HomeMy WebLinkAbout980452.tiff HEARING CERTIFICATION
DOCKET NO. 98-12
RE: CHANGE OF ZONE FROM AGRICULTURAL TO PUD FOR TWO (2)
RESIDENTIAL/AGRICULTURAL LOTS ZONED A (AGRICULTURAL) AND TEN (10)
RESIDENTIAL LOTS ZONED E (ESTATE) FOR A TOTAL OF 12 LOTS - DOUG AND
DIANA CUMMINGS/LARRY KAYLOR
A public hearing was conducted on March 18, 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
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, Shani Eastin
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 11, 1998, and duly published February 18,
1998, in the Platteville Herald, a public hearing was conducted on March 4, 1998, to consider the
request of Doug and Diana Cummings/Larry Kaylor for a Change of Zone from Agricultural to PUD
for two (2) Residential/Agricultural lots zoned A (Agricultural) and ten (10) Residential lots zoned
E (Estate) for a total of 12 lots. At said hearing it was determined by the Board of County
Commissioners to continue this matter to March 18, 1998. At said hearing on March 18, 1998, Lee
Morrison, Assistant County Attorney, made this a matter of record. Shani Eastin, 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. Ms. Eastin
presented the Administrative Recommendation for the record and reviewed the reasons for
approval. She explained this matter was previously continued allow the applicant to time to
address Condition #5 regarding the open space design for the development. Ms. Eastin proposed
the addition of Condition of Approval #3.d stating, "The Common Open Space Plan, as approved
by the Department of Planning Services, shall be shown on the plat." In response to Commissioner
Kirkmeyer, Ms. Eastin stated the plan designates 8.75 percent of the development as common
open space; however, it does give the appearance of 15 percent with the inclusion of building
envelopes on each lot. She further stated Section 6.3.5.2.7 of the PUD Ordinance allows a
departure from the 15 percent requirement, as long as staff approves the variance as being within
the intent of the PUD and MUD Ordinances.
Doug Cummings, applicant, presented overheads, Exhibit E, and explained this site was selected
due to the nice view, its location within the Mead Comprehensive Plan, and its accessibility and
convenience to the surrounding area. The proposal includes 12 lots located on a 76-acre parcel
980452
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HEARING CERTIFICATION - DOUG AND DIANA CUMMINGS/LARRY KAYLOR (COZ#510)
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with 48 acres of undeveloped area. Mr. Cummings stated 4-H, various agricultural uses, and
community focus will be encouraged, and the development will adopt the Weld County Right to
Farm covenant. He added the site is located within the Weld County and Mead Comprehensive
Plans, and gave a brief description of the community planning. Mr. Cummings read an article titled
"Brighton Youth Credits Parents and Ranch Life in Winning Award", Exhibit G, and introduced his
partner.
Larry Kaylor, co-applicant, explained they will locate a sign and plant trees and shrubs at the
entrance, as well as plant 520 trees throughout the development. Mr. Kaylor stated fences will be
built to reduce wind erosion and zero scape will help minimize water use. Mr. Kaylor displayed a
diagram of the property, Exhibit F, which was colored to show the common open space beltway
around the development to be used for biking,jogging, and riding. Each lot will have direct access
to the beltway and use of the park, volleyball pit, equestrian arena, picnic area, and horseshoe pit.
Mr. Kaylor indicated the location of the proposed school bus drop-off and pick-up area and added
the 7.1 acres of common open space combined with the passive open space equals far more than
15 percent, and requested the Board approve the proposal.
In response to Commissioner Kirkmeyer, Mr. Cummings stated they agree with all of the
Development Standards, Conditions of Approval, and the addition of 3.d. Responding to Chair
Harbert and Commissioner Webster, Mr. Cummings explained they met with Scott Toillion, St.
Vrain Planning Specialist, and will be signing an agreement with the St. Vrain RE-14 School
District. He also stated sufficient water is available with a 150,000 gallon water storage tank for
household, livestock, and lawn care needs. In response to Commissioner Baxter, Mr. Cummings
stated they have discussed the concerns of North Mountain View Fire District and propose to install
fire hydrants on each lot and mandate sprinkler systems in each residence. Responding to Chair
Harbert and Commissioner Baxter, Mr. Cummings explained as the developers, he and Mr. Taylor
will finance the maintenance equipment and establish a Home Owners Association; the proposed
covenants require the area be weed free, therefore, unsold lots will be maintained, and portions
of the two large lots will remain as pasture. No public testimony was offered concerning this
matter.
Commissioner Kirkmeyer moved to approve the request of Doug and Diana Cummings/Larry
Kaylor for a Change of Zone from Agricultural to PUD for two (2) Residential/Agricultural lots zoned
A (Agricultural) and ten (10) Residential lots zoned E (Estate) for a total of 12 lots, 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 addition of Condition 3.d. as
proposed by staff; deletion of Condition#5 and renumbering of subsequent sections; changing the
word "should" to "shall" in Condition 6.f., and revising Condition 6.g. to state "The applicant shall
remove, handle, and stockpile manure from the livestock area in a manner that will prevent
nuisance conditions. Any manure piles on site shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors, flies, insect pests, or pollutant runoff." The motion was
seconded by Commissioner Webster, and it carried unanimously.
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HEARING CERTIFICATION - DOUG AND DIANA CUMMINGS/LARRY KAYLOR (COZ#510)
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This Certification was approved on the 23rd day of March, 1998.
�.� APPROVED:
ATTEST: �'I , �a��� / BOARD OF COUNTY COMMISSIONERS
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eorge . Baxter
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arbara J. Kirkmeye
980452
PL1241
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF MARCH, 1998:
DOCKET#98-12 - for Doug and Diana Cummings/Larry Kaylor
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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