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HomeMy WebLinkAbout20022519.tiff HEARING CERTIFICATION DOCKET NO. 2002-74 RE: CHANGE OF ZONE#622 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES, ALONG WITH 9.4 ACRES OF OPEN SPACE -SHULTZ FARM, INC. A public hearing was conducted on September 25, 2002, at 10:00 a.m.,with the following present: Commissioner Glenn Vaad, Chair Commissioner David D. Long, Pro-Tern - EXCUSED Commissioner M. J. Geile Commissioner William H. Jerke - EXCUSED Commissioner Robert D. Masden Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Trevor Jiricek Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated September 6, 2002, and duly published September 11, 2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Shultz Farm, Inc., for Change of Zone#622 from the A(Agricultural)Zone District to the PUD (Planned Unit Development)Zone District for nine (9) lots with E (Estate)Zone uses, along with 9.4 acres of open space. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Vaad advised the applicant's representative, Todd Hodges, of the option to continue to a date when the full Board is present because approval will require a unanimous vote of the three Commissioners in attendance. Mr. Hodges indicated the applicant would like to proceed today. Sheri Lockman, 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. Ms. Lockman gave a brief description of the location of the site and surrounding uses. She stated the lots will be serviced by individual sewage disposal systems and the Little Thompson Water District. She stated 13 referral agencies responded favorably or provided comments which have been incorporated into the Conditions of Approval. She stated the revised septic system envelopes have been reviewed and approved by the Department of Public Health and Environment, and the Department of Public Works is requiring the applicant to upgrade and pave the internal road to Weld County standards. Ms. Lockman further stated the applicant has requested the Final Plan be administratively reviewed, and if the Board concurs, they will need to indicate that in the motion. Peter Schei, Department of Public works, stated staff has requested the applicant to provide a confirmation letter from the Great Western Railway verifying the right-of-way of the railroad and granting approval of the applicant's request to release stormwater into the railroad right-of-way. Responding to Commissioner Geile, Mr. Schei stated Weld County Road 13 is classified as an 2002-2519 L 5i "91.‹) PL1630 HEARING CERTIFICATION - SHULTZ FARM, INC. (COZ#622) PAGE 2 arterial and the Department of Public Works is requesting 70 feet of right-of-way from the centerline be dedicated to the County. Responding to Chair Vaad, Mr. Schei stated Condition of Approval #1.C addresses the issues of railroad right-of-way and the release of stormwater. In response to Commissioner Masden, Ms. Lockman stated Weld County School District RE-5 has requested a bus pick-up area be designated at the Final Plan phase. Mr. Schei added staff is recommending an internal bus pick-up due to the proximity of the railroad and the status of Weld County Road 13 as an arterial. Commissioner Masden indicated he would prefer that to be specifically included as a Condition of Approval. TrevorJiricek,Weld County Department of Public Health and Environment,stated the development meets the minimum standards for lot size and density, and added the septic envelopes have been enlarged to account for poor soils in the area. In response to Chair Vaad, Ms. Lockman stated administrative approval can be noted in the motion rather than adding a Condition of Approval,and she also requested the first sentence of Condition#5.L be amended to state, "The Final Plan shall include a common mail/bus pick-up area along the interior roadway." Todd Hodges, Todd Hodges Design, LLC, represented the applicant and stated they typically request an internal pick-up area; however, many of the local School Districts prefer to stop along the primary route, so he would like some flexibility to work with the School Districts on a case-by-case basis. Chair Vaad suggested adding the phrase, "or as agreeable by the School District." Mr. Hodges stated they will work with the railroad company to address the drainage. He stated the drainage would be carried through an existing culvert, and they have amended the design to accommodate the additional right-of-way. Mr. Hodges stated the development is designed to cluster nine lots, and the proposal exceeds the open space requirements. He stated the site is south of Johnstown's growth area, and he feels this will be compatible with the agricultural setting and future development that could occur in the area. Mr. Hodges submitted a letter from the Johnstown Fire Protection District, marked Exhibit F, and stated the applicant will work with Johnstown Fire Protection District to determine the appropriate radius and width of the access to be shown on the plat. Responding to Commissioner Geile, Mr. Hodges stated they have not met with the Town of Mead yet; however, that is required as a Condition of Approval prior to recording the plat. No public testimony was offered concerning this matter. Responding to Chair Vaad, Mr. Hodges stated he and the applicant have reviewed and agree with the Conditions of Approval. Commissioner Geile moved to approve the request of Shultz Farm, Inc.,for Change of Zone#622 from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine (9) lots with E (Estate) Zone uses, along with 9.4 acres of open space, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. His motion also included allowing an administrative review of the Final Plan, and amending the first sentence of Condition #5.L to state, "The Final Plat shall include a common mail/bus pick-up area along the interior roadway, or as agreed upon by the School District." The motion was seconded by Commissioner Masden,and it carried unanimously. There being no further discussion, the hearing was completed at 10:25 a.m. 2002-2519 PL1630 HEARING CERTIFICATION - SHULTZ FARM, INC. (COZ#622) PAGE 3 This Certification was approved on the 30th day of September 2002. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD OUN OLORADO ATTEST: fate cl 1� <. /A� Glenn Vaad, l.nair Weld County Clerk to t''B. ' isbi =,O kV EXCUSED ; .s3�a David E. Lo , Pro-Tern BY: Deputy Clerk to the . � �ilei`� /TAPE #2002-31 EXCUSED illi m H. Jerke DOCKET#2002-74 obe . Masden 2002-2519 PL1630 EXHIBIT INVENTORY CONTROL SHEET Case COZ#622 - SHULTZ FARM, INC. 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 08/20/02) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification of sign posting F. Applicant Letter from Johnstown Fire Protection District (09/23/2002) G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. o fTh- \ IL/ § } �, ,,,, � ,4 \ ~ m( \ ‘,,I\ , - : 61 ci dk ( � OD. Z \ \ \ - �� O ) 3.\ \• / re / k \ \ \ • - i j 0- o C. CD � / �� k - � . 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