HomeMy WebLinkAbout982392.tiff HEARING CERTIFICATION
DOCKET NO. 98-67
RE: APPROVE PLANNED UNIT DEVELOPMENT CHANGE OF ZONE#514 TO CREATE FOUR
(4) E(ESTATE)ZONED LOT AND ONE(1)A(AGRICULTURAL)ZONED LOT- DALE AND
LORETTA BURMAN, BIG SKY PROPERTIES
A public hearing was conducted on December 9, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter- EXCUSED
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Eric Jerman
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 13, 1998, and duly published
November 18, 1998, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Dale and Loretta Burman for Planned Unit Development Change of Zone#514 to create
four (4) E (Estate) zoned lots and one (1) E (Estate) zoned lot. Lee Morrison, Assistant County
Attorney, made this a matter of record. Eric Jerman, Department of Planning Services
representative, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Mr. Jerman indicated a
letter from the Division of Water Resources, marked Exhibit G, states that the water source for Big
Sky Properties is Central Weld County Water District, and added the Division of Wildlife did return
a referral response. He stated the applicant will be responsible for submitting a Landscaping Plan
prior to recording the plat, and 15.2 percent of the site is designated as open space. Mr. Jerman
explained the applicant is not able to attend due to a previously arranged vacation; however, they
have submitted a letter, marked Exhibit F, authorizing Mary Brammer, to represent their case.
Mary Brammer represented the applicant and stated she has been working with the applicants for
approximately two years on this project and requested if the application is approved that the
proposal goon a fast-track approval. In response to Chair Harbert, Ms. Brammer explained the fast-
track approach allows the applicant to complete the work and get approval of the final plan from the
Department of Planning Services. Mr. Morrison stated the Final Plat may be approved by staff if the
plan is consistent with what the Board approves and there are no major changes. In response to
Commissioner Webster, Ms. Brammer stated she has reviewed the covenants with the applicants
and has also received input from a surrounding property owner whose concerns have been
addressed in the Covenants. Mr. Jerman added the Right To Farm Covenant will also be included
and the Covenants will be finalized at the Final Plat approval. No public testimony was offered
concerning this matter.
/9k, 982392
PL1273
HEARING CERTIFICATION - DALE AND LORETTA BURMAN (COZ#514)
PAGE 2
In response to Commissioner Kirkmeyer, Mr. Jerman stated he will invite Patina Oil and Gas
Corporation to the Utility Board meeting to address their concerns. Mr. Morrison added the Board
can add a Condition of Approval or Development Standard indicating the location of Patina's well;
however, it may be helpful to get the input from the Utility Board in relation to the other utilities.
Responding to Commissioner Kirkmeyer, Mr. Morrison suggested deleting Condition of Approval
#2.D.14 and renumbering the following Conditions. He further stated the Covenants are included
in the application materials and will be addressed in the Final Plat stage prior to recording. In
response to Commissioner Webster, Mr. Morrison suggested expanding #1.15 of the Covenants
to address noxious weeds. Chair Harbert commented she would prefer a new covenant be added
to address the maintenance of noxious weeds. Responding to Commissioner Kirkmeyer, Don
Carroll, Department of Public Works representative, stated the development will access onto Weld
County Road 43, which is a gravel road, and then head east to Weld County Road 53. He added
the latest traffic count is not high enough to require improvements on Weld County Road 43.
Commissioner Kirkmeyer commented that the additional traffic will make the traffic count more than
200 vehicles per day. Mr. Carroll stated he can do a recount; however, the road appears to be able
to handle the additional traffic. In response to Chair Harbert, Mr. Carroll stated they could require
the applicant to apply dust control in front of the site twice a year. Responding to Commissioners
Hall and Webster, Mr. Jerman stated a Home Owners Association will be established and the
applicant is proposing stick-built homes. Commissioner Kirkmeyer suggested adding a Condition
of Approval regarding dust control, and Mr. Morrison stated the Board can require a Road
Improvements Agreement which addresses dust control. Following discussion, Ms. Brammer stated
currently surrounding property owners are required to spray the road in front of their homes if they
have dust problems. In response to Commissioner Kirkmeyer, Mr. Carroll stated the right-of-way
radius is 65 feet; however, the internal radius is fifty feet which meets requirements. Chair Harbert
suggested adding a new Condition of Approval regarding a maintenance agreement, and directing
the Public Works Department to meet with the applicant and draft the maintenance agreement for
final approval by the Board. Mr. Jerman suggested adding the following, "Prior to Recording the
Plat: The applicant shall submit a dust abatement plan to the Public Works Department for review
and approval." He further requested "noxious weeds be controlled at all times" be added to
Section 1.15 of the Covenants. Commissioner Kirkmeyer stated the Covenants can be addressed
by Planning staff without approval by the Board. She further stated the Board can add Condition
#2.C to state, "The Public Works Department will review the roadway conditions of Weld County
Road 48 and determine if there is a need for an agreement between the property owner and Weld
County. An agreement will require final approval by the Board of County Commissioners." Ms.
