HomeMy WebLinkAbout20050729.tiff HEARING CERTIFICATION
DOCKET NO. 2005-21
RE: CHANGE OF ZONE, MZ#1060, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO
THE E (ESTATE) ZONE DISTRICT FOR NINE (9) RESIDENTIAL LOTS - GARY AND
JUDY HARKLESS
A public hearing was conducted on March 23, 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 - EXCUSED
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, Michelle Martin
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 4,2005,and duly published March 9,2005, in
the Fort Lupton Press, a public hearing was conducted to consider the request of Gary and Judy
Harkless for Change of Zone, MZ#1060, from the A(Agricultural)Zone District to the E (Estate)
Zone District for nine (9) residential lots. Lee Morrison, Assistant County Attorney, made this a
matter of record. Chair Jerke advised the applicant's representative, Sean Phipps, Pickett
Engineering, 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 the matter
will be deemed denied. Mr. Phipps indicated he would like to proceed today.
Michelle Martin, 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 and surrounding land uses. Ms. Martin stated 18
referral agencies reviewed this proposal,and 15 responded favorably or provided comments that
have been incorporated into the Conditions of Approval and Development Standards. She further
stated staff has not received correspondence from the Division of Wildlife, Eaton Fire Protection
District, Greeley Irrigation Company or the surrounding property owners. Responding to
Commissioner Geile and Chair Jerke, Ms. Martin stated the Estate Zone District does not require
open space, and the site is 33 acres for nine lots, with an average lot size of three acres.
Pam Smith, Department of Public Health and Environment, stated the minimum lot size is 2.5
acres, and the existing house has a conventional septic system permitted in 2002. She stated
preliminary tests indicated groundwater at eight feet with good percolation rates, therefore, she
anticipates conventional systems will be adequate. Responding to Commissioner Geile,Ms.Smith
stated covenants are typically completed at the Final Plan phase,which may address the scheduled
maintenance of the septic systems by the Homeowners' Association. Responding to
2005-0729
PL1766
HEARING CERTIFICATION - GARY AND JUDY HARKLESS (MZ#1060)
PAGE 2
Commissioner Vaad, Ms. Smith stated she is not requiring the specific locations of the septic
envelopes as long as they meet setbacks. She stated septic regulations require a 10-foot setback
from a lot line, so if the septic systems for Lots 2 and 3 are back to back, they are still in
compliance, and they may be situated that way as a result of topography. Responding to Chair
Jerke, Ms. Smith stated the site will be serviced by the North Weld County Water District, the
applicant is proposing a well for fire flow near the oil and gas well located on Tract A outside of any
of the lots, and she is not aware of any existing wells.
Peter Schei, Department of Public Works, stated the interior roads will be gravel, and the exterior
road is Weld County Road 27, which is paved. He stated he is not requiring any improvements
because Weld County Road 27 is sufficient to handle the anticipated traffic. Responding to
Commissioner Geile, Mr. Schei indicated the location of the entry, and stated staff does not have
any concerns with the proposed design.
Mr. Phipps stated the proposed well is a new well that is being coordinated through the State to
meet the requirements of the Eaton Fire Protection District. He stated improvements have been
scheduled for the North Weld County Water District,and once they are complete,the applicants will
have sufficient water to provide fire flow. In the interim,they are proposing an emergency well which
will be used exclusively for fire protection to the specifications of the appropriate agencies. In
response to Chair Jerke,Mr. Phipps stated emergency wells are not required to do an augmentation
plan; however, it will be reviewed by the Colorado Division of Water Resources. Responding to
Commissioner Geile, Mr. Phipps stated the Covenants are not complete; however,the applicants
would be willing to add a provision for the maintenance of the well to ensure it is adequate.
Gary Harkless, applicant, added in the process of coming to an agreement with the North Weld
County Water District,they addressed the fire well. He stated when the extended water line goes
in,fire hydrants will be installed,and once fire flow is adequate in the public water system,the well
is scheduled to be terminated. Mr. Phipps stated some of the septic information is going to be
removed from the Change of Zone plat and included on the Final Plat. Responding to
Commissioner Geile,Mr. Phipps stated the applicant will likely include regular maintenance of the
septic systems as part of the Covenants. Responding to Chair Jerke, Mr. Morrison stated this is
a regular Change of Zone under the Subdivision Regulations and the Final Plan will be required to
be reviewed by the Board.
No public testimony was offered concerning this matter.
In response to Commissioner Vaad, Ms. Martin stated the issue of a cash-in-lieu fee to the school
district is required prior to recording the Final Plan. Responding to Chair Jerke, Mr. Phipps stated
he and the applicant have reviewed and concur with the Conditions of Approval as proposed.
Commissioner Geile moved to approve the request of Gary and Judy Harkless for Change of Zone,
MZ #1060, from the A (Agricultural) Zone District to the E (Estate) Zone District for nine (9)
residential lots,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 Vaad, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:40 a.m.
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HEARING CERTIFICATION - GARY AND JUDY HARKLESS (MZ#1060)
PAGE 3
This Certification was approved on the 28th day of March 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:iatd, e/1''` IE irca
William H. J e, Chair
Weld County Clerk to t e,B.
L 7, W M. J. eile, Pro-Tem
BY: �• ["i �.-�
Deputy Clerk to the Bbar&.��_t EXCUSED
David E. Long
TAPE #2005-18 EXCUSED
Robert . Masden
DOCKET#2005-21 O �
Glenn Vaad
2005-0729
PL1766
EXHIBIT INVENTORY CONTROL SHEET
Case MZ#1060 - GARY AND JUDY HARKLESS
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 02/01/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Preliminary Addressing (01/06/2005) and
Revised Addressing (02/02/2005)
F. Applicant Letter re: Comments from Sheriffs Office,
dated 02/03/2005
G. Applicant Letter to Tim Urnein, School District RE-2,
dated 02/07/2005
H. Planning Staff Certification and Photo of sign posting
Applicant Fax message to Division of Water
Resources, dated 03/08/2005
J. Applicant Response to comments, dated 03/11/2005
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF MARCH, 2005:
DOCKET#2005-21 -GARY AND JUDY HARDLESS
DOCKET#2005-19 -SHERRY LAWLEY
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