HomeMy WebLinkAbout20020945.tiff HEARING CERTIFICATION
DOCKET NO. 2002-27
RE: CHANGE OF ZONE#568 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SEVEN RESIDENTIAL LOTS
WITH E (ESTATE) ZONE USES, AND 4.445 ACRES OF COMMON OPEN SPACE - DNS
DEVELOPMENT, LLC, C/O DAVID DALGLISH
A public hearing was conducted on April 17, 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 - EXCUSED
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Carla Angeli
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 22,2002,and duly published March 27,2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of DNS Development, LLC for Change of Zone#568 from the A(Agricultural)
Zone District to the PUD (Planned Unit Development) Zone District for seven residential lots with
E (Estate)zone uses, and 4.445 acres of Common Open Space. Lee Morrison, Assistant County
Attorney, made this a matter of record. Chair Vaad informed Bess Holton,Applicant,of her options
with four Commissioners present. She stated her desire to hear this matter at this time. Carla
Angeli, 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. Angeli
gave the location of the site, described the surrounding uses, and stated building envelopes have
been requested for each lot. Ms. Angeli stated of 18 referrals, six agencies found no conflict, and
eleven were in favor of the proposal with specific conditions, which have been included. Ms.
Angell stated there is an existing oil tank on proposed Lot 3, and a existing wellhead on proposed
Lot 2; however, the oil tank will be moved to the northwest corner of the parcel, and building
envelopes will address the setback issues. School District I-J replied in opposition; however, a
cash in lieu fee shall be satisfied,and the applicant has stated in application materials that they are
willing to participate in the contribution. Ms. Angeli stated domestic water and water for fire
protection shall be provided by the Left Hand Water District,and individual septic systems shall be
installed, per the Department of Public Health and Environment's approval. Ms. Angell stated the
applicant is in agreement with the paving requirements; however he is asking for a waiver to the
curb, sidewalk, and gutters, as stated in the letter received April 11, 2002. Staff is requesting the
addition of Condition of Approval #5.H to be added to the Resolution, requiring a drainage report
to be submitted with the Final Plat application. Responding to Chair Vaad, Ms. Angeli reviewed
the layout of the six lots, the proposed movement of the oil battery and placement of the bus
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HEARING CERTIFICATION - DNS DEVELOPMENT, LLC (COZ#568)
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pullout. Responding to Commissioner Geile,Drew Scheltinga, Department of Public Works,stated
the County is requiring paving for the streets; however, the applicant is requesting a waiver of the
curb,gutter, and sidewalk requirement that would be commonly required in an urban development
PUD, and staff agrees with that request. Historically, local improvement districts in Weld County
have only included pavement, not gutters and sidewalks; however, because of the way Carmacar
Ranchettes Subdivision is laid out, and the available rights-of-way, it would be very difficult and
more intrusive to try to include curbs,gutters and sidewalk construction in the area. Mr. Scheltinga
stated Weld County currently grades and maintains existing roads in Carmacar.
Responding to Commissioner Long, Pam Smith, Department of Public Health and Environment,
stated an engineer-designed system is being required for Lot 5 because percolation rates on that
parcel were outside of the normal range, although change of location may also address the
problem. Responding to Chair Vaad, Ms. Angeli stated staff agrees with the applicant that
Condition#2.A.5 be deleted. Commissioner Geile stated reason for approval#4.f should also have
the language changed. Mr. Morrison stated#4.e addresses paving within the subdivision,and#4.f
deals with the public roads accessing Carmacar, which are external to the subdivision and also
includes dust abatement. Chair Vaad verified the Board concurs with the deletion of Condition
#2.A.5, and asked Ms. Angeli to work out the language for Condition of Approval #5.H.
Commissioner Masden also noted a typing error of 12-inch instead of 12-foot in Reason for
Approval #4.e.
Bets Scholten, representative of the applicant, stated they agree with the deletion of Condition
#2.A.5, and no Homeowners' Association has been formed at this time; however, it will be the
responsibility of the Homeowners'Association to maintain the roads and open space,with reserves
set aside. Ms. Scholten stated the applicant is expecting to participate in the dust abatement on
Mountain View and Fir only, so it would be proportionate to what Carmacar is having to do for the
entire subdivision. Responding to Chair Vaad, Ms. Scheltinga stated the Peaks at Mountain View
PUD,which is directly to the south of this proposed PUD, was required to control dust by spraying
during construction with an established haul route for construction traffic; however, they were no
longer responsible after construction was completed. He stated staff anticipates the same problem
with construction traffic, and Reason for Approval #4.F means the applicant would participate in
dust control for Mountain View Street, and an off-site improvements agreement would be
appropriate. Ms. Scholten stated the applicant would continue to participate in dust abatement,
but does not plan to participate in a local improvement district since the Carmacar residents do not
want to pave at this time. Therefore, she stated the applicant is proposing to pave the Summit at
Mountain View PUD and participate in dust abatement during construction, on Mountain View
Street. Chair Vaad stated language to that effect needs to be added.
No public testimony was offered concerning this matter.
Responding to Chair Vaad, Ms. Angeli stated Condition of Approval #5.H should state, "The
applicant shall submit a Drainage Report for review and approval, to the Department of Planning
Services." Chair Vaad also reiterated Condition of Approval #2.A.5 should be struck and
renumbered accordingly. Mr.Scheltinga stated Reason for Approval#4.F should read,"An Off-site
Road Improvements Agreement shall be completed to address dust control for Mountain View and
Fir Streets during the construction period for the improvements in The Summit at Mountain View."
2002-0945
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HEARING CERTIFICATION - DNS DEVELOPMENT, LLC (COZ #568)
PAGE 3
Chair Vaad verified the applicant agrees with the Conditions of Approval as amended.
Commissioner Geile moved to approve the request of DNS Development, LLC,for Change of Zone
#568 from the A (Agricultural)Zone District to the PUD (Planned Unit Development)Zone District
for seven residential lots with E (Estate)zone uses and 4.445 acres of Common Open Space, to
be known as The Summit at Mountain View PUD, based on the recommendations of the Planning
staff and the Planning Commission,with the Conditions of Approval as entered into the record and
modifications previously described. The motion was seconded by Commissioner Masden, and it
carried unanimously. There being no further discussion, the hearing was completed at 10:35 a.m.
This Certification was approved on the 22nd day of April 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, OL RADO
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ATTEST: jati � � co ( BO
to _` n Vaad, Chai
Weld County Clerk to r®6. "" '
g / �• `uuu y ,$ David E. ng, Pro-Te
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Deputy Clerk to the _Oa),
. J Geile
TAPE #2002-13 EXCUSED
illiam H. Jerke
DOCKET#2002-27
Robert D.
R asden _
2002-0945
PL1596
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#568 - DNS DEVELOPMENT, LLC, CIO DAVID DALGLISH
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 03/05/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Sign pncting rartifirata
Request to waive Urban Scale
F. Applicant fevelnpment
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