HomeMy WebLinkAbout20013006 HEARING CERTIFICATION
DOCKET NO. 2001-72
RE: CHANGE OF ZONE#543 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SEVEN (7) LOTS WITH
ESTATE USES,WITH COMMON OPEN SPACE-DARYLL AND CAROL PROPP/PROPP
REALTY, INC.
A public hearing was conducted on October 24, 2001, 2001, at 10:00 a.m., with the following
present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Don Carroll
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated September 28, 2001, and duly published October 3,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Daryll and Carol Propp/Propp Realty, Inc., for Change of Zone #543 from the A (Agricultural)
Zone District to the PUD (Planned Unit Development) Zone District for seven (7) lots with Estate
uses, with common open space. Bruce Barker, 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 reviewed the reasons of approval as
recommended by the Planning Commission. He stated the fifth sentence in reason of approval
#2.B.1 should be corrected to replace"east"with"north." In response to Commissioner Vaad and
Chair Geile, Mr. Ogle reviewed the location of the two accesses and stated all lots will require a
geologic hazard permit and will have engineered foundations if required. Drew Scheltinga,
Department of Public Works, explained Lots 1 and 2 are accessed. He stated the additional traffic
will require some improvements. Mr. Scheltinga stated the plat received from the applicant
indicates the roads in Longs Peaks Estates will be paved. He further stated the Department of
Public Works requests the new road in Longs Peak Estates line up with Peak View Road in Scott's
Acres Subdivision; however, the details for that will not be required until the final plan stage. In
response to Commissioner Jerke, Mr. Scheltinga stated he would call to confirm whether Weld
County maintains the road in Scott's Acres Subdivision. Pam Smith, Weld County Department of
Public Health and Environment, stated the applicant has submitted perk reports on the septic
systems and designated primary and secondary envelopes. She stated there may be some
complications with shallow bedrock; however, that can be addressed through elevated or
engineered septic systems.
2001-3006
PL1560
HEARING CERTIFICATION - DARYLL AND CAROL PROPP/PROPP REALTY, INC.
(COZ#543)
PAGE 2
Chair Geile called a short recess. Upon reconvening, John Rinko represented the applicant and
stated they have been working to provide a quality living environment, which will fit in with the
existing neighborhood. In response to a previous question from Commissioner Jerke, Don Carroll,
Department of Public Works, stated Weld County does maintain Peak View Road in Scott's Acres
Subdivision. Responding to Commissioner Masden, Daryll Propp, applicant, stated they have
negotiated two agreements with regarding coal rights and oil and gas drilling rights. (Switched to
Tape #2001-45.) Mr. Propp stated there is a Surface Use Agreement providing the Oil and Gas
mineral owners drilling rights off-site. He stated they will not be able to drill closer than 75 feet from
the property boundary and will also have to mitigate noise to protect the future homeowners. Mr.
Propp confirmed that all agreements have been signed and settled,and the oil ans gas companies
will be allowed to drill directionally. He further stated he has owned the property for many years
and has not been approached regarding any drilling at this site; however,this agreement is in place
as a precautionary measure if drilling is needed in the future. Mr. Propp explained he decided to
remove to coal rights prior to selling the lots, so the new homeowners will not have to deal with the
issue individually. Responding to Chair Geile, Mr. Rinko stated the Homeowners' Covenants will
ensure that they will do all of the maintenance of roads, trails, landscaping, and open space.
Ron Schindler represented RME Petroleum and RME Land Corporation and confirmed the
agreements are done. In response to Chair Geile, he clarified RME was formerly Union Pacific
Resources Company and Union Pacific Land Resources Corporation.
Karen Popelka,surrounding property owner,stated John Rinko and the applicant have worked with
the residents in the neighborhood and they have done what is necessary to mitigate the
neighborhood's concerns and make this proposal work. She stated as proposed, the use will be
consistent and compatible with the existing uses.
In response to Chair Geile, Mr. Rinko stated he and the applicant have reviewed and agree with
the Conditions of Approval and Development Standards.
Commissioner Vaad moved to approve the request of Daryll and Carol Propp/Propp Realty, Inc.,
for Change of Zone #543 from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for seven (7) lots with Estate uses, with 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 included correcting the fifth sentence of
reason of approval #2.B.1 to change the word "east" to "north." The motion was seconded by
Commissioner Jerke, and it carried unanimously. There being no further discussion, the hearing
was completed at 11:20 a.m.
2001-3006
PL1560
HEARING CERTIFICATION - DARYLL AND CAROL PROPP/PROPP REALTY, INC.
(COZ#543)
PAGE 3
This Certification was approved on the 29th day of October 2001.
•
APPROVED:
BOARD OF COUNTY COMMISSIONERS
1 �+�R_ WELD CO NTY, COLORADO
ATTEST: j t �J /� / i;'. Eta QL�r
D . J Geile, C air
Weld County Clerk to t o: - ".�:�!`.,, (�/�1
1861 71�-C� ni.j Fd ,'
I ` �ii�L�� _
Glenn Vaa ,
Deputy Clerk to the Bo
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TAPE #2001-44 and #2001-45 c,,,, l_
av'd E. Lon% N
DOCKET#2001-72
Robert D. Masden
2001-3006
PL1560
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF OCTOBER, 2001:
DOCKET#2001-74- MARGARET RUHGE
DOCKET#2001-75 - HS GATHERING
DOCKET#2001-72 - DARYLL AND CAROL PROPP/PROPP REALTY, INC.
DOCKET#2001-73 - PASQUALE AND JACQUELINE VARRA, C/O VARRA COMPANIES, INC.
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#543 - DARYLL AND CAROL PROPP/PROPP REALTY, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 09/04/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Commission 2nd Resolution of Recommendation (Filed
under PC Resolution tab)
F. Planning Staff Letter from Welborn, Sullivan, Meck, and
Tooley, P.C. re: Agreements between RME
Petroleum Company and Applicants
(10/15/2001)
G. Planning Staff Letter from Rinko, LLC re: Preliminary
Information prior to BOCC hearing
(10/12/2001)
H. Planning Commission Summary of Hearing (Minutes 10/16/2001) -
filed under PC Reso
Planning Staff Photo of sign posted on site
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