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Home My WebLink About20021925.tiff HEARING CERTIFICATION DOCKET NO. 2002-47 RE: GRANT CHANGE OF ZONE#553 FROM A(AGRICULTURAL)ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT TO CREATE NINE(9)RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES AND ONE AGRICULTURAL LOT WITH A CONSERVATION EASEMENT - DENNIS NEAL A public hearing was conducted on July 10, 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, Sheri Lockman Health Department representative, Pam Smith Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated June 14, 2002, and duly published June 19,2002, in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to consider the request of Dennis Neal for Change of Zone #553 from the A (Agricultural) Zone District to a PUD (Planned Unit Development)Zone District to create nine (9) residential lots with E (Estate) zone uses and one agricultural lot with a Conservation Easement. Lee Morrison, Assistant County Attorney, made this a matter of record. 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 stated the applicant is proposing the creation of nine residential lots and one 99-acre agricultural lot, which will be preserved through a Conservation Easement. She gave a brief description of the location of the site and surrounding uses. Ms. Lockman stated 11 referral agencies reviewed this proposal and each of them responded favorably, or with comments, which have been incorporated into the Conditions of Approval. Ms. Lockman reviewed the uses which will be allowed through the Conservation Easement. (Switched to Tape#2002-22.) She stated the applicant has addressed Conditions #1.E and #1.F, therefore, they can be deleted, and she added the applicant is requesting the Final Plan be administratively reviewed. Responding to Commissioner Geile, Pam Smith, Department of Public Health and Environment, stated the size of these lots has been increased from 2.5 to 5 acres, and the perk rates are adequate, therefore, staff has no concerns with septic systems on these lots. Peter Schei, Department of Public Works, stated the Homeowners' Association will be required to pave the internal roads. Ce /PL� *46-x) /Do) 2002-1925 PL1610 HEARING CERTIFICATION - DENNIS NEAL (COZ#553) PAGE 2 Todd Hodges, Todd Hodges Design, LLC, represented the applicant and displayed various photographs, previously submitted and marked as Exhibit 22. Mr. Hodges stated the Planned Unit Development has been designed to cluster the lots and preserve a majority of the area,which is consistent with the intent of the Weld County Code and the Town of Berthoud. He stated there will be a Conservation Easement on Lot 10,which has been established through a Land Use Trust and will continue into perpetuity. He stated these large lots will be located on a hill, and irrigated with water provided from Lot 10. Mr. Hodges stated there will be a hard-surface emergency access lane to Weld County Road 3, the internal roads will be paved, and the applicant will also be contributing a proportional share to the improvements of Weld County Road 40.5. He further stated they will request the County accept the internal roads for maintenance after one year; however,the details of that request will be addressed further in the Final Plan. Mr. Hodges stated Lot 10 is not part of the open space; it is a separate legal lot that can be transferred, there is an agreement with the mineral owners to reduce the number of well sites from five to two, and they will be designated on the Final Plat. He stated they have talked with the Town of Berthoud regarding the Landscaping Plan, which indicated it is satisfied with the proposed improvements. Responding to Commissioner Masden, Mr. Hodges stated each lot will have access to two shares of irrigation water distributed by an existing ditch. He stated each share provides two-acre feet of water, and the well will stay with Lot 10 under the Conservation Easement. Domestic water will be provided by the Little Thompson Water District. Responding to Commissioner Jerke, Mr. Hodges reiterated Lot 10 is 99 acres, and the Conservation Easement will not allow residential structures. He stated the concrete ditch serves the land to the southeast, and the northeastern portion is used for dryland crops. He further stated the ownership of Lot 10 can be transferred, there are tax benefits for the property owner, and they are also considering the option of allowing the Homeowners'Association to purchase the parcel. Responding further to CommissionerJerke, Mr. Hodges explained because the Conservation Easement restricts the use of the land,there will be tax benefits, and it will be valued higher than regular agricultural land. Mr. Morrison stated the Assessorwill be notified of this easement. Responding to CommissionerJerke, Mr. Hodges stated the Conservation Easement states the water cannot be sold off, and the property owner intends to continue farming the land. In response to