HomeMy WebLinkAbout990152.tiff HEARING CERTIFICATION
DOCKET NO. 99-01
RE: APPROVE CHANGE OF ZONE #518 FROM A (AGRICULTURAL) TO PUD (PLANNED
UNIT DEVELOPMENT) DISTRICT TO CREATE FOUR (4) E (ESTATE) ZONED LOTS
WITH OPEN SPACE - ROBERT AND JANET WINTER
A public hearing was conducted on January 25, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
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, Julie Chester
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 8, 1999, and duly published January 13,
1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of Robert
and Janet Winter for Change of Zone #518 from A (Agricultural) to PUD (Planned Unit
Development) District to create four (4) E (Estate) zoned lots with open space. Lee Morrison,
Assistant County Attorney, made this a matter of record. Julie Chester, 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. Chester stated this
Change of Zone will create four estate zoned lots with open space. She gave a brief description
of the surrounding uses, and stated the referrals recommend approval with conditions. In response
to Commissioner Vaad, Ms. Chester explained that when a road serving a new development is
located within a municipality's urban growth boundary, the municipality will often request additional
right-of-way be dedicated to bring the road to County standards. (Clerk's note: Switched to
Tape #99-02) Ms. Chester further stated County standards allow one animal unit per acre;
however, the covenants may be more restrictive. In response to Commissioner Kirkmeyer, Ms.
Chester explained there is a trail proposed in the open space surrounding the lots, and there is a
Development Standard which addresses maintenance of the open space by the Homeowners'
Association. Sheble McConnellogue, Health Department representative, stated the requirement
for the removal of manure from the open space and trail was added to remain consistent with
similar developments. Commissioner Kirkmeyer commented if the Board deletes the Condition of
Approval, the applicant can address the matter in the Covenants. In response to Commissioner
Kirkmeyer, Ms. Chester suggested amending Condition of Approval #2.G.6 to add, "if applicable"
after the words building permits.
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HEARING CERTIFICATION - ROBERT AND JANET WINTER (COZ#518)
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Responding to Commissioner Kirkmeyer, Mr. Morrison stated Condition of Approval#2.G.11 allows
the applicant two years to submit the Final Plan and once the plan is recorded, the property is
vested for three years. Commissioner Kirkmeyer expressed concern that an applicant can extend
the time by delaying submittal of their final plan. Mr. Morrison stated it may be better to state the
property becomes vested from the date of approval of the final plan. He added the only concern
is when the plan is delayed by another source, the applicant's vested right may be decreased. In
response to Commissioner Geile, Ms. McConnellogue explained due to the high level of the ground
water, the Health Department staff is recommending two septic envelopes be designated to allow
room to construct a new septic system if the first one fails. She stated the requirement is based
on information from the ISDS maps, and the applicants changed their application to allow for the
additional space needed for septic envelopes.
In response to Chair Hall, Robert Winter, applicant, stated he agrees with the Conditions of
Approval, as well as the discussed changes. In response to Mr. Winter, Ms. McConnellogue stated
according to the Colorado Department of Natural Resources, a high water level is seven feet or
less from the surface. Responding to Commissioners Geile and Baxter, Mr. Winter stated the
foundations will be designed by an engineer, and the Covenants designate the homes will be
between 1,800 and 2,200 square feet in size which allows the owners to decide whether to build
a basement or a crawl space.
No public testimony was offered concerning this matter.
Commissioner Kirkmeyer moved to approve the request of Robert and Janet Winter for Change
of Zone #518 from A (Agricultural) to PUD (Planned Unit Development) District to create four (4)
E (Estate) zoned lots with open space, based on the recommendations of the Planning staff and
the Planning Commission, with the Conditions of Approval as entered into the record; to delete
Condition of Approval#2.G.5 regarding the maintenance of open space; amend Condition#2.G.6
as stated above and with the deletion of the word "Any" at the beginning of the sentence; and
change Condition #2.G.12 to state, "The use of this lot for a PUD shall be vested for three years
from the date of approval of the Final Plan." The motion was seconded by Commissioner Baxter,
and it carried unanimously.
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HEARING CERTIFICATION - ROBERT AND JANET WINTER (COZ#518)
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This Certification was approved on the 27th day of January, 1999.
APPROVED:
ATTEST: fad) I .� BOARD OF COUNTY COMMISSIONERS
r :.7" V LD COUNTY, COLOR
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Weld County 4:Clerk to t ` o t
/ / `, M, �, Dale K. Hall, Chair
BY: -_..ii . 4. ., .
Deputy Clerk to the << ;� ` EXCUSED DATE OF APPROVAL
`� 'jiv �� ' Barbara J. Kirkmeyer, Pro-Tem
TAPE #99-01 and #99-02 AIN - rot
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DOCKET#99-01
M. J Geile/
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Glenn Vaad---
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF JANUARY, 1998:
DOCKET#98-01 - ROBERT AND JANET WINTER
DOCKET#98-02 -ALLEN RATHE
DOCKET#98-03 - DAVID MILLER
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
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901.52
EXHIBIT INVENTORY CONTROL SHEET
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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 Notice of Hearing
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