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Home My WebLink About20060737.tiff HEARING CERTIFICATION DOCKET NO. 2006-20 RE: GRANT CHANGE OF ZONE,PZ#1085,FROM A(AGRICULTURAL)ZONE DISTRICT TO PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR NINE(9) RESIDENTIAL LOTS WITH E (ESTATE)ZONE USES AND 11 ACRES OF OPEN SPACE -TWIN VIEW ESTATES, LLC A public hearing was conducted on April 5, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem - EXCUSED Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Michelle Martin Health Department representative, Pam Smith Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated March 10,2006,and duly published March 15,2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Twin View Estates, LLC for a Change of Zone, PZ #1085, from an A (Agricultural) Zone District to PUD (Planned Unit Development)Zone District for nine(9)residential lots with E(Estate)Zone uses and 11 acres of open space. Bruce Barker,County Attorney, made this a matter of record. Chair Geile advised the applicant's representative, Lauren Light, Tetra Tech RMC,that she has the option of continuing this matter to a date when the full Board will be present. However, if she decides to proceed today,it will require three affirmative votes,or in the case of a tie vote,Commissioner Long will listen to the record and make the determining vote. Ms.Light indicated she would like to proceed today. 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 gave a brief description of the location of the site and surrounding land uses. She stated 16 referral agencies reviewed this proposal, 14 provided comments that have been addressed in the Conditions of Approval,and staff received no response from the Big Thompson Soil Conservation District or Larimer County. Ms. Martin stated the applicant will adhere to bulk requirements for the E(Estate)Zone District,with the exception that they are requesting a 40-square-foot sign, versus the standard 32-square-foot restriction. She stated the site is within the three-mile referral area for the Towns of Berthoud and Johnstown, which indicated no conflict, and Larimer County did not respond. She further stated the development is considered urban scale since it is within close proximity to the Garcia Planned Unit Development, which is a recorded subdivision. Ms. Martin stated Planning Services staff does not support the proposed use of common open space,which consists primarily of a detention pond, and recommends reducing Lots 6 and 7 to provide more 2006-0737 PL1829 4O1,—oz y—O G HEARING CERTIFICATION - TWIN VIEW ESTATES, LLC (PZ#1085) PAGE 2 usable open space. She stated the Department of Public Works recommends a waiver of the requirement for curb, gutter, and sidewalks. She recommended the modification of Condition of Approval#1.A.3 to state, "All future signs, including entrance signs, street signs, and Stop signs, shall be delineated on the plat,and must meet setback requirements,"and stated the applicant is requesting an Administrative Review of the Final Plan application. In response to Commissioner Vaad, Ms. Martin stated the applicant is satisfied with the open space plan;however,staff feels the space is not adequate,therefore,she is recommending Lots 6 and 7 be decreased to create more usable space around the detention pond. She further stated the Planning Commission recommended approval of this case on the Consent Agenda,and the Landscape Plan was required as a Condition Prior to Scheduling,which upon review,staff deemed as unacceptable. In response to Chair Geile, Ms. Martin stated Lot 6 is currently 8.2 acres and Lot 7 is 9.1 acres, and staff is recommending each lot be reduced by 2.0 acres, which would add a total of 4.0 acres of open space. Pam Smith, Department of Public Health and Environment, stated the site will be serviced by the Central Weld County Water District and individual septic systems. She stated the minimum lot size is 4.6 acres,and the preliminary percolation rates indicate there is high groundwater throughout the site,which will require engineered septic systems. She stated she is not requiring the designation of primary/secondary septic envelopes due to the large lot sizes, and although the ditch running through the site is adjacent to the lot lines, reducing Lots 6 and 7 should not create a problem regarding septic placement. Responding to Chair Geile, Ms. Smith stated Condition of Approval #2.C is adequate to allow either conventional or engineered systems. Peter Schei, Department of Public Works, stated the site is accessed from Weld County Road 3, which is a local gravel road,with 60 feet of right-of-way. He stated the applicant will be required to enter into an Off-Site Improvements Agreement for Weld County Road 3,and the interior road will be constructed with two twelve-foot paved lanes, and four-foot gravel shoulders. Responding to Chair Geile,Mr.Schei stated the ditch will be covered or the applicant will provide a culvert,and the ditch right-of-way is within the lot lines, not the road right-of-way. He further stated there is a steep slope to the detention facility, and the drainage pattern is sufficient. Lauren Light,do Tetra Tech RMC,represented the applicant and stated the application started with LANDPROfessionals, LLC; however, she transferred the client when she started with a new employer. Ms. Light stated the development is considered urban scale, since it is one-half-mile south of the Garcia PUD; however, staff supports the applicant's request for a waiver from curb, gutter,and sidewalks,due to the limited amount of foot and vehicle traffic. She stated the site will be serviced by the Little Thompson Water District and individual septic systems,the average lot is five acres,and the development will adhere to E(Estate)Bulk Standards,with the exception of the size of signs. She stated the trail will go around the perimeter of the development,the current site layout meets the 15 percent open space requirement, and there are eight acres of open space without the pond. She further stated there is an agreement for crossing the pine line ditch to access Lots 6 and 7, the ditch will be covered adjacent to the cul-de-sac location, and the applicant is requesting an Administrative Review of the Final Plan. Responding to Commissioner Jerke, Mr.Schei stated the ditch will be covered to allow the historical flow of stormwater. Ms.Light stated the Final Drainage Report will address how much of the ditch will need to be piped. In response to Chair Geile, Ms. Light stated she and the applicant have reviewed and concur with the Conditions of Approval as proposed and modified. 2006-0737 PL1829 HEARING CERTIFICATION - TWIN VIEW ESTATES, LLC (PZ#1085) PAGE 3 No public testimony was offered concerning this matter. Commissioner Vaad commented the three-acre pond will not contain water unless there is a storm event,the trail system is adequate, and he does not support creating four additional acres for the Homeowners' Association to maintain. Commissioner Jerke concurred. Responding to Commissioner Vaad, Mr. Schei stated the trial goes around the perimeter of the detention facility, the pond will be approximately ten feet deep,the site slopes to the pond at a 3:1 ratio,and the slope will be addressed in detail in the Final Drainage Report. Commissioner Vaad moved to approve the request of Twin View Estates, LLC for a Change of Zone, PZ#1085,from an A(Agricultural)Zone District to PUD(Planned Unit Development)Zone District for nine(9)residential lots with E (Estate)Zone uses and 11 acres of open space, based on the recommendations of the Planning staff and the Planning Commission,with the Conditions of Approval and Development Standards as entered into the record. His motion included amending Condition of Approval#1.A.3 as proposed by staff, and allowing an Administrative Review of the Final Plan application. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. This Certification was approved on the 10th day of April 2006. APPROVED: BOARD OF UNTY COMMISSIONERS WELD C , COLORADO ATTEST: i /��(/// ��'� M. J. Geile, Chair 04-(D-CC, Weld County Clerk to the Board EXCUSED David E. Long, Pro-Tem Deputy Clerk tot B. : ., �� - 1161 If :�= ,�� Willi H. Jerke TAPE #2006-14 �;� fZis ,� 9� A� UN �� Robe D. Masden • DOCKET#2006-20 pt � Glenn Vaad 2006-0737 PL1829 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1085 - TWIN VIEW ESTATES, LLC, C/O LANDPROFESSIONALS, LLC 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 11/15/2005) D. Clerk to the Board Notice of Hearing E. Applicant Entrance Sign dated 02/15/06 and Drainage Addendum dated 12/05/2005 F. Planning Staff Certification and Photo of sign posting G. H. J. K. L. M. N. O. P. Q. R. S. T. U. 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