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Home My WebLink About20052671.tiff HEARING CERTIFICATION DOCKET NO. 2005-68 RE: CHANGE OF ZONE, PZ#1066, FROM THE A (AGRICULTURAL)ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES, ALONG WITH 28.4 ACRES OF OPEN SPACE - MIKAL TORGERSON A public hearing was conducted on October 5, 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 Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Jenny VanEgdom Assistant County Attorney, Lee Morrison Planning Department representative, Kim Ogle Health Department representative, Pam Smith Public Works representative, Peter Schei Public Works representative, Robert Jacobs The following business was transacted: I hereby certify that pursuant to a notice dated September 9, 2005, and duly published September 14, 2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Mikal Torgerson for a Site Specific Development Plan and Use by Special Review Permit #1066 for Change of Zone, PZ#1066,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)for nine(9)lots with E(Estate)Zone uses, along with 28.4 acres of open space. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke advised the applicant, Mikal Torgerson, 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. Torgerson 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 gave a brief description of the location and surrounding uses, and stated the proposed site is within the three-mile referral area for the Towns of Severance,Ault,and Pierce. He stated at the Sketch Plan Phase,the Town of Ault requested the applicant to petition for annexation; however,the proposed subdivision is outside the Intergovernmental Agreement area, therefore,the applicant is not required to petition for annexation. Mr.Ogle stated the Towns of Severance and Pierce responded that the development has no conflict with their interests. He stated no letters or inquiries have been received regarding the proposed subdivision,and the Planning Commissioner unanimously recommended approval of the application. He further stated the applicant has not requested an administrative review;however,staff is in support of an administrative review. Responding to Commissioner Vaad, Mr. Ogle stated the proposed development is seven miles from the Town of Ault. 2005-2671 PL1791 l� P�, /z{; a?) /O-may �s HEARING CERTIFICATION - MIKAL TORGERSON (PZ#1066) PAGE 2 Pam Smith, Department of Public Health and Environment, stated the minimum lot size will be 2.4 acres, and the proposed sewage disposal will be through septic systems. She stated preliminary perc information found a shallow bedrock layer at around 4.5 feet,which indicates that the septic systems will most likely be mounted or engineered systems. She further stated the perc rate was acceptable. Responding to Chair Jerke, Ms. Smith stated the minimum separation between the bottom of the leach field and the bedrock is four feet. She stated the septic system will be placed at grade, then built up. She further stated a lift station may be necessary if there is basement plumbing,depending on the slope conditions. Ms.Smith stated the conditions described are fairly common, and staff can work around the issues. Responding to Commissioner Vaad, Ms. Smith stated a mounted septic system is a type of engineered septic system, which are more expensive, since the engineering costs are an additional expense. Peter Schei, Department of Public Works, stated Weld County Road 86 is a local roadway,and an existing subdivision to the west has graveled roads. He stated staff recommends an Off-site Improvements Agreement. He further stated the internal road of the subdivision will be graveled, which was granted and accepted by the Planning Commission. He stated the drainage onsite is standard and conformable, and deemed acceptable according to reports. Responding to Chair Jerke, Mr.Schei stated the entrance to the subdivision will be located adjacent to Weld County Road 86,which is a gravel road. He further stated there is no current traffic count;however,a technician will complete an average daily traffic count, to document the existing traffic count, which will be taken into consideration for the cost-sharing agreement for off-site roadway improvements and dust mitigation. Mr.Torgerson stated the lot sizes in the subdivision will range from 2.4 to 9.0 acres. He stated a large open-space area is proposed for the back and around the sides of the property,and the open space will help to buffer the subdivision from the existing residence on Weld County Road 86. He clarified he would like to request an administrative review. Responding to Commissioner Geile, Mr.Torgerson stated the Homeowner's Covenants have not been drafted. Further responding to Commissioner Geile, Mr.Torgerson stated the architectural controls are still being formulated, as he is asking for input from potential builders. He further stated the homes will most likely be stick- built homes; however,one of the potential builders is interested in building log homes. Responding to Commissioner Masden, Mr.Torgerson stated the Fire Department determined hydrants are not required within the subdivision. In response to Commissioner Masden, Mr. Schei stated the entrance road to the property is 1,400 feet, under the maximum length allowed, and a second entrance not being needed was determined by the Fire Department. In response to ChairJerke,Mr. Torgerson stated the open space will be deeded to the Homeowner's Association,will remain dry land grass, and will be a riding area for horses. Further responding to Chair Jerke, Mr.Torgerson stated the North Weld County Water District will provide water service. Jerry Miller, adjacent property owner, stated he is not opposed to the proposed development; however,he is opposed to modular homes being placed on the lots. He further stated he would like the applicant agree to a stipulation that the houses on the lots must be stick-built homes. Responding to Commissioner Geile,Mr.Miller stated he does have any knowledge of the proposed covenants for the Homeowner's Association. Responding to CommissionerJerke,Mr.Miller stated he lives in a 2,200 square-foot stick-built home, which was built in 2001. 2005-2671 PL1791 HEARING CERTIFICATION - MIKAL TORGERSON (PZ#1066) PAGE 3 Mr.Torgerson stated he appreciated the concerns of Mr. Miller; however,there is a wide variety of modular homes. He stated he did not believe it to be appropriate to condemn modular homes,and he is willing to have a discussion about the controls on modular homes. Commissioner Geile stated he is surprised that the covenants of the Homeowner's Association have not been drafted, and he feels like the Final Plan Review will have to be through the Board of Commissioners. In response to Commissioner Geile, Mr. Torgerson stated the Homeowner's Association documents are not required to be drafted until after Change of Zone approval. He further stated his intention regarding modular homes would be to require architectural details. Responding to Commissioner Vaad, Mr. Schei stated any type of foundation could be considered as an engineered foundation. Commissioner Vaad stated he agreed that the Final Plan approval should stay with the Board. Chair Jerke stated he would like to see a high-quality development,and would like to have the Board hear the final review as well, so that the surrounding area is protected. Commissioner Masden stated he agreed with the Board having the final review. Responding to ChairJerke,Mr.Torgerson stated he has reviewed and concurs with the Conditions of Approval and Development Standards as proposed. Commissioner Vaad moved to approve the request of Mikal Torgerson for Change of Zone, PZ#1066,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)for nine (9) lots with E (Estate) Zone uses, along with 28.4 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,with a the Final Plan of approval through the Board of County Commissioners. The motion was seconded by Commissioner Masden. Responding to Chair Jerke, Mr. Morrison stated modular homes built before 1980 may not be brought onto the property; however,any modular home built after 1980 cannot be discriminated against. He further stated the Board can require and approve standards that are structure neutral,regarding size and architectural requirements, and the homes must meet Code requirements. There being no further discussion, the motion carried unanimously. There being no further discussion, the hearing was completed at 11:20 a.m. 2005-2671 PL1791 HEARING CERTIFICATION - MIKAL TORGERSON (PZ#1066) PAGE 4 This Certification was approved on the 10th day of October 2005. I sari�®`� APPROVED: / `,,�t►y �� BOARD OF COUNTY COMMISSIONERS �� ±teat (( :, ? : .'WELD COUNTY, COLORADO ATTEST: ,II 1.c4\ F j EXCUSED DATE OF APPROVAL Y ib ./ William H. e, Chair Weld County Clerk to the BNi;` " U t1 �� C1 M. J. Geile, P�m BY: r D uty Cle to the Bor EXCUSED David E. Long TAPE #2005-37 EXCUSED DATE F AP ROYAL Robe) D. Masd n DOCKET#2005-68 " nZati�/�/ Glenn Va -� 2005-2671 PL1791 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1066 - MIKAL TORGERSON 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 08/02/2005) D. Clerk to the Board Notice of Hearing E. Planning Staff E-mail indicating Conditions Prior to Scheduling have been met, dated 09/01/2005 F. Planning Staff Affidavit of Posting G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF OCTOBER, 2005: DOCKET#2005-70 - PF#1059, Applied Films Corporation, c/o Todd Hodges Design, LLC DOCKET#2005-68 - PZ#1066, Mikal Torgerson PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip Cth14,1itthn, l36sl CR. 86 4. 8(3(427 TC/T) m //Pr /3(,,r Cie 8r letec, e Cl C� /nr LtL L DrsZgc,2r 95e6 t- z 5 f2c>-iT c, c 2on� � I l " � co Sob AMae Johnsen 7 dd/tdg c Dec n ,za&q N /e w/Mrf/ C'D 89& 7 tTiM _Mc' FA= c�va S. iiieT Pt dvy �-°© piffy in l al E ✓ywLeiQC-y5T. Fr cal \N gvSZ ktKAL 7 6, >z N ZZ3 N, Coi-L 6—iE- Fr LOLL Ikl& 865Z¢ Hello