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Home My WebLink About20121961.tiff HEARING CERTIFICATION DOCKET NO. 2012-47 RE: CHANGE OF ZONE, PUDZ12-0002, TO AMEND THE CHANGE OF ZONE PLAT OF SIERRA ACRES PLANNED UNIT DEVELOPMENT (PZ-1089) TO ALLOW A SINGLE- FAMILY RESIDENCE TO BE BUILT ON OUTLOT 3- PODTBURG SONS DAIRY, LLC HEARING CERTIFICATION DOCKET NO. 2012-48 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF12-0001, TO AMEND THE FINAL PLAT OF SIERRA ACRES PLANNED UNIT DEVELOPMENT (PF-1089) TO ALLOW A SINGLE-FAMILY RESDIENCE TO BE BUILT ON OUTLOT 3- PODTBURG SONS DAIRY, LLC A public hearing was conducted on July 25, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tern Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Chris Gathman Public Works representative, Don Carroll Health Department representative, Lauren Light The following business was transacted: e I hereby certify that pursuant to two notices dated June 15, 2012, and duly published June 20, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the requests of Podtburg Sons Dairy, LLC, for Change of Zone, PUDZ12-0002, to amend the Change of Zone Plat of Sierra Acres Planned Unit Development (PZ-1089) to allow a single-family residence to be built on Outlot 3; and for a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF12-0001, to amend the Final Plat of Sierra Acres Planned Unit Development (PF-1089) to allow a single-family residence to be built on Outlot 3. Brad Yatabe, Assistant County Attorney, made this a matter of record. El Chris Gathman, Department of Planning Services, presented a brief summary of the proposals and entered the favorable recommendations of the Planning Commission into the record as written. He explained the Change of Zone was approved in 2005, and the Final Plan was approved in 2006. At that time, Outlot 3 was designated as a non-buildable agricultural lot, and these requests would change the zoning to allow one Single Family Dwelling on the lot, to be designated as Lot 10, with the remainder of the uses unchanged. He reviewed the referral Q".1. UA PL,PU3, 2012-1961 cg . a • I' PL1803 HEARING CERTIFICATION - PODTBURG SONS DAIRY, LLC (PUDZ12-0002 AND (PUDF12-0001) PAGE 2 responses and surrounding land uses, and indicated a petition was circulated among the Sierra Acres residents indicating no concern with the applications. Mr. Gathman requested Condition of Approval #1.A.3 be corrected to replace "gravel" with "paved", and he displayed photographs of the site and surrounding area. IR Mr. Gathman responded to questions regarding changes made to the conditions during the Planning Commission hearing, as well as the original reasoning for Outlot D being designated for agricultural use only. e Don Carroll, Department of Public Works, provided a brief overview of the existing conditions, as well as the proposed transportation plans and requirements. la Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions. El Tim Naylor, AGPROfessionals, LLC, represented the applicant and stated they own the dairy to the south and many of the Sierra Acres residents assumed the subject land was part of the dairy. He explained the dairy owners intend to construct their personal residence on the site. In response to Commissioner Garcia, Mr. Naylor stated he believes the site was created as an Outlot, since it does not have access to the internal drive of the PUD. IR No public testimony was offered concerning the Change of Zone. In response to Chair Conway, Mr. Naylor stated the applicant would like to request an early release of building permits, and Mr. Gathman indicated that should not be a problem; however, they will need to submit the request, in writing, at the time of submittal for the building permit application. Commissioner Rademacher requested the word "will" be changed to "may" in Conditions of Approval #2.M and #2.O for the Change of Zone, as well as in Conditions #2.Q and #2.S for the Final Plan. Following discussion regarding the intent of Condition #2.E for the Final Plan, the Board agreed the language was appropriate to address traffic safety. In response to Commissioner Garcia, the applicant clarified Condition #2.V deals with the Homeowner's Association; however, it will not apply to the subject parcel, which was originally created as an outlot. No public testimony was offered concerning the Final Plan application. In response to Chair Conway, Mr. Naylor stated he and the applicant have reviewed, and agreed to abide by, the Conditions of Approval for both applications. El Commissioner Rademacher moved to approve the request of Podtburg Sons Dairy, LLC, for Change of Zone, PUDZ12-0002, to amend the Change of Zone Plat of Sierra Acres Planned Unit Development (PZ-1089) to allow a single-family residence to be built on Outlot 3, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. His motion included correcting Condition of Approval #1.A.3 to replace "gravel" with "paved", and modifying Conditions of Approval #2.M and #2.O to replace the word "will" with "may". The motion was seconded by Commissioner Long, and it 2012-1961 PL1803 HEARING CERTIFICATION - PODTBURG SONS DAIRY, LLC (PUDZ12-0002 AND (PUDF12-0001) PAGE 3 carried unanimously. U Commissioner Garcia moved to approve the request of Podtburg Sons Dairy, LLC, for a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF12-0001, to amend the Final Plat of Sierra Acres Planned Unit Development (PF-1089) to allow a single- family residence to be built on Outlot 3, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. His motion included modifying Conditions of Approval #2.Q and #2.S to replace the word "will" with "may". 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. This Certification was approved on the 30th day of July, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: e `�CO Sean P. Co , Chair r ) Weld County Clerk to the Board . William F. 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