HomeMy WebLinkAbout20173006.tiffHEARING CERTIFICATION
DOCKET NO. 2017-74
RE: CHANGE OF ZONE, PUDZ17-0004, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR TWELVE (12)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES WITH 4.6 ACRES OF
OPEN SPACE - UNION FARMS DEVELOPMENT, LLC
A public hearing was conducted on September 20, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
le I hereby certify that pursuant to a notice dated August 17, 2017, and duly published
August 22, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request
of Union Farms Development, LLC, for a Change of Zone, PUDZ17-0004, from the A (Agricultural)
Zone District to the PUD (Planned Unit Development) Zone District for twelve (12) residential lots
with E (Estate) Zone District Uses with 4.6 acres of open space. Bob Choate, Assistant County
Attorney, made this a matter of record.
El Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated staff sent out 21 referrals and 16 either did not respond or indicated no concerns. She
described the site in relation to relevant county roads. Ms. Aungst explained the applicant's
requests for a waiver to allow the smaller lots and for a sign variance to allow a larger sign. She
reported receiving one letter of objection citing concerns regarding a potential negative impact to
the environment and water table with 12 additional septic systems, and the lack of drainage due
to there being no ditch on the south side of the property. Ms. Aungst stated the Starbird Ditch
Company did not contribute a referral response; however, due to these concerns, staff is requiring
an updated drainage report, and stipulating the site is required to retain natural flows and release
at the historic rate. Ms. Aungst reported the site to be located within the three (3) mile referral
area of the Towns of Mead and Firestone, the City of Longmont and Boulder County, and the
Intergovernmental Agreement area of the Town of Mead, and she reviewed the referral responses
from these jurisdictions. She explained septic systems were a necessity due to connecting to
public sewer being too costly. She displayed images of the site and surrounding views and
entered the favorable recommendation of the Planning Commission into the record as written.
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Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated the applicant needs to work with the Colorado Department of
Transportation (CDOT) for an Access Permit off of State Highway 66. In response to
Commissioner Kirkmeyer, Chair Cozad stated the Access Control Plan is in the beginning stages.
Commissioner Conway stated the technical committee met last month and the Board will receive
an update this Friday.
• Hayley Balzano, Planning Services Engineer representative, stated the design of the on -site
roadway appears to comply with Code requirements and, at final plan submittal, the roadway
design information will need to be shown on the utility map and a construction schedule will be
required. She clarified that prior to recording the final plan, an Improvements Agreement will be
required for on -site improvements. She reported the applicant has submitted a preliminary
drainage report stating they are unable to attain the 72 -hour release time that is required by both
the Colorado Division of Water Resources and Weld County; therefore, the applicant is submitting
a variance request for a release rate to include the most recent data. Ms. Balzano mentioned a
surrounding property owner (SPO) cited concerns regarding the pond turning natural sheet flow
into a one point release and also regarding the rate of release. She explained there are some
pre-existing issues in the area and that she has been in communication with the aforementioned
SPO and she offered to display site photos related to drainage. Ms. Balzano reviewed the typical
Development Standards. In response to Chair Cozad, Ms. Balzano explained the irrigation ditches
in the area.
• In response to Commissioner Kirkmeyer, the Board, staff and Counsel discussed waivers
related to a PUD and the Specific Development Guide regarding lot variance. Ms. August stated
she included the waiver requests in the staff report and there will be a note on the plat regarding
the lot size.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating Longs Peak Water District will provide water service and sewer will be provided
for with septic systems. She reviewed the Conditions related to Environmental Health.
• Andrew Batson, applicant, provided a PowerPoint presentation, marked Exhibit D, and
stated the PUD sets the guidelines in the Specific Development Guide and he chose the E (Estate)
Zoning as a guideline which works for everything except the lot size and the sign. He reviewed
the drainage concerns and stated they want to work with their engineer, staff and the SPO and
make the drainage better. Mr. Batson described the surrounding property uses and described his
development as a transition area between the City of Longmont and the Town of Mead. He
displayed a slide of a sample house and reiterated the reasons for choosing septic over sewer.
Mr. Batson further stated Kerr-McGee provided a letter stating a Surface Use Agreement is not
required. He explained he wants to be a good neighbor and has contacted the adjacent neighbors
to attempt to put in a ditch to address drainage issues. Mr. Batson explained the sign design and
described meetings with CDOT regarding the access.
• Monica Baldwin, neighbor to the south, expressed her concerns related to drainage, the
detention pond, undocumented wastewater tiles, water release rates and too many unknowns in
light of the proposed development. She requested the Board continue the matter until these
concerns are addressed properly.
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In response to Commissioner Conway, Ms. Baldwin stated they met with the applicant and
would like to be good neighbors and there is another neighbor impacted by potential drainage
problems and she clarified they want the developer to be responsible for the costs of the changes.
She stated she did not know how long to request for a continuance.
• Mr. Batson stated he has met with the geo-technical engineer about the possibility of the
drainage tiles and, if they are present, they plan to re-route the water around them. He expressed
his appreciation for Ms. Balzano coming out to the site and he explained the existing problems
with historic water flow and insisted he is committed to fixing the existing conditions by putting a
drainage ditch or pipe along those impacted properties.
• In response to Commissioner Conway, Mr. Batson confirmed he was made aware of this
problem two days before Planning Commission and he has been working with the Baldwins but
has not been able to get in touch with the other adjacent neighbor. He stated because it is not his
property, he needs to get their permission to have a surveyor get the plans in place.
El In response to Commissioner Kirkmeyer, Mr. Batson described the communication timeline
with the neighbors. Commissioner Kirkmeyer mentioned the report from the Planning Services
Engineer referral and he stated upon receipt, he met with his engineer and it appeared they were
meeting the requirements; however, he met with the neighbors and walked the property and
agreed to commit to the ditch or pipe to alleviate their concerns with drainage runoff.
• In response to Chair Cozad, Ms. Balzano stated she is requesting a final drainage report
with the final plat; however, there have been changes in the values between the preliminary sketch
and the COZ which has been cause for discussion. Ms. Balzano clarified the requirements for the
final drainage report and stated her reasons for on -site improvements and stated maintenance
needs to be addressed in the drainage report clarifying who will maintain and how often it will be
inspected. She further stated off -site improvements need to be addressed in the Improvements
Agreement with Collateral to ensure the drainage pipe is installed and maintained. Chair Cozad
interjected staff needs to know if stormwater is being released to the barrow ditch. Commissioner
Kirkmeyer stated her concerns regarding potential damage to the Baldwin's property or even
washing out the road. Ms. Balzano reviewed the release rates in question. After further
discussion, Chair Cozad reviewed the difference between the current undeveloped land and the
effort being made through the development to release below the requirement.
• Mike McGoldrick, Engineer, Matrix Design Group, explained the detention plan and release
rates as significantly below the 100 -year storm. He further explained how the situation will be
improved along with the proposed ditch along the south to make it even better.
• Commissioner Kirkmeyer asked why these issues were not cleared up in June when the
applicant was made aware of these problems. Chair Cozad expressed her agreement and stated
her frustration regarding these issues not being addresses prior to today.
El Mr. Choate stated the options if the Board finds insufficient information to approve as a
Specific Development Guide. He offered the Board could approve it as a Conceptual Guide or
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they could continue the matter. Chair Cozad stated her agreement with that suggestion because
there are still questions regarding drainage and the CDOT access.
Commissioner Kirkmeyer suggested a change to the findings on #2.B.1 to delete the third,
fifth, sixth, seventh and eighth sentences. She further requested an amendment to Condition of
Approval (COA) #1.E.3 to read, "The sign requirements delineated in Chapter 23, Article IV,
Division 2 and Appendices 23-C and 23-D, shall be adhered to." Commissioner Kirkmeyer
suggested COA #1.B be deleted because a Surface Use Agreement is not necessary. The Board
agreed.
El After further discussion, the Board agreed to the removal of COA #1.D.4 to be moved under
a new COA #2, to read, "The Final Plat application shall include the following:", and to include as
subcategories with the following requirements, to read, "A. The applicant shall provide an updated
Preliminary Final Drainage Report and Release Rate Variance Request stamped and signed by
a Professional Engineer registered in the State of Colorado. B. The Final Plat shall include an
approved CDOT access permit. C. A Draft On -Site and Off -Site Improvements Agreement. And
D. The applicant shall provide documentation of any necessary easements or agreements to
convey drainage." The Board further added a new COA #3, to read, "The Final Plat shall be
reviewed by the Board of County Commissioners at a public hearing". Chair Cozad stated the
addition of COA #2.A allows for the deletion of COA #1.C. The Board agreed.
Mr. Choate suggested an amendment to Findings #2.A.1, deleting the third and fifth
sentences. The Board agreed. He further suggested amending Findings #2.H, to change the third
sentence to read, "The submitted Development Guide accurately reflects the consistency with the
performance standards and allowed uses described in the proposed zone district."Commissioner
Kirkmeyer added a fourth sentence to #2.H, to read, "The Change of Zone is approved as a
Conceptual Development Guide."
• Chair Cozad reviewed the changes for the applicant.
• In response to Chair Cozad, Mr. Batson indicated he has reviewed, and agrees to abide by,
the Conditions of Approval, as amended.
• Commissioner Kirkmeyer moved to approve the request of Union Farms Development, LLC,
for a Change of Zone, PUDZ17-0004, from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for twelve (12) residential lots with E (Estate) Zone District Uses
with 4.6 acres of open space, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as amended and entered into the record. The
motion was seconded by Commissioner Freeman. Commissioner Conway encouraged the
applicant to work with the neighbor. There being no further discussion, the motion carried
unanimously and the hearing was completed at 11:59 a.m.
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HEARING CERTIFICATION - UNION FARMS DEVELPOMENT, LLC (PUDZ17-0004)
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This Certification was approved on the 25th day of September, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORAIO
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Weld County Clerk to the Board
BY .
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County ttorney
Date of signature: to ( t(o 1 t7
Julie A„ ozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
� i e Freeman
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arbara Kirkmeyer
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