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Home My WebLink About20062906.tiff HEARING CERTIFICATION DOCKET NO. 2006-66.A RE: CHANGE OF ZONE, PZ#1103, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR R-1 (LOW DENSITY RESIDENTIAL) USES, C-1 (NEIGHBORHOOD COMMERCIAL) AND C-2 (GENERAL COMMERCIAL) USES, AND COMMON OPEN SPACE - LIBERTY PROPERTIES, LLLP / KENNETH AND CONNIE WILLIAMSON A public hearing was conducted on December 13,2006,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 - EXCUSED Commissioner Glenn Vaad - RECUSED Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Cyndy Giauque Planning Department representative, Jacqueline Hatch Health Department representative, Pam Smith Public Works representative, Drew Scheltinga The following business was transacted: I hereby certify that pursuant to a notice dated September 22, 2006, and duly published September 27, 2006, in the Fort Lupton Press, a public hearing was conducted on October 18, 2006, to consider the request of Liberty Properties, LLLP/Kenneth and Connie Williamson,for a Change of Zone from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for one hundred thirty-one (131) lots with R-1 (Low Density Residential) uses, one (1) twenty-three (23) acre lot with C-1 (Neighborhood Commercial) and C-2 (General Commercial) uses, and approximately thirty (30) acres of common open space. At said hearing the Board deemed it advisable to continue the matter to December 13,2006,at 10:00 a.m.,to allow adequate time to conduct a Work Session among the Board,Town of Mead,and the applicant regarding the location of the 1-25 Parallel Arterial Roadway. On December 13,2006, Cyndy Giauque,Assistant County Attorney, made this a matter of record, and stated during the Work Session, the Board considered the location of the designated arterial, and testimony received today should be limited to the location of the 1-25 Parallel Arterial Roadway. Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal, gave a brief description of the location of the site,and stated the legal notice and sign postings were redone at the direction of the Board. She explained the case was originally presented as a Specific Development Guide; however, due to uncertainty regarding the road issues, the application has been converted to a Conceptual Development Guide. Ms.Hatch stated since the last hearing, it has been determined that the 1-25 Parallel Arterial Roadway would be better situated on Weld County Road 5, so that it no longer bisects the property. She stated the majority of the site will be zoned R-1 (Low Density Residential),with five(5)acres zoned as C-1 (Neighborhood Commercial)and 2006-2906 PL1856 ne • la /ow Hio�-�a o7 HEARING CERTIFICATION - LIBERTY PROPERTIES, LLLP / KENNETH AND CONNIE WILLIAMSON (PZ#1103) PAGE 2 C-2(General Commercial). Ms.Hatch stated the average residential lot size will be 14,394 square feet,with an overall lot density of 1.10 acres per lot. She stated a Site Plan Review will be required for the commercial component,and since the application is now being presented as a Conceptual Development Guide, the Board of Commissioners will review the Final Plan. Responding to Commissioner Long, Ms. Hatch stated originally the site was proposed as R-1 (Low Density Residential), with 23 acres of C-1 (Neighborhood Commercial)and C-2 (General Commercial) uses. However, upon further review, the applicant has changed the application to a Conceptual Development Guide, and designated a five (5)acre parcel, containing the pool and recreational building, for C-1 (Neighborhood Commercial) and C-2 (General Commercial) Zone uses. She clarified the 23-acre parcel designated for commercial use under the old proposal will be redesigned for R-1 (Low Density Residential) use. Drew Scheltinga, Department of Public Works,stated the Board of Commissioners, Felsburg,Holt and Ullevig,and County staff were present at the Work Session. He noted although the applicant and the Town of Mead were invited,they were unable to attend. He stated since the Work Session, he met with the City of Longmont Department of Public Works staff who indicated they would prefer a major intersection at Weld County Road 5, rather than Weld County Road 5.5, due to land uses and topography south of State Highway 66. He recommended that the Board construct the 1-25 Parallel Arterial Roadwday along the western boundary at Weld County Road 5. Mr.Scheltinga stated staff will still require a 150-foot setback from the railroad corridor for noise and safety reasons,and the new proposal will have 175 lots on 158 acres,with an overall density of 1.10 acres per lot. Ken Merritt,Landmark Engineers,displayed a drawing of the original design compared to the revised conceptual layout. He indicated the location of the five (5) acre commercial parcel; stated the applicant intends to provide a public health club with outdoor public vendors;and they can comply with the submittal of a Site Plan Review on the commercial parcel. No public testimony was offered concerning the redesign and relocation of the 1-25 Parallel Arterial Roadway or the new conceptual design. Ms. Hatch stated, if approved, the Draft Resolution will need to be modified to reflect the new number of lots under a Conceptual Development Guide. Chair Geile indicated Mike Friesen, Town of Mead Administrator, is in attendance. Chair Geile provided a summary of the previous discussion for Mr. Friesen's benefit, and stated after discussions with the City of Longmont,it became apparent that the Weld County Road 5 alignment made more sense from a transportation standpoint. Mr. Friesen stated the Town of Mead's major objection was the C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning. Ms.Hatch reviewed the Conceptual Development Guide containing a reduced five-acre commercial parcel, with the remainder of the site being redesigned for R-1 (Low Density Residential) lots. Mr. Friesen stated based on the summary information, the Town of Mead's concerns have been addressed and the design appears to be more harmonious with Mead's Comprehensive Plan. He noted the Town of Mead is still opposed to the overall development through Weld County and requested it be referred to the Town of Mead for annexation. 