HomeMy WebLinkAbout970237.tiff HEARING CERTIFICATION
DOCKET NO. 97-12
RE: CHANGE OF ZONE #504 FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) ALLOWING RESIDENTIAL, C-1, C-2, C-3, I-1, 1-2, AND 1-3 USES -
ROCKY MOUNTAIN TRUST, CIO RUSTY GREEN
A public hearing was conducted on February 5, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer - EXCUSED
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Shani Eastin
The following business was transacted:
I hereby certify that pursuant to a notice dated January 8, 1997, and duly published January 16,
1997, in the South Weld Sun, a public hearing was conducted to consider the request of Rocky
Mountain Trust, do Rusty Green for a Change of Zone from A (Agricultural) to PUD (Planned Unit
Development) allowing Residential, C-1, C-2, C-3, I-1, 1-2, and 1-3 uses. 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. She noted the proposal
is within the MUD (Mixed Use Development) Area and Ordinance No. 191 is applicable.
Responding to the Board, Ms. Eastin stated the total acreage is 155, with 75 acres on the west and
80 acres on the east of Godding Hollow. Barb Brunk, Rocky Mountain Consultants, represented
the applicant and submitted a packet of four maps, Exhibit D, to the Board for review. She stated
she has been working with staff and the Public Works Department concerning the transportation
alignment, of which one mile will run through this project. Ms. Brunk stated one area will be
developed as empty-nester/senior housing and noted they have met with the neighbors on several
occasions and changed the project to meet their needs and address concerns. She stated the
main concern seems to be the change from rural to more urban; however, the MUD (Mixed Use
Development) Ordinance No. 191 was approved and this development is within the MUD Area.
Ms. Brunk stated, therefore, this proposal is the most responsible way to develop the area and is
the most compatible with the infrastructure. She then showed photographs of the types of homes
and the clubhouse proposed and stated the 80 acres will probably contain 240 units since 20 acres
will be open space, with four units per acre being typical. Paul Halkin, surrounding property owner,
referenced the petition opposing this proposal, previously submitted as Exhibit C. He stated
concerns about this development being too dense and setting a trend in the area, indicating rural
development is more desirable. Robert Konkle, adjacent property owner, confirmed the developer
970237
PL1072
RE: HEARING CERTIFICATION - ROCKY MOUNTAIN TRUST, C/O RUSTY GREEN (COZ#504)
PAGE 2
has worked with the neighborhood; however, further compromises need to be made due to the
rural infrastructure. He reiterated the development is too dense and noted the number of horses
and cattle in the area. Responding to a question from Chair Baxter, Mr. Konkle stated a maximum
of 60 to 75 houses should be allowed considering the required 20-acre open space area. Sharon
Hopper, surrounding property owner, stated she agrees with the neighbors but is more concerned
about the business side and the type of industries the business parks will attract. Chair Baxter
asked if Ms. Hopper had a problem with the MUD Plan, and she clarified she does not understand
whether each individual developer must obtain Board approval and reiterated concerns about the
types of businesses allowed. Ms. Eastin stated specifics are located in the Zoning Ordinance and
in the MUD Ordinance; however, more specific site uses for this development will be discussed at
the Final Plan hearing. She also noted landscaping, collateral, etc. will be tied to building permits
as Conditions of Approval. After further comments and discussion, Ms. Eastin confirmed campus-
style businesses and home businesses are proposed in the area to the west of the business center;
however, that area is not restricted to home businesses. Commissioner Hall stated he does not
understand why 1-3 uses are needed if only light industrial uses are proposed. Jill Hollerman,
surrounding property owner, noted there is only one home business in the area and questioned the
logic as to who will build home businesses in such an area and why the retirement homes will be
backed by industrial uses. Vivian Konkle, surrounding property owner, questioned whether 1-3 uses
have a dangerous rating and why 1-2 and 1-3 Zoning is necessary. Mr. Morrison explained the
Industrial Zone includes more outside storage, which 1-3 allows to be exposed; however, there is
not a specific list for the types of industry like there is for commercial uses. Ms. Konkle stated she
would like the neighborhood to be considered. Ms. Brunk explained the reason for requesting I-1,
1-2, and 1-3 uses was to allow a broad spectrum of future development, which is not a question of
what kind of businesses but what it looks like. She noted the development's covenants, plans, etc.
will be discussed at the Final Plan hearing, which is a public hearing. Ms. Brunk further explained
home businesses are limited in the number of square footage and employees, and this is a new
idea to respond to that market. She clarified Godding Hollow is a big buffer between the industrial
uses and the seniors, of which they have met with 40 or 50 who have reviewed and liked the
covenants, plans, etc. Ms. Brunk reiterated the MUD Ordinance clearly contemplates urban
development; thus, she must disagree concerning density. She confirmed, however, the site
specific quality issues will continually be discussed with the neighborhood. Responding to
questions from the Board, Ms. Brunk confirmed public water and sewer will be provided and a
homeowners association will be formed for care of yards, etc. She agreed to remove 1-3 uses
since the screening is mandatory in the MUD District anyway, which was confirmed by Ms. Eastin.
Mr. Morrison stated a use can be deleted without due notice process. Commissioner Hall clarified
that I-1 uses are internal and 1-2 uses must be screened. Commissioner Harbert moved to approve
the request of Rocky Mountain Trust, do Rusty Green for Change of Zone #504 from
A (Agricultural) to PUD (Planned Unit Development) allowing Residential, C-1, C-2, C-3, I-1, and
1-2 uses, with the removal of 1-3 uses, based on the recommendations of the Planning staff and the
Planning Commission, with the Conditions of Approval as entered into the record. The motion was
seconded by Commissioner Webster, and it carried unanimously.
970237
PL1072
RE: HEARING CERTIFICATION -ROCKY MOUNTAIN TRUST, CIO RUSTY GREEN (COZ#504)
PAGE 3
This Certification was approved on the 10th day of February, 1997.
,adiginsmeast
APPROVED:
1 E;��`�ATTEST/� BOARD OF COUNTY COMMISSIONERS
' �i � WELD OUNTY, C�RAD.�'!-�x�
O
Weld Clint , e4e �=
BY: a �� r U<v % / Georg e Baxter, Chair
k; :°1I:� ,ii �
•eputy:'fi;-. ._Y�,;; s:ard 7 ds464,-211
tance L. Harbert, Pro-Tern
TAPE #97-04
Dale K. Hall
DOCKET#97-12
EXCUSED
Barbara J. Kirkmeyer
W. H. Webster
970237
PL1072
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF FEBRUARY, 1997:
DOCKET#97-10 - COZ #502 - DEL CAMINO SOUTH, C/O DONALD PARK, PARK
ENGINEERING CONSULTANTS
DOCKET#97-11 - COZ#503 -WESTERN DAIRYMEN COOPERATIVE, INC., C/O PICKETT
ENGINEERING COMPANY
DOCKET#97-12 - COZ#504 - ROCKY MOUNTAIN TRUST, C/O RUSTY GREEN
PLEASE legibly print your name, 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
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF FEBRUARY, 1997:
DOCKET#97-10 - COZ #502 - DEL CAMINO SOUTH, C/O DONALD PARK, PARK
ENGINEERING CONSULTANTS
DOCKET#97-11 - COZ#503-WESTERN DAIRYMEN COOPERATIVE, INC., CIO PICKETT
ENGINEERING COMPANY
DOCKET#97-12 - COZ#504 - ROCKY MOUNTAIN TRUST, C/O RUSTY GREEN
PLEASE legibly print your name, 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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