HomeMy WebLinkAbout20001717 HEARING CERTIFICATION
DOCKET NO. 2000-34
RE: CHANGE OF ZONE #544 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT-HARRY AND ILDIKO OYLER AND
DONALD LAFAVER
A public hearing was conducted on July 19, 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
Commissioner Dale K. Hall
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, Pam Smith
Public Works representative, Diane Houghtaling
The following business was transacted:
I hereby certify that pursuant to a notice dated June 19, 2000, and duly published June 22, 2000,
in the South Weld Sun, a public hearing was conducted to consider the request of Harry and Ildiko
Oyler and Donald LaFaver, co-applicants,for Change of Zone#544 from the A(Agricultural)Zone
District to a PUD (Planned Unit Development)Zone District for five(5)residential lots with 25 acres
of open space. Lee Morrison, Assistant County Attorney, made this a matter of record Julie
Chester, 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. Chester
gave a brief description of the location of the site, and stated 11 referrals agencies responded
favorably with recommended conditions. She further stated the proposal complies with Weld
County Comprehensive Plan, Planned Unit Development Standards, and A (Agricultural) Zone
District, and the Right To Farm Covenant will be required on the Final Plat. Ms. Chester stated the
site is not located within an Urban Growth Boundary or Intergovernmental Agreement area of any
municipality, the applicant is not proposing an urban-scale development, potable water will be
provided by the Left Hand Water District,and the sites will be serviced by individual septic systems.
She further stated the applicant will be required to enter into an Improvements Agreement for
paving the internal road, a drainage study will be required prior to approval of a final plan, the site
is within the floodplain requiring the applicant to apply for a Flood Hazard Development Permit.
Ms. Chester stated there are no minerals on the site which will effect development; although a
letter, marked Exhibit F, was received from the agent for the Union Pacific Resources Company
indicating some concern regarding mineral rights. Ms. Chester recommended adding a new
Condition of Approval #2.E to address these concerns as follows, "The applicant shall submit a
2000-1717
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HEARING CERTIFICATION - HARRY AND ILDIKO OYLER (COZ #544)
PAGE 2
copy of an agreement with the Union Pacific Resources Company and Union Pacific Land
Resources Corporation, stipulating that all concerns of the company have been adequately
addressed or submit evidence that reasonable accommodations have been made." Ms. Chester
stated the applicant will be required to submit a soils report prior to obtaining any building permits,
a Development Guide for this application has been submitted and she recommends the final plat
be administratively reviewed.
In response to Commissioner Vaad regarding the necessity of Condition of Approval #2.E.'3, Ms.
Chester indicated this Condition is typically added as a note on the plat to give notice to any future
property owners that they will be required to comply with current standards of the County
departments. Mr. Morrison stated he has no concerns regarding the enforcement of this statement
whether it is included in Special Review Permits. Commissioner Vaad referred to a referral
response dated April 5, 2000, from the Mountain View Fire Protection District regarding a potential
fire flow problem. Ms. Chester indicated the applicant can address what has been discussed with
the Fire District.
Donald LaFaver, applicant, stated he spoke with the Mountain View Fire Protection District
regarding fire sprinklers and the District requires any structure larger than 3,600 square-feet to
have a sprinkler system. Responding to Commissioner Geile, Mr. LaFaver stated the existing lake
was created as a result of a gravel mining operation, the water will be used for irrigation, and Final
Decree granting him water rights was recently approved by State Engineer's Office. In response
to Chair Kirkmeyer, Mr. LaFaver stated he has reviewed and agrees with the Conditions of
Approval and Development Standards. He stated the only concern was expressed by the Union
Pacific Resources Company regarding its mineral rights, and the proposed Condition of Approval
#2.E has addressed that issue. He further stated he has exceeded the setback requests of HS
Resources for the well.
No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve the request of Harry and Ildiko Oyler and Donald LaFaver,
co-applicants, for Change of Zone#544 from the A(Agricultural)Zone District to a PUD (Planned
Unit Development)Zone District for five (5) residential lots with 25 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 the addition of Condition of Approval#2.E as requested
by staff. The motion was seconded by Commissioner Baxter. Esther Gesick, Deputy Clerk to the
Board, requested the Board consider adding another Condition regarding the administrative review
of the final plan as requested by Ms. Chester. Commissioners Vaad and Baxter agreed to amend
the motion to add Condition of Approval #5 regarding the administrative review of the Final Plan
application. The amended motion carried unanimously.
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HEARING CERTIFICATION - HARRY AND ILDIKO OYLER (COZ #544)
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This Certification was approved on the 24th day of July 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
Li) W.
LD COUNTY, COLORADO
/ pia
ATTEST: I i .�1 r l /� ! / �Je�UL=
NJ Barbara J. Kir eyer,
Weld County Clerk to the •
M. J. ile, Pro-Tem
BY: �. /. �_.i;..; /.
vi
Deputy Clerk to the B•- tJ j , , , {' / c_
fw' 1�1�,, --
eorg . Baxter
TAPE #2000-20 - _
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2000-1717
PL1421
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#544 - HARRY AND ILDIKO OYLER/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 06/06/2000) -
D Clerk to the Board Notice of Hearing
E. Planning Staff Certification of Sign Posting
F. Planning Staff - Memo re: changes to conditions of
approval (07/19/00)
- Letter from Welborn Sullivan Meck &
Tooley, P.C. re: Mineral Rights (07/18/00)
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Q,R.S.T.U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF JULY, 2000:
DOCKET#2000-34 - OYLER/LAFAVER
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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