HomeMy WebLinkAbout20053190.tiff HEARING CERTIFICATION
DOCKET NO. 2005-83
RE: CHANGE OF ZONE, PZ#1074, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E(ESTATE)ZONE USES-FRANK AND LORETTA WRIGHT
A public hearing was conducted on November 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
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated October 28,2005,and duly published November 2,
2005,in the Fort Lupton Press,a public hearing was conducted to consider the request of Frank and
Loretta Wright for Change of Zone, PZ #1074, from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for nine (9) residential lots with E (Estate)Zone
uses. Lee Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman,
Department of Planning Services,presented a brief summary of the proposal,entered the favorable
recommendation of the Planning Commission into the record as written,and gave a brief description
of the location of the site. He stated fifteen referral agencies reviewed this proposal, and thirteen
responded favorably or provided comments that have been addressed in the Conditions of Approval.
Mr.Gathman stated this PUD is defined as an urban scale development,since it is located in close
proximity to existing subdivisions and PUDs. He stated staff typically requires the installation of
curb, gutter, and sidewalks; however, the Planning Commission indicated those requirements
should be removed. He stated staff is not opposed to waiving the requirement, since the
neighboring developments do not have those improvements,and this proposal is onlyfor nine lots.
Mr. Gathman stated the Towns of Frederick, Erie, and Dacono indicated no concern,and the site
is not within any Overlay Districts. He stated the applicant has provided finalized Surface Use
Agreements with Anadarko,Encana,and Kerr-McGee,as well as a Discharge Agreement with the
New Consolidated Lower Boulder Reservoir and Ditch Company. In response to Chair Jerke,
Mr. Gathman reviewed the surrounding land uses,stated the site slopes away from Weld County
Road 3,and displayed photographs of the site and surrounding area. Responding to Chair Jerke,
Pam Smith, Department of Public Health and Environment, stated the site is 73.9 acres, the
minimum lot size will be 4.5 acres, and the largest lot will be more than 8.0 acres. In response to
Commissioner Geile, Mr.Gathman reiterated there are finalized agreements with all of the oil and
gas operators on the property.
2005-3190
do'. PL,a0, PL1798
/ ���S
HEARING CERTIFICATION - FRANK AND LORETTA WRIGHT (PZ #1074)
PAGE 2
Ms.Smith stated the minimum lot size is 4.5 acres,with an overall density of one(1)septic system
per 8.2 acres. She stated the site will be serviced by the Left Hand Water District,and most of the
lots will have conventional septic systems,with a few requiring engineered systems. She stated
the preliminary Change of Zone plat reflects primary and secondary septic envelopes;however,due
to the good soil conditions and large lot sizes,she is no longer requiring the envelopes. Ms.Smith
stated, at the Planning Commission hearing, she requested Conditions#2.G,#2.H, and#2.M be
deleted; however, those changes were not reflected in the Resolution of Recommendation.
Peter Schei, Department of Public Works, stated the PUD will be accessed from Weld County
Road 3 to the west,and the applicant has agreed to provide the additional right-of-way necessary
for a Minor Arterial, to be shown on the plat. He stated the traffic will contribute to existing dust
problems; however, this portion of Weld County Road 3 is slated to be paved on the Five-Year
Improvements Schedule. Mr. Schei stated staff has discussed an Off-Site Improvements
Agreement and proportional sharing with the applicant,and the internal road will be built to County
standards to be accepted for maintenance following the warranty period. In response to Chair
Jerke, Mr. Schei stated Condition of Approval #5.C addresses the Off-Site Improvements
Agreement.
Frank Wright, applicant, stated the site is approximately 74 acres, and he is proposing nine (9)
residential lots, with four (4) outlots for open space. The average lot size will be six (6)
acres,4.2 acres will become public right-of-way,and the proposed detention pond will be 1.8 acres.
Mr. Wright requested waiver of the requirement for curb, gutter, and sidewalks. Responding to
Chair Jerke, Mr. Wright indicated the location of the future oil and gas well. He further stated the
Covenants will address the types of homes and style of architecture that will be allowed, and the
Homeowners' Association will oversee maintenance of the open space and various other
responsibilities.
No public testimony was offered concerning this matter. Responding to Chair Jerke, Mr. Wright
stated he has reviewed,and agrees with,the Conditions of Approval and Development Standards,
as proposed and modified.
Responding to Commissioner Masden, Mr. Gathman stated the site is outside of any geologic or
subsidence areas. In response to Commissioner Vaad, Mr.Gathman stated the curb, gutter,and
sidewalks were not included as a Condition of Approval;however, it is referred to under Reason of
Approval paragraph#2.b.3. The Board agreed to strike the last two sentences of#2.b.3 and the
three Conditions of Approval referenced by Ms.Smith. Mr.Schei stated the Code does require curb,
gutter, and sidewalks for this type of development, and he suggested including language that
specifically waives that requirement. The Board indicated the public record will reflect its intent to
waive the requirement in this particular rural development for consistency with the surrounding area.
Commissioner Vaad moved to approve the request of Frank and Loretta Wright for Change of Zone,
PZ#1074, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)Zone
District for nine(9)residential lots with E(Estate)Zone uses, based on the recommendations of the
Planning staff and the Planning Commission,with the Conditions of Approval as proposed,and the
deletion of Conditions #2.G, #2.H, and #2.M, as well as the last two sentences of Reason of
Approval paragraph#2.b.3. The motion was seconded by Commissioner Masden, and it carried
unanimously.
2005-3190
PL1798
HEARING CERTIFICATION - FRANK AND LORETTA WRIGHT (PZ#1074)
PAGE 3
There being no further discussion, the hearing was completed at 11:25 a.m.
This Certification was approved on the 28th day of November 2005.
APPROVED:
NO - ° OARD OF COUNTY COMMISSIONERS
n. ,f``;”. ELD COUNTY, COLORADO
ELM .„ R`AATTEST:
1 ? g, illiam H. Jerke, Chair
Weld County Clerk to the B . l : `` ` "
P'r EXCUSED DATE OF APPROVAL
BY:
d1.G !Ol(g`yLt av M. J. ile, Prom
Duty C rk to the Boeid O- '
David E Long
TAPE #2005-44 %Di
Robert asde
DOCKET#2005-83 J
Glenn Vaad
2005-3190
PL1798
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1074 - FRANK AND LORETTA WRIGHT
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 07/19/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items Prior to Scheduling, dated
09/29/2005
F. Applicant Discharge Certificate Agreement, dated
11/18/2005
G. Applicant Memorandum of Agreement, dated
06/22/2005
H. Applicant Surface Use Agreement, dated 08/15/2005
I. Planning Staff Certification and Photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF NOVEMBER, 2005:
DOCKET#2005-85 - MIKE JOHNSON
DOCKET#2005-84 - CARMAN AND BART BECK
DOCKET#2005-83 - FRANK AND LORETTA WRIGHT
DOCKET#2005-86 - RUTH BUCY
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