HomeMy WebLinkAbout20012310 HEARING CERTIFICATION
DOCKET NO. 2001-55
RE: CHANGE OF ZONE#558 FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR FIVE (5) RESIDENTIAL LOTS
WITH ESTATE USES,AND 4.7 ACRES OF COMMON OPEN SPACE-PERCY HAMILTON
A public hearing was conducted on August 29, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 27, 2001, and duly published August 1, 2001,
in the Tri-Town Farmer and Miner,a public hearing was conducted on August 15, 2001,to consider
the request of Percy Hamilton for Change of Zone #558 from the A (Agricultural) Zone District to
the PUD(Planned Unit Development)Zone District for five(5)residential lots with Estate uses,and
4.7 acres of Common Open Space. At the request of the applicant,the Board deemed it advisable
to continue the matter to August 29, 2001, to a date when a full quorum of the Board would be
present to consider the matter. At said hearing on August 29, 2001, Lee Morrison, Assistant
County Attorney, made this a matter of record. Sheri Lockman, 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. Ms. Lockman gave a brief description of the
location of the site and surrounding uses. She stated the applicant has completed preliminary
agreements with the North Weld County Water District, Eaton School District,and the Galeton Fire
Protection District. Ms. Lockman submitted a letter from the attorneys representing the mineral
owners, marked Exhibit G. She stated this letter indicates they have reached an agreement with
the property owner and have no objections to the proposal. Ms. Lockman stated seven referral
agencies responded favorably or submitted proposed conditions, which have been addressed by
the Conditions of Approval and Development Standards. She stated three referral agencies did
not respond,and she has received no correspondence from the surrounding property owners. Ms.
Lockman stated if the Change of Zone is approved, the applicant is requesting the Final Plan be
administratively reviewed by the Department of Planning Services,which will need to be indicated
in the motion by the Board. In response to Commissioner Vaad, Mr. Morrison stated one of the
Planning Commissioners, Cathy Clamp, requested the Right to Hunt be added to the Covenants,
this was not requested as a result of testimony. He further stated the intent is to ensure the new
residents are aware that gun fire is to be expected in the area since hunting is allowed on
neighboring properties. Mr. Morrison stated Planning Commissioner Clamp referred to Wildlife
2001-2310
)0(, /.4 )ilL Alt) PL1544
HEARING CERTIFICATION - PERCY HAMILTON (COZ#558)
PAGE 2
Goal.2 as a reason for including the language;however, he is not sure the Board of Commissioners
can enforce the issue if contested by the applicant. Ms. Lockman read W.Goal 2 for the record.
Mr. Morrison stated this was intended as advisory language, not to allow hunting on the site.
Don Carroll, Department of Public Works, stated Weld County Road 53 is designated as a local
gravel road. He stated a recent traffic count shows approximately 146 vehicles per day on Weld
County Road 53 between Roads 74 and 76. Weld County Road 76 averages 80 vehicles per day,
and Weld County Road 74 averages 260 vehicles. Mr. Carroll stated the developer has requested
the Board waive the requirement to pave the internal road since Weld County Road 53 is not
paved. He stated staff concurs with the request; however, the minimum roadway width will be 26
feet,the surface shall be 4 inches of aggregate base course, Class VI,and a Stop sign and a street
name sign will be required at the intersection.
Steve Stencil, Intermill Land Surveying, Inc., represented the applicant and clarified the Right to
Hunt was requested by Ms. Clamp in the Covenants to ensure new residents are aware that there
is hunting on adjacent properties. He stated he did discuss the matter with the applicant,who has
no opposition to the language, and clarified that hunting will not be allowed in the subdivision. In
response to Commissioner Jerke, Mr. Stencil stated there is a hunting club north of the Town of
Galeton, approximately two miles away. He further stated the open space already exists and has
three or four rows of mature trees. Mr. Stencil stated the area seemed to fit with the plans which
indicate they will keep the established landscaping, which also provides a good wildlife habitat.
Responding to Chair Geile, Mr. Stencil stated the Right to Farm is in the Covenants and the
applicant is willing to work with the Department of Planning Services to include language indicating
the hunting activities on neighboring properties. He further stated there will be three accessory
buildings with a 3,000 square-foot maximum. The housing is required to be no less than 1,500
square-feet, and the accessory uses are allowed under Estate uses. Ms. Lockman stated there
is a Four Percent rule indicating an accessory building cannot exceed four percent of the lot area;
however, she is not aware of a restriction on the number of accessory buildings allowed in a
development. Chair Geile referred to Section 3.2 of the Covenants which indicates the limit of
three accessory buildings in addition to a garage with a maximum square footage of 3,000 square
feet. Ms. Lockman indicated there should be no problems with obtaining building permits.
No public testimony was offered concerning this matter. Mr. Carroll stated the Homeowners'
Association will be responsible for maintaining the internal road.
Commissioner Geile moved to approve the request of Percy Hamilton for Change of Zone #558
from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for five
(5) residential lots with Estate uses, and 4.7 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. His motion also included authorizing the Department of
Planning Services to review the Final Plan administratively. The motion was seconded by
Commissioner Long, and it carried unanimously. There being no further discussion, the hearing
was adjourned at 11:05 a.m.
2001-2310
PL1544
HEARING CERTIFICATION - PERCY HAMILTON (COZ #558)
PAGE 3
This Certification was approved on the 5th day of September 2001.
APPROVED:
BOARD OF OUNTY COMMISSIONERS
��,���� WELD C TY, COLORADO
ATTEST: ��� /�%��I/�/iIi` _I�� 7 llCv
. J. eile, Chair
.vb 1
Weld County Clerk to the ?m® .(
}1*" I lenn Vaad, Pro-
BY: t?L ,' h, %
Deputy Clerk to the Boar%
Will' H. Jerke
TAPE #2001-36 e
vi E Lo
DOCKET#2001-55
Robert . Masden
2001-2310
PL1544
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#558 - PERCY HAMILTON
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 06/19/2001)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter requesting Continuance (08/03/2001)
F. Planning Staff Photo of sign posted on site
G. Planning Staff Letter from attorney for Mineral Owners
(08/28/2001)
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF AUGUST, 2001:
DOCKET#2001-55- PERCY HAMILTON
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
J/¢ .1-I LefuL — LGIN%t ble u..,;..) Luc 34jS F S4'. '6 Greeley., CO E10(ej/
-4-euC. c4-e-at - t - )( lord Sar 13 1 h1. geodoiThclAa GoJc ,Ierd gassy
--t)
elfFkaw ( 36,A 1-1-i4ic2S3 Snt-t, c f 4iS
Hello