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HomeMy WebLinkAbout20230158.tiffHEARING CERTIFICATION DOCKET NO. 2023-04 RE: CHANGE OF ZONE, PUDZ22-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SIX (6) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES AND ONE (1) NON -BUILDABLE OUTLOT WITH A (AGRICULTURAL) ZONE DISTRICT USES - AMANDA, BRANDON, LISA AND MORIAH NGUYEN A public hearing was conducted on January 25, 2023, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Scott K. James Commissioner Kevin D. Ross Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Department of Planning Services representative, Maxwell Nader Department of Public Health and Environment representative, Lauren Light The following business was transacted: hereby certify that pursuant to a notice dated December 12, 2022, and duly published December 14, 2022, in the Greeley Tribune, a public hearing was scheduled for January 18, 2023, and rescheduled due to inclement weather and closure of County Offices. On January 25, 2023, a hearing was conducted to consider the request of Amanda, Brandon, Lisa and Moriah Nguyen, for Change of Zone, PUDZ22-0003, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for six (6) residential lots with E (Estate) Zone District uses and one (1) non buildable outlot with A (Agricultural) Zone District uses. Karin McDougal, Assistant County Attorney, made this a matter of record. El Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal, stated this is the second step of the Nguyen Cluster PUD, and described the location of the site. He explained the proposed outlot will be approximately 100 acres, the residential lots will be zoned PUD with allowed uses consisting of Uses by Right, Accessory Uses and Uses by Permit; however, no Uses by Special Review shall be permitted, and he described the additional level of review for a Cluster PUD. He shared the access will be west of County Road (CR) 31, with access to individual lots by private road. Mr. Nader shared the City of Brighton municipal limits are located directly east of, but not adjacent to, the site. He stated the site is located within the Fort Lupton Planning Coordinated Planning Agreement (CPA) boundary; however, separate intergovernmental agreements, of which Weld County is not a part of, prohibit annexation of these lands into Fort Lupton. He relayed the applicant has satisfied the PUD Sketch Plan process, PUDK21-0004, prior to advancing to the PUD Change of Zone. He shared Notice was sent to 18 surrounding property owners (SPOs), and no responses were received. He relayed, per the Development Review staff, access is proposed onto CR 31, which portion is paved and under the Cc : PL (-Ip/MN) 02ii4 /23 2023-0158 PL2853 HEARING CERTIFICATION - AMANDA, BRANDON, LISA AND MORIAH NGUYEN (PUDZ22-0003) PAGE 2 jurisdiction of the City of Brighton. He relayed the proposed PUD is located within the three (3) mile referral areas of Adams County, City of Brighton, City of Fort Lupton and Town of Lochbuie, and per the Adams County and Town of Lochbuie referrals, no concerns were expressed, or comments offered on the proposed development, and no other referrals were returned. Mr. Nader entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. In response to Commissioner Saine, Mr. Nader confirmed the location of the existing house. El Lauren Light, Department of Public Health and Environment, shared the County Attorney's Office has approved the water source as individual wells, and the minimum lot size will be three (3) acres, which meets the requirement of two and one half (2.5) acres for individual wells with septic. She stated a septic report from High Plains Engineering has been submitted, which indicates conventional septic systems will be feasible, and several notes for the plat are recommended related to water, sewer, and dust control during development. II Brandon and Lisa Nguyen, applicants, had no comments. No public testimony was offered concerning this matter. `` The Board reviewed the Conditions of Approval and Development Standards, and no changes or corrections were made. In response to Chair Freeman, the applicants indicated they had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as presented. Commissioner James moved to approve the request of Amanda, Brandon, Lisa, and Moriah Nguyen for Change of Zone, PUDZ22-0003, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for six (6) residential lots with E (Estate) Zone District uses and one (1) non buildable outlot with A (Agricultural) Zone District uses, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval, as amended. The motion was seconded by Commissioner Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 10:25 a.m. 2023-0158 PL2853 HEARING CERTIFICATION - AMANDA, BRANDