HomeMy WebLinkAbout20063169.tiff HEARING CERTIFICATION
DOCKET NO. 2006-73
RE: CHANGE OF ZONE, PZ#1114, FROM THE A(AGRICULTURAL)ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR EIGHT (8) LOTS
WITH E (ESTATE)ZONE USES, AND ONE (1) LOT WITH A (AGRICULTURAL)ZONE
USES - PYRENEES PROPERTIES, LLC
A public hearing was conducted on November 15, 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, Jenny Luna
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Brad Mueller
Health Department representative, Pam Smith
Public Works representative, Jesse Hein
The following business was transacted:
I hereby certify that pursuant to a notice dated October 20, 2006, and duly published October 25,
2006,in the Fort Lupton Press,a public hearing was conducted to consider the request of Pyrenees
Properties, LLC,for Change of Zone, PZ#1114,from the A(Agricultural)Zone District to the PUD
(Planned Unit Development)Zone District for eight(8) lots with E(Estate)Zone uses, and one(1)
lot with A(Agricultural)Zone uses. Cyndy Giauque,Assistant CountyAttorney,made this a matter
of record and advised the applicant's representative,Anne Johnson,Todd Hodges Design,LLC,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.Johnson indicated
she would like to proceed today.
Brad Mueller, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. He
stated the site is located north of Weld County Road 80, which is a gravel road, and east of Weld
County Road 19. He further stated the site is classified as non-urban since it is not located within
an Intergovernmental Agreement boundary, nor is it adjacent to any municipality or any other
subdivision. He stated the applicant has requested internal gravel roads for the PUD, and the
Director of Public Works has granted the request. Mr. Mueller stated the site will be served by the
North Weld County Water District, and the site will utilize septic systems. He stated the proposed
lots are clustered on the eastern portion of the property, and a floodplain runs along the eastern
portion of the property. He further stated the oil and gas envelopes have been indicated on the plat,
and the school district has determined that no bus turnout will be required. Mr. Mueller displayed
photographs of the site,and stated the application meets all requirements, is compatible within the
area, and no improvements to Weld County Road 80 are required by the Department of Public
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Works. He stated the applicant has requested that Conditions of Approval #6.D and #6.E be
deleted, and staff has determined that the Conditions are not necessary, and may be removed.
Mr.Mueller stated staff received correspondence from Mark Zigray,surrounding property owner to
the south, and he submitted a copy of the letter for the record, marked Exhibit F. He stated
Mr.Zigray was present at the Planning Commission hearing,and did express his concerns with the
location of the entrance road into the PUD. Mr.Zigray also requests that the Board review the Final
Plan, instead of granting an administrative review; however, the applicant has requested an
administrative review. In response to CommissionerJerke, Mr.Mueller stated the applicant chose
to designate no-build areas for the proposed lots instead of indicating building envelopes.
Responding to Chair Geile, Mr. Mueller stated the eight lots clustered to the east will be utilized for
E (Estate) Zone uses, and Lot 9 will remain agricultural in use.
Pam Smith, Department of Public Health and Environment,stated a 100-foot setback exists for the
placement of any septic systems on the lots adjacent to the floodplain along the eastern boundary
of the property. She stated the existing residence and improvements located on Lot 2 have been
removed,and the septic system was vacated. She further stated the existing detention pond on the
property will be utilized for drainage purposes,and staff has requested that the building envelopes
indicated on Lot 9 be removed from the plat. In response to Ms. Smith, Mr. Mueller stated the
original proposal indicated two building envelopes located on Lot 9; however,the building envelopes
have been eliminated from the proposal, which is addressed in Condition of Approval #1.F.
Ms. Smith stated the applicant has proposed to have carriage estate uses,which is addressed in
the Resolution. She stated the soils are expected to be suitable, and conventional septic systems
are expected on a majority of the lots, subject to percolation test results.
