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Home My WebLink About20042696.tiff HEARING CERTIFICATION DOCKET NO. 2004-86 RE: CHANGE OF ZONE #1045 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES, TWO (2) NON-RESIDENTIAL OUTLOTS FOR OPEN SPACE, AND ONE(1)AGRICULTURAL OUTLOT-HIGHLAND ACQUISITION GROUP,LLC,C/O ROBERT BULTHAUP A public hearing was conducted on September 29,2004,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 - EXCUSED Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Jacqueline Hatch Health Department representative, Trevor Jiricek Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated September 10, 2004, and duly published September 15, 2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of Highland Acquisition Group, LLC,c/o Robert Bulthaup,for Change of Zone#1045 from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine(9) lots with E (Estate) Zone uses, two (2) non-residential outlots for open space, and one (1) agricultural outlot. Chair Masden advised the applicant's representative,Lauren Light,that she has the option of continuing this matter to a date when the full Board will be present. However, if she decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Long will listen to the record and make the determining vote. Ms. Light indicated she would like to proceed today. Bruce Barker, County Attorney, made this a matter of record. (Switched to Tape #2004-44.) Jacqueline Hatch,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 stated the development will adhere to the bulk requirements of the Estate Zone District, with the exception that the lots will average 2.07 acres, and each lot will be allowed two equine. She gave a brief description of the location of the site, and surrounding uses, and stated the lots will be serviced by the Left Hand Water District and septic systems. Ms.Hatch stated 18 referral agencies reviewed this proposal,four offered no comment,nine responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards, and staff received no response from the two ditch companies, the Towns of Erie and Frederick, or the Division of Wildlife. She stated the applicants are working on a Drainage Report, and have made 2004-2696 1 PL1743 G �r : J i' - f/'2—7) /G% /V-c-"/ HEARING CERTIFICATION - HIGHLAND ACQUISITION GROUP, LLC (PZ#1045) PAGE 2 changes to the layout accordingly. Ms. Hatch stated staff has reviewed the new layout and found it was not a significant change. She explained the average lot size has changed from 1.8 acres to 2.07 acres, and she requested Condition#2.A be amended to reflect the difference. In response to Commissioner Vaad, Ms. Hatch stated they have included a Condition of Approval requiring a name change because Highland Ranch has already been used. Trevor Jiricek, Department of Public Health and Environment, stated the lots will have individual septic systems, and the density and lot size meet County policy. In response to Commissioner Geile, Mr. Jiricek stated he does not believe this is in the Saint Vrain Sanitation District 208 Boundary. Peter Schei, Department of Public Works, stated the development will be accessed from State Highway 52,there is an access permit from the Colorado Department of Transportation (CDOT), the main access will line up with Weld County Road 3.25, and staff is agreeable to the revised design layout. In response to Chair Masden, Ms. Hatch stated the surrounding developments are predominantly nine-lot subdivisions,with the exceptions of Carmacar and Parkland Estates which are both larger subdivisions. Lauren Light, LANDPROfessionals, LLC, represented the applicant and stated they have changed the name to Highland Farm to eliminate any duplications. Ms. Light stated there are also many Recorded Exemptions in the area which adds to the significant amount of growth taking place. She stated based on staffs recommendation, the applicant will modify the plat to address issues that were revealed in the second Drainage Report. She explained two lots will be moved east to accommodate a larger detention pond, Highland Lane will be shifted east,and the amount of open space will be reduced by less than one percent. She stated 62 percent of the property will be non-buildable,there are signed agreements with Encana and Anadarko regarding surface use,they have received no objectionable comments from referral agencies,and CDOT will issue an access permit once the Final Drainage Report is completed. Ms. Light stated they will use the bus shelter design provided by the School District,the overall footprint for the development has not changed, and they agree with all Conditions of Approval as proposed. In response to Commissioner Geile regarding paragraph"A"in her letter dated May 13,2004, Ms. Light explained the agricultural outlot would be offered for sale to the adjacent property owners; however, they will be restricted from building residences,and it must remain in agricultural use. She clarified the open space is separate from the agricultural