HomeMy WebLinkAbout20030183 HEARING CERTIFICATION
DOCKET NO. 2003-07
RE: CHANGE OF ZONE #614 FROM A(AGRICULTURAL) ZONE DISTRICT TO E (ESTATE)
ZONE DISTRICT FOR A NINE (9) LOT MINOR SUBDIVISION - TIMOTHY AND LISA
BROUGH
A public hearing was conducted on February 5, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
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 January 17, 2003, and duly published January 22,
2003, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Timothy and Lisa Brough for Change of Zone#614 from the A (Agricultural)Zone District to the
E (Estate) Zone District for a nine (9) lot Minor Subdivision. 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,
which is located outside of all three-mile referral areas, and currently is not in agricultural
production. He gave a brief description of the surrounding uses,and stated the lots will be serviced
by septic systems. Mr. Ogle stated the primary access will be from Weld County Road 84, with a
secondary access between Lots 5 and 6 onto Weld County Road 13, and the internal road will be
paved and maintained by Weld County. He stated two letters of concern were received from
surrounding property owners prior to the Planning Commission hearing;however,the applicant has
addressed their concerns. Mr. Ogle displayed various photos of the area, and in response to
Commissioner Geile, Mr. Ogle indicated the location of the applicants' current home and the
Larimer County Canal, and stated Lot 8 will be reserved for the applicants' future home site.
Pam Smith, Department of Public Health and Environment, stated the preliminary soil borings and
perk tests indicate the lots are suitable for septic systems designed for site-specific conditions.
Peter Schei, Department of Public Works, stated the eastern portions of Lots 8 and 9 will be
excluded as "No Build"areas due to wetlands, and there are notes on the plat indicating they may
not accommodate basements due to groundwater levels to notify future purchasers.
2003-0183
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HEARING CERTIFICATION - TIMOTHY AND LISA BROUGH (COZ#614)
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Tony Evans, Elite Consulting, Inc., represented the applicant and stated the property owners to the
north have expressed concern with their view being blocked, therefore, the applicant has
designated a"No Build"area between Lots 1 and 2. He stated the applicants are willing to address
the concerns of the Water Supply and Storage Company, which operates the Larimer County
Canal. In response to Commissioner Geile, Mr. Evans stated the Right to Farm statement will be
placed on the plat, closing documents, and the Covenants for the Homeowners' Association to
ensure any potential buyers are aware of the nearby dairy operations. Mr. Evans stated Weld
County will take over maintenance once the internal road is paved. Responding to Commissioner
Masden, Mr. Evans stated this application is for E (Estate) zoning, therefore, open space is not
required.
Tim Brough, applicant, stated he recently received a letter from the ditch company requesting an
additional 30 feet along the canal; however, the Company already owns 100 feet. He stated the
only area which is difficult to access is near the irrigation pipe, which he is willing to remove since
it is no longer being used. He further stated he is willing to construct a fence along the canal
easement, with "No Trespassing" signs, and he does not feel an additional 30 feet is necessary.
Mr. Brough stated they have addressed the concerns expressed by Ken and Sue Kerchenfaut,and
he submitted a map, marked Exhibit J, showing the "No Build" zone to ensure their views are
preserved. Responding to Commissioner Masden, Mr. Brough stated the children will attend in the
Windsor School District, and $1,800 will be paid for each lot as cash-in-lieu of land. Mr. Schei
stated the applicant has designed the eastern measurements; however, he requested the
measurements for the west side of the"No Build"area also be identified and that all measurements
be included on the plat. Responding to Commissioner Geile, Mr. Brough stated the representatives
of the Water Supply and Storage Company are very difficult to contact and he may have difficulty
completing Condition of Approval #3.N. Commissioner Jerke commented Fred Walker is the
President of the Ditch Company, as well as a member on the Planning Commission, therefore, he
should be easy to contact. Mr. Morrison clarified Mr. Walker was not present at the Planning
Commission hearing and the minutes need to be corrected to reflect his absence. Mr. Morrison
stated the intent of Condition #3.N is to ensure that if the applicant enters into an agreement with
the ditch company, it should be recorded. Commissioner Jerke suggested modifying the first word
from "An" to "Any," to clarify the applicant is not required to obtain a specific agreement.
Sue Kerchenfaut,surrounding property owner, requested the"No Build"zone be extended through
Lot 2 to ensure their view and property value are protected. There being no further comments,
Chair Long closed public testimony.
Mr. Brough stated the proposed"No Build"area is sufficient since it lines up with the existing trees.
Mr. Ogle requested Condition #2.W be deleted since it is a duplicate of Condition #2.X.
Commissioner Jerke moved to approve the request of Timothy and Lisa Brough for Change of
Zone #614 from the A (Agricultural) Zone District to the E (Estate) Zone District for a nine (9) lot
Minor Subdivision,based on the recommendation of the Planning Commission,with the Conditions
of Approval as entered into the record. His motion also included amending #3.N to replace the
word "An"with "Any," and deleting Condition #2.W. The motion was seconded by Commissioner
Geile, and it carried unanimously. There being no further discussion, the hearing was completed
at 10:50 a.m.
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HEARING CERTIFICATION -TIMOTHY AND LISA BROUGH (COZ#614)
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This Certification was approved on the 10th day of February 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WE D OUNTY, COLORADO
ATTEST: geti/%, z//���,, _
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Weld County Clerk to Bt
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_i �� ����;�� � Robert D. M- den, ro-Tem
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Deputy Clerk to the •af��G
M. J. eile
TAPE #2003-05 EXCUSED DATE OF APPROVAL
William H. Jerke
DOCKET#2003-07 t)04�
Glenn Vaad
2003-0183
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#614 -TIMOTHY AND LISA BROUGH
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutesl l/19/2002)
D. Clerk to the Board Notice of Hearing
E. Cleon Kimberling Letter of Concern (12/07/2002)
F. Applicant Evidence of Agreement with Mineral
Owners (01/13/2003)
G. Sue Kerchenfaut Letter re: Building Envelopes (1/19/2003)
H. Water Supply and Storage Company Letter of Concern (1/29/2003)
Planning Staff Certification of Sign Posting
J. Applicant Map of"No Build" Zone
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF FEBRUARY, 2003:
DOCKET#2003-07 -TIMOTHY AND LISA BROUGH
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NAME ADDRESS
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