HomeMy WebLinkAbout20101966.tiff HEARING CERTIFICATION
DOCKET NO. 2010-36
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT
DEVELOPMENT FINAL PLAN, AMPF #1045, TO VACATE OUTLOT A AND ADD
ONE (1) COMMON OPEN SPACE OUTLOT (TRACT E - 1.53 ACRES) TO THE
HIGHLAND FARMS PUD - BALMES HOMES, LLC DEFINED BENEFIT PROGRAM,
CIO GREG AND LISA BALMES
A public hearing was conducted on August 25, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
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 July 23, 2010, and duly published July 28, 2010,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Balmes
Homes, LLC Defined Benefit Program, do Greg and Lisa Balmes, for a Site Specific
Development Plan and Amended Planned Unit Development Final Plan, AmPF #1045, to
Vacate Outlot A and add one (1) Common Open Space Outlot (Tract E — 1.53 acres) to the
Highland Farms PUD. Bruce Barker, County Attorney, made this a matter of record.
Chair Rademacher advised the applicant's representative, Greg Balmes, that he has the option
of continuing this matter to a date when the full Board will be present. However, if he decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Conway will listen to the record and make the determining vote. Mr. Balmes indicated he would
like to proceed today.
Michelle Martin, Department of Planning Services, presented a brief summary of the proposal to
vacate Outlot A and add Tract E consisting of 1.53 acres. She displayed a vicinity map and
stated the Highland Farms PUD is located south of State Highway 52, east of County Road 3,
and the plat was recorded in 2005. She stated three homes have been built in the existing
PUD, and Outlot A was originally platted as a 21.53-acre Agricultural Outlot with no habitable
structures allowed. She stated, if approved, the applicant will have to proceed with a Change of
Zone application on the vacated portion to change the zoning from A (Agricultural) to E (Estate)
prior to constructing a residence. Ms. Martin submitted a letter received from the homeowner of
Lot 9, William Tempero, marked Exhibit E, indicating his approval of the request is only granted
with the understanding that homes would not be built south of Lots 9 and 5. She stated
L� C., ft_ ILL, PIA; 2010-1966
41-1_l0 PL1743
HEARING CERTIFICATION - BALMES HOMES, LLC DEFINED BENEFIT PROGRAM, C/O
GREG AND LISA BALMES (AMPF-1045)
PAGE 2
Mr. Tempero requested the applicant establish a building envelope or state for the record that
habitable structures will not be constructed in that area. Ms. Martin also explained proposed
Tract E, consisting of 1.53 acres, originally abutted State Highway 52, and the applicant will
deed the parcel back to the Homeowners' Association to maintain a buffer from the Highway.
She indicated the location of the access, and stated the applicant does have an access permit
in place with the Colorado Department of Transportation (CDOT). She stated staff has received
no comments from surrounding property owners, with the exception of two other items of
correspondence from Mr. Tempero, in addition to Exhibit E, submitted today. She further
stated 19 referral agencies reviewed this proposal and either expressed no concerns or
provided comments that have been addressed in the Conditions of Approval and plat notes.
She stated no response was received from the Sheriff's Office, Boulder County, or the Left
Hand Water District, and she displayed photographs of the site and surrounding area. In
response to Commissioner Garcia, Ms. Martin stated the referral from School District RE-1J
indicates there are current capacity problems; however, they are building a new school to
address the issue in 2011. She stated the applicant will have to work with the School District as
he proceeds through this process, and she acknowledged that she did not have any follow-up
conversations with the School District. In response to Commissioner Kirkmeyer, Ms. Martin
stated the PUD was approved with a total of nine (9) residential lots, and the 21.53 acres were
designated as an Agricultural Outlot. She further stated the PUD will still have more than
adequate open space, and if the zoning is changed on the subject lot, the parcel will be allowed
all of the uses permitted in the E (Estate) Zone District, which will be compatible with the area.
Heidi Hansen, Department of Public Works, stated the parcel is accessed from State
Highway 52, and there is a CDOT access permit in place. She stated all of the easements were
originally approved by the Utilities Coordinating Advisory Board, and she has no additional
comments on this proposal. She did note the access on State Highway 52 was an existing
agricultural access which the applicant worked with CDOT to change to a residential access.
Lauren Light, Department of Public Health and Environment, stated the parcel will be serviced
by the Left Hand Water District, and if a house is constructed, the septic system will be
designed in accordance with percolation data taken at the site. She stated 21.53 acres is more
than adequate for public water and a septic system.
Greg Balmes, applicant, stated he built two of the existing houses, and there is a "No Build
Zone" to the west of Mr. Tempero's lot to preserve his view corridor of the Boulder Flatirons. He
stated there is also a "No Build Zone" to the south surrounding an oil and gas well; however, if
the parcel remains in agricultural use there will be no restriction on the placement of trees,
agricultural structures, etc. Mr. Balmes stated his intent is to change the zoning and develop
the site to be conformant with E (Estate) Zone uses, and the Deed specifies that the property
may never be developed for commercial use. He stated he wants to develop the parcel with a
nice home and outbuildings to accommodate a few head of horses to preserve the rural feel of
the area. Mr. Balmes stated the remaining property owners are in support of this request, and
he has vacated the easement extending from the cul-de-sac to the site, so the only access will
be from State Highway 52, which will result in less internal PUD traffic. He reiterated the
agricultural access was originally used to reach the oil and gas well, and he worked with CDOT
to change the classification to residential, which will further restrict any commercial use. He
2010-1966
PL1743
HEARING CERTIFICATION - BALMES HOMES, LLC DEFINED BENEFIT PROGRAM, C/O
GREG AND LISA BALMES (AMPF-1045)
PAGE 3
further stated there will still be plenty of open space in the PUD, and his basic intent is to
change the 21.53-acre parcel to E (Estate) zoning.
No public testimony was offered concerning this matter. In response to Chair Rademacher,
Mr. Balmes stated he has reviewed, and concurs with, the Conditions of Approval as presented.
Commissioner Kirkmeyer stated she does not find the request unreasonable and she moved to
approve the request of Balmes Homes, LLC Defined Benefit Program, c/o Greg and Lisa
Balmes, for a Site Specific Development Plan and Amended Planned Unit Development Final
Plan, AmPF #1045, to Vacate Outlot A and add one (1) Common Open Space Outlot (Tract E —
1.53 acres) to the Highland Farms PUD, based on the recommendations of Planning staff, 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 10:20 a.m.
This Certification was approved on the 30th day of August, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 115. • ct, flJ .
6o gl Radem her, 'air
Weld County Clerk to th �of or
rbara Kirkmeyer, ro-Tem
BY: Co- f�Y",
Deputy Clerk to the Boa a.I \ D EXCUSED
Sean P. nway
David . Long
2010-1966
PL1743
EXHIBIT INVENTORY CONTROL SHEET
Case AMPF-1045 — BALMES HOMES, LLC
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. William Tempero E-mail of Concern, dated 07/31/2010
C. Planning Staff Certification and photo of sign posting
D. William Tempero Letter of Explanation, dated 8/25/2010
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
Hello