Commissioner Geile, Mr. Hodges stated he has discussed the landscaping with the Town of Berthoud,which also indicated interest in a perimeter fence to be addressed in the Covenants. He stated they have also discussed larger setbacks on the lots,and they will provide written documentation that all of these issues have been addressed. In response to Ms. Lockman, Mr. Hodges stated the larger setbacks still need to be engineered and it will be better to address at the Final Plan and in the Covenants; Ms. Lockman stated the larger setbacks need to be addressed with this Change of Zone because they are part of the bulk requirements. Mr. Morrison stated since they are considering larger setbacks, the details can be addressed in the Final Plan. It does not need to be addressed at this phase of the process unless they propose a reduction. Caroline Staiano, surrounding property owner, stated she supports the development; however, she does have concern with dust abatement during the construction phase. Chair Vaad stated the County has instituted a dust control plan based on traffic counts. He stated Weld County Road 40.5 has minimal traffic amounts, and there are no planned upgrades to Weld County Road 3. Ms. Staiano stated the amount of traffic on Weld County Road 3 has increased 2002-1925 PL1610 HEARING CERTIFICATION - DENNIS NEAL (COZ#553) PAGE 3 significantly and the quality of the road or dust control needs to be addressed. There being no further comments, Chair Vaad closed public testimony. Mr. Hodges stated he is not certain of the specific on-site preparation during the construction phase; however, Condition of Approval#2.F requires the applicant to address dust control during development. Pam Smith stated that condition concerns on-site dust control; however, if staff receives dust complaints on the roads,they can require the applicant to submit a Dust Abatement Plan on the roads if the traffic counts warrant the need. Responding to Chair Vaad, Mr. Hodges stated the applicant has reviewed and agrees with the Conditions of Approval. Mr. Morrison stated Condition of Approval#4.E indicates there will be a Private Road Improvements Agreement,which contradicts the applicant's comment indicating they would request the County to accept the internal roads for maintenance after one year. In response to Commissioner Geile, Mr. Morrison stated if internal roads are paved, they are typically taken over by the County after one year, including snow removal. He stated the Covenants could indicate the snow removal is the private responsibility of the Homeowners' Association since internal subdivision roads are low on the priority list during large snow storms. Commissioner Geile commented public maintenance may give the future residents a false understanding of what will be provided by the County, and he would like the Covenants to be specific. Mr. Hodges stated the applicants are willing to address snow removal in the Covenants. Mr. Morrison stated it will still be a public road with private snow removal as noted in the Covenants. Commissioner Geile commended the applicant's representative on a thorough presentation, and he moved to approve the request of Dennis Neal for Change of Zone #553 from the A (Agricultural)Zone District to a PUD (Planned Unit Development)Zone District to create nine (9) residential lots with E (Estate)zone uses and one agricultural lot with a Conservation Easement, 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 deleting Conditions of Approval #1.E and #1.F, amending Condition #4.E to replace the word "Private"with "Public," and allowing for an administrative review of the Final Plan. The motion was seconded by Commissioner Masden,and it carried unanimously. There being no further discussion,the hearing was completed at 10:55 a.m. 2002-1925 PL1610 HEARING CERTIFICATION - DENNIS NEAL (COZ#553) PAGE 4 This Certification was approved on the 15th day of July 2002. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LORADO ATTEST: � , E t ��'; �' \ le aad, hair Weld County Clerk to th ` � _ .' Th 'David E. L Pro-Te BY: G. ir, 6• 'its:`n„N��` n Deputy Clerk to the Boar. mss. m le TAPE #2002-21 and #2002-22 41'7 : Yj C it iam H. rl�e - DOCKET#2002-47 Robert D. Masden 2002-1925 PL1610 EXHIBIT INVENTORY CONTROL SHEET Case COZ#553 - DENNIS NEAL 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 06/04/2002) D. Clerk to the Board Notice of Hearing E. Planning Staff Photo of sign posted on site F. Applicant Map G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. \p 6- r \ ) \ \ & g 3 (] ? / b\| / ] ;� ■ 32 f 2 « - oI m / � M / ��/ ) N.9 b R 0 � \ o d \ 22 w ? c �je UJ & 2 re co' a - f % ° ci 0 B & ~ �/ 2 § % / \ \ 2 B ( N . / u o 0 \ U. • -I � O. ( § \\ § \ \ / et3 41 '3 § E ] 2 / 6 /� % / z § / c / 0 >_ k a 2 C © O § § § Z. { O 2 « - •-O. :j. \ -I h- &§ ° > Wo 8 a � \ 2 m . . . ■ g al / r� 3 w in \ 2 - . .7\_ a 0 \ � � 0 2 ( B f / 2 w w w Co w k } " " \ y >- 2 Y Y Y $ AAA \ § 000 _I z \ ` � Hello