant, indicated he lived in an older subdivision that he developed
approximately 11 years ago. He used the subdivision as a reference to present an alternative to
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the required tracking control. He described the access to the subdivision as an engineered dirt
road with a 25 -foot concrete pan and stated there has been no problem with tracking and little
maintenance on the dirt road. He mentioned asphalt looks great initially; however, it breaks down
and the maintenance is expensive. He provided an image of the access with the concrete pan
and reiterated his request for a waiver.
▪ Ms. Balzano stated she understood the request for the waiver; however, she indicated the
requirement is based on Chapter 12: Tracking Control Requirements. She proposed a 40 foot
concrete pan, as mentioned by the applicant, as a minimum.
• Commissioner Conway moved to waive the 15% Open Space requirement and allow 11%.
The motion was seconded by Commissioner Moreno, and it carried unanimously.
12 Chair Kirkmeyer stated her support of a waiver to allow the 40 -foot concrete pan.
Commissioner Conway moved to waive the tracking control requirements and allow a 40 -foot
concrete pan. The motion was seconded by Commissioner Freeman, and it carried unanimously.
El Chair Kirkmeyer added to the findings of Section 27-2-20, to include the Board's agreeance
with the waiver of the paved internal road and including the 40 -foot concrete pan.
▪ Chair Kirkmeyer suggested eliminating COA #1.6 and asked Ms. Balzano to provide
language as a new COA #1.F.7 to include the 40 -foot concrete pan requirement and the unpaved
road must still meet the cross section requirement of Chapter 24. The Board discussed COA #1.C
and agreed to leave the condition as written. Chair Kirkmeyer recommended deleting COA #1.E
and explained the condition is a contractional issue to be addressed between two private property
owners. Ms. Balzano stated after discussion with Mr. Gathman, she proposed to include the
previously requested language in the Finding language under#2.H.1 of the findings to be included
in the Final Plan. Chair Kirkmeyer further requested the language from Ms. Balzano for this
condition (Exhibit E).
• Chair Kirkmeyer requested clarification regarding the deletion of COA #1.G.2, whether or not
residents are allowed mobile homes. Mr. Gathman explained the current code allows mobile and
modular homes on a concrete foundation, per the E (Estate) Zone District. She clarified, if
COA #1.G.2 is deleted, the applicant would have to adhere to the standards within the E (Estate)
Zone, which includes animal unit restrictions.
Ms. Balzano proposed the language for COA #2.H.1 (Exhibit E), and the Board agreed to
delegate staff review of the Final Plan. Commissioner Freeman moved that the Final Plan be
reviewed by staff. The motion was seconded by Commissioner Conway, and it carried
unanimously.
In response to Ms. Lockman, Chair Kirkmeyer clarified without addressing the closure of the
oil and gas access, the accesses may remain as is.
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HEARING CERTIFICATION - DAVID KEISER AND HARRY STROHAUER (PUDZ18-0002)
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12 Commissioner Conway moved to approve the request of David Keiser and Harry Strohauer
for a Change of Zone, PUDZ18-0002, from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for nine (9) residential lots with E (Estate) Zone District uses
along with 5.916 acres of open space based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval as entered into the record. The motion
was seconded by Commissioner Freeman, and Chair Kirkmeyer suggested under criteria
paragraph #1.6.1, that the highlighted language in the draft resolution, "The Department of Works
is not in support of this request," is deleted and that language be added in, similar to the language
in criteria paragraph #2.H.1. The motion carried unanimously and there being no further
discussion, the hearing was completed at 11:32 a.m.
This Certification was approved on the 14th day of January, 2019.
BOARD OF COUNTY COMMISSIONERS
WD COUNTY, COLORADO
ATTEST: Cd `;
Weld County Clerk to the Board �i�
BY: te,,4u ,
Deputy Clerk to the Board
ED
County Attorney
Date of signature: 2-IZ-19
arbara Kirkmeyef, Chair
Mike Freeman, Chair Pro Tern
EXCUSED DATE OF APPROVAL
,e.t, P. Conway
4114,
*
K. James
XCUSED DATE OF APPROVAL
Steve Moreno
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