HomeMy WebLinkAbout20061522.tiff HEARING CERTIFICATION
DOCKET NO. 2006-39
RE: CHANGE OF ZONE, PZ #1097, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS
WITH E (ESTATE) ZONE USES - BREAKNECK WELD PROPERTIES, LLC
A public hearing was conducted on June 28, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 2,2006,and duly published June 7,2006,in the
Fort Lupton Press, a public hearing was conducted to consider the request of Breakneck Weld
Properties, LLC for Change of Zone, PZ#1097,from the A(Agricultural)Zone District to the PUD
(Planned Unit Development) Zone District for nine (9) lots with E (Estate) Zone uses. Cyndy
Giauque, Assistant County Attorney, made this a matter of record. Kim Ogle, 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 gave a brief description
of the location of the site and surrounding land uses. He stated 18 referral agencies reviewed this
proposal, and 15 provided comments which have been addressed in the Conditions of Approval.
Mr. Ogle stated the site is within the three-mile referral areas for the Towns of Berthoud and Mead,
City of Longmont, and Boulder County. He stated Berthoud, Longmont, and Boulder County
expressed no concern; however, the Town of Mead indicated it is opposed to the proposal being
considered as an unincorporated subdivision,and requested the applicant be directed to petition for
annexation. He stated the applicant has come to an agreement with the Ish Ditch regarding the
approval of a pedestrian bridge crossing,and the site will be accessed from Weld County Road 1.
In response to Chair Geile, Mr.Ogle stated the Town of Mead does not have sewer services in the
immediate area, and its Urban Growth Boundary is approximately one-half mile from the existing
corporate limits, which is one and one-half miles from the site.
Pam Smith, Department of Public Health and Environment, stated the lots range from 7.3 to 9.6
acres,and the applicant has designated a two-acre building envelope,which will have primary and
secondary septic envelopes. Ms.Smith stated a majority of the lots will require engineer-designed
septic systems, due to shallow bedrock or poor percolation rates, and the applicant's engineer
estimates the septic envelopes will fit within the overall two-acre building envelope. She stated the
existing site improvements, including the septic system on Lot 1, will be removed, which is
addressed in the Conditions of Approval to ensure proper abandonment.
2006-1522
PL1843
�'� : fit,ono, /fL op7 ad-c%
HEARING CERTIFICATION - BREAKNECK WELD PROPERTIES, LLC (PZ #1097)
PAGE 2
Donald Carroll, Department of Public Works, stated the access drive is approximately 1,600 feet
long, which ends in a cul-de-sac. He stated the internal road will be paved, the Section Line for
Weld County Road 38 is north of the site, and the applicant will dedicate the appropriate
right-of-way. He further stated Weld County Road l is a collector status road which requires 80 feet
of right-of-way at full buildout, the average daily traffic count is approximately 2,200 vehicles,and
the traffic volume doubles south of State Highway 66.
Tom Radigan represented the applicant and stated the homes and outbuildings will be contained
within the two-acre building envelopes to maintain views. He stated this development will have
high-quality homes and horse properties,and the lots can be irrigated if the future property owners
purchase shares from the applicant for the Ish Ditch or surplus Colorado Big Thompson water in
addition to the tap fees. Mr. Radigan requested an administrative review of the Final Plan. In
response to Commissioner Vaad, Mr. Carroll stated the access is approximately 632 feet south of
the Section Line for Weld County Road 38. Responding to Chair Geile, Mr. Radian stated the
Estate-zoned lots are allowed eight animal units;however,the Homeowners'Association Covenants
include a provision which lists the various types of animals and the equivalent animal units that will
be allowed,for a total of eight animal units. He further stated the property does have access from
the south for the Supply Irrigation Ditch and from the northeast for the Ish Ditch. Mr. Radigan stated
the water shares will be offered when the lots are sold; however, the shares will not be part of the
Homeowners'Association. Chair Geile stated the land surrounding the two-acre building envelopes
will require irrigation or some other means of maintenance. Mr. Radigan agreed that the water is
limited during dry years, but the shares will be offered for sale if the purchaser is interested. He
stated the Real Estate information sheet indicates secondary agricultural water is for sale.
Responding further to Chair Geile, Mr. Radigan stated he has reviewed and concurs with the
Conditions of Approval.
No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve the request of Breakneck Weld Properties, LLC,fora Site
Specific Development Plan and Use by Special Review Permit #1097 for Change of Zone,
PZ#1097, from the A(Agricultural)Zone District to the PUD (Planned Unit Development)Zone
District for nine(9)lots with E(Estate)Zone uses, based on the recommendations of the Planning
staff and the Planning Commission,with the Conditions of Approval as entered into the record,and
allowing an Administrative Review of the Final Plan application. The motion was seconded by
Commissioner Masden,and it carried unanimously. There being no further discussion,the hearing
was completed at 10:35 a.m.
2006-1522
PL1843
HEARING CERTIFICATION - BREAKNECK WELD PROPERTIES, LLC (PZ #1097)
PAGE 3
This Certification was approved on the 5th day of July 2006.
APPROVED:
a♦ BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
86'
.., .�
ATTEST: l� ,' j ' •�`XCUSED DATE OF APPROVAL
1R
c . G;ile, Chair
Weld County Clerk to the B V Pli V4 %' r
Davi Long, Pro-Tern
Dep Clerk}}}��� the Board . ,7/a
Wi ' m . Jerke
� ���
TAPE #2006-24
Robert D. Masde
DOCKET#2006-39 Aj
Glenn
2006-1522
PL1843
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1097 - BREAKNECK WELD PROPERTIES, LLC, C/O TOM RADIGAN
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 03/21/2006
and 04/04/2006)
D. Clerk to the Board Notice of Hearing
E. Applicant E-mail re: Status of application, dated
04/28/2006
F. Applicant Copy of License Agreement with Ish
Reservoir Company, dated 05/01/2006
G. Applicant Amended and Restated Easement, dated
05/15/2006
H. Planning Staff Certification and Photo of sign posting
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
&
S
(
4
%
r
o kre @
o 2
w a.
CC 1 \
c f co Z\
o N ■o 0 O
z :12
2
2 z k R {
Z o 2 $ $
P o.
I- a la § Ili %
A
0 ) a Z ci
m 0. • 2 § �
CA
B
k 2 O )
o
Z a
0.
U.
§ O
§
co• c \
C
cm n
Co u, o [
2 co
r 0 )
Hello