HomeMy WebLinkAbout20013257 HEARING CERTIFICATION
DOCKET NO. 2001-82
RE: CHANGE OF ZONE#563 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR FOUR(4) RESIDENTIAL LOTS
WITH E(ESTATE)USES,WITH 7.5 ACRES OF COMMON OPEN SPACE-DAVID KEISER
AND MIKE SIGG
A public hearing was conducted on November 21, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Mika
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 26, 2001, and duly published October 31,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of David Keiser and Mike Sigg for Change of Zone#563 from the A (Agricultural)Zone District to
the PUD (Planned Unit Development)Zone District for four(4)residential lots with E(Estate)uses,
with 7.5 acres of common open space. Lee Morrison, Assistant County Attorney, made this a
matter of record. Monica Mika, Director 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. Mika gave a brief description of the location of the site and stated fifteen referral
agencies reviewed this proposal and offered comments in favor. In response to Commissioner
Jerke, Ms. Mika stated the site is in the Area of Influence for the Greeley/Weld County Airport;
however, Chair Geile commented the Airport Authority indicated no concern. Responding to Chair
Geile, Ms. Mika stated this proposal meets the Planned Unit Development requirement for 15
percent of the area to be designated as open space. She further stated the water originally used
on the site for agricultural purposes has since been sold to the Central Weld County Water District.
Ms. Mika stated the applicant has provided evidence of access for Patina Oil, and they will pay the
School District cash-in-lieu as determined at the Final Plan phase. Responding to Chair Geile, Don
Carroll, Department of Public Works, stated Planned Unit Developments are required to have
internal paving unless waived by the County. He stated the applicant is proposing the internal road
be a gravel surface, and the Department of Public Works has no concern with waiving the
requirement because the small area would be difficult to maintain with the large County equipment.
He further stated it appears there is 60 feet of right-of-way; however, the right-of-way may need
to be researched further. Responding to Commissioner Vaad, Ms. Mika stated at the time of final
plat, the applicant must show there is an agreement with the School District, and the arrangement
for payment is specified per that agreement. In response to Chair Geile, Ms. Mika stated the
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HEARING CERTIFICATION - DAVID KEISER AND MIKE SIGG (COZ#563)
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LaSalle Fire Protection District has included site-specific conditions which will be addressed further
at Final Plan.
Todd Hodges, Todd Hodges Design, LLC, represented the applicant and stated they originally
planned on gravel; however, at the Planning Commission hearing, the applicant did agree to
provide a hard surface approach to the roadway to avoid getting gravel on the County road. Mr.
Hodges stated the internal roadway is designed in accordance with the County Design Standards,
and the cul-de-sac exceeds those requirements to comply with the request of the LaSalle Fire
Protection District. He explained the School District has indicated the 65-foot cul-de-sac is
adequate for the bus to turn around, so a bus pullout will no longer be necessary. Mr. Hodges
stated the applicants have agreed to pay the School District cash-in-lieu of land, and they will also
enter into an Avigation Easement with the Greeley/Weld County Airport Authority to ensure the
protection of the Airport against future complaints. He further stated taps have been purchased
in advance for each lot for domestic use,as well as some irrigation. Mr. Hodges stated the existing
well will provide sufficient water for irrigation of the open space, which is planted with dryland
grasses and some trees. He stated the development will share the road with Patina Oil and Gas
Corporation, and they have come to an agreement to remove the old well and have also
established a no-build radius for the new well location. Responding to Chair Geile, Mr. Hodges
stated the well is classified as domestic; however, there is an adequate supply of water for the site
since crop activities are not anticipated.
No public testimony was offered concerning this matter. In response to Chair Geile, Mr. Hodges
stated he and the applicant have reviewed and agree with the Conditions of Approval. Mr. Carroll
clarified since the road will be gravel, it will be privately maintained. Mr. Hodges stated the
applicant is aware of that requirement and that has also been included in the Covenants.
Commissioner Vaad moved to approve the request of David Keiser and Mike Sigg for Change of
Zone #563 from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for four (4) residential lots with E (Estate) uses, with 7.5 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. The motion was seconded by Commissioner
Long. Commissioner Jerke commented that since the site no longer has water, this proposal will
result in the highest and best use for the property. The motion carried unanimously. There being
no further discussion, the hearing was completed at 10:25 a.m.
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HEARING CERTIFICATION - DAVID KEISER AND MIKE SIGG (COZ#563)
PAGE 3
This Certification was approved on the 26th day of November 2001.
APPROVED:
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: E `
�'a 2Gi& ir
Weld County Clerk tot
,�a Glenn
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BY: .i a ,, �I
Deputy Clerk to the Bote `� 14- / <'17
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William H. Jerke
TAPE #2001-50 EXCUSED DATE OF APPROVAL
David E. Long 4 `
DOCKET #2001-82 EXCUSED DATE OF APPR OVAL
Robert D. Masden
2001-3257
PL1571
EXHIBIT INVENTORY CONTROL SHEET
Case USR#563 - DAVID KEISER AND MIKE SIGG
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes10/16/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF NOVEMBER, 2001:
DOCKET#2001-82 - David Keiser/Mike Sigg
DOCKET#2001-85- Charles and Rhonda Abfalter
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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