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Home My WebLink About20012969 HEARING CERTIFICATION DOCKET NO. 2001-81 RE: AMENDED CHANGE OF ZONE #522 TO MODIFY THE USES ALLOWED IN THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT AS APPROVED BY RESOLUTION #991203, DATED MAY 19, 1999, TO CHANGE THE MAXIMUM BUILDING HEIGHT FROM 30 FEET TO 40 FEET - DONALD LAFAVER A public hearing was conducted on November 14, 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 Assistant County Attorney, Lee Morrison Planning Department representative, Monica Mika The following business was transacted: I hereby certify that pursuant to a notice dated October 19, 2001, and duly published October 24, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Donald LaFaver for Amended Change of Zone #522 to modify the uses allowed in the PUD (Planned Unit Development) Zone District as approved by Resolution #991203, dated May 19, 1999, to change the maximum building height from 30 feet to 40 feet. Lee Morrison, Assistant County Attorney, made this a matter of record. Monica Mika, Department of Planning Services, presented a brief summary of the proposal and entered the unfavorable recommendation of the Planning Commission into the record as written. Ms. Mika gave a brief description of the location of the site, and stated the original Change of Zone was approved on May 19, 1999, for 18 residential lots. She stated at that time, the applicant agreed to follow the bulk design and specifications set forth in the Intergovernmental Agreement between the County and the Towns of Firestone, Frederick, and Dacono,which allows a building height of 35 feet. Ms. Mika stated the height restriction needs to be modified from the specifications agreed to under Reasons of Approval #2.B and #2.H to allow for building height not to exceed 40 feet. She further stated all other conditions would remain in effect. Ms. Mika stated four referral agencies responded favorably or proposed conditions, and the towns of Firestone, Frederick, and Dacono all signed off to allow the modification in building height. Ms. Mika explained the Planning Commission recommends this request be denied, stating the applicant should have been aware of the requirements he entered into. She requested the second and third "Whereas" paragraphs of the Draft Resolution be modified to replace ten (10)with eighteen (18) because that was the total amount of lots platted. Responding to Chair Geile, Ms. Mika submitted a copy of Weld County Code Section 27-6-120, marked Exhibit F, listing the standards which must be met by the applicant to justify approval of this request. 2001-2969 ��' �L (,144 1 e PL1303 HEARING CERTIFICATION - DONALD LAFAVER (AMCOZ#522) PAGE 2 Jeff Reif, Department of Building Inspection,submitted a packet,marked Exhibit I,defining building height according to Chapter 23 of the Weld County Code versus the 1997 Uniform Building Code. Mr. Reif gave a brief explanation for the two methods of determining height, and stated all of the buildings within Lighthouse Cove comply with the Uniform Building Code requirements; however, they exceed the Weld County Zoning requirements. Responding to Commissioners Vaad and Geile, Mr. Reif stated four structures currently exceed the maximum building height and the homes are in various stages of construction. Responding to Commissioner Long, Ms. Mika stated the four homes vary in height from 36.8 to 41 feet. Responding to Chair Geile, Ms. Mika stated the Bulk Requirements are referenced on the plat;however,the details are not clearly specified. She further stated these large homes are located in the floodplain, so it seemed natural for the builder to exceed the building height to compensate for not having basements. Responding to Commissioner Jerke, Ms. Mika stated although one of the houses exceeds 41 feet, it will likely require a variance because of setback issues. Mr. Morrison added the request cannot be increased to 41 feet because the maximum requested and advertised was only 40. Ken Lind represented the applicant, developer, Homeowners' Association, and each of the 18 individual homeowners. He stated the homes are built, so it would be difficult to correct the situation, and the confusion was caused by inconsistencies between the commonly referenced Uniform Building Code and the County Zoning regulations. Mr. Lind submitted a letter from James Sirko, marked Exhibit G, indicating he is not opposed to the modification request. He stated the surrounding municipalities have indicated no concern with this request, all of the homeowners are in support, and the buildings would still comply with the Uniform Building Code. He further stated the Subdivision is located within the One Hundred (100)Year Flood Plain, which required grading to modify the elevation, so the homes cannot have basements. He stated the additional height compensates for the loss of basement space. Mr. Lind stated 11 of the 18 lots have been sold, eight homes are under construction or completed, and no opposition has been expressed by any of the surrounding property owners. He further stated these will be custom homes, with public sewer, an irrigation system, domestic water, and paved roads. Mr. Lind commented that if this request is denied, the owners of five homes will have to go before the Board of Adjustment to request variances,which may not receive consistent treatment. He stated this amendment request is consistent with the Planned Unit Development Ordinance which allows for flexibility, innovation, etc. He stated the subdivision is in a good location, and granting this amendment will result in uniform treatment of all the residents. Mr. Lind stated this modification should have been requested under the original application; however, the regulations were overlooked, and this request will correct the situation. Responding to Chair Geile, Mr. Lind stated most home builders use the Building Code rather than the Zoning Ordinance which created confusion in this situation. Donald LaFaver, applicant, stated he designed and built the homes in Lighthouse Cove to make a premier development, and all other aspects of the development have gone well. He explained the FEMA requirements were recently modified specifying that building height is measured beginning at the crawl space, which adds an additional 36 inches to the height of the houses. Mr. LaFaver stated there is no outside opposition, and the homes are approximately 800 feet from Weld County Road 7 so the extra height is not distinguishable from the road. Chair Geile requested a show of hands from the property owners involved. There being no further testimony, Chair Geile closed public testimony. 2001-2969 PL1303 HEARING CERTIFICATION - DONALD LAFAVER (AMCOZ#522) PAGE 3 In response to Commissioner Vaad, Ms. Mika stated there was discussion of a modification to 35 feet, but that was not reflected in the Planning Commission's motion. Responding to Chair Geile, Mr. Morrison stated if this request is approved, there would not be a precedent, and he stated the Board of Adjustment is more effective to resolve individual issues rather than a group issue. He further stated this does not take away from the Board of Adjustment's jurisdiction. Mr. Morrison stated an adjacent development could request additional building heights based on consistency of development. He further stated there have been other instances where applicants have requested height modifications as pad of their application. Mr. Morrison stated if the Board moves to approve this request, the specific findings under Section 27-6-120.D.5 will need to be clarified for the record. Ms. Mika referred to the last page of Exhibit F, suggesting language reflecting the Board's reason for approval. She also requested a Condition be added allowing a seven-day waiting period before the action is deemed valid. She explained this allows the referral agencies an opportunity to appeal the decision which deviates from the approved Intergovernmental Agreement. Mr. Morrison suggested rather than adding a condition of approval, the last sentence of the Resolution be modified to state, "The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 2001, to become effective seven (7) days hence." He further stated the jurisdiction should be given immediate notification. Commissioner Jerke suggested a work session be scheduled to discuss the differences between the Uniform Building Code and the County Zoning Ordinance. Commissioner Jerke moved to approve the request of Donald LaFaver for Amended Change of Zone #522 to modify the uses allowed in the PUD (Planned Unit Development) Zone District as approved by Resolution #991203, dated May 19, 1999, to change the maximum building height from 30 feet to 40 feet, based on the testimony as entered into the record. His motion also included amending the second and third "Whereas" paragraphs of the Resolution to replace ten (10)with eighteen (18), and amending the last sentence of the Resolution to state,"The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 2001, to become effective seven (7) days hence." The motion was seconded by Commissioner Masden. Commissioner Vaad commented the findings of the Board need to reference the Standards and Conditions listed under Section 27-6-120.D.2.a-h,and he supports the motion because all parties involved agree with the proposed modification. He concurred with Commissioner Jerke that the differences between the regulations need to be addressed to avoid confusion in the future. Commissioner Jerke stated gravel pits are generally located within the floodplain, which puts developers at a disadvantage of complying with the established building heights once the grading and elevation is complete. He stated the measurements may need to be modified for those cases located on reclaimed gravel pits that are in the One Hundred (100) Year Flood Plain. Upon a call for the vote, the motion carried unanimously. There being no further discussion, the hearing was completed at 11:25. a.m. 2001-2969 PL1303 HEARING CERTIFICATION - DONALD LAFAVER (AMCOZ#522) PAGE 4 This Certification was approved on the 19th day of November 2001. APPROVED: BOARD OF/ OUNTY COMMISSIONERS WEL Ci NTY, COLORADO ATTEST: Midi �. ,...y 1 /v . J. ile, Ch it Weld County Clerk to the -ears It Zeit BY: gait) rh � Deputy Clerk to the Boa u4t,17 N ' �`�� Will H. Jerke r TAPE #2001- ) M`\�J qt D vi E. Long \ DOCKET#2001-81 1 /). kLZ) Robert D. Masden 2001-2969 PL1303 EXHIBIT INVENTORY CONTROL SHEET Case AMCOZ#522 - DONALD LAFAVER 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. Applicant Letter requesting to proceed (10/01/2001) F. Planning Staff PUD Development Guide Regulations G. James Sirko Letter indicating not opposed to proposal (11/13/2001) H. Planning Staff Photo of sign posted on site James Reif Building Height Definitions and Diagrams J. Planning Staff Overhead Map of PUD and Chart of permitted homes and heights K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF NOVEMBER, 2001: DOCKET#2001-81 - Donald LaFaver Res Professional r fes oz171��VIDEO, INC DOCKET#2001-80 - L. G. Everist, Inc. Registered Legal a Veo See rs Certified Video Specialists --11/4u £. g AAA, RPM PLEASE legibly write or print your name and complete address. 621 -17th Street 1-800-739-4846 Suite 2600 Fax: (303)296-0203 Denver,Colorado 80293 www.agren.com NAME ADDRESS A LegalWorks Company John Doe 123 Nowhere Street, City, State, Zip .'tvoA- LctiMAtutJ 2 :IL,La-g- ) nru�rnc•° i Co E—OSUI r k e-o1,O, �t��t� Nn now c 6-)--S\ u-)c-1V- Ito Lo vvc-,l3 C \o G7o3S y(o I tiA-Lc al.wt /1. eG'ti13r9',e.T 9'/ LA/ -g v ) . 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