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Home My WebLink About20052523.tiff HEARING CERTIFICATION DOCKET NO. 2005-61 RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #604, FOR SIX (6) RESIDENTIAL LOTS AND ONE (1) AGRICULTURAL OUTLOT, ANTELOPE ESTATES PUD - DARREL ADOLF AND DELMER ZIEGLER A public hearing was conducted on August 24, 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 Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick 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 August 5,2005,and duly published August 10,2005, in the Fort Lupton Press,a public hearing was conducted to consider the request of Darrel Adolf and Delmer Ziegler for a Site Specific Development Plan and Planned Unit Development Final Plan, PF #604, for six (6) residential lots and one (1) agricultural outlot, Antelope Estates PUD. Lee Morrison,Assistant County Attorney,made this a matter of record. Sheri Lockman, 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. She stated eleven referral agenciesreviewed this proposal,eight responded favorably or provided comments that have been addressed in the Conditions of Approval, and she submitted a late referral response from the Sheriff's Office, marked Exhibit C, which has been addressed in the Conditions based on earlier referrals. She stated staff did receive one inquiry from a surrounding property owner regarding the inadequacy of the wells; however, staff has no evidence of such. Ms. Lockman displayed photographs of the site and surrounding area, and in response to Chair Jerke, she stated the site is 119.94 acres. She stated there will be six residential lots ranging from 6.0 to 6.6 acres and an 80-acre agricultural outlot, and each lot will have a separate well. Pam Smith, Department of Public Health and Environment, stated the lots are approximately 6.6 acres, which will be served by septic systems and individual wells. She stated the well permits have been issued through the Colorado Division of Water Resources; however, she initially had concerns with the placement of the wells ten feet from the property lines for Lots 2,3,4,and 5. She explained the close proximity could result in impacts from the activities of the adjacent property owner. Ms. Smith stated she discussed relocating the wells with the applicant's consultant; however, she has not received any additional evidence that the issue has been addressed. She stated it may be difficult to relocate the wells on Lots 4 and 5 due to their shape. She further stated 2005-2523 PL1733 HEARING CERTIFICATION - DARREL ADOLF AND DELMER ZIEGLER (PF#604) PAGE 2 all of the septic systems will likely be conventional,and her only outstanding concern is the location of the wells. Peter Schei, Department of Public Works,stated the applicant submitted an Off-site Improvements Agreement for Road Stabilization for Weld County Road 17 adjacent to property, as well as an On-site Improvements Agreement for an internal gravel road, which has been reviewed and approved by staff. In response to Chair Jerke, Mr. Schei stated the road will be maintained by the Homeowners' Association, and the agreement is for the initial contribution of$15,000 for road stabilization. Michael Chalona, Land Images, Inc., represented the applicant and stated the well locations are currently being shifted within the allotted area permitted by the State in relation to the septic envelopes. He stated a verbal agreement for the mineral rights has been negotiated,and they are currently working on a written agreement. He stated in the absence of a signed agreement, the applicant will provide the required 400-foot by 400-foot and 800-foot by 800-foot drilling windows on the plat. He stated the postal box will be relocated in accordance with the requirements of the Wellington Postal Service at the request of County staff. In response to Chair Jerke, Ms. Lockman stated changes discussed by Mr.Chalona deal with changes to the plat,which are addressed in the Conditions of Approval. Ms. Smith stated she will reserve her final approval based on the final submission of the well locations. She stated there is a required 100-foot setback between a well and septic system, and although the wells will provide a potable water supply, she did review the industry standards for non-potable wells, and she wants to ensure the owners of the wells have some control over their water quality. Responding to Commissioner Geile, Ms. Smith stated no public system is planned. She explained the original plan was to share a well; however, the plan was later changed to provide individual wells. In response to Chair Jerke, Mr. Chalona stated the well on the northwest 40 acres is 660 feet or deeper before it hits water, and the owners report annually to the State regarding the amount drawn. He further stated the State Engineer does grant a certain amount of water for garden and livestock use; however, the primary use should be household, with one-half acre of water per household. Responding to Commissioner Vaad, Mr. Chalona stated they initially planned to use crushed gravel on the internal trail system,which was to be maintained by the Homeowners'Association. Ms.Lockman stated due to concerns expressed bya surrounding property owner,a trail is no longer being required and has been removed from the plat. No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Chalona stated he and the applicants have reviewed and concur with the Conditions of Approval as proposed. Commissioner Long moved to approve the request of Darrel Adolf and Delmer Ziegler for a Site Specific Development Plan Planned Unit Development Final Plan, PF#604,for six(6)residential lots and one (1)agricultural outlot, Antelope Estates PUD, based on the recommendation of the Planning staff, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Masden, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. 2005-2523 PL1733 HEARING CERTIFICATION - DARREL ADOLF AND DELMER ZIEGLER (PF #604) PAGE 3 This Certification was approved on the 29th day of August 2005. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M4+/ . JE 1: William H. rke, Chair Weld County Clerk to the . . : '.�.o:,, &AZ 4410, . ile, Pro-Tern Deputy Clerk to the Boa D.. •.. E. Long TAPE #2005-33 Robe D. Masden DOCKET#2005-61 Glenn Vaa 2005-2523 PL1733 EXHIBIT INVENTORY CONTROL SHEET Case PF #604- DARREL ADOLF AND DELMER ZIEGLER Exhibit Submitted By Exhibit Description A. Clerk to the Board Notice of Hearing B. Planning Staff Certification and Photo of sign posting C. Planning Staff Referral response from Sheriff's Office, dated 08/17/2005 D. 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 24TH DAY OF AUGUST, 2005: DOCKET#2005-61 - DARREL ADOLF AND DELMER ZIEGLER PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip god / I pc t b v.,,. e-.1 G o 5-o r o S 14w 1l �7S3 Lrrife Pc"( C19ve k)i .11 ; y� �lv� , CO. 3057q Hello