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HomeMy WebLinkAbout20053159.tiff HEARING CERTIFICATION DOCKET NO. 2005-73.A RE: CHANGE OF ZONE, PZ#1093, FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES -TERRA FIRMA VENTURES, LLC A public hearing was conducted on December 14,2005, at 10:00 a.m.,with the following present: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem Commissioner David E. Long Commissioner Robert D. Masden - EXCUSED Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Jenny VanEgdom 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 September 30,2005,and duly published October 5, 2005, in the Fort Lupton Press, a public hearing was conducted on October 26, 2005, to consider the request of Terra Firma Ventures, LLC,for Change of Zone, PZ#1093,from the A(Agricultural) Zone District to the PUD(Planned Unit Development)Zone District for nine(9)lots with E(Estate) Zone uses. At said hearing it was determined that the applicant had misunderstood the starting time of the proceedings,therefore,the Board continued the matter to December 14,2005. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke advised the applicant's representative, Timothy Halopoff, JR Engineering, LLC, that he has the option of continuing the matter to a date when the full board will be present. However,if he decides to proceed today,it will require three affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record and make the determining vote. Mr. Halopoff indicated he would like to proceed today. Sheri Lockman, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written,and gave a brief description of the location of the site and surrounding land uses. She stated fourteen referral agencies reviewed this proposal, and eleven responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards. She stated correspondence was not received from surrounding property owners. She further stated the applicant is requesting a change of name from Eagle Ridge Estates to Sage Hill, and the interior access road will be named Sage Hill Road. Ms. Lockman stated staff requests the deletion of Conditions of Approval#1.A, and#5.B, as the applicant has completed the stated requirements. In response to Commissioner Geile, Ms. Lockman stated the Use by Special Review Permit for a former dairy has been vacated. Pam Smith, Department of Public Health and Environment,stated nine lots will be created,and the 2005-3159 ! nG�fa) L PL1794 ;a-3v oS HEARING CERTIFICATION - TERRA FIRMA VENTURES, LLC (PZ#1093) PAGE 2 minimum lot size is three acres. She stated the overall density will be one septic system per 3.9 acres, which is within the Department's policy regarding density. She stated the septic systems will be conventional; therefore, no septic envelopes are required. Peter Schei, Department of Public Works, stated the property fronts Weld County Road 15,which is a paved road,and maintained by the County. He stated the property will be accessed from Weld County Road 15, and the internal access road will be paved. He further stated the property is also adjacent to Weld County Road 86;however,Weld County Road 86 is not maintained by the County. Mr. Schei stated the applicant will dedicate 30 feet of right-of-way along Weld County Road 86 on the Change of Zone plat. In response to ChairJerke, Mr.Schei stated the internal access road will be accepted for maintenance by the County upon completion of the one-year warranty period. Mr. Halopoff stated the flow of drainage on the property is from east to west, towards the Weld County Road 15. He stated the drainage patterns will not be affected,since there will be no building envelopes on the property,nor grading of the road. He stated the subdivision will consist of nine lots with estate homes,and landscaping and fencing will be provided at the frontage of the property. He further stated the Homeowners'Association will provide guidelines similar to other subdivisions with E(Estate)Zone uses. In response to Commissioner Geile,Mr. Halpoff stated the minimum square footage for the homes will be 2,500 feet. He further stated houses will be built by a conventional method,and pre-fabricated homes and certain metal sidings will not be allowed. Further responding to Commissioner Geile, Mr. Halopoff stated the homes will range in price from $500,000.00 to $800,000.00. He stated the required open space will be maintained by the Homeowners' Association, and will include a retention pond in Tract A. He further stated open space will also be provided in Tracts B and C, along Weld County Road 15. Mr. Halopoff stated the property to the east has been dedicated as open space though a family Estate. In response to Commissioner Geile,Mr. Halopoff stated the property to the east is a separate property,and not a part of the PUD. Further responding to Commissioner Geile, Ms. Lockman stated this subdivision will be the first in the area,therefore,the applicant is not required to designate fifteen percent of the property as open space. In response to Commissioner Vaad,Mr. Halopoff stated the drainage on the property flows to the west, and then south, and he is not aware of any issues regarding drainage for residential use. He further stated the property is elevated on a hill. In response to Chair Jerke, Ms. Lockman stated the property is located two miles north of State Highway 14. In response to Chair Jerke, Mr. Halpoff believes the land behind the property, to the east, was dedicated to be left as open space. Chair Jerke cautioned Mr. Halopoff to verify the conditions of the adjacent property to properly inform future homeowners. No public testimony was offered concerning this matter. Ms. Lockman stated staff recommends Administrative Review of the Final Plan. Chair Jerke stated he does not believe further Board review is necessary. Chair Jerke clarified that deletion of Conditions of Approval 1.A and 5.B is requested, and the Board indicated agreement with the request. In response to Chair Jerke,Ms. Lockman stated the interior road will be named Sage Hill Road. In response to Commissioner Long, Ms. Lockman stated four agencies review names for interior roads, to ensure names are not duplicated. She further stated the applicant is required to submit an address sheet as a part of the application. In response to Chair Jerke, the Board 2005-3159 PL1794 HEARING CERTIFICATION - TERRA FIRMA VENTURES, LLC (PZ#1093) PAGE 3 indicated agreement with granting an Administrative Review. In response to Chair Jerke, Mr. Halopoff stated he has reviewed and concurs with the Conditions of Approval as proposed and modified. Commissioner Long moved to approve the request of Terra Firma Ventures, LLC, for Change of Zone, PZ#1093,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine(9)lots with E(Estate)Zone uses, based on the recommendations of the Planning staff and the Planning Commission,with the Conditions of Approval as entered and modified in the record. The motion was seconded by Commissioner Geile, and it carried unanimously. There being no further discussion, the hearing was completed at 10:35 a.m. This Certification was approved on the 19th day of December, 2005. APPROVED: OARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO 2 'r.T ATTEST: Weld County Clerk to the Bo' H. Je e, Chair Th4 • s� Iliam BY: Va11R i n�f Jul 'e, D uty Cl rk �to the Boahrd David E. Long TAPE#2005-48 EXCUSED Robe D. Mas n DOCKET#2005-73 Glenn Vaad 2005-3159 PL1794 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1093 - TERRA FIRMA VENTURES LLC 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 09/06/05) D. Clerk to the Board Notice of Hearing E. Planning Staff Referral from Poudre Fire Authority, dated 09/16/2005 F. Planning Staff Certification and Photo of sign posting G. Planning Staff Revised Preliminary Addressing, dated 09/09/2005 H. Planning Staff Certification and Photo of sign posting Applicant Map of proposed subdivision J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF OCTOBER, 2005: DOCKET#2005-29 - JOE AND RITA GAONA(SHOW CAUSE) DOCKET#2005-73 -TERRA FIRMA VENTURES, LLC DOCKET#2005-76- DBM CONSULTING, LLC / LEHIGH ENTERPRISES ACQUISITION PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe nn 123 Nowhere Street, City, State, Zip p Ll { Y V� � 32v r i- a&'fteL? Gveitir t a/Stc T b I4O c6`bc \t--\ J Sfs., _� S Sze 1 t\v\z-V C�eve^\ Ne v.� - \\ gad( .v1 S --7D I? ,5. c�a S ,5 c n n c 1O12? QCs S. � � � , c - l�gvtY✓ 6 ►� tA E (no boc-n1 SLR Ivts 90S24 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF DECEMBER, 2005: DOCKET#2005-73 - TERRA FIRMA VENTURES, LLC DOCKET#2005-91 - EDMUNDSON LAND, LLC DOCKET#2005-92 - DEBORAH LOWRY DOCKET#2005-93 - RICHARD AND TAMMI FISHER PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 77;7077,--/ J. FaL.vev 2ai 9 5c6cc o'n6 Si , / C� LL„✓5 Dc, t o % 0 ic r C 4 2 °1.. A� 4, 0.-2o,p� tG 2-o /, -) 9 ustS7o i -2 CT COL-LT,.J 5 Co c cz c icigx J%� /� (ak ttitui Go.<rob 3y /�2,9Gla/6 //',_e flin/w zazsi /7wr.39/2 (6/L8£! E Y ('O 8O‘,.3/CA2“. / .eLrL-e-MA Hello