HomeMy WebLinkAbout20051126.tiff HEARING CERTIFICATION
DOCKET NO. 2005-26
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN, PF #1020, FOR 22 RESIDENTIAL LOTS AND 32 ACRES OF COMMON OPEN
SPACE -WAKE, LLLC, C/O CLIFFORD CLIFT AND PAUL CLIFT
A public hearing was conducted on March 30, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner David E. Long - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated March 11,2005,and duly published March 16,2005,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Wake, LLLC,
do Clifford Clift and Paul Clift,for a Site Specific Development Plan and Planned Unit Development
Final Plan, PF#1020, for 22 residential lots and 32 acres of common open space. Lee Morrison,
Assistant County Attorney, made this a matter of record, in addition to the corrected Notice for
Change of Zone, PZ#1020. He explained the notice for Change of Zone#1020 was not published,
and in order to assure the publication requirement was met, a corrected Notice was published for
today. He explained, in terms of the facts,the Board can hear evidence from all parties involved.
He stated if issues arise, they may or may not require a modification to the Change of Zone
Resolution. If no changes are made, the Board will need to make a motion to ratify its original
decision since the legal publication issue has been corrected.
Chair Jerke advised Clifford Clift,applicant,that he has the option of continuing this 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 Long will listen to the record and make
the determining vote. Mr. Clift indicated he would like to proceed today.
Kim Ogle, 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. He stated
the site will be serviced by the North Weld County Water District and septic systems. He gave a
brief description of the location of the site and surrounding land uses,and stated the Town of Eaton
indicated no conflicts with its interests. Mr. Ogle stated the 18 lots will be compatible with the
surrounding developments in the near vicinity,and the applicant has provided Covenants to address
the style and size of homes and what will be allowed in the development. He stated 12 referral
agencies reviewed this proposal, 10 responded with comments that have been addressed in the
Conditions of Approval and Development Standards. He stated at the Change of Zone hearing Dan
2005-1126
PL1245
,G2; AGE fAU'& ) Cf-
HEARING CERTIFICATION-WAKE,LLLC,CIO CLIFFORD CLIFT AND PAUL CLIFT(PF#1020)
PAGE 2
Foster, representative for the Appaloosa Acres Homeowners' Association, expressed concern
regarding the view of the backs of the proposed homes, and Ms. Gilbaugh suggested turning the
homes to face the outside of the development. Mr. Ogle read portions of the minutes from the
Change of Zone hearing indicating the Board also had concerns with negative impacts to the
surrounding communities and provided the applicant with suggestions for alternate layouts;
however,the applicant is proposing the same design proposed at the Change of Zone. Mr. Ogle
stated the applicant has met with neighbors to discuss the impacts of the layout,there is a bus pull
off area and shelter as required by the Eaton School District, and staff has not received
correspondence from surrounding property owners. Chair Jerke noted that his comments at the
Change of Zone hearing were merely a suggestion for the applicant to consider;however,it was not
included as a Condition of Approval or Development Standard. Mr.Ogle stated the applicants chose
not to change the design layout due to the financial costs and they have attempted to mitigate the
concerns of the neighbors through an extensive landscape plan and a substantial setback.
Commissioner Vaad noted there was a similar project along Weld County Road 74 at which the
School District refused to enter the development or pull off the road, whereas, the District has
agreed to a pull off at this development. Mr. Ogle stated the speed limit in front of the subject
development is 45 miles per hour, whereas the speed limit at the other site is 55 miles per hour.
He explained the School District prefers to have buses remain on the road and stop traffic at high
speed locations rather than turn off and re-enter traffic flow.
Pam Smith, Department of Public Health and Environment,stated the applicants are proposing 22
one-acre lots, and the septic systems will be conventional. She noted this site will be better than
the adjacent development,Appaloosa Acres First platting,in which there is a ditch that is having a
negative impact on the septic systems. Ms.Smith stated the applicants have included primary and
secondary septic envelopes,which is more than she required. She further stated she spoke with
the applicant regarding the corrected language for the plat, the change has been made, and the
second paragraph of Condition of Approval#1.B can be deleted. Responding to Chair Jerke, Ms.
Smith stated the overall density is one residence per 2.77 acres.
Peter Schei, Department of Public Works, stated the property is accessed from Weld County
Road 74. He explained at the Change of Zone hearing,Weld County Road 74 was classified as an
arterial road; however, it has been reclassified to a collector road,and the necessary right-of-way
is in place. Mr. Schei stated the interior road will be a two-lane paved surface built to County
standards,which will be accepted by the County upon completion of the warranty period, and the
applicant has submitted an Improvements Agreement that has been accepted by the Department
of Public Works. Responding to ChairJerke,Mr.Schei stated the Second Replat of Gilbaugh Acres
was done in 1973,at which time they dedicated 50 feet of right-of-way. He stated unfortunately to
the east,Weld County Road 74 is a collector status road,and to the west there are portions that are
designated as a minor arterial. Chair Jerke stated it was his understanding that the Strategic
Roadway Plan requires 140 feet on strategic roads. Mr.Schei agreed;however,he stated the Weld
County Roadway Classification Study indicates otherwise and as currently depicted,the applicant
is responsible for40 feet of right-of-way,and the applicant has provided 50 feet. Chair Jerke stated
the original reason for conducting the Weld County Road 49 Study was based on input from the
Department of Public Works which indicated roads north of Highway 34 to Highway 14 need 140
feet of right-of-way. In response to Commissioner Vaad, Mr. Schei stated Weld County Road 74
is classified as an arterial from Weld County Road 13 and Highway 85,and switches to a collector
status east of Eaton over to Galeton, and Weld County Road 41 is classified as a collector status
2005-1126
PL1245
HEARING CERTIFICATION-WAKE,LLLC,CIO CLIFFORD CLIFTAND PAUL CLIFT(PF#1020)
PAGE 3
road. He stated west of Eaton is classified as a minor arterial requiring a mandatory 110 feet of
right-of-way. He explained a minor arterial requires 110 feet,and a major arterial requires 140 feet
of right-of-way. Mr. Ogle stated the applicants have submitted a new itemized Improvements
Agreement, therefore, the second and third paragraphs of Condition of Approval #1.A can be
deleted,and Condition#1.D can also be deleted. He also requested Condition#2.1 be modified to
delete "method of trail," however, he later corrected his request to modify Condition #1.H, and
explained the trail will be maintained by Appaloosa Acres, not the Homeowners' Association.
Responding to Commissioner Vaad,Mr.Schei stated Highway 392,east of Weld County Road 59,
is classified as an arterial status, and considered a minor arterial since it is not in an urban area.
Commissioner Vaad stated the rationale for reducing the classification on Weld County Road 74
is still unclear; however, it does not seem appropriate to change the requirement as it was
presented to the applicant. Commissioner Geile commented he was not aware that the Roadway
Classification Study was completed, rather, it is a work in progress. Mr. Schei stated that is what
staff has been provided when reviewing cases,and he is not aware of any other document to review
roadway classifications. Chair Jerke commented in a prior case staff referred to Weld County Road
27,which is not a strategic road, and required140 of right-of-way. He expressed concern with the
apparent inconsistency of the study.
Mr. Clift stated at the Change of Zone hearing there were neighbors who expressed concern
regarding their views to the west. Their suggestions included a new design and landscaping. He
submitted a map showing a looped road design, marked Exhibit B, and stated one of the major
concerns was increased traffic. He stated the looped road design would have resulted in car lights
shining into the fronts of adjacent properties, as well as creating a 100-foot distance which would
have made it easy for people to drive across the open space and exit through Appaloosa Acres on
Appy Way. Alternately, he submitted a landscape plan, marked Exhibit C, which he reviewed for
the record. Mr.Clift reviewed the maintenance plan and stated they have purchased an additional
water tap to irrigate the landscaping. He stated the remaining concern was decreased property
values; however, he reviewed the various design elements that will ensure quality homes.
