HomeMy WebLinkAbout20000964.tiff HEARING CERTIFICATION
DOCKET NO. 2000-20
RE: CHANGE OF ZONE #540 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) DISTRICT WITH FIVE (5) RESIDENTIAL LOTS AND
TWO ACRES OF OPEN SPACE - JIM AND BONNIE BATES
A public hearing was conducted on May 10, 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, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 17, 2000, and duly published April 20, 2000,
in the South Weld Sun, a public hearing was conducted to consider the request of Jim and Bonnie
Bates for Change of Zone #540 from the A (Agricultural) Zone District to PUD (Planned Unit
Development) District with five (5) residential lots and two 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, which is approximately 12.8 acres, and explained the surrounding uses. Ms.
Chester stated 15 referral agencies submitted comments in favor of the application with proposed
conditions, and added the subject property is designated as prime ground; however, the small and
odd shape of the parcel makes it difficult to farm. She explained the site is not located within an
Urban Growth Boundary area,the proposal is not an urban-scale development,the Towns of Eaton
and Severance expressed no concerns, the site will be serviced by the North Weld County Water
District and individual septic systems, an Improvements Agreement will ensure adequate street
improvements at the Final Plan stage, and engineered septic systems may be required. Ms.
Chester stated the applicant has requested an administrative review of the Final Plan. In response
to Commissioner Geile, Mr. Morrison indicated accusations were made against the Jefferson
County Board of Commissioners that engineered foundations were not required on unstable soils,
although it was recommended by the Division of Minerals; however the Weld County Building Code
was recently amended to require engineered foundations in any situation and the Conditions of this
specific permit require each site to have an engineered foundation. Responding further to
Commissioner Geile, Mr. Morrison stated under the current State statutes which governs
Homeowners'Associations, the Board is required to address future development rights and make
it clear who is responsible. Ms. Chester stated the Covenants are not usually addressed until the
Final Plan stage and they will be reviewed by the County Attorney's Office. In response to
Commissioner Vaad, Ms. Chester indicated the boundary of the Windsor Road Impact Fee area
2000-0964
Pk() PL1404
HEARING CERTIFICATION - JIM AND BONNIE BATES (COZ #540)
PAGE 2
is located two miles west of the site, therefore, staff is requesting Condition of Approval #2.D 15
be deleted.
In response to Commissioner Geile, Jim Bates, applicant, stated the concerns expressed by the
Larimer/Weld Irrigation Ditch Company regarding the proposed trail have been resolved and he
is waiting for a response from the Ditch Company regarding its concerns for maintenance of the
ditch, but it is a Condition of Approval that these issues be resolved. In response to Commissioner
Baxter, Mr. Bates stated the two requirements of the Eaton Fire District regarding the turning radius
of the cul-de-sac and fire hydrants have been addressed. He further stated the site will be served
by a 20-inch main that serves the Town of Eaton, so water pressure will not be a concern.
No public testimony was offered concerning this matter.
In response to Chair Kirkmeyer, Mr. Bates stated he has reviewed and agrees with the proposed
Conditions of Approval and Development Standards. Responding to Chair Kirkmeyer, Pam Smith,
Department of Public Health and Environment,stated the Department is satisfied with the proposed
septic envelopes. In response to Chair Kirkmeyer, Mr. Morrison stated septic envelopes are shown
on the recorded plat. He stated this requirement allows more flexibility so the future homeowner
can determine the location of the house and then designate septic system envelopes.
Commissioner Hall moved to approve the request of Jim and Bonnie Bates for Change of Zone
#540 from the A (Agricultural) Zone District to PUD (Planned Unit Development) District wEth five
(5) residential lots and two 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,and
delete Condition of Approval #2.D.15 and renumber, and add Condition of Approval #5 to state,
"Final Plan approval may be granted by the Department of Planning Services." The motion was
seconded by Commissioner Vaad, and it carried unanimously.
This Certification was approved on the 15th day of May 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: AIX - ti 4
arbara irkmeyer, Chair Li
Weld County Clerk to the oa:d`' .
� n By: eetA (1 G ile, -Tem r
Deputy Clerk to the Board __
orge . Baxter -
TAPE #2000-14
Dale K.
Hall
DOCKET #2000-20 i;'C/!/->!!f(li
Glenn Vaadf
2000-0964
PL1404
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#540 - JIM AND BONNIE BATES
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 04/18/2000)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum re: Delete Condition of
Approval #2.D.15
F. Applicant Letter from applicant to Mayo
Sommermeyer/Dow Law Firm
G. Planning Staff Photo of sign posted on site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF MAY, 2000:
DOCKET#2000-17 -WILLIAM AND JOYCE RHOTON
DOCKET#2000-20 - JIM AND BONNIE BATES
DOCKET#2000-21 - CULLISON FAMILY FARMS, LLC/GEORGE A NELSON FARM, INC.,
(SOARING EAGLE RANCH) C/O EVERITT ENTERPRISES, INC.
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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�)"9F RAVE SRIVASI'AVA
CO LT j j Ph.D., P.E.
Operations Manager
Administration Office:
2217 Airway Ave.#3
P.O.Box 1518
Engineering Office: Ft.Collins,CO 811522
970.407-8161 Phone/Fax 970-498-0604
Lilian.hsd@vennefcom Fax:970-498 1170 1
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