HomeMy WebLinkAbout20053066.tiff HEARING CERTIFICATION
DOCKET NO. 2005-78
RE: CHANGE OF ZONE, PZ#1087, FROM THE A (AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR NINE (9) LOTS WITH
E (ESTATE) ZONE USES - ED ORR, C/O CASSEDAY CREATIVE DESIGNS, LLC
A public hearing was conducted on November 16, 2005, at 10:00 a.m.,with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tenn
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Trevor Jiricek
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated October 21, 2005, and duly published October 26,
2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Ed Orr,
do Casseday Creative Designs, LLC, for a Change of Zone, PZ#1087, from the A(Agricultural)
Zone District to the PUD(Planned Unit Development)Zone District for nine(9)lots with E(Estate)
Zone uses. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke
advised applicant's representative, Robb Casseday,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 Vaad will listen to the record and
make the determining vote. Mr. Casseday indicated he would like to proceed today.
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 16 referral
agencies reviewed the proposal, 14 responded favorably or provided comments that have been
addressed in the Conditions of Approval and Development Standards, and staff received no
correspondence from surrounding property owners. Ms. Lockman stated the applicant submitted
a letter from Petro-Canada indicating there is no agreement in place;however,the drilling envelope
has been included on the plat. Responding to Chair Jerke, Ms. Lockman stated the site is 24.45
acres, and the average lot size will be two to three acres.
Trevor Jiricek, Department of Public Health and Environment, stated staff recommends approval
of the proposal. He stated the site will have an overall density of one septic system per 2.7 acres,
and all the preliminary geological work shows the lots will be suitable for conventional septic
systems.
2005-3066
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HEARING CERTIFICATION-ED ORR,C/O CASSEDAYCREATIVE DESIGNS,LLC(PZ#1087)
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Peter Schei, Department of Public Works, stated the site will be accessed from Weld County
Road 64.5,which is a paved collector status road, with two twelve-foot paved lanes and four-foot
gravel shoulders. Responding to ChairJerke,Mr.Schei clarified the interior road will be paved,built
to County standards, and accepted for County maintenance since it is in a rural setting and similar
to County roads. He stated the Weld County Code does require curb and gutter when in close
proximity to a municipality or similar development; however,the applicant has requested a waiver
of those requirements, and the Department of Public Works supports the request due to the rural
nature of the area.
Robb Casseday, Casseday Creative Designs, LLC, represented the applicant and stated he and
the applicant have reviewed and concur with the Conditions of Approval, and he requested an
administrative review of the Final Plan. He submitted a copy of the architectural guidelines,marked
Exhibit I,and stated this proposal is for single family dwelling units with Estate uses. He stated any
additions or changes from the Architectural Guidelines will require approval from the Homeowners'
Association and the Architectural Review Committee. Mr.Casseday reviewed the specific building
criteria and allowed decorative elements, exterior and roofing materials, colors, landscaping,
grading, screening and fences, accessory structures, and lighting standards, for the record. He
stated the current oil and gas leaseholder has provided written evidence that it has no intention for
drilling,therefore,the applicant would like to remove the drilling envelope from the plat. In response
to Commissioners Geile and Masden, Mr. Casseday stated the cost of the homes will range from
$300,000 to$350,000, and the applicant will pay Windsor School District RE-4 a cash-in-lieu fee
of approximately$1,214.57,which will cover inadequate facilities, staff, or land, as necessary. In
response to Chair Jerke, Mr. Casseday agreed the last sentence of item#11 of the Architectural
Guidelines should be eliminated;however,he clarified the Guidelines are required to be adopted by
the County. He displayed the Site Plan and indicated the location of open space along the north,
which is accessible from the end of the cul-de-sac. He stated the area will be landscaped and
serve as a buffer to the railroad. He also indicated the location of the open space/outlot on the south
end of the development which will be landscaped, and which will include the stormwater detention
in Lot 1 along Weld County Road 64.5. He further stated the designated open space meets the 15
percent urban standard. In response to Commissioner Masden,Mr.Cassesday stated the applicant
intends to use native grasses, trees, and shrubs in the open space that will be irrigated with a
separate tap from the North Weld County Water District, and the area should require minimal
maintenance by the Homeowners' Association.
No public testimony was offered concerning this matter. Responding to ChairJerke, Mr.Casseday
stated he and the applicant have reviewed and concur with the Conditions of Approval as proposed.
Commissioner Geile moved to approve the request of Ed Orr,do Casseday Creative Designs, LLC,
for a Change of Zone, PZ#1087, from the A(Agricultural)Zone District to the PUD(Planned Unit
Development) Zone District for nine (9) lots with E (Estate) Zone uses, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval as entered into the record, and allow for administrative review of the Final Plan. The
motion was seconded by Commissioner Masden, and it carried unanimously. Ms. Lockman
expressed concern with removal of the drilling envelope since there is a total of five mineral owners.
She explained if the current lease expires, the mineral owners could potentially enter into a new
lease. Mr. Morrison concurred. Responding to ChairJerke, Ms. Lockman stated the well has been
2005-3066
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HEARING CERTIFICATION-EDORR,C/OCASSEDAYCREATIVE DESIGNS,LLC(PZ#1087)
PAGE 3
drilled and capped. Chair Jerke stated this appears to be a buyer-beware situation due to the
density of the proposal and difficulty for future drilling. The Board indicated no concern with removal
of the drilling window. There being no further discussion,the hearing was completed at 11:05 a.m.
This Certification was approved on the 16th day of November 2005.
APPROVED:
� EL���`OARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: Yr//II j� tf��r h'VIP
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dliam H. rke, Chair
Weld County Clerk to the BBY:
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D u CI rk to the Bo d ♦ .d
Da E. Lon.�
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TAPE#2005-43
Robert D. Masden
DOCKET#2005-78 EXCUSED
Glenn Vaad
2005-3066
PL1797
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1087 - ED ORR, C/O CASSEDAY CREATIVE DESIGNS, LLC
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 09/06/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Drilling Envelope Maps; Prior to Scheduling
Items
F. Planning Staff Certification and Photo of sign posting
G. Applicant Letters to Mineral Interests, dated
07/26/2005
H. Applicant Letter of Intent from Petro-Canada, dated
11/07/2005
Applicant Architectural Guidelines for Orr Estates
PUD
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF NOVEMBER, 2005:
DOCKET#2005-82- LARRY AND MARGARET DEHAAN
DOCKET#2005-80 - BRYON LEGG, CIO PHILIP BREEDLOVE
DOCKET#2005-78 - ED ORR
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