2006-2906 PL1856 HEARING CERTIFICATION - LIBERTY PROPERTIES, LLLP / KENNETH AND CONNIE WILLIAMSON (PZ#1103) PAGE 3 Ms. Hatch reiterated the Draft Resolution needs to be corrected to remove or modify the lot amounts, the commercial component, and open space amount, as well as provide a clarification regarding the relocation of the 1-25 Parallel Arterial Roadway along Weld County Road 5 rather than Weld County Road 5.5. Responding to Chair Geile,Ms.Giauque stated the Board needs to make a determination regarding the revised proposal;however,she does not think the modification requires reconsideration by the Planning Commission. Commissioner Long commended the Department of Public Works staff for their work on this review. He stated he is glad that the City of Longmont and Town of Mead plans are consistent. He further stated he approves of the concept as proposed at this time. Commissioner Jerke concurred, and stated initially he had strong concerns and objections; however, the applicant's proposal to relocate the road instigated productive meetings among the various entities involved in the overall strategic road plan. He stated although the Town of Mead still has concerns with urban growth in unincorporated areas of Weld County, he feels this is a high-quality development. Chair Geile expressed his concern regarding the creation of enclaves throughout Weld County. He stated the Town of Mead is considering developments surrounding the site,and if the proposal is developed in the County,there will be a Metropolitan District and a mill levy within an enclave that will make future annexation very difficult. He read various portions of Section 22-2-120 for the record, and stated it would be more appropriate for the site to be annexed by the Town of Mead. Chair Geile stated although he is on record regarding his opinion of enclaves,he voted favorably for the Carma development because it will provide substantial amenities and services, which this proposal will not. He stated this proposal is an enclave, and it makes more sense to pursue annexation with the Town of Mead, therefore, he does not support the application. Commissioner Jerke moved to approve the request of Liberty Properties, LLLP / Kenneth and Connie Williamson, for Change of Zone, PZ#1103, from the A(Agricultural)Zone District to the PUD (Planned Unit Development) Zone District for R-1 (Low Density Residential) uses, C-1 (Neighborhood Commercial)and C-2(General Commercial)uses,and common open space, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Long. Upon a call fora vote,the motion failed,two to one,with Commissioner Geile opposed. Ms.Giauque explained that at the last hearing she advised the applicant that the matter must be heard by the three Board members in attendance, and that approval would require a unanimous vote of the three attending Commissioners. There being no further discussion, the hearing was completed at 10:40 a.m. 2006-2906 PL1856 HEARING CERTIFICATION - LIBERTY PROPERTIES, LLLP / KENNETH AND CONNIE WILLIAMSON (PZ #1103) PAGE 4 This Certification was approved on the 18th day of December, 2006. APPROVED: BOARD OF C• NTY COMMISSIONERS �/�� -� WELD CO ,` Y, COLORADO ATTEST: ia �� '4 E z,, �. 'eile, Chair Weld County Clerk to the Boa . 1861 u. rL` ►?�i E. Long, Pro-Te BY: ' / ei c . - . Deputy erk to the Board `- q'l '. i --Awl -4—'-- William H. Jerke TAPE #2006-43 EXCUSED Robert D. Masden DOCKET#2006-66 RECUSED Glenn Vaad 2006-2906 PL1856 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1103 - LIBERTY PROPERTIES, LLLP/KENNETH AND CONNIE WILLIAMSON 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 8/1/06, and 7/18/06) D. Clerk to the Board Notice of Hearing E. Planning Staff Memo re: Items Prior to Scheduling, dated September 5, 2006 F. Commissioner Vaad Letter to be Recused, dated 10/10/2006 G. Christopher and Belle Conway Letter of Opposition, dated 10/13/2006 H. Mike and Mary Naud Letter of Opposition, dated 10/15/2006 I. Curt and Denene Schrick Letter of Opposition, dated 10/16/2006 J. Bradley Fedorczyk Letter of Opposition, dated 10/17/2006 K. Mark Eberl Letter of Opposition, dated 10/17/2006 L. Mike Friesen, Town of Mead Map of Western Parallel Arterial Preferred Alignment M. Mike Friesen, Town of Mead FH&U Proposal for Supplemental Transportation Planning Services, dated 2/13/2006 N. Mike Friesen, Town of Mead PK-1103 Referral response, dated 09/06/2006 O. Planning Staff Certification and Photo of sign posting P. Applicant CD and copy of PowerPoint Presentation, 10/18/2006 Q. John and Vernie Vittetoe Letter of Opposition, dated 10/18/2006 R. Clerk to the Board Notice and Certification of Mailing for Continuance (Filed under Legals Tab) S. Planning Staff Certification and Photo of sign posting T. Applicant PowerPoint Presentation, dated 12/13/2006 4 Ai ,co '�0 _" ,,,s, - _,,, ry , �' � reva - ri _ 4 q\ Cic, ` ck, , 7 ci v AS tx o t \ - F ( ' ° yr p. 2 `v mac. o o a \ 1 �� 1� 5--' A V � ILI 4O ai re re w m I Y' N 1 "v _ CN 2 W S ;� jJ a� \� w � v � 5 ,` 0 o d n �� ° 3 < �� Z m d '� - .. -r4`3‘. ark' �) M v .1 r o w d a , No-- .�> .�. Y rl N N _Il. E �l H N iu w as wa Z W2O '5 vn O �pWa T 3 " a LI4 o mow 'Q �� t �y 2 yo ! d s < r <> co �tj ° S C� Nit.), ! 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