HomeMy WebLinkAbout20052097.tiff HEARING CERTIFICATION
DOCKET NO. 2005-53.A
RE: CHANGE OF ZONE, PZ #1058, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR EIGHT (8) LOTS
WITH E (ESTATE) ZONE USES AND 11.2 ACRES OF OPEN SPACE - FRANCISCO
GARCIA
A public hearing was conducted on August 17, 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
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, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 24,2005,and duly published June 29,2005, in
the Fort Lupton Press, a public hearing was conducted on July 20, 2005, to consider the request
of Francisco Garcia for Change of Zone, PZ#1058, from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)for eight(8)lots with E(Estate)Zone uses and 11.2 acres of open
space. At said hearing, at the request of the applicant,the Board deemed it advisable to continue
the matter to August 17, 2005, to have the matter heard by a full quorum of the Board. On
August 17,2005, Lee Morrison,Assistant County Attorney,madethisa matter of record. 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
property is not located within an Intergovernmental Agreement area or Urban Growth Boundary area,
the site will be serviced by the Left Hand Water District and septic systems, and he gave a brief
description of the surrounding land uses. Mr. Ogle stated 13 referral agencies reviewed this
proposal, and nine responded favorably or provided comments that have been addressed in the
Conditions of Approval. He stated the property is within the three-mile referral area for the Towns
of Johnstown and Berthoud and Larimer County,which indicated no concern with the proposal. He
further stated although staff received no correspondence from surrounding property owners,they
did receive two telephone inquiries prior to the Planning Commission hearing. Mr. Ogle stated the
applicant is requesting an administrative review of the Final Plan, and staff supports the request.
Pam Smith, Department of Public Health and Environment,stated this development will have nine
(9)lots,the minimum lot size will be 3.6 acres,and the overall density will be 8.2 acres. She stated
the existing house has a permitted septic system, and the rest of the property should be suitable
for conventional septic systems. She further stated the applicant has placed primary and secondary
septic envelopes on Lots 1 through 8.
2005-2097
PL1782
HEARING CERTIFICATION - FRANCISCO GARCIA (PZ#1058)
PAGE 2
Donald Carroll, Department of Public Works, stated the property will be accessed from State
Highway 60, and the applicant does have an access permit from the Colorado Department of
Transportation (CDOT). He stated Lot 9 will be designated as an Agricultural Outlot, the interior
road and cul-de-sac will be paved, and staff has requested a Drainage Report be submitted at the
time of Final Plan. In response to Chair Jerke, Mr. Carroll reiterated the internal road will be paved
and will have two 12-foot driving lanes with 4-foot gravel shoulders.
Francisco Garcia,applicant,stated Highway 60 is located to the north of the proposed development,
and the large area to the south is the existing Agricultural Outlot and residence. Responding to
Commissioner Masden, Mr.Garcia stated the School District is requesting a school bus pull off and
a covered structure for students, and the post office box will be located in the same area.
No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Garcia
stated he has reviewed and concurs with the Conditions of Approval.
Commissioner Vaad moved to approve the request of Francisco Garcia for Change of Zone,
PZ #1058, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) for
eight (8) lots with E (Estate) Zone uses and 11.2 acres of open space, 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 Geile, and it
carried unanimously. In response to Mr. Ogle,the Board indicated concurrence with the applicant's
request for administrative review. There being no further discussion, the hearing was completed
at 2:00 p.m.
This Certification was approved on the 22nd day of August 2005.
APPROVED:
4 La BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4".0. �,�,��
a6i /��la titi '
William H rke, Chair
O�7 \ elrr� Clerk to the Board
M. J. Ile, Pro-Tem
BY:
eputy Clerk to the Board uJ Scy
Davi ivvo
TAPE #2005-33
Robert Masden
DOCKET #2005-53 /tufa .IAS-�
Gle n Vaad -
2005-2097
PL1782
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1058 - FRANCISCO GARCIA
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 05/17/2005)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter and Surface Use Agreement
addressing Condition #1.A Prior to
Scheduling
F. Jeff and Teresa Beemer Letter of Concern, dated 07/18/2005
G. Planning Staff Certification and Photo of sign posting for
7/20 hearing
H. Planning Staff Certification and Photo of sign posting for
8/17 hearing
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