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HomeMy WebLinkAbout20012844.tiff HEARING CERTIFICATION DOCKET NO. 2001-76 RE: CHANGE OF ZONE #561 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT-HOSKINS CONSTRUCTION,INC., C/O DAVID HOSKINS A public hearing was conducted on October 31, 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, Carol A. Harding County Attorney, Bruce Barker Planning Department representative, Robert Anderson Health Department representative, Pam Smith Public Works representative, Drew Scheltinga The following business was transacted: I hereby certify that pursuant to a notice dated October 5, 2001, and duly published October 10, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Hoskins Construction, Inc.,do David Hoskins,for Change of Zone#561 from the A(Agricultural) Zone District to a PUD (Planned Unit Development)Zone District with E (Estate)zone uses for five (5) lots with 5.43 acres of open space. Bruce Barker, County Attorney, made this a matter of record. Robert Anderson, 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. He gave a brief description of the location of the site and surrounding uses. He stated eleven referral agencies responded and seven agencies included proposed conditions and recommendations, and four indicated no conflicts. He further stated the site is not located within any Overlay Districts, Intergovernmental Agreement areas,or Urban Growth Boundaries;however, the site is within the three-mile referral area for Larimer County and the Towns of Berthoud and Mead. Larimer County indicated no conflict;the Town of Mead did not respond to the referral; and the Town of Berthoud indicated it is not in support of the proposed Change of Zone based on its designation of the area as Crop Land Support Area, the lack of clustering, and effective conservation measures. He stated on October 3, 2001, the Department of Planning Services received the applicant's request to waive the paving requirement for the PUD, as listed in Condition of Approval #2.J.9, and staff defers comment regarding this matter to the Department of Public Works. Mr. Anderson reviewed the reasons for approval as indicated in the Planning Commission Resolution, and stated the applicant is requesting administrative review of the Final Plan. Responding to Commissioner Vaad, Mr. Anderson indicated there was a building violation against Mr. Hoskins regarding the parcel north of this site, since he had not finaled his permits; however, it has now been remedied. Responding to Chair Geile, Pam Smith, Department of Public Health and Environment, stated the parcels will be 2.6 acres. Drew Scheltinga, Department of Public Works, stated the applicant has requested waiving the paving requirement of the PUD. Mr. 2001-2844 CC' . i(-)L Az/j Aid PL1568 HEARING CERTIFICATION - HOSKINS CONSTRUCTION, INC., C/O DAVID HOSKINS (COZ#561) PAGE 2 Scheltinga stated staff looks at several aspects, including the regulations of Minor Subdivisions which are nine lots not requiring paving, although this application is only five lots. They also consider the growth in the area, whether it is accessing a paved road system, whether other area roads are paved, and whether dust complaints or maintenance complaints are being received. In this instance, Mr. Scheltinga stated, the Department of Public Works would recommend waiving the paving of internal streets; although it is recommended that an Intergovernmental Agreement be entered into to proportionately share the cost of paving Weld County Road 40.5 in the future. Mr. Scheltinga also would not recommend the County take over maintenance on the internal roadway, following the same policy as with Minor Subdivision regulations. Responding to Chair Geile, Mr. Scheltinga stated the entire Condition of Approval #2.J.9 would be stricken, with appropriate renumbering. Dave Hoskins, owner, was present to answer any questions of the Board. Responding to Commissioner Jerke, Mr. Hoskins indicated he plans for the open space to be maintained by the Homeowners' Association, with natural grasses, trees