Jesse Hein, Department of Public Works, stated the site is located north of Weld County Road 80,
which is a local gravel road with a traffic count of less than 100 vehicle trips per day. He stated the
applicant has requested two accesses to the site; one for residential access, and one for
agricultural access, and staff supports the request. He further stated the applicant requested a
waiver for the paving of the internal roadway,and the request was granted by the Director of Public
works in July,2006. He stated the internal roadway will be built as two 12-foot gravel lanes,with two
four-foot shoulders, which will accommodate future paving. Mr. Hein stated the applicant has
designated a no-build zone within the floodplain along the eastern boundary of the property,which
is suitable to staff, and the applicant has addressed all other concerns.
Ms.Johnson stated the applicant has addressed all concerns noted by staff. In response to Chair
Geile, Ms. Johnson stated lighting will not be installed at the entrance of the PUD, unless the
applicant desires to place a lighted sign at the entrance,which would be shielded so that light would
only illuminate the sign. Commissioner Vaad stated he believed Mr.Zigray has concerns regarding
the headlights of vehicles entering and leaving the PUD. He further stated Mr.Zigray indicated in his
letter that he has not heard the result of the consideration to move the entrance. Ms.Johnson stated
following the Planning Commission hearing, the entrance to the PUD was moved at the direction
of the Public Works Department, due to safety concerns. In response to Commissioner Vaad,
Ms.Johnson stated at Sketch Plan,the access was proposed to be located farther east; however,
the Department of Public Works determined a more appropriate location at the Change of Zone
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hearing. She further stated Mr. Zigray's residence is shielded by rows of evergreen trees, and
submitted a picture of his property, marked Exhibit G.
In response to Chair Geile,Christine Wenrick,applicant,stated the property is farmed annually,and
was most recently planted in sorghum. She stated Wilbur Miller,the previous owner of the property,
is deceased,therefore,she is not aware of previous water arrangements. She stated she currently
leases between three and six shares of water for the irrigation of the crops, and she will continue
to keep the land in crop production as long as it is financially feasible to lease the water.
Responding to Commissioner Jerke, Ms. Wenrick stated she leases her shares of water from
Water Storage and Supply, located in the City of Fort Collins. In response to Chair Geile,
Ms. Johnson stated she and the applicant have reviewed, and concur with, the Conditions of
Approval as proposed,including the deletion of Conditions of Approval#6.D and#6.E. Ms.Johnson
stated the applicant is also requesting an administrative review of the Final Plan, since all
requirements have been met or exceeded.
No public testimony was offered concerning this matter.
In response to Chair Geile,Commissioner Jerke stated he preferred that the Final Plan application
come before the Board for review. He stated a request was received from a surrounding property
owner, requesting the Final Plan not be subject to an administrative review, and he supports the
request. Commissioner Jerke moved to require that the Final Plan be reviewed by the Board of
County Commissioners. Commissioner Vaad seconded the motion, and it carried unanimously.
Commissioner Vaad moved to approve the request of Pyrenees Properties, LLC, for Change of
Zone, PZ#1114,from theA(Agricultural)Zone District to the PUD(Planned Unit Development)Zone
District for eight(8) lots with E(Estate)Zone uses, and one(1)lot with A(Agricultural)zone uses,
based on the recommendations of the Planning staff and the Planning Commission, with the
Conditions of Approval as entered into the record. His motion included the deletion of Conditions
of Approval#6.D and#6.E. The motion was seconded by Commissioner Masden, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:00 a.m.
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This Certification was approved on the 20th day of November 2006.
APPROVED:
BOARD OF UNTY COMMISSIONERS
f is6i ( ' R.` WELD CO TY,COLORADO
ATTEST: i A ,�tS�c alrt2 i�G'! L i
^�1 ecteA M. J. eile, Chair
Weld unty Clerk to the B 1* \
EXCUSED
nib
E. Long, Pro-Tem
BY:
Dep Clerk the oard / kit,/
Will' H. Jerke iI11
TAPE #2006-40 f, \\\V`nn
Rob D. asde
DOCKET#2006-73 -CC A) ad
Glenn Vaad
2006-3169
PL1861
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1114 - PYRENEES PROPERTIES, 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 10/03/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Sign Posting Certificate
F. Planning Staff Letter of opposition from Mark Zigray, dated
11/15/2006
G. Applicant Photo of adjacent residence
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