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Home My WebLink About20050276.tiff HEARING CERTIFICATION DOCKET NO. 2005-06.a RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN, AMPF#431, FOR A LOT LINE ADJUSTMENT FOR LOT 1, BLOCK 3,AND OPEN SPACE IN THE WESTERN DAIRYMEN COOPERATIVE PUD-OCON GROUP,LLC / LEHIGH ENTERPRISES ACQUISITION A public hearing was conducted on January 26, 2005, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem - EXCUSED Commissioner David E. Long Commissioner Robert D. Masden - EXCUSED Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Jacqueline Hatch Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated December 21, 2004, and duly published December 29, 2004, in the Fort Lupton Press, a public hearing was conducted on January 19, 2005, to consider the request of OCON Group, LLC, and Lehigh Enterprises Acquisition, for a Site Specific Development Plan and Amended Planned Unit Development Final Plan, AMPF#431, for a Lot Line Adjustment for Lot 1, Block 3, and Open Space in the Western Dairymen Cooperative Planned Unit Development. At said hearing the Board deemed it advisable to grant the request of the applicant and continue the matter to January 26, 2005, due to a scheduling conflict. On January 26, 2005, Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke advised the applicants' representative, Shannon Peterson, that they have the option of continuing this matter to a date when the full Board will be present. However, if they decide to proceed today, it will require three affirmative votes, or be deemed denied. Mr. Peterson indicated they would like to proceed today. Jacqueline Hatch, 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. She gave a brief description of the location of the site, which is within the Mixed Use Development (MUD) area, and classified as "Limiting Site Factors - Low Intensity." She stated the applicant is proposing to change the configuration of Lot 1 and the open space. The proposed change would increase Lot 1 from 6.5 to 7.47 acres and decrease the Open Space from 35.5 to 33.3 acres, with the intent of providing Lot 1 with additional frontage along State Highway 119. Ms. Hatch stated the amendment will reduce the overall open space to 33.3 percent, which still meets the requirement of the MUD. She stated staff is requiring the applicant to provide a deed transferring 2005-0276 PL1071 l'n Pt, "24;A /--Acoo) ea.s-©.sue HEARING CERTIFICATION - OCON GROUP, LLC / LEHIGH ENTERPRISES ACQUISITION (AMPF#431) PAGE 2 the open space from Lehigh to the Homeowners'Association, and they will be required to complete all on-site improvements required as part of the original approval. Ms. Hatch stated 11 referral agencies reviewed this proposal, nine indicated no concerns, one provided comments that have been addressed in the Conditions of Approval, and the Town of Firestone did not respond. She stated staff did receive an e-mail from a surrounding property owner expressing concerns regarding the reduction of open space, incorporating the oil and gas activities in the open space, and traffic. Responding to Commissioner Vaad, Ms. Hatch stated the site will have no access from State Highway 119; the access will remain from Weld County Road 7.5. The site will gain more frontage and visibility from State Highway 119, although the applicant will still be required to do berming and landscaping which is consistent with the original approval of the Western Dairymen PUD. She displayed the proposed landscaping from the original PUD application, and stated those items will be completed as part of this request. Responding to Chair Jerke, Ms. Hatch indicated the location of the Idaho Creek PUD to the southeast, as well as Weld County Road 7.5 to the east. She explained the amendment will not increase the number of lots, and the development will still consist of 19 lots. She further stated the Weld County Code requires that all of the property owners be responsible for the open space, therefore, the deed for the open space must be transferred from Lehigh to the Homeowners' Association, or they must provide evidence that Lehigh will be responsible for the maintenance of the open space. Responding further to Chair Jerke, Ms. Hatch stated she is not aware of Lehigh being part of the existing uses on this site. Peter Schei, Department of Public Works, stated this request is for a lot line adjustment and the property will continue to utilize the original access from Weld County Road 7.5, therefore, he has no additional comments. In response to Chair Jerke, Mr. Schei stated the density will also remain the same. Ms. Hatch stated the Department of Public Health and Environment noted the site is serviced by the Left Hand Water District and the Saint Vrain Sanitation District. She stated the applicant did apply for a Site Plan Review on the original property, therefore, following approval of the reconfiguration, they will need to reapply for an amended Site Plan Review, at which time more of the health issues will be reviewed. Mr. Peterson stated the proposal will allow them better utilization of the lot, while maintaining the existing habitat. He stated the increase in size takes the parcel out of the oil and gas access area, and provides better access to the oil and gas and open space areas. He further stated they will address all of the landscaping west of Weld County Road 7.5 as part of the new Site Plan Review. Responding to Chair Jerke, Mr. Peterson stated this will have no effect on the existing uses in the Western Dairymen PUD. Kevin Lyles stated he lives in the Idaho Creek PUD located to the southeast. He stated he submitted a letter, marked Exhibit E, and although he is not opposed to the development, he wants to ensure that any modifications to the PUD is balanced with the public values of the open space parcel. He expressed concern with the current management of the open space, and with future 2005-0276 PL1071 HEARING CERTIFICATION - OCON GROUP, LLC / LEHIGH ENTERPRISES ACQUISITION (AMPF#431) PAGE 3 management by a commercial development that has no vested interest in the open space. He stated the residents living in the Idaho Creek PUD have a vested interest in the open space to the south. He further stated the subject open space is currently neglected, however, it provides valuable habitat for water foul along migratory routes. Mr. Lyles stated the proposal reduces the acreage of the open space; however, his largest concern is that it will incorporate more of the oil and gas facilities which results in decreased value as open space. He suggested the Board deny the request and provide the applicant with direction for adjustments to the proposal that meet the intent of open space, while providing more frontage for Lot 1. Mr. Peterson explained the reason for the irregular design is to stay out of the wetland areas and preserve wildlife habitat. In response to Commissioner Vaad, Ms. Hatch provided the applicant with a copy of the letter from Mr. Lyles for review. Mr. Peterson stated the one-acre reduction still meets the 30-percent open space requirement of the MUD, and moving the oil and gas facilities into the open space provides more options for building sites on Lot 1. He further stated the oil and gas areas will gain better access with the paved road, with only a small distance to the actual facilities remaining unpaved. Regarding item#3 of the letter, Mr. Peterson stated gates will not be necessary because there will be adequate access without having to cross through the adjacent open space. He stated the amended configuration meets the MUD requirements, and the Departments of Planning Services and Public Works recommend approval of the request. In response to Chair Jerke, Mr. Peterson stated he and the applicant have reviewed and concur with the Conditions of Approval as proposed. Commissioner Vaad stated the Board is committed to the standards of the MUD regarding screening, buffering, parking, etcetera. He is satisfied with the applicant's responses, which indicate the proposal wilt preserve the wetland areas, access will remain from Weld County Road 7.5 rather than Highway 119, and dust will be reduced with a paved access which will benefit the open space, as well as the oil and gas activities. Commissioner Vaad moved to approve the request of OCON Group, LLC, and Lehigh Enterprises Acquisition,for a Site Specific Development Plan and Amended Planned Unit Development Final Plan, AMPF#431, for a Lot Line Adjustment for Lot 1, Block 3, and Open Space in the Western Dairymen Cooperative Planned Unit Development, 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 Long who stated the original design was not the most advantageous, and this adjustment will allow the area to be used more appropriately, while providing better access and maintenance of the open space. There being no further discussion, the motion carried unanimously, and the hearing was completed at 10:35 a.m. 2005-0276 PL1071 HEARING CERTIFICATION - OCON GROUP, LLC / LEHIGH ENTERPRISES ACQUISITION (AMPF #431) PAGE 4 This Certification was approved on the 31st day of January 2005. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO $IL$t / 'l/aAh A-7 ATwt� ' • ►�„ ' 1861 f �c. " qq..�0 William H. Jerks, Chair old9ot5 erk to the Board EXCUSED ,. _ M. J. e'le, Pr.ITe Deputy Clerk to the Boar. _ � - �• David E. Long TAPE #2005-06 EXCUSED Rob D. Masde� DOCKET#2005-06 Glenn Vaad 2005- 0276 PL1071 EXHIBIT INVENTORY CONTROL SHEET Case AMPF #431 - OCON GROUP, LLC / LEHIGH ENTERPRISES ACQUISITION Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 01/04/2005) D. Clerk to the Board Notice of Hearing E. Kevin Lyles E-mail of Opposition, dated 01/17/2005 F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF JANUARY, 2005: DOCKET#2005-06 -OCON GROUP, LLC / LEHIGH ENTERPRISES ACQUISITION DOCKET#2005-07 - L.G. EVERIST, INC. PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip �G'',"w triad- /zi&' Id cR /tr Font-AM.'; GOgOrg*zr i<etil„ l<s 1 Ott( &` -e lr ie- brit,&11L (o fa(1 &TM/nrt /4) 1L / i L 12-5-2 /P cd/C�j2 ict; 1--Iilarr4/ co. Lodz/ poll) G,LtSnl 2431 ALE✓/'Eli cite , LoNa o, Co 52A-- JliMes I • S;'fine-. /7/ S- S r t emit /,. o Ze ko fair)oL Cr) tot-3? DAV M1_-kmN 94 R U Cam„ l) 1�1� �-I d 6--c ) C a a dfl 33 L V& J MRV� 732-1 5 Au &,, zero PiatAk.&t, Go 8'0(oYo fj'Ifrudeeeiv moo& 72-O ei jot:A/ , S /t 7I-7 /_�q c-'oo4 g0zi5 /MvU FETWO v/ 2 72 �f 34J Lo RitI , Cci �ao537 ` O �dSo� / 1 ,11 , 5 `4L.-tAr I au,n�F�-1 �Iat4 W vlc2 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF JANUARY, 2005: DOCKET#2005-04 - MONROENENDEGNA, C/O NICOLE TREVETHICK DOCKET#2005-05 -ANTHONY AND DIANE GODDARD DOCKET#2005-06 - OCON GROUP, LLC/LEHIGH ENTERPRISES ACQUISITION PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip /V/ tat 7/44a1-441-‘,4 /n t liict z. y,,... co Y'9 (fir,' 2 gr/ Lt. , c .7 dc--7-) c 63 L cq UR J[(\ ( ' a- '1, 6 5 '-N , to � j C o b� S� Hello