Brammer stated she agrees with the additional wording to the Covenants regarding the maintenance
of Noxious Weeds, and the applicant will work with the Public Works Department regarding any
necessary dust abatement. She further stated the applicant is in agreement with the Conditions of
Approval as discussed.
Commissioner Kirkmeyer moved to approve the request of Dale and Loretta Burman for a Planned
Unit Development Change of Zone #514 to create four (4) E (Estate) zoned lots and one (1) E
(Estate) zoned lot, 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#2.C
to state, "The Public Works Department will review the condition of Weld County Road 48 and
determine if an agreement is needed between the property owner and Weld County. An agreement
will require final approval by the Board of County Commissioners", renumbering the remaining
982392
PL1273
HEARING CERTIFICATION - DALE AND LORETTA BURMAN (COZ#514)
PAGE 3
Conditions, deleting Condition of Approval #2.D.14, and renumbering the following Conditions.
Commissioner Webster seconded the motion. In response to planning staff's request,
Commissioner Kirkmeyer amended her motion to authorize the Department of Planning Services
to review and approve the Final Plat if it remains consistent with the current plan; however, if there
are changes, the plan will come back to the Board of Commissioners for approval. Commissioner
Webster agreed with the amended motion, and it carried unanimously.
This Certification was approved on the 14th day of December, 1998.
APPROVED:
fr �►
ATTEST: � BOARD OF COUNTY COMMISSIONERS
)� WE D COUNTY, COLORAD
Weld County Clerk td die ' , >'
�. g Constance L. Harbert, Ch it BY: Deputy Clerk to the' 4J����� (I/C D' ' ] IA
W. 1 lI w
H. Webster, Pro-Tem
TAPE #98-33
EXCUSED
orge E. Baxter
DOCKET#98-67
DaIp,K. all
/
arbara J. Kirkmeyer
982392
PL1273
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF DECEMBER, 1998:
DOCKET#98-98-67 - DALE AND LORETTA BURMAN - BIG SKY PROPERTIES
DOCKET#98-98-68 - JER, A PARTNERSHIP
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
;� - 67d,h,)}, 7-.%) .ma c-y r 7b' ( :�1layy ,6,- c 4v�
",2e M.yr�,e, / 3/4(26 �l-s> 2� e.� ,d,,'s 6:Ce /y P. OWISfi
icFP.1(6 77)7l a iniLL-) �I≤ I InF3A- O)nd.,, a, r, , ,, ye, &"l� GCS%
LA14i/r? 6 /y
o i..,,_ � k. :-� r e a A -7 <<� u 4 v,. 3 Q
,/yne-✓ AP9AskVk(( 2✓e> ,- 9524- 46- re�(eY 'e6, 5
982392
EXHIBIT INVENTORY CONTROL SHEET
Case NZ #51q/ l akna. . Rxp'lc _ nQwUl ta:
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board jJ Notice of Hearing
Lone,E. j..r< %- nne, xl rli1r: ca/ 4jl�/Jld;1e�.r>
F. J .� w I,L,L 1..®®• /VOA/ n. , gyp.
G. 6 DA!. koar Sk�i g w U<e ccau Jam' GJ4 Lr- ath cc)
2 H. 7 nna , LS/ Co..&) of,e rh ) c9 at»atAlu At LORE
J.
K.
L.
M.
N.
0.
P.
Q.
R.
S.
T.
U.
V.
W.
982392
Hello