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HomeMy WebLinkAbout992235.tiff HEARING CERTIFICATION DOCKET NO. 99-50 RE: CHANGE OF ZONE #524 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)DISTRICT FOR 353 LOTS WITH RESIDENTIAL ZONE USES -WESTERN DAIRYMEN COOPERATIVE, INC., % CLAY CARLSON A public hearing was conducted on September 1, 1999, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chair Commissioner Barbara J. Kirkmeyer, Pro-Tern 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, Ben Patton Health Department representative, Trevor Jiricek Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 21, 1999, and duly published July 24, 1999, in the Fort Lupton Press, a public hearing was conducted on August 4, 1999, to consider the request of Western Dairymen Cooperative, Inc., % Clay Carlson, for Change of Zone #524 from A (Agricultural) Zone District to PUD (Planned Unit Development) District for 353 lots with Residential Zone uses. At said hearing on August 4, 1999, the Board deemed it advisable to continue this matter to September 1, 1999, to allow the applicant adequate time to receive a full water commitment from the Left Hand Water District for the entire 353 lots. At said hearing on September 1, 1999, Lee Morrison, Assistant County Attorney, made this a matter of record. Ben Patton, Department of Planning Services, gave a brief description of the surrounding uses, as well as the location of the site which is approximately 100 acres in size. He stated the western portion of the site lies within the Hundred-Year Flood Plain; the open space will be used for an outdoor classroom and dedicated to the St. Vrain Valley School District. Mr. Patton stated water service will be provided by the Left Hand Water District and sewer sanitation will be provided by the St. Vrain Sanitation District. He stated there are numerous surrounding property owners who have concerns regarding this application who are in attendance. Mr. Patton stated the applicant previously submitted an agreement with the Left Hand Water District confirming the availability of 150 taps, and at the time of today's hearing, submitted an agreement for an additional 203 taps, which planning and legal staff have not had adequate time to review. Mr. Patton submitted the water service agreement, a letter from HS Resources, a letter of commitment from the Left Hand Water District, and an agreement with the St. Vrain Valley School District, marked Exhibits H, I, J, and K, and stated the applicant will be required to provide collateral for maintenance and improvements on Weld County Road 7.5. In response to Chair Hall, Mr. Patton reiterated the letter of commitment and water service agreement for the remaining taps were submitted 5 minutes prior to this hearing and staff has not had adequate time to review the provisions of the agreement. Commissioner Kirkmeyer commented the application should not have been presented to the CA 992235 t� PL, PL1321 HEARING CERTIFICATION - WESTERN DAIRYMEN COOPERATIVE, INC., % CLAY CARLSON (COZ#524) PAGE 2 Planning Commission or the Board of Commissioners if there was no guarantee of water. Mr. Patton suggested using a phase-in plan to ensure there is adequate water before the remaining lots are constructed. Commissioner Kirkmeyer commented that the application is not complete and may need to be sent back to the Planning Commission because it did not have adequate information. Commissioner Kirkmeyer moved to continue the request of Western Dairymen Cooperative, Inc., Clay Carlson,for Change of Zone#524 from A(Agricultural)Zone District to PUD(Planned Unit Development) District for 353 lots with Residential Zone uses to October 6, 1999 at 10:00 a.m., to allow staff adequate time to review the Subdivision/Multiple Tap Service Agreement and determine if the water service will be adequate. Commissioner Geile seconded the motion. In response to Commissioner Geile, Mr. Patton stated this is the only issue that remains to be resolved. Commissioner Kirkmeyer commented that staff should consider whether this matter needs to be sent back to the Planning Commission and make a recommendation to the Board. In response to Commissioner Vaad, Mr. Morrison stated it will require action from the Board on October 6, 1999, to return the case to the Planning Commission. The motion carried unanimously. This Certification was approved on the 8th day of September, 1999. APPROVED: ATTEST: 44/ I/'��� OARD OF COUNTY COMMISSIONERS tiii��•e`' IE L1, LD COUNTY, COLORADO fikv , Weld County Clerk to the Boe„ �o��r•, •" USED DATE OF APPROVAL ; j ■ K. Hall, Chair BY: o o. . Deputy Clerk to the Boar\®�i,NZ „4 ett A _ A / . ' JUL (Li .:arbar J. Kirkmeyer, P o-Tem TAPE #99-278 __ _ _. Georg axter DOCKET#99-50 M. J. Geile G/L45\ Glenn Vale-- 992235 PL1321 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 1ST DAY OF SEPTEMBER, 1999: .DOCKET#99-50 - WESTERN DAIRYMEN COOPERATIVE, % CLAY CARLSON DOCKET#99-53 - GREELEY-WELD COUNTY AIRPORT AUTHORITY 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 V U 1, —e - (Ci(.Cr� , Q'd 0c 4L Q? - �0 C1[e. c t.., ) oZ;?mon,- SOY `79-SO • 99%VA' 25a!/ ��s-i//04/i Sr..hbg Hello