HomeMy WebLinkAbout20003087.tiff HEARING CERTIFICATION
DOCKET NO. 2000-68
RE: CHANGE OF ZONE #553 FROM THE A(AGRICULTURAL) ZONE DISTRICT TO A PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT -ALBERT CHALLENGER
A public hearing was conducted on December 13, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Celle, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
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 November 20, 2000, and duly published
November 22, 2000, in the South Weld Sun, a public hearing was conducted to consider the
request of Albert Challenger for Change of Zone#553 from the A (Agricultural)Zone District to a
PUD (Planned Unit Development) Zone District. Lee Morrison, Assistant County Attorney, made
this a matter of record and stated Exhibit F will be a picture of the posted sign. 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. (Changed to
Tape#2000-37) She stated the site consists of five residential lots with approximately forty-three
acres of open space, including a conservation easement for a heron rookery. She stated the
change of zone allows for PUD uses which will comply with Section 35 of the Weld County Zoning
Ordinance, and each of the five lots will be buildable. Ms. Chester stated the applicant is proposing
the open space Lots, 1B and 1C, to be owned and maintained by the owner of Lot 1 A, rather than
the Homeowners'Association. She clarified Lot 1C is the current conservation easement, and the
Planning Commission had no objections to the ownership of the open space as proposed. Ms.
Chester stated if the Board agrees, the last sentence of Condition of Approval 2.E.1should be
deleted, as well as all of Condition of Approval 3.C. Ms. Chester stated both Milliken and
Johnstown are within three miles of the site, and Milliken has no conflict. Johnstown, however,
stated the proposal does not comply with its Comprehensive Plan and the Town is opposed to
development creating enclaves within urban boundaries without an intergovernmental agreement
being in place. She stated water can be made available in adequate supply by the Little Thompson
Water District; each lot shall have an Individual Sewage Disposal System; and improvements to
the internal road will require an Improvements Agreement during the Final Plan stages of the
proposal. Ms. Chester further stated the site has been mined previously under Amended Use by
Special Review Permit#602, the applicant is requesting administrative review for the Final Plan,
and the Department of Planning Services is recommending approval with the changes as noted.
2000-3087
Pt- 17L(IA I PEA) PL1449
HEARING CERTIFICATION -ALBERT CHALLENGER (COZ#553)
PAGE 2
Al Challenger, applicant, stated he has owned this property for about 20 years and described the
advantages of having ownership of the open space property, specifically isolation and protection
of the heron rookery, since any kind of public access or homeowners' access is liable to upset the
heron. Mr. Challenger stated he is the owner of Lot 1 A, therefore, he would own Lots 1B and 1C,
with no public access to open space; however, in future a parks and recreation system might be
desirable, which is why the plat is showing a future public viewing area. He stated he is trying to
accommodate future needs, as well as preserve the property as it is now. Responding to
Commissioner Geile,Mr. Challenger stated the conservation easement on Lot 1C has already been
given to the County, and he does hold the title to Lots 1B and 1A. Mr. Challenger stated he is
looking for someone to sponsor another easement, to give Lot 1B to the County at no cost,
basically looking at a 1031 tax exchange, putting it on a perpetual basis.
Responding to Commissioner Hall, Mr. Challenger explained the line meandering through the
property is the 100-year flood plain, and he noted the building envelopes are all outside of that,
plus, no fencing will be allowed down in there, and other requirements will ensure wildlife corridor
is maintained, as well as preserve wetlands. He stated basically 1C is the rookery, 1B is the
wetlands which sustain the rookery. Mr. Morrison stated a copy of the conservation easement,
Document Number 992803 should be placed in the record as Exhibit G.
Kathrine Vesseness, daughter of Jacob Kammerzell, stated her concerns that the wetlands will
remain as wetlands, and about the future public viewing lot. She stated her concerns about
damage, unsightly vandalism, trash, and other such problems, and that, if the applicant is allowed
to have the Final Plan administratively reviewed, her father would not have the opportunity to speak
on the location of the viewing area in the future.
Jacob Kammerzell, adjacent property owner,stated he only objects to the public viewing area,and
who will maintain it.
Al Challenger confirmed to Chair Kirkmeyer that Lot 1B will continue to be wetland. He stated it
is not buildable and stated he has approached a group in Boulder who work to enhance wetlands,
to see if this can be enrolled in its Wetlands Mitigation Program,which would actually improve the
capacity of the wetlands. Responding to Chair Kirkmeyer, Mr. Morrison stated the public viewing
area is available, and Lot 1A has an area which could be designated as the public viewing area,
it is strictly up to the Board's discretion. He noted the Board can indicate execution of a public
viewing area would require notice, public meeting, and could even place it on the regular agenda,
if desired. Responding to questions from Commissioners Geile and Baxter, Mr. Challenger stated
he wants to assure the County gets Lot 1 B, and he prefers the option remain open as to where the
viewing area should be. Responding to Chair Kirkmeyer, Mr. Challenger stated he does accept
the Conditions of Approval with the amendments presented by Ms. Chester.
After further discussion of the problems the public viewing area might create, Commissioner Hall
moved to approve the request of Albert Challenger for Change of Zone #553 from the A
(Agricultural) Zone District to a PUD (Planned Unit Development) Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval as entered into the record and deletion of the last sentence of Condition of Approval
#2.E.1 and deleting Condition of Approval 3.C, also including approval of the administrative review
2000-3087
PL1449
HEARING CERTIFICATION - ALBERT CHALLENGER (COZ#553)
PAGE 3
process. The motion was seconded by Commissioner Baxter. Commissioner Hall clarified if there
is an opportunity to allow Mr. Kammerzell to be involved in the administrative review process, staff
should do so. The motion carried unanimously.
This Certification was approved on the 18th day of December 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
Luill W,LD COUNTY, COLD ADO
ATTEST: �� � � . de/`._.-,
/�•�'�
.� Barbara J. ' kmeyer, Chair
Weld County Clerk to ty e :•.rc P
rI:�: M. J. He, Pro-Tem
BY: _ .�11. - � i�i�
Deputy Clerk to th� �� r
=111 orge E.Baxter
TAPE #2000-36 & #2000-37
a . all
DOCKET#2000-68 ld"
Glenn Vaa c-
2000-3087
PL1449
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#553 -ALBERT CHALLENGER
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 12/05/2000)
D. Clerk to the Board Notice of Hearing
E. Jacob Kammerzell Items of Concern and Internet backup
(12/12/2000)
F. Planning Staff Photo of sign posted on site
G. Planning Staff Resolution and Deed of Agricultural
Conservation Easement (11/22/1999)
H. Planning Staff Memorandum re: Changes to Conditions of
Approval (12/13/2000)
J.
K.
L.
M.
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P.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF DECEMBER, 2000:
DOCKET#2000-69 - JOHN MOSER
DOCKET#2000-58 - KENT CARLSON
DOCKET #2000-68 - ALBERT CHALLENGER
DOCKET #2000-72 - TERRY DYE/DYELANDS DAIRY
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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