at the entrance, and trees to screen the entrance from the kennel. Steve Stencil, Intermill Land Surveying, Inc., stated the Homeowners' Association will maintain landscaping, and the internal roadway, and any irrigation features or private easements that may need easements would be structured to be apportioned equally between the five lots, with a fee assessed for snow removal, etc. No public testimony was offered concerning this matter. Mr. Anderson stated the Landscape Plan does address maintenance of the open space and it can be amended such that perpetual maintenance does pass from the landowner to the Homeowners' Association. Chair Geile asked whether Condition of Approval #2.E might be deleted since evidence has been provided,and Mr.Anderson concurred. Mr. Hoskins,responding to Chair Geile, stated he concurs with the Conditions of Approval and Development Standards as presented and modified. He responded to Commissioner Jerke that Little Thompson water will provide water to the site. Commissioner Vaad moved to approve the request of Hoskins Construction, Inc., c/o David Hoskins, for Change of Zone#561 from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District with E (Estate) zone uses for five (5) lots with 5.43 acres of open space, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record,with Conditions of Approval#2.E and#2.J.9 being deleted and appropriate renumbering. The motion was seconded by Commissioner Long, and it carried unanimously on a roll-call vote. There being no further discussion, the hearing was completed at 3:20 p.m. 2001-2844 PL1568 HEARING CERTIFICATION - HOSKINS CONSTRUCTION, INC., C/O DAVID HOSKINS (COZ#561) PAGE 3 This Certification was approved on the 5th day of November 2001. APPROVED: BOARD COUNTY COMMISSIONERS WELD UNTY, COLORADO isear�IL, `/ et+', E ` ATTEST: A �p :• MA J. Gene, C it c p Weld County Clerk to they .,-�., �- Lutit 4" • 1/ Glenn Vaa r - Deputy Clerk to the Boa *at t Sid-we Willi Jerke TAPE #2001-48 ca cc �� v' Long DOCKET#2001-76 2 , Robert D. Masdn 2001-2844 PL1568 EXHIBIT INVENTORY CONTROL SHEET Case COZ#561 - HOSKINS CONSTRUCTION, INC., C/O DAVID HOSKINS 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 09/18/2001) D. Clerk to the Board Notice of Hearing E. Planning Notice (pnstad) F. Java Hocking I attar elatedly 31'001 G. H. J. K. L. M. N. Q. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF OCTOBER, 2001: DOCKET#2001-65 - Colorado Elk Ranch, LLLP DOCKET#2001-76 - Hoskins Construction, c/o David Hoskins DOCKET#2001-77 - James Wrenfrow/Saturn Towing DOCKET#2001-78 -Asphalt Paving Company PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip �r-1 s c rill u a. J zv aoi k., d r, ,e b,4- 72 / 7 3 -7/,,P a 1 Lcvti C-'-C> -a-JC r/ w,eS L...�1-e,t 'c-,w.J I5 V8 i w,-\-5l,,.r=) �, `Mc,a`it,,.1C.0 -60o„2c, D&aio 143 sK_inis / sII iJCL yc.s 2362.7doemo , Cti 8057,3 ST--eut ♦-tvtcQ \ B-O1 Ll , Et z u?lame\ An , 1 *Q 1threl lb . cho cS1 pail gof i <iD,39VA/, 3 7 4, l7L ,) to �S C /O G:Lticw.\->ettoiAw (f0 -9.it Did:. C2. :Q Co/ EsD6to, 1< M 1637s 1.,,'c-i3 7-7 49 1.1, C''0 2ta Lure' leL._ 13c 1-7-6=002-7 Li"fl tit, �� iot*,, v y i /2i€ ye A rcee � en --.. I+14 �'it,vlo. z Z. ys.�,-t Cr, SO S.0 I ,J ADC /4t .eat iiii5" iAj f°29''m 4'-T Lc JA/ c•,-, 6O5-3,5L U» r 17 Cr Pt) c'h 2 6 ✓ C c=: /r A< (;- (/,, C O: O oJrZ .7E--,,,_p ey. `a; tz ;29/c __,----L__: -- 7te ,/ 7z;4s 6 ( s u l�le((�, 1/C, itk-'el- l0 k F6?-1- 1 i' ukC ct h „ HO F 6,-,,k 9-, l F-�, LAI�,c, �-nq)5,,,;7L-(-- , ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF OCTOBER, 2001: DOCKET#2001-65- Colorado Elk Ranch, LLLP DOCKET#2001-76 - Hoskins Construction, c/o David Hoskins DOCKET#2001-77 - James Wrenfrow/Saturn Towing DOCKET#2001-78 - Asphalt Paving Company PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 11kA .r I,G16� N1 Z a 3 H0E 11-1 N t Ct 6 = F RT cvu/tJ4 to Pa°z4- loo->iLy vv cr ty67527 &V&IR 37 is Cam' D4/o `l \ z VJ4.4 / 7215" wc 9 4q CO gekin L.ACCAhv\ I1'-1cU\veCSon / TvIr( Lj C R. 5' /Sec fkc :. A S'c` Si 3 RoAJ FlALJk. 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