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HomeMy WebLinkAbout20131097.tiffHEARING CERTIFICATION DOCKET NO. 2013-20 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0007, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED UNDER SECTION 23-2-20.A OF THE WELD COUNTY CODE (THREE (3) DWELLING UNITS INCLUDING MAIN HOUSE, BUNKHOUSE, AND MODULAR HOME) IN THE A (AGRICULTURAL) ZONE DISTRICT — CHAD AND KELLY FRYE A public hearing was conducted on May 8, 2013, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro -Tern Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: Acting Clerk to the Board, Susan Brown Assistant County Attorney, Brad Yatabe Planning Department representative, Tiffane Johnson Public Works representative, Don Carroll Health Department representative, Lauren Light The following business was transacted: ID I hereby certify that pursuant to a notice dated March 27, 2013, and duly published April 1, 2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Chad and Kelly Frye, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0007, for one (1) Single -Family Dwelling Unit per lot, other than those permitted under Section 23-2-20.A of the Weld County Code (three (3) dwelling units including main house, bunkhouse, and modular home) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Tiffane Johnson, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. She said reviewed the referral responses, stated a sign was posted on April 5, 2013, and said to date there are no objections or complaints. She reviewed the surrounding land uses and explained the applicants are purchasing this property for three single family dwellings. Their first priority is to move a modular onto the property, in addition to the existing house where the Fryes will reside, to allow their parents to live on the property. There is also an existing "Bunk House," which was renovated into a dwelling without permit sometime in the past, and it is currently unknown if this structure is up to code. Ms. Johnson said staff crafted Conditions of Approval with alternatives in order to allow the applicants to determine the most feasible and economical approach to bring the property into compliance, for the unpermitted bunk house and septic system. Upon approval, the applicants will seek early release of building permits for the proposed modular and address the "Bunk House" prior to recording the plat. Ms. Johnson reviewed photographs of the property, and noted that no screening plan is required as : Th NGCEP) 2013-1097 PL2214 5-3O -2043 HEARING CERTIFICATION - CHAD AND KELLY FRYE (USR13-0007) PAGE 2 the existing landscaping is adequate. e Ms. Johnson suggested two amendments to the Resolution: the removal of alternatives 1 and 2, listed under Condition of Approval #1.A be removed due to the applicant's decision to pursue alternative #3, and the removal of Condition of Approval #1.B, regarding building permits, as this requirement has been completed. Under the Development Standards, she suggested the language in item #12 should be changed to "Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant landowner shall be responsible for controlling noxious weeds pursuant to Section 15-1-180 of the Weld County Code," with the second sentence of #12 to be deleted. e Don Carroll, Department of Public Works, provided a brief overview of the location and requirements and noted the property is not in a flood zone. ▪ Lauren Light, Department of Public Health and Environment, reviewed water and sewer provisions. She said there is a well permit for three single family dwellings, a septic permit for the residence and a septic permit for the modular pending final inspection. The applicants are doing a 'statement of existing' for the bunkhouse and Ms. Light reviewed the potential requirements for that septic system; she noted this is the only outstanding item. ID Kelly Frye, applicant, along with her mother and father, Patsy and Jim Bridges, who are moving to live on the property, introduced themselves. Commissioner Conway commended them for their due diligence prior to purchasing the property. e No public testimony was offered concerning this matter. In response to Chair Garcia, Ms. Frye agreed to abide by the Conditions of Approval and Development Standards as amended. Mr. Yatabe noted the final sentence of 1.A should be deleted and the heading should be altered so that all references to alternatives are gone (and renumbered accordingly). The Board assented to this and all previously mentioned changes, including the altered language on Development Standard #12. El Commissioner Conway moved to approve the request of Chad and Kelly Frye for a Site Specific Development Plan and Use by Special Review Permit, USR13-0007, for one (1) Single - Family Dwelling Unit per lot, other than those permitted under Section 23-2-20.A of the Weld County Code (three (3) dwelling units including main house, bunkhouse, and modular home) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended and entered into the record. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. 2013-1097 PL2214 HEARING CERTIFICATION - CHAD AND KELLY FRYE (USR13-0007) PAGE 3 This Certification was approved on the 13th day of May, 2013. BOARD O COUNTY COMMISSIONERS WELD , COLORADO ATTEST: Weld County Clerk to the BY: Deputy Cler APP to the Bo unty Attorney Date of signature: 5/a9 William F. Garcia, Chair EXCUSED DATE OF APPROVAL Douglas Rademacher, Pro-Tem Sean P. Conway EXCUSED DATE OF APPR6VA�� Mike Freeman VD l�< /Barbara Kirkmeyer /J 2013-1097 PL2214 C ce O w ce ATTENDANCE HEARINGS ARE AS FOLLOWS ON THIS 8th DAY OF Mary, 2013: DOCKET #2013-20 - CHAD AND KELLY FRYE PLEASE legibly write or print your name and complete address. ADDRESS 123 Nowhere Street, City, State, Zip m J C J - NAME John Poe t---fi Hello