HomeMy WebLinkAbout981423.tiff HEARING CERTIFICATION
DOCKET NO. 98-41
RE: PLANNED UNIT DEVELOPMENT CHANGE OF ZONE TO CREATE FOUR(4)E(ESTATE)
ZONED LOTS AND ONE (1) A (AGRICULTURAL) ZONED LOT - KERMIT BOHRER
A public hearing was conducted on August 12, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tern
Commissioner George E. Baxter
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, Scott Ballstadt
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 25, 1998, and duly published July 8, 1998, in
the Platteville Herald, a public hearing was conducted to consider the request of Kermit Bohrer for
a Planned Unit Development Change of Zone to create four (4) E (Estate) zoned lots and one (1)
A (Agricultural) zoned lot. Lee Morrison, Assistant County Attorney, made this a matter of record.
Scott Ballstadt, 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. Ballstadt gave a brief description of the location of the site and stated the land is
irrigated; however, the applicant indicated it is marginally productive due to a variety of soils and the
small size of the property. He stated Condition of Approval #2.C.1 requires the Right to Farm
Covenant to appear on the plat. He further stated the site will receive water from the Longs Peak
Water District, and the Public Works Department is requesting the 40-foot access and utility
easement be increased to a 60-foot right-of-way as addressed in Condition of Approval#2.C.2. In
response to Commissioner Kirkmeyer, Don Carroll, Department of Public Works representative,
stated the Design Standards set the minimum width of right-of-way at 60 feet; however, the applicant
wants it at 40 feet. He stated 60 feet is enough room for both a roadway and utilities. Mr. Morrison
clarified the road will not look different; however, it will have a different legal status. Mr. Carroll
stated at the Planning Commission hearing, the applicant agreed to an additional 20 feet of over-lot
grading or other type of designation in addition to their proposed 40-foot right-of-way. Responding
to Commissioner Kirkmeyer, Mr. Morrison stated the setbacks are measured from the edge of the
right-of-way. In response to Chair Harbert, Mr. Carroll stated the Design Standards require a
minimum 65-foot turnaround radius for a cul-de-sac or 50 feet or more from edge to edge of the
outside curb or pavement edge. In response to Commissioners Hall and Kirkmeyer, Mr. Ballstadt
clarified the site is not in an incorporated area, and the original commitment for water service which
was good for six months, expired during the review process.
Barb Brunk, Rocky Mountain Consultants, Inc., represented the applicant and presented the letter
discussed above, marked Exhibit E, dated June 18, 1998, from the Longs Peak Water District,
committing to provide domestic water service for six months from the date of said letter. She stated
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HEARING CERTIFICATION - BOHRER (COZ#512)
PAGE 2
she discussed the road right-of-way with the Planning Commission and stated the applicant intends
to have a private road built to County standards. She stated rather than meeting the minimum
County standard for a 60-foot right-of-way, they would have a private road with a 60-foot wide utility
easement and include the setback requirements on the plat. In response to Commissioner
Kirkmeyer, Ms. Brunk stated the plat may state that the road remain a private road and will not be
brought to County standards. Responding to Commissioner Baxter, Ms. Brunk stated the existing
Weld County Road is not in question, she is concerned with the requirements for the internal road.
Mr. Morrison stated if the road is brought to County standards, the residents will have to dedicate
the entire utilities easement to accomplish the full 60-foot right-of-way for a road. Chair Harbert
commented there have been problems in the past determining who is responsible for maintaining
roads. Ms. Brunk explained the Homeowners Association provides the legal means to enforce the
covenants and obtain funds for maintenance. She clarified the physical road will be the same;
however, it is a matter of whether it is designated as a right-of-way or an access utility easement that
is owned and maintained by the homeowners. In response to Commissioner Kirkmeyer, Ms. Brunk
stated their proposal can easily be added to Condition of Approval#2.A by adding "and the private
drive" following "open space." In response to Commissioner Baxter, Ms. Brunk stated the road is
1,000 feet in length and will have fire hydrants and sprinklers as required by the local fire district.
Responding to Commissioner Hall, Ms. Brunk clarified they would like to change Condition of
Approval #2.C.2 to state "A 60-foot access and utility easement." Responding to Commissioner
Kirkmeyer, Ms. Brunk stated all of the lots are 2.5 acres in size and septic systems will not be a
problem. Responding to Chair Harbert, Mr. Ballstadt stated the Homeowners Association is not
addressed in the Conditions of Approval; however, the applicant has submitted covenants and an
On-site Improvements Agreement which will be considered with the final plat. No public testimony
was offered concerning this matter.
In response to Commissioner Kirkmeyer, Mr. Morrison read the relevant portions of the letter marked
Exhibit E, indicating Condition of Approval #2.B has been satisfied. Responding to Chair Harbert,
Mr. Ballstadt stated concerns of the School District will be addressed prior to recording the plat. In
response to Chair Harbert, Ms. Brunk stated the applicant agrees with the Conditions of Approval
and Development Standards with the exception of Condition #2.C.2 as discussed above. In
response to Commissioner Kirkmeyer, Mr. Morrison stated the plat will need to indicate that
setbacks shall be measured from the edge of the easement. Commissioner Hall clarified
maintenance of the private drive will be addressed in Condition #2.A.
Commissioner Kirkmeyer moved to approve the request of Kermit Bohrer for a PUD Change of Zone
to create four (4) E (Estate) zoned lots and one (1) A (Agricultural) zoned lot, 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 with changes to Condition #2.A
as discussed above; deleting Condition #2.B and renumbering subsequent paragraphs; changing
Condition #2.C.2, which becomes #2.B.2, to state "A 60-foot access and utility easement"; and
adding Condition #2.C.13 to state "The setbacks shall be measured from the edge of the
easement." The motion was seconded by Commissioner Baxter, and it carried unanimously.
981423
PL1258
HEARING CERTIFICATION - BOHRER (COZ#512)
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This Certification was approved on the 17th day of August, 1998.
APPROVED:
ATTEST: q � �,'� BOARD OF COUNTY COMMISSIONERS
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF AUGUST , 1998:
DOCKET#98-41 - KERMIT BOHRER
DOCKET#98-43 - H. MICHAEL CROISSANT
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) HEARING ATTENDING
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