HomeMy WebLinkAbout20020753.tiff HEARING CERTIFICATION
DOCKET NO. 2002-18
RE: CHANGE OF ZONE #564 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FIVE (5) LOTS WITH
E (ESTATE) ZONE USES - FRAN GARCIA
A public hearing was conducted on March 27, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Robert Anderson
Health Department representative, Pam Smith
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated March 8, 2002,and duly published March 13, 2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Fran Garcia for Change of Zone#564 from the A(Agricultural)Zone District
to the PUD (Planned Unit Development) Zone District for five (5) lots with E (Estate) zone uses.
Bruce Barker, County Attorney, made this a matter of record. Robert Anderson, 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 this PUD would
include 5.65 acres of open space, and the applicant had to leave because of a scheduling conflict.
Mr. Anderson described the location of the site and surrounding uses and stated 14 referrals were
sent out, with ten responses, and all the comments received have been addressed in the
Conditions of Approvals. He stated there is no Intergovernmental Agreement in effect in this area;
however, it is within the three-mile referral area of Larimer County and the Towns of Berthoud and
Johnstown. The response from the Town of Berthoud indicated the project is not in conformance
with the Town of Berthoud because it is identified by the Town as"cropland support area," as well
as lack of clustering. Mr. Anderson stated Larimer County and the Town of Johnstown did not
respond. He further stated the Planning Commission deferred a request to waive Condition of
Approval #3.1 regarding the requirement to pave the internal roadway to the Board of County
Commissioners. Roger Kenney was also present earlier,and he did ask Mr.Anderson to relay his
concerns regarding dust affecting adjacent properties; he had stated to staff he previously has had
to move horses from this property because of high dust levels.
Let the record reflect Lee Morrison is now the Attorney of record.
2002-0753
C' ,' , � /�� PL1592
HEARING CERTIFICATION - FRAN GARCIA (COZ#564)
PAGE 2
Responding to Commissioner Geile, Pam Smith, Department of Public Health and Environment,
stated the expanding soil type could have an effect on the structures in this area; however, after
preliminary percolation rates were received, the lot configuration was changed by the Planning
Commission to allow a minimum lot size of 2.5 acres to 7.6 acres, therefore, it should no longer be
a problem. Ms. Smith indicated the remainder of her response to referral dated September 26,
2001, and stated septic envelopes need to be done at Final Plan. Responding to Commissioner
Jerke, Drew Scheltinga, Department of Public Works, stated Weld County Road 3 is not being
considered for paving at this time. He further stated the request was made at the Planning
Commission Hearing to waive the condition requiring paving of internal roadways. Mr. Scheltinga
stated he had not evaluated the request at that time; however, since the hearing, he received a
request from the applicant's representative, and seven items were considered in his review,
including the application being for five lots, which is less than the nine required for a Minor
Subdivision; the property is not within an Urban Growth Boundary Area or a Mixed Use
Development Area; the internal roads do not access a paved road; there are no paved Weld
County roads within two miles of the location; there are no other subdivisions in the vicinity; there
is no possibility the internal roadway will connect to any other property; and this is a very short
access road with driveways adjoining the roadway keeping the speed which might be obtained
down to safe levels. He,therefore, concurs with the request to waive paving. Mr. Scheltinga stated
there was testimony at the Planning Commission Hearing about dust,although Weld County's most
recent count was 182 vehicles per day. He said this development will add enough to increase that
to 200 or above, therefore, he requested an agreement with the developer to assist with paving or
dust mitigation on Weld County Road 3 at the Final Plan step. Mr. Scheltinga said they will require
an Improvements Agreement on Weld County Road 3 at Final Plan. Responding to Chair Vaad,
Mr. Anderson stated staff concurs with removal of Condition of Approval #3.1, therefore, it will be
deleted.
Don Leffler of Design Development Consultants,applicant's representative, stated he concurs with
the recommendation and understands the recommendation for mitigation of dust problems on Weld
County Road 3. He stated this project is a well-planned,well-executed use for a small parcel and,
although not actually clustered, is proposing use of the Estate zone structure. He said the
characteristics create an open space barrier completely around the subdivision itself.
Responding to Commissioner Geile, Mr. Leffler stated the applicant understands the review
comments, as well as the septic system envelope concerns, and stated primary and secondary
septic system locations will be identified on lots and will be included on the Final Plat. He also
stated the developer is aware of the expansive soils and sub-drain tiles for footings and foundations
will be put in place to ensure those conditions are dealt with.
Theodore Schrage, property owner to the west of subject parcel, stated his support for this
application. He said that he sold the 29-acre parcel to Mr. Garcia for this project because of
financial problems with farming since he was losing between$3,000 to$5,000 per year. There was
no further public testimony.
Responding to Chair Vaad, Mr. Leffler stated he agrees with the Conditions of Approval, as well
as the deletion of Condition #3.1.
2002-0753
PL1592
HEARING CERTIFICATION - FRAN GARCIA (COZ#564)
PAGE 3
Commissioner Jerke moved to approve the request of Fran Garcia for Change of Zone#564 from
the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for five (5)
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,with the deletion
of Condition of Approval #3.1. The motion was seconded by Commissioner Long, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:40 a.m.
This Certification was approved on the 1st day of April 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /! ) A-A—Voi-otek
-� GLe 1, Chair
Weld County Clerk to tY���At-k`°:0v.
4 David E. e.ng, Pro-Tem
BY: co • a►, - a= ��
Deputy Clerk to the Bo�":•�.�.I� ���M. J. Geile
TAPE #2002-12
illiam H. Jerke
DOCKET#2002-18 4_ r g
Robert D. Masden
2002-0753
PL1592
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#564 - FRAN GARCIA
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/19/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Two photos of sign posted on site
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