outlot,and it will remain under the control of the Homeowners'Association. In response to Commissioner Jerke, Ms. Light reiterated the agricultural outlot will not be tied to the Homeowners'Association,and title work will indicate the restrictions. Responding to Commissioner Jerke, Ms. Light stated Lot 6 is precluded from being adjacent to the agricultural outlot due to the emergency access road leading to the drill site. In response to Commissioner Geile, Ms. Light concurred the purchaser of the Agricultural Outlot could establish a conservation easement. Responding to Commissioner Vaad, Ms. Light stated the Saint Vrain Sanitation District 208 Boundary is north of this site along Weld County Road 16. Commissioner Vaad commented 660 feet west of this site the Left Hand Water District cannot provide service because Boulder County enforced its 1041 powers and put a restriction on Left Hand Water District that prevents them from providing new water taps within the first mile of Weld County. She further stated they were not aware of the tap restrictions within the first one mile of Weld County; however, they do have a signed agreement for this development. Mr.Jiricek stated this site is within the Erie 208 Planning Area; however, it is not within the Erie 208 Service District. 2004-2696 PL1743 HEARING CERTIFICATION - HIGHLAND ACQUISITION GROUP, LLC (PZ#1045) PAGE 3 Molly Sommerville, Krug and Sobel, LLC, stated she represents Anadarko Land Corporation and Anadarko E and P Company, LP. She stated these companies own all of the mineral rights, and they initially filed an objection letter regarding this proposal. However,they have since entered into an agreement and wish to withdraw their prior objections. She further stated Encana operates two surface wells on this property and they are also a party to the agreement. There being no further comments, Chair Masden closed public testimony. In response to Chair Masden,Ms. Light stated she and the applicant have reviewed and concur with the Conditions of Approval. In response to Commissioner Jerke, Ms. Light concurred that this design may be subject to further modifications as they proceed through the Final Plan process. CommissionerJerke moved to approve the request of Highland Acquisition Group, LLC,do Robert Bulthaup,for Change of Zone#1045 from the A(Agricultural)Zone District to the PUD(Planned Unit Development) Zone District for nine (9) lots with E (Estate) Zone uses, two (2) non-residential outlots for open space, and one (1) agricultural outlot, 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 amending Condition#2.A to modify"1.8"to "2.07". The motion was seconded by Commissioner Geile,and it carried unanimously. There being no further discussion, the hearing was completed at 11:30 a.m. This Certification was approved on the 4th day of October 2004. APPROVED: t . IE La BOARD OF COUNTY COMMISSIONERS • W D COUNTY, COLORADO r Robert D. Masden, Chair erk to the Board UN \ William H. Je , Pro-Tem BY: Deputy Clerk to the Board 27��., 3 M. J. eile ✓ TAPE #2004-43 and #2004-44 EXCUSED David EE.. Long DOCKET#2004-86 Glenn Vaad c — 2004-2696 PL1743 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1045 - HIGHLAND ACQUISITION GROUP, 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 07/20/2004) D. Clerk to the Board Notice of Hearing E. Planning Staff Memo re: Items completed prior to scheduling, dated 09/01/2004, and attached letter from Molly Somerville re: EnCana Energy Resources, Inc., dated 08/27/2004 F. Planning Staff Certification and Photo of sign posting G. Planning Staff Revised Site Plan, dated 09/28/2004 H. J. K. L. M. N. O. P. Q. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF SEPTEMBER, 2004: DOCKET#2004-84 - Beau and Jed Rappel DOCKET#2004-86 - Highland Acquisition Group, LLC DOCKET#2004-85 - Olando, LLC / Ed Orr and Tammy Ellerman PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip _3Sb/ (-CZAR__ CC Oil/ (a) a94 ©vvC'Rhn/ ro sCo Cue€.ed co 8064/6 111:1AA f\'‘0 v/ 14 2-1 q LO( d- t-4 (Act], 60 ?QC* Fah-tom roe 1 ion AUFOrrw-fio>- Dr. Uhif I MI/visor, GC gvsoo Atno,TyAtj ffen TOM cl i»5, I Wt id Gevclav a( Arc L#4 d Cs Wsc5/37 �`T /6N tee /P-Cy AA C74„e6„,/Ze. /a /r &`437 Za -,Nts R 0tn co USsz, /oar/c/ A) 733 riot:,,r,.ic ST Zoe rnOz9r (rc) flo �p/1 erf , (f�(o1r b 'P s. Po fo I t. way -"V"-"V" Z(, Co . Ail O.`4- 6,4I'} 2- 720 u►._ Iyq +L f l/P _ �Vg0n- P l�.7 Co SDO€O -/riff-5 /I4P?( A& 4 t4 Pro-ie55to NzAL-5 U4 1 Uu,Y Lo,04.Ator.-r --�("FA/ tv oc4 Cal A s 1.-1)4•AfroCrsl I.oa..As < L C z X3u W47 Cr iorr,,.J- 8cs"otl 7271 Sao nrrn„r//c ,' 760 /372/ pkv ,O.iri2 co Pod, 77 77114CL4/✓W bra 7 vi S-f < e_, 760 ,4E-, C1 )2,4fP? / 4 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF SEPTEMBER, 2004: DOCKET#2004-84 - Beau and Jed Rappel DOCKET#2004-86 - Highland Acquisition Group, LLC DOCKET#2004-85 -Olando, LLC / Ed Orr and Tammy Ellerman PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip ' " \)00ACR oca\a t c_ E,;\\ tOlo /3- (pato ee2Th — e r/k Hello