HomeMy WebLinkAbout20022578 HEARING CERTIFICATION
DOCKET NO. 2002-69
RE: CHANGE OF ZONE#609 FROM A(AGRICULTURAL) ZONE DISTRICT TO E (ESTATE)
ZONE DISTRICT FORA SIX(6)LOT MINOR SUBDIVISION,MOOREA MANOR-STEVEN
KLEN AND LORI GUTTENSTEIN
A public hearing was conducted on September 18, 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, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Robert Anderson
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 30, 2002, and duly published September 4,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Steven Klen and Lori Guttenstein for Change of Zone#609 from the A(Agricultural)Zone District
to the E (Estate) Zone District for a six (6) lot Minor Subdivision, Moorea Manor. Lee Morrison,
Assistant 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. Mr. Anderson stated the
applicant is proposing to divide the 34-acre parcel into six residential lots, and he gave a brief
description of the location of the site and surrounding uses. He stated 12 referral agencies
reviewed this proposal, eight responded with comments that have been incorporated into the
Conditions of Approval,and four indicated no conflicts with their interest. He further stated the site
is not located within any Intergovernmental Agreement or Urban Growth Boundary areas;however,
it is within the three-mile referral radius of the Town of Platteville. Mr. Anderson staff supports an
administrative review of the Final Plan.
In response to Commissioner Geile, Peter Schei, Department of Public Works, stated the lots will
be accessed using a lane from Weld County Road 21.5. He stated Lot 6 was part of a Recorded
Exemption,and there does not appear to be any public right-of-way along Weld County Road 24.5
extending west from Weld County Road 21.5. He stated there is a private easement along the
south sides of Lots 1 through 4 which is used to access two properties to the south and some oil
and gas facilities. In response to Commissioner Jerke, Mr. Anderson stated traditionally, there is
not right-of-way at the half-section line. In response to Commissioner Masden, Mr. Schei stated
the school bus will enter the development and pick the children up at the cul-de-sac rather than
using a pull off along Weld County Road 21.5. He explained Lot 6 is a flagpole lot, which is
accessed using a 30-foot easement extending from the cul-de-sac. Responding to Commissioner
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HEARING CERTIFICATION - STEVEN KLEN AND LORI GUTTENSTEIN (COZ#609)
PAGE 2
Jerke, Mr. Schei stated Weld County Road 21.5 is labeled as an arterial on the Roadway
Comprehensive Plan, which requires 80 feet of right-of-way. In response to Commissioner Geile,
Mr. Schei stated Weld County Road 23, south from Weld County Road 24.5 is paved.
Pam Smith, Department of Public Health and Environment, stated the applicant is proposing to
develop large lots, and testing shows that the soils are adequate for septic systems. Mr. Anderson
clarified this is a Minor Subdivision and cannot be administratively reviewed, therefore, he
requested the Board disregard his previous comment.
Jeffrey Couch, Team Engineering, represented the applicant and stated Weld County Road 23 is
paved, and there is a sharp left turn at the intersection with Weld County Road 24.5. He stated the
internal access was located at the north end of the lots because the Department of Public Works
indicated it anticipates future improvements to Weld County Road 21.5 will involve rounding out
the corner at Road 24.5. He further stated it will also provide suitable access to well heads located
north of the lots. He stated initially the Sheriffs Office requested a bus pull out area; however,after
discussions with School District RE-1, it was determined that picking the children up at the cul-de-
sac would be safer. He stated the design has been modified to widen the access and expand the
radius of the cul-de-sac, and the central postal box will be located on the east side of Weld County
Road 21.5 to accommodate the postal route. Responding to Commissioner Long, Mr. Couch
stated there is a well head north of Lot 6, the access road has a slight curve in it to provide
clearance for a second well head north of Lot 1. He further stated this area has its allotted amount
of wells, therefore, he does not anticipate any further activity in this area. Responding to
Commissioner Geile, Mr. Couch stated there are no confined animal feeding operations within one
mile of this development. In response to Commissioner Jerke, Mr. Couch stated the applicant has
entered into an agreement with the Central Weld County Water District to bring in a 10-inch line,
and they will be pre-purchasing the water taps. He further stated the sliver of land north of the
curve leading to the cul-de-sac will serve as a retention pond, which will be maintained as part of
the roadway. In response to Commissioner Geile, Mr. Couch stated the Homeowners'Association
will be responsible for maintenance of the road, snow removal, controlling weeds, etcetera.
Karen Hagler, surrounding property owner, stated she owns 80 acres southwest of this site,which
she would like to develop in the future. She questioned whether the design of this proposal will
restrict access to the north end of her property. Mr. Morrison stated the easement to the north is
a private access easement, and unless Ms. Hagler has a legal right to use that access, her plans
would likely be required to access from Weld County Road 24. Mr. Schei stated staff reviews each
development on a case-by-case basis, Weld County Road 24 is not considered a collector at this
time, and they typically request one access per development.
Responding to Chair Vaad, Mr. Couch stated he and the applicant have reviewed and agree with
the Conditions of Approval.
Commissioner Geile moved to approve the request of Steven Klen and Lori Guttenstein for Change
of Zone#609 from the A (Agricultural) Zone District to the E (Estate)Zone District for a six (6) lot
Minor Subdivision, Moorea Manor, based on the recommendations of the Planning staff and the
Planning Commission,with the Conditions of Approval as entered into the record. The motion was
seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion,
the hearing was completed at 10:40 a.m.
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HEARING CERTIFICATION - STEVEN KLEN AND LORI GUTTENSTEIN (COZ#609)
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This Certification was approved on the 23rd day of September 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
ATTEST: iketki'��'"
'• Gle .ad, Chair
Weld County Clerk t 0'47?
• y�r �� David ' L•� g, Pro- emBY: Lilt
Deputy Clerk to the''�� � /7/7 . . _
M. J. Geile
TAPE #2002-31 12 —, <7.7w,
Ili m H. Jer
DOCKET #2002-69 � �
Robert D. Masden
2002-2578
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#609 - STEVEN KLEN AND LORI GUTTENSTEIN
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 08/06/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification of sign posting
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