HomeMy WebLinkAbout20042027.tiff HEARING CERTIFICATION
DOCKET NO. 2004-57.b
RE: CHANGE OF ZONE#1032 FROM THE A (AGRICULTURAL)ZONE DISTRICT TO THE
PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR NINE(9) RESIDENTIAL
LOTS WITH E(ESTATE)ZONE USES,TWO(2)LOTS WITH A(AGRICULTURAL)ZONE
USES, AND 13.63 ACRES OF COMMON OPEN SPACE -UIV LAND, LLC, CIO NOLAN
ULMER
A public hearing was conducted on August 11, 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, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated June 18,2004,and duly published June 23,2004, in
the Fort Lupton Press, a public hearing was conducted on July 14, 2004, to consider the request
of UIV Land, LLC,Go Nolan Ulmer for Change of Zone#1032 from the A(Agricultural)Zone District
to the PUD (Planned Unit Development)Zone District for nine (9) residential lots with E (Estate)
Zone uses,two(2)lots with A(Agricultural)Zone uses,and 13.63 acres of Common Open Space.
At said hearing the Board deemed it advisable to continue the hearing to July 28, 2004, to allow
Planning Services staff adequate time for sign posting. However, due to the lack of a quorum on
July 28,the hearing was not held. On Monday,August 2, 2004,the Board called up the matter for
the purpose of continuing the case to August 11,2004, as previously arranged with the applicant.
On August 11, 2004, Lee Morrison,Assistant County Attorney, made this a matter of record. Kim
Ogle, 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. Mr. Ogle gave
a brief description of the location of the site and the surrounding land uses. He stated 19 referral
agencies reviewed this proposal, 11 responded with comments that have been addressed in the
Conditions of Approval,and staff received no correspondence from surrounding property owners;
however, he did receive one telephone inquiry. He further stated water will be provided by the Little
Thompson Water District, and the site will be serviced by an Individual Sewage Disposal System
(I.S.D.S.). He stated the internal road will be accessed from Weld County Road 15, which is a
paved road,and staffs initial concerns regarding oil and gas have been addressed by placing drilling
envelopes on the plat.
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HEARING CERTIFICATION - UIV LAND, LLC, CIO NOLAN ULMER (PZ #1032)
PAGE 2
Pam Smith, Department of Public Health and Environment, stated the lots are large, and the
minimum lot is 5.2 acres. She stated the perk rates indicate the site will be suitable for conventional
septic systems. She further stated the groundwater level is high in the drainage area;however,due
to the size of the lots, she is not requesting septic envelopes, and the developer should have no
problem meeting the setback requirements.
Peter Schei, Department of Public Works, stated the applicant has been working with staff to
address their concerns. He stated the internal road access was raised to address sight distance
concerns, and they have worked to align the internal road with Weld County Road 15 to create a
perpendicular angle. He further stated that although the internal road is longer than 1,500 feet,staff
has no concerns because the applicant has provided a turn around area and an emergency access
at Lots 6 and 7 along the irrigation ditch.
Chris Pickett, Pickett Engineering, represented the applicant and stated he and the applicant have
reviewed and concur with the Conditions of Approval, and he requested the Board allow an
administrative review of the Final Plan. He also noted the applicant wishes to change the name of
the development from Stillwater Acres to Coyote Ridge, as long as there are no other similar
names. Mr. Ogle stated staff supports an administrative review, and the Board concurred.
No public testimony was offered concerning this matter. Responding to Chair Masden, Mr. Pickett
reiterated he and the applicant concur with the Conditions of Approval as proposed.
Commissioner Geile moved to approve the request of UIV Land, LLC,c/o Nolan Ulmer,for Change
of Zone#1032 from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone
District for nine(9)residential lots with E(Estate)Zone uses,two(2)lots with A(Agricultural)Zone
uses, and 13.63 acres of Common Open Space, based on the recommendations of the Planning
staff and the Planning Commission,with the Conditions of Approval as entered into the record. His
motion also allowed for an administrative review of the Final Plan. The motion was seconded by
Commissioner Jerke. Responding to Commissioner Jerke, Mr. Ogle stated there are two
agricultural outlots,which could be developed in the future under a separate application, and they
are currently controlled by the Homeowners'Association. Mr. Ulmer stated there is no conservation
easement on the property. There being no further discussion,the motion carried unanimously,and
the hearing was completed at 11:20 a.m.
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HEARING CERTIFICATION - UIV LAND, LLC, CIO NOLAN ULMER (PZ#1032)
PAGE 3
This Certification was approved on the 16th day of August 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W LD(�COUNTY,
�COLORADO
2 / `/ / ,)_3? �. V��--
Robert D. Masden, Chair
last erk to the Board
z' �;'ta il�i
'.. EXCUSED DATE OF APPROVAL(f/, �, /j / William H Jerke, Pro-Tern
` ''��a.���� Clerk to the Board
M. J. 'le
TAPE#2004-34
Davi E. Long
DOCKET#2004-57
Glenn Vaad
2004-2027
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1032 - UIV LAND, LLC, CIO NOLAN ULMER
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 04/06/2004)
D. Clerk to the Board Notice of Hearing
E. Greeley and Loveland Irrigation Co. Referral Response, dated 03/29/2004
F. Pickett Engineering, Inc. Fax Memo re: Adjustments to plans, dated
04/16/2004
G. Planning Staff Letter to Applicant re: Conditions of
Approval, dated 04/20/2004
H. Weld County Sheriff's Office Referral Response, dated 04/20/2004
U.S. Department of Interior, 2 Letter re: Endangered species, dated
Fish and Wildlife Service 05/04/2004 and 05/17/2004
J. Wildland Consultants, Inc. Letter re: Intent to conduct endangered
species studies, dated 05/20/2004, and
attached letter from Fish and Wildlife
Service, dated 06/08/2004
K. Planning Staff Memo requesting continuance, dated
07/14/2004
L. Clerk to the board Revised Notice, dated 07/15/2004
M. Planning Staff Memo requesting continuance, dated
07/28/2004
N. Planning Staff Certification and sign posting, submitted
08/11/2004
O.
P.
Q.
R.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 11TH DAY OF AUGUST, 2004:
DOCKET#2004-65 -TROY AND JUDY HEFNER
DOCKET#2004-57 - UIV LAND, LLC, C/O NOLAN ULMER
DOCKET#2004-69 -JOSE AND JOSEFINA AGUIRRE
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF JULY, 2004:
DOCKET#2004-52 -DONALD WROBLEWSKI, CIO JOE AND TAMMY WROBLEWSKI
DOCKET#2004-57 - WV LAND, LLC, C/O NOLAN ULMER
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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