HomeMy WebLinkAbout991204.tiff HEARING CERTIFICATION
DOCKET NO. 99-28
RE: APPROVE CHANGE OF ZONE #522 FROM A (AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) DISTRICT FOR TEN (10) LOTS WITH R-1
(RESIDENTIAL) ZONE USES - DONALD LAFAVER AND CHARLES MILES, JR.
A public hearing was conducted on May 19, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Eric Jerman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 5, 1999, and duly published May 8, 1999, in
the Fort Lupton Press, a public hearing was conducted to consider the request of Donald
LaFaver and Charles Miles, Jr., for Change of Zone #522 from the A (Agricultural) Zone District
to PUD (Planned Unit Development) District for ten (10) lots with R-1 (Residential) Zone uses.
Lee Morrison, Assistant County Attorney, made this a matter of record. Eric Jerman,
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. Mr. Jerman
gave a brief description of the location of the site, which is approximately 73 acres in size. He
stated it is uncertain whether Left Hand Water District will have enough taps available; therefore
the applicant reduced the application from 18 to 10 lots and will submit a sketch plan at a later
date for the remaining eight lots if water services is available. Mr. Jerman stated the Conditions
of Approval and Development Standards address the concerns indicated by entities responding
to referrals and two surrounding property owners. He further stated the application is
consistent with the Planned Unit Development and Mixed Use Development Ordinances. Mr.
Jerman read the reasons for approval into the record as submitted in the Planning Commission
resolution and responding to Commissioner Vaad, stated the applicant agrees the road will be
brought up to standard. Mr. Jerman further stated the applicant recently applied for a Recorded
Exemption which removed approximately three acres from the property. He stated the site is
located within the Town of Frederick's Urban Growth Boundary area; however, Chair Hall stated
the Town of Frederick referral indicates the site is not located in its Urban Growth Boundary.
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HEARING CERTIFICATION - DONALD LAFAVER AND CHARLES MILES, JR. (COZ #522)
PAGE 2
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Shani Eastin, Tuttle Applegate, Inc., represented the applicant and stated the ten lots will have
single family residences and a majority of the development will be designated as open space.
Ms. Eastin stated there are sufficient taps for the southern eight lots; however, Idaho Creek
crosses most of the lots and they would like to relocate the ditch prior to development. She
explained there will be water sports on the lake; however, jet skies will not be allowed, the water
ski area will be designated, and the remaining area will be non-motorized to comply with the
noise level requirements. Ms. Eastin stated the applicant agrees with the Conditions of
Approval and Development Standards; however, they feel the 60-foot right-of-way is excessive
for a ten-lot, low density development, and suggest it be reduced to 48 feet. In response to
Commissioner Geile, Ms. Eastin stated the Town of Firestone is not interested in the
development and does not want to enter into an annexation agreement until a future date when
the development is contiguous to the Town. Chair Hall stated Ordinance#195 does not require
an annexation agreement; however, Commissioner Geile read Section 4.3(b) of the Ordinance
for the record and stated he interprets the Section to mean an agreement is required. Mr.
Morrison clarified Weld County cannot force a municipality to enter into an agreement; in this
situation the applicant requested an agreement, and the Town waived its right to an agreement
by stating it is not interested. Mr. Morrison stated the site may be located within the Town's
referral area; however, Section 4.3 of Ordinance #195 only applies to sites located within the
Town's Urban Growth Boundary. Mr. Jerman explained the referral area is generally three
miles from the site so referrals were sent to three different municipalities in this situation. Mr.
Morrison explained the Intergovernmental Agreement area includes the Urban Growth
Boundary area, as well as the referral area, which is why a referral was sent to the Town of
Firestone; however, the map included in Ordinance #195 delineates the boundaries and the site
is not within Firestone's Urban Growth Boundary.
No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve the request of Donald LaFaver and Charles Miles, Jr.,
for Change of Zone #522 from the A (Agricultural) Zone District to PUD (Planned Unit
Development) District for ten (10) lots with R-1 (Residential) Zone uses, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. The motion was seconded by
Commissioner Baxter, and it carried unanimously.
991204
PL1303
HEARING CERTIFICATION - DONALD LAFAVER AND CHARLES MILES, JR. (COZ#522)
PAGE 3
This Certification was approved on the 24th day of May, 1999.
APPROVED:
ATTEST: �� � f '
� / BOARD OF COUNTY COMMISSIONERS
COUN Y, CO ORADO
Weld County Clerk to th
L� a K. Hall, Chair
Deputy Clerk to the Bt ,�
TAPE #99-18 Barbara J. Kirkmeyer, ro-Tem
DOCKET#99-28 eorge xter
M. J. Geile
Glenn Vaad -
991204
PL1303
EXHIBIT INVENTORY CONTROL SHEET
Case COZ #522 - Donald LaFaver and Charles Miles, Jr., `/o TuttleApplegate, Inc.
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)
D. Clerk to the Board Notice of Hearing
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H.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF MAY, 1999:
DOCKET#98-57 - ENVIRO-CYCLE, LLC, % HOWARD BOATRIGHT
DOCKET#99-28- DONALD LAFAVERAND CHARLES MILES,JR., % TUTTLEAPPLEGATE,
INC.
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