(Switched to Tape#2005-20.) Mr. Clift submitted photographs of the proposed homes, marked
Exhibit C, and stated the Covenants require the back of houses to look like the front so they are
more inviting. He stated the residents will not be allowed to have outside parking, RV's, trailers,
boats,etcetera,all of which is being required to mitigate the concerns of Gilbaugh Acres residents.
He stated the homes will range in value from$275,000 to$350,000. Responding to Commissioner
Geile,Mr.Clift stated throughout the process staff has represented that 50 feet of right-of-way would
be required from the centerline of Weld County Road 74. He further stated he has met with the
School District regarding its standards for a bus pull out and shelter, and they will be built to those
specifications. In response to Chair Jerke, Mr. Clift stated it is approximately 1,500 feet from the
entrance of the site to the nearest intersection.
No public testimony was offered concerning this matter. In response to Chair Jerke,Mr.Clift stated
he and the applicant have reviewed and concur with the Conditions of Approval as proposed and
modified.
Commissioner Vaad moved to ratify Change of Zone, PZ#1020, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development)Zone District for 22 residential lots and 35 acres
of common open space,previously approved on April 21,2004,for Wake,LLLP,do Clifford Clift and
Paul Clift. The motion was seconded by Commissioner Geile, and it carried unanimously.
2005-1126
PL1245
HEARING CERTIFICATION-WAKE, LLLC,CIO CLIFFORD CLIFT AND PAUL CLIFT(PF#1020)
PAGE 4
Commissioner Geile moved to approve the request of Wake, LLLC,c/o Clifford Clift and Paul Clift,
for a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1020,for 22
residential lots and 32 acres of common open space, based on the recommendations of the
Planning staff, with the Conditions of Approval as entered into the record. His motion included
deleting the second and third paragraphs of Condition of Approval#1.A,the second paragraph of
Condition #1.B, Condition #1.D, and the word "trail"from Condition #1.H. Commissioner Vaad
commented it does not seem fair to change the roadway status on the applicant at this point and
they will be required to provide 50 feet of right-of-way. The Board concurred,it will need to work with
staff in the future regarding the status of the Roadway Classification Study. The motion was
seconded by Commissioner Vaad,and it carried unanimously. There being no further discussion,
the hearing was completed at 2:45 p.m.
This Certification was approved on the 4th day of April 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Mk)
lE llia William H. J e, Chair
Weld County Clerk to the ar.
f_44.? . J. eile, Pro-Tem
BY: _
Deputy Clerk to the B. ."e A EXCUSED
'til$, Davi . Long
�( P 1. �„
TAPE #2005-19 and #2005-20 `ft 4' U(. 11J
Robe D. Maen
/DOCKET#2005-26 1441
Glenn \Thad
2005-1126
PL1245
EXHIBIT INVENTORY CONTROL SHEET
Case PF #1020 -WAKE, LLLC, CIO CLIFFORD CLIFT AND PAUL CLIFT
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Applicant Map depicting Exterior Road design and
Headlight effects
C. Applicant Landscape Plan Map, 08/06/2004
D. Applicant Copies of PowerPoint Presentation (12
pages of photographs)
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF MARCH, 2005:
DOCKET#2005-24 -ALICIA VASQUEZ
DOCKET#2005-25 -STEPHAN BRANCUCCI
DOCKET#2005-26 AND #2004-37.A -WAKE, LLLP, C/O CLIFFORD CLIFT AND PAUL CLIFT
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
krkec t noc cc) i3 q l IA/2C t, J.7 , Ac, /4,0 ) Co 7060 3
t0AL106 ALA aCd11z L tz 7G £ o4) Co, FDIC
o2bk1i l cR 7 , . 806 (5
I M-,G,. S=OS zzv 1 n ('LD sek
,gyp i Fr il L, C
l=�SOrJ/�/� 3x.51 .�.•A-• A42-t,
\Z� trjr- ,,hlEy , / , p
1 LJ /C P (AA A-020,•-- 2)I - �9 /'-t �1 t`t l c Co( U
i���/.tk St // 'XdC 5uus'ress �/ r( /,r e4" C� 553s
/32' e -& 3S7/ /3 GU////4,62 ,vdi'fi ��U?/
Hello