HomeMy WebLinkAbout20070774 HEARING CERTIFICATION
DOCKET NO. 2007-17
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN, PF #1114, FOR EIGHT (8) LOTS WITH E (ESTATE)ZONE USES, ONE (1) LOT
WITH A(AGRICULTURAL) ZONE USES, AND TWO (2) NON-BUILDABLE OUTLOTS,
HOLLIS CROSSING ESTATES PUD - PYRENEES PROPERTIES, LLC
A public hearing was conducted on March 28, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Jesse Hein
The following business was transacted:
I hereby certify that pursuant to a notice dated March 9,2007,and duly published March 14,2007,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Pyrenees
Properties, LLC,for a Site Specific Development Plan and Planned Unit Development Final Plan,
PF#1114,for eight(8)lots with E(Estate)Zone uses, one(1)lot with A(Agricultural)Zone uses,
and two(2)non-buildable outlots-Hollis Crossing Estates PUD. Bruce Barker, County Attorney,
made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief
sum mary of the proposal,entered the favorable recommendation of the Planning Commission into
the record as written, and stated the Change of Zone was approved on November 15, 2006.
Mr. Ogle gave a brief description of the location of the site, which is within the three-mile referral
area for the Town of Severance and Larimer County,and he described the surrounding land uses.
He stated thirteen referral agencies reviewed the proposal,ten provided comments that have been
addressed in the Conditions of Approval and Development Standards, and staff received no
comments from surrounding property owners. He further stated the site is served by the North
Weld County Water District and septic systems. Mr. Ogle stated the Department of Public Works
has indicated on-site improvements will not be required for Weld County Road 80,and the access
to property is at the crest of a hill, with adequate site distance in both directions. He stated the
applicant has reconfigured the access in order to mitigate the concerns of the property owner to the
south, as presented at the Change of Zone hearing.
Pam Smith, Department of Public Health and Environment,stated the proposed septic envelopes
are located out of Flood Zone A. She stated there was an existing house and septic system,which
has since been abandoned, therefore Condition of Approval #1.Q can be deleted.
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HEARING CERTIFICATION - PYRENEES PROPERTIES, LLC (PF #1114)
PAGE 2
Jesse Hein, Department of Public Works,stated the site is accessed from Weld County Road 80,
which is classified as a local gravel road. He stated due to the size of the development, no off-site
improvements are necessary,and the agricultural outlot will have a separate access for agricultural
purposes only. Mr. Hein stated the internal road will be two twelve-foot gravel lanes,with four-foot
shoulders and a six-inch base. He stated Lots 6,7,and 8 are impacted by the floodplain,therefore,
certain portions of the lots will be designated as non-buildable. He further stated the applicant
originally proposed a retention pond in OutlotA;however,based on staff's concerns,the applicant
is working with an engineer to provide an alternate design.
Anne Best-Johnson,Todd Hodges Design, LLC,represented the applicant and stated the mineral
notification was sent pursuant to State statute, and there was only one inquiry as to whether the
applicant was wanting to buy mineral rights. Ms.Johnson clarified the applicant does not intend to
purchase the mineral rights, therefore, it is not a concern. She stated the eight lots range in size
from 2.1 to 8.4 acres, and they have been zoned E (Estate). She explained the Planned Unit
Development does allowfor exceptions from the E(Estate)Zone requirements,and at the Change
of Zone,the Board granted exceptions to the minimum lot size and allowed for auxiliary quarters on
each of the lots. She further stated there was some concern expressed at the Change of Zone
hearing regarding alignment of the access. Based on those comments, the applicant did realign
the primary access and provided a diagram to the neighbor to allow for comment prior to submitting
the Final Plan application. Mr. Johnson stated the applicant has been working with the referral
agencies, and staff has been very good to work with on this particular project. In response to
Commissioner Jerke, Ms. Johnson stated the percolation rates were tested last week, and the
Engineer will use the results of the tests to address the concerns of the Department of Public
Works. Responding to Chair Long, Mr. Hein stated the applicant must show evidence of water
rights in order to hold the water in a retention pond,or the water must be released within 72 hours.
Ms.Johnson verified with the applicant that they do not own the water rights,therefore, it will be a
detention pond, not a retention pond. Responding to Commissioner Rademacher, Ms. Johnson
stated the site will receive water from the North Weld County Water District.
No public testimony was offered concerning this matter. In response to Chair Long, Mr. Hein stated
the issue of determining whether the site will have a retention pond or detention pond classification
is not specifically addressed in the Resolution; however, there is a Condition of Approval that
requires the applicant to address the requirements of the Department of Public Works prior to
recording the plat. Mr. Ogle stated Condition of Approval#2.H addresses the comments from the
Department of Public Works. Commissioner Jerke stated the record should clearly state the site
will be allowed to have a detention pond. Todd Hodges, Todd Hodges Design, LLC, stated the
applicant's engineer will take the test results into consideration;however,regardless of the findings,
they will comply with staff's comments. In response to Chair Long, Mr. Hodges stated there is
always the potential to gain water rights, since the pond was part of the original irrigation system.
Commissioner Jerke stated as the application currently stands,the applicant does not have water
rights; however, if they are obtained in the future, the applicant can amend the Final Plan. The
Board concurred. Mr. Barker stated Condition of Approval#1.H provides enough flexibility to allow
staff to use its discretion depending on what is submitted by the applicant prior to recording the plat.
Responding to Chair Long, Ms.Johnson stated she and the applicant have reviewed,and concur
with, the Conditions of Approval, as presented and amended.
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HEARING CERTIFICATION - PYRENEES PROPERTIES, LLC (PF #1114)
PAGE 3
Commissioner Rademacher moved to approve the request of Pyrenees Properties, LLC,fora Site
Specific Development Plan and Planned Unit Development Final Plan, PF#1114,for eight(8)lots
with E (Estate)Zone uses, one (1) lot with A(Agricultural)Zone uses, and two (2) non-buildable
outlots- Hollis Crossing Estates PUD, based on the recommendations of the Planning staff,with
the Conditions of Approval as entered into the record,with the deletion of Condition of Approval#1.Q
and relettering as appropriate. The motion was seconded by Commissioner Masden,and it carried
unanimously. There being no further discussion, the hearing was completed at 10:40 a.m.
This Certification was approved on the 2nd day of April 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL UNTY C RfrDO
ATTEST: a I�
""""""~~��� David E. Long, Chair
Weld County Clerk to th o fat Nei c-
" � illim Jerk Tem
BY: D Deputy Clerk to the Bo4! ti ,3 •._,/' —'
William F. Garcia
TAPE #2007-08 EXCUSED DATE OF APPROVAL
bert D. Masd
DOCKET#2007-17
ougla Rademac r
2007-0774
PL1861
EXHIBIT INVENTORY CONTROL SHEET
Case PF #1114 - PYRENEES PROPERTIES, LLC
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Planning Staff Letter from Division of Wildlife, dated
03/05/2007
C. Applicant E-mail re: Changes to Draft Resolution,
dated 03/26/2007
D. Applicant Overhead transparency of PUD plat
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