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Home My WebLink About20110472.tiff HEARING CERTIFICATION DOCKET NO. 2011-03 RE: CHANGE OF ZONE, CZ #1156, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE E (ESTATE) ZONE DISTRICT - BALMES HOMES LLC DEFINED BENEFIT, C/O GREG AND LISA BALMES A public hearing was conducted on the 16th day of February, 2011, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Michelle Martin Health Department representative, Lauren Light Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated January 7, 2011, and duly published January 12, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the request of Balmes Homes LLC Defined Benefit, c/o Greg and Lisa Balmes, for Change of Zone, CZ#1156, from the A (Agricultural) Zone District to the E (Estate) Zone District. Bruce Barker, County Attorney, made this a matter of record. Michelle Martin, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written, and indicated the location of the property. She stated the site will receive water service from the Left Hand Water District, and sewage disposal will be by septic system. She further stated the properties to the west and south are zoned E (Estate), the parcel to the east is zoned A (Agricultural), and the site is bordered by State Highway 52 to the north. Ms. Martin stated the property is within the three-mile referral areas for the City of Dacono, the Towns of Erie and Frederick, and Boulder County. She stated the City of Dacono and the Town of Erie each indicated no conflict with their interests, the Town of Frederick and Bounder County did not respond to the referral request, and staff received no correspondence or telephone calls from surrounding property owners. She stated the referral response from the Colorado Department of Transportation (CDOT) indicated there is an existing access permit. She also explained the subject parcel has been amended out of a previously approved Planned Unit Development (PUD) and the applicant is now changing the zoning to E (Estate) to allow for a single family residence. She reviewed the surrounding land uses and indicated there are no improvements on the site at this time. Heidi Hansen, Department of Public Works, stated the property has an approved access permit from State Highway 52, the proposed site map includes the necessary easements to address `( t✓'. CA , PL pup, \-� L E 2011-0472 31 //1 PL2095 HEARING CERTIFICATION - BALMES HOMES LLC DEFINED BENEFIT, C/O GREG AND LISA BALMES (CZ#1156) PAGE 2 the Utilities Coordinating Advisory Committee requirements, and there are no water quality concerns due to the large lot size, which is intended for just one single family residence. Lauren Light, Department of Public Health and Environment, stated the Left Hand Water District will provide water to the site, the average density is one septic system per 20 acres, and staff has no concerns. Responding to Chair Kirkmeyer, Ms. Martin explained that when the lot was removed from the PUD, it did not meet the minimum agricultural lot size of 80 acres; therefore, the applicant was advised to change the zoning to allow for the residential use. Responding further to Chair Kirkmeyer, Ms. Hansen confirmed the access will be shared with oil and gas activities. Greg Balmes represented the applicant and stated he would have preferred to leave the lot zoned A (Agricultural); however, the parcel is only 20 acres, which does not meet the minimum agricultural lot size. He further stated he believes a single family residence is the best use for the property. No public testimony was offered concerning this matter. In response to Chair Kirkmeyer, Mr. Balmes indicated he has reviewed, and concurs with, the Conditions of Approval, as proposed, and the final plat drawings are completed pending final approval of this hearing. Commissioner Conway moved to approve the request of Balmes Homes LLC Defined Benefit, c/o Greg and Lisa Balmes, for Change of Zone, CZ #1156, from the A (Agricultural) Zone District to the E (Estate) Zone District, 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 Garcia, and it carried unanimously. There being no further discussion, the hearing was completed at 10:48 a.m. This Certification was approved on the 23rd day of February, 2011. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: J J J arbara Kirkmeyer, Chair Weld County Clerk to th>[+ ��Q/� �`""• �, _ T ‘71- • ,e's. �- � can P. Pro-T BY: Deputy Clerk to the Boar VV ii F. Garcia David E. Long ouglas ademacher 2011-0472 PL2095 V\ \ 2 \ \ o n / re o 11 o < a O _ o •• o R y w gcki § 1 © - / > 1- o / e v D « C) - o W 2 z re w r. 92 - - « mow 7 e 0E 2 ) u 2 2 o a 0 2 2 y 3 [ >- U. § E § # x « _ W ta 0 / •/ I- Ea C. 2 ) 3 ( I- d § I- win r z > 2 o Kos 2 b < 18 q o . ) § ) 2 ° Q k / L„,9 k — / © » n.0) * E ' a k z uw W o c 2• OO § ) \ - _ 0 O a. EXHIBIT INVENTORY CONTROL SHEET Case CZ#1156 -BALMES HOME DEFINED BENEFIT PROGRAM, CIO GREG AND LISA BALMES Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 2/1/2011) D. Planning Staff Certification and Photo of sign posting Molly Sommerville Letter re: Surface Use Agreement and no objection, E. Buchanan, P.C. dated 1/31/2011 Evidence of Payment of School Impact Fees, dated F. Applicant 2/6/2011 G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello