HomeMy WebLinkAbout20042521.tiff HEARING CERTIFICATION
DOCKET NO. 2004-70
RE: CHANGE OF ZONE #604 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - DARREL ADOLF AND
DELMER ZIEGLER
A public hearing was conducted on August 18, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
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 July 23,2004,and duly published July 28,2004,in the
Fort Lupton Press, a public hearing was conducted to consider the request of Darrel Adolf and
Delmer Ziegler for Change of Zone#604 from the A(Agricultural)Zone District to the PUD(Planned
Unit Development) for six (6) Residential lots and one (1) Agricultural Outlot. 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. Ms.Lockman stated throughout this process
the applicant has modified the application from five to six lots configured in a cluster development,
and she gave a brief description of the location of the site. She stated 12 referral agencies reviewed
this proposal, ten responded with comments that have been addressed in the Conditions of
Approval, and staff received no comments from surrounding property owners. She further stated
individual wells and septic systems will service the lots,the cluster development requirements have
been incorporated into the Conditions of Approval and Development Standards, and the 80-acre
agricultural outlot will be restricted from development for 40 years. She stated Condition #1.E
requires a water tank for fire protection purposes; however, the Nunn Fire Protection District has
provided a letter, marked Exhibit F,stating a fire suppression water tank is not required,therefore,
the Condition can be deleted. Responding to Commissioner Vaad, Ms. Lockman stated the Nunn
Fire Protection District has expressed opposition to the recently approved addressing system
adopted by the County because it creates problems when trying to locate residences. In response
to Commissioner Geile,Ms.Lockman stated she is uncertain who will maintain the 80 acres of open
space. Mr. Morrison stated the ownership and holder of the Conservation Easement must meet
certain qualification to hold the easement and prevent further development. He stated the developer
can own the lot with the assurance that it will not be developed. He further stated a conservation
easement separates the development rights from the ownership rights, so it can be held by two
separate parties.
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HEARING CERTIFICATION - DARREL ADOLF AND DELMER ZIEGLER (PZ#604)
PAGE 2
Pam Smith, Department of Public Health and Environment, stated these will be large lots,and the
preliminary perk rates indicate engineered systems will be required due to the shallow bedrock.Ms.
Smith stated staff initially requested the applicant provide primary and secondary septic envelopes
since the lots are large enough to accommodate livestock and would be sharing wells. She stated
although each lot will now have an individual well, she still feels that septic envelopes should be
designated.
Peter Schei, Department of Public Works,described the location of the site. He stated the applicant
is requesting a waiver from the paving requirements,and that request is currently under review by
the Director of Public Works. Mr. Schei stated he supports granting the waiver because this is a
nonurban area that is not within close proximity to other developments or municipalities, and the
adjacent roadways are not planned to be paved within the next year. However, Mr.Schei stated he
does not have the authority to make that decision,and the request has not been officially signed off
by the Director. He stated Weld County Road 17 is a gravel road and the applicant will be required
to participate in dust mitigation. In response to Commissioner Jerke, Mr. Schei stated both roads
are maintained by Weld County,and due to increased activity,dust mitigation is necessary,with the
applicant being responsible for their proportional share. Responding to Commissioner Long, Mr.
Schei stated the average daily traffic count is approximately 203 vehicles on Weld County Road 17
between Roads 100 and 102. Mr.Schei suggested modifying Condition#1.F.1 to replace the word
"paved"with"travel,"and adding the following to Condition#4.C:"Should the applicant's request for
a waiver of the paving requirements be granted by the Director of Public Works . . . " to leave
flexibility for what the Director decides. Commissioner Geile expressed concern with those
changes leaving the decision to the Board's discretion. Mr. Schei stated he supports the waiver
request; however, that decision is the Director's. Mr. Morrison stated the Board does have the
authority to make the decision today. Commissioner Jerke stated he would prefer to make a
determination now and provide the applicant with some direction, and the Board concurred. Mr.
Schei clarified he does not want to give the impression that his comments represent the decision
of the Director. Commissioner Geile clarified the Board has jurisdiction to supercede the Director
in this situation.
Michael Chalona, Land Images, stated they have worked with the Nunn Fire Protection District,
which does not require a water tank because they have water trucks. He stated there is no
indication that Weld County Roads 102 or 17 will be paved within the next five years, and he
requested the Board waive the paving requirements. Mr. Chalona stated the developer intends to
retain the 80-acre agricultural outlot,which is currently in CRP(Conservation Reserve Program).
He stated the applicants have worked with the State Water Engineer to comply with cluster
development requirements;however,they must receive approval from the County before the State
will issue well permits. In response to Commissioner Jerke, Mr. Chalona reiterated the current
landowner/developer will retain ownership of the 80 acres,and the Homeowners'Association will
maintain the lots,internal roads,etcetera. Responding to Commissioner Geile,Mr.Chalona clarified
they do intend to comply with the Conservation Easement requirements. In response to
Commissioner Long,Mr.Chalona stated Weld County Road 17 is currently at the threshold for dust
mitigation,this development will add approximately 57 vehicles,and the applicant agrees to pay a
proportional share for upgrades and improvements. Responding to Commissioner Jerke,Mr.Schei
stated the applicants' share would be approximately 20 percent, with the remaining background
traffic being the responsibility of the County.
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HEARING CERTIFICATION - DARREL ADOLF AND DELMER ZIEGLER (PZ#604)
PAGE 3
No public testimony was offered concerning this matter. In response to Chair Masden,Mr.Chalona
stated he and the applicant have reviewed and concur with the Conditions of Approval as proposed
and modified. Commissioner Geile moved to accept the request of the applicant to waive the paving
requirements and modify Condition #1.F.1 as proposed by the Department of Public Works.
Commissioner Long seconded the motion, which carried unanimously.
Commissioner Long moved to approve the request of Darrel Adolf and Delmer Ziegler, based on
the recommendation of the Planning Commission and Planning staff, with the Conditions of
Approval as entered into the record. His motion also included the deletion of Condition#1.E, and
modifying Condition#1.F.1 to replace the word "paved"with "travel." (Clerk's Note: Condition of
Approval#4.C has been deleted due to paving requirements being waived by the Board.)The motion
was seconded by Commissioner Jerke, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:45 a.m.
This Certification was approved on the 23rd day of August 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
����•� WEL COUN
TY COLORADO
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Robert D. Masden, Chair
361 �' G -IS?1 erk to the Board
at_er � / / William H. J e, Pro-Tem
iy Clerk tot a Board
M. J. e e
TAPE #2004-35 �_ f ♦ _
David . Long
DOCKET#2004-70
Glenn Vaa.t
2004-2521
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#604 - DARREL ADOLF AND DELMER ZIEGLER
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 07/06/2004
and 06/01/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting,
submitted 08/18/2004
F. Planning Staff Letter from Nunn Fire Protection District re:
fire suppression water tank and addressing
system, received 08/01/2004
G.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF AUGUST, 2004:
• DOCKET#2004-70 -DARREL ADOLF AND DELMER ZIEGLER
DOCKET#2004-62 -CATTAIL CREEK GROUP, LLC
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