HomeMy WebLinkAbout20052785 HEARING CERTIFICATION
DOCKET NO. 2005-64
RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN,
MF #1060, FOR NINE (9) RESIDENTIAL LOTS WITH E (ESTATE)ZONE USES - GARY
AND JUDY HARKLESS
A public hearing was conducted on September 14, 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
Public Works representative, Robert Jacobs
The following business was transacted:
I hereby certify that pursuant to a notice dated August 26, 2005, and duly published August 31,
2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Gary and
Judy Harkless, dba Genesis Construction Company, for a Site Specific Development Plan and
Minor Subdivision Final Plan, MF#1060,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 and entered the favorable
recommendation of the Planning Commission into the record as written. He gave a brief
description of the location of the 33.5-acre site and surrounding land uses. He stated there is an
existing residence located in the northeast corner of the property, and the applicants have
submitted agreements with the New Cache La Poudre Irrigation Company regarding the Greeley
#2 Canal, as well as an agreement with the Graham Drainage Ditch Company. He further stated
the applicants will be responsible for constructing a portion of Faith Lane with the Greeley#2 Canal
right-of-way easement. Mr. Gathman stated the applicants also have an agreement with Merit
Energy Company, which is the sole mineral interest owner. The applicants will install a well for
firefighting purposes on Outlot A to address the requirements of the Eaton Fire Protection District.
He stated Outlots A and B will be non-buildable, with the exception of the fire supply well on Outlot
A and a bus shelter, mailbox, and entrance sign on Outlot B. Mr. Gathman displayed photographs
of the site and surrounding area. Responding to Commissioner Geile, Mr. Gathman displayed a
site plan, marked Exhibit G, and reviewed the locations of the outlots. In response to Chair Jerke,
Mr. Gathman stated the outlots will need to be deeded to the Homeowners' Association with the
designated uses. Responding to Commissioner Geile, Mr. Gathman stated there will be two fire
hydrants extending from the fire supply well, and the letter from Division of Water Resources
indicated no concern with the proposal; however, the applicants still need to obtain the actual well
permit. In response to Commissioner Masden and Chair Jerke, Mr. Gathman stated the applicants
2005-2785
C(71; /9Z- /w, PL1766
HEARING CERTIFICATION-GARY AND JUDY HARKLESS, DBA GENESIS CONSTRUCTION
COMPANY (MF #1060)
PAGE 2
Fire Protection District regarding the location and placement of hydrants,and the District requires
a minimum of 500 gallons per minute for fire protection.
Pam Smith,Department of Public Health and Environment,stated the lots will range from 2.5 to 3.6
acres. She stated there is an existing home on Lot 1, with a septic system which was permitted
in 2002. She further stated based on the Soil Report,staff anticipates the use of conventional septic
systems, and the septic envelopes are adequately sized.
Peter Schei, Department of Public Works,stated Weld County Road 37 is classified as a collector
status road, and the applicants will be dedicating thirty (30) feet of right-of-way. He stated the
internal road will have two 13-foot gravel lanes which will be maintained by the Homeowners'
Association. He further stated staff has requested a revised Drainage Report including FEMA
documentation,as well as revised construction drawings of the intersection. Responding to Chair
Jerke, Mr. Schei stated the threshold mandated by the State is 200 vehicles per day, and this
development will generate an average of 86 vehicle trips per day. He stated paving is not required
since this is not a Planned Unit Development, although it is not uncommon to have paved interior
roads in a nine-lot development.
Sean Phipps, Pickett Engineering, Inc., represented the applicants and stated the fire supply well
will be placed in centralized location on Outlot A, and a cul-de-sac and pull off area have been
designed, which are adequate for emergency vehicles. He stated the required fire flow of 500
gallons per minute is expected, and there is a Condition of Approval which requires a letter of
approval from the Eaton Fire Protection District. Mr.Phipps stated the Division of Water Resources
indicated no concerns with the placement or adequacy of the fire supply well or the source of
potable water. Responding to Commissioner Masden,Mr.Phipps stated an augmentation plan will
not be required because the fire supply well will be capped and locked for Fire Protection District
use only. In response to Chair Jerke, Mr. Phipps reiterated a minimum fire flow of 500 gallons per
minute is needed. Responding to Commissioner Geile, Mr. Phipps stated the draft Covenants
indicate the houses will be stick-built homes.
Gary Harkless,applicant,stated the Covenants indicate what uses will be allowed on the Estate lots,
and the value of the homes will average $500,000.00. He stated the houses will range from
1,800-square-foot ranch-style homes to 2,200-square-foot two-story residences, the Covenants
outline the allowed construction materials,and any variances must be granted by the Homeowners'
Association Architectural Committee. Responding to Chair Jerke, Mr. Harkless stated the
Homeowners'Association will maintain the interior road,the outlots,and their associated facilities.
He further stated the fire supply well will be maintained by the Homeowners'Association;however,
it will be turned over to the Eaton Fire Protection District for its sole use.
Warren Mill, surrounding property owner, stated the applicants' property is well maintained. He
questioned what is proposed for the bus shelter, and stated he would prefer the internal road be
paved to eliminate dust damage to surrounding crops. Mr. Mill stated he wants some assurance
that the Covenants will result in well-maintained properties that are not overgrown with weeds. He
stated weed control is very costly for farmers.
2005-2785
PL1766
HEARING CERTIFICATION-GARY AND JUDY HARKLESS, DBA GENESIS CONSTRUCTION
COMPANY (MF #1060)
PAGE 3
Grant Mill, surrounding property owner, stated he previously owned the subject site. Mr. Mill
expressed his objection to allowing small housing developments throughout the agricultural areas
of Weld County. He stated he wants to ensure this development does not result in lots full of weeds.
He further stated the intersection of State Highway 392 and Weld County Road 37 is very dangerous
due to increased traffic volumes.
Mr. Phipps stated the bus shelter is required by the School District and the Weld County Sheriffs
Office to shelter children waiting for the school bus. He stated the location of the bus shelter has
been coordinated with the School District,and it will be a minimal three-sided structure,six feet by
ten feet, to protect children from the elements. Mr. Phipps stated the applicants are proposing a
gravel interior road,which is allowed by the County Code; however, the construction will allow for
future paving if desired by future residents. He stated the Covenants do include language outlining
a need for the upkeep and maintenance of the homes and yards,and the applicants have an interest
in the upkeep of the development because they will be active residents in the community. Chair
Jerke commented the homes will cost approximately$500,000.00 and it would be beneficial for the
applicants to pave the road; however, it is not a requirement. In response to Commissioner Geile,
Mr. Phipps stated the applicant does not farm in the area. Responding to Chair Jerke, Mr. Phipps
stated he and the applicant have reviewed and concur with the Conditions of Approval as proposed.
Mr.Gathman requested the addition of Condition of Approval#1.M.4 to state,"Utility easements shall
be indicated on the final plat in accordance with the recommendations of the Utilities Coordinating
Advisory Committee." Mr. Phipps stated he and the applicants attended the Utility meeting and
concur with the amendment.
Commissioner Vaad moved to approve the request of Gary and Judy Harkless, dba Genesis
Construction Company, for a Site Specific Development Plan and Minor Subdivision Final Plan,
MF#1060,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 entered into
the record. His motion included the addition of Condition of Approval #1.M.4. The motion was
seconded by Commissioner Long. Commissioner Geile stated he understands the public concern
regarding small developments in agricultural areas in Weld County;however,that issue has been
addressed in the updated Comprehensive Plan,at which time the Board acknowledged that Weld
County is a County in transition and growth in the area will continue. He stated the regulations help
ensure this type of development fits in with anticipated future growth in the area. ChairJerke stated
this is a very typical development on a parcel of land that is difficult to farm with limited water. He
stated he prefers to see a well-designed development rather than weeds or mobile homes. There
being no further discussion, the motion carried unanimously, and the hearing was completed
at 10:35 a.m.
2005-2785
PL1766
HEARING CERTIFICATION-GARYAND JUDY HARKLESS, DBA GENESIS CONSTRUCTION
COMPANY(MF#1060)
PAGE 4
This Certification was approved on the 19th day of September, 2005.
dris APPROVED:
♦` BOARD OF COUNTY COMMISSIONERS
pest f''_ ' 1♦{ WELD COUNTY, COLORADO
WV
ATTEST: 'it r%L. in„ if ...it" (4
% 'ri at William H. rke, Chair
Weld County Clerk to the y . ; ��
eil , Pro-Tem
BY: 7 f 1 ,6
De ty Clerk to the Board
D id E. Lon
TAPE #2005-35
Robert D. Masden
DOCKET#2005-64 EXCUSED DATE OF APPROVAL
Glenn Vaad
2005-2785
PL1766
EXHIBIT INVENTORY CONTROL SHEET
Case MF #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 09/06/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. Planning Staff Memo re: Additional Condition of Approval,
dated 09/14/2005
G. Applicant Overall Layout Plan map
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF SEPTEMBER, 2005:
DOCKET#2005-64- GARY AND JUDY HARKLESS, DBA GENESIS CONSTRUCTION COMPANY
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