HomeMy WebLinkAbout20000282.tiff HEARING CERTIFICATION
DOCKET NO. 2000-03
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN, S #511, FOR A FIVE (5) LOT
PLANNED UNIT DEVELOPMENT - KAREN LIBIN
A public hearing was conducted on February 2, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter- EXCUSED
Commissioner Dale K. Hall - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 17, 2000, and duly published January 20,
2000, in the South Weld Sun, a public hearing was conducted to consider the request of Karen
Libin, c/o Linn Leeburg, Leeburg and Associates, for a Site Specific Development Plan and Final
Plan, S #511, for a five (5) lot Planned Unit Development. Lee Morrison, Assistant County
Attorney, made this a matter of record. Chair Kirkmeyer explained that because only three
Commissioners are present, it will require a unanimous vote in order for this matter to pass. Linn
Leeburg, Leeburg and Associates indicated the applicant wishes to proceed today.
Julie Chester, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Department of Planning Services staff into the record
as written, and stated the Board approved Change of Zone #527 for this site on September 15,
1999. Ms. Chester reviewed staff's reasons for approval, and asked that Condition of Approval
#5.J be deleted because it is a duplicate of Condition #5.D.
Mr. Leeburg stated the parcel is 40 acres;the applicant is proposing five estate lots ranging in size
from 4.7 to 8.6 acres; the site will be accessed by Peak Lane, which will be a gravel road built to
County and Erie standards; and the development exceeds the 15 percent open space requirement.
He reviewed the Landscape Plan, and in response to Chair Kirkmeyer, stated there will be a
Homeowners Association; the Covenants prohibit mobile homes and will renew annually as long
as the development is in existence; the proposed building envelopes will be moved further to the
west for Lots 1 and 2 and will consist of no more than 25 percent of the lots; and the Left Hand
Water District has assured water will be available. Responding to Commissioner Geile, Mr.
Leeburg indicated the applicant agrees with the terms of the off-site improvements agreement.
2000-0282
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HEARING CERTIFICATION - KAREN LIBIN (S#511)
PAGE 2
Mark Bella, surrounding property owner, expressed concerns regarding dust abatement being
limited to only twice per year; the potential for damage to the road from construction traffic; lack
of enforcement of the 20 mile-per-hour speed limit and stop signs; and other safety hazards for
children. In response to Chair Kirkmeyer, Mr. Morrison stated the Off-Site Road Maintenance and
Improvements Agreement is listed as an Agenda item which will be considered following this
hearing. Don Carroll, Department of Public Works, stated the County will be responsible for
maintenance and snow removal, and the applicant will be responsible for placing dust suppressant,
as needed, prior to and during construction, with a minimum of at least two applications per year;
however, the agreement does not address mitigation of negative impacts to the road as a result
of construction traffic. Mr. Carroll further stated the speed limit has already been reduced to help
mitigate nuisance dust conditions; traffic counts have been conducted; and he suggested adding
a paragraph to one of the Improvement Agreements requiring the applicant to bring the roads,
damaged as a result of construction traffic, back up to County standards. Mr. Bella stated the
concerns should be dealt with prior to approval of this proposal rather than afterwards when
problems persist.
Chester Haun, surrounding property owner, requested fire hydrants be placed near Carmacar
Ranchettes to benefit both developments, and stated he is not opposed to the overall development.
No further public testimony was offered concerning this matter.
Mr. Leeburg stated a fire hydrant will be placed within the cul-de-sac area, as well as 300 feet into
the development from Fir Avenue; and indicated the proposed hydrants will be closer than the
existing hydrants used to service Carmacar Ranchettes. He stated the impact to surrounding
properties is minimal, because there is only 5 lots versus over 70 lots in Carmacar. Mr. Leeburg
stated the sites will be accessed from Weld County Road 5, onto Mountain View, onto Fir Avenue,
and along Peak Lane. He stated the applicant would like to build the infrastructure as soon as
possible; they do not anticipate construction to occur on all the lots at once, thus reducing the
impact; and after working with the Department of Public Works, they feel the proposed access
route is the best option. In response to Chair Kirkmeyer, Mr. Leeburg stated the applicant has
reviewed and agrees with the Conditions of Approval and Development Standards. Responding
to Commissioner Geile, Mr. Leeburg indicated the location of the ditch right-of-way and equestrian
trail, and stated the trail will not inhibit the ditch maintenance road. He further stated the applicant
did work with the ditch company during the early phases of the project; however, the ditch company
has not responded to recent correspondence, thus indicating no further concerns at this time. He
added the applicant will abandon the internal ditch laterals. In response to Commissioner Geile,
Ms. Chester stated a referral was sent to the Cottonwood Irrigation Company regarding this
application and it did not respond. Mr. Morrison explained Weld County will not be liable for any
damage done to the ditch; however, liability may lie with the engineer of the trail if the design is
faulty, causing structural damage to the ditch. Responding to concerns expressed by surrounding
property owners, Commissioner Vaad commented the dust abatement will consist of a chemical
application; the improvements agreements and collateral will be considered subsequent to this
hearing; the roads are currently used by trash trucks, which cause the most damage due to their
size and weight; the developer agrees to keep the roads maintained; and fast traffic is handled as
best as possible.
2000-0282
PL1323
HEARING CERTIFICATION - KAREN LIBIN (S#511)
PAGE 3
Commissioner Vaad and moved to approve the request of Karen Libin, c/o Linn Leeburg, Leeburg
and Associates, for a Site Specific Development Plan and Final Plan, S #511, for a five (5) lot
Planned Unit Development, based on the recommendation of the Planning staff, with the
Conditions of Approval and Development Standards as entered into the record, with the deletion
of Condition of Approval#5.J. The motion was seconded by Commissioner Geile. In response to
Chair Kirkmeyer, Mr. Morrison stated requiring the applicant to post a sign on the property for the
benefit of developers and contractors regarding the reduced speed within the residential area would
be more appropriate to add as a Condition of Approval rather than a term of the Off-Site Road
Maintenance and Improvements Agreement. Commissioners Vaad and Geile agreed to amend
the motion to add Condition of Approval#6.E to state, "A sign shall be posted at the entrance/exit
point of the Planned Unit Development informing construction personnel of the construction access
route, speed limit, and residential nature of the area." The motion carried unanimously.
This Certification was approved on the 7th day of February, 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLO ' DO
ATTEST:
La /`'arbara J irkmeyer, hair
Weld County Clerk to the Bog, �J
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2861 �l+ tQA►I� • �� �I/.�.�'• L �. ei e, Pro-Tern
BY: ."t , n"
Deputy Clerk to the Boa USED
Jx eorge E. Baxter
TAPE #2000-05 EXCUSED
Dale K. Hall ,
DOCKET#2000-03
Glenn Vaadc
2000-0282
PL1323
EXHIBIT INVENTORY CONTROL SHEET
Case S #511 - KAREN LIBIN
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Wendy Lomeli Letter (E-mail) of Concern (01/30/2000)
C. Planning Staff Photo of posted sign
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 2ND DAY OF FEBRUARY, 2000:
DOCKET#2000-03 - KAREN LIBIN - THE PEAKS AT MOUNTAIN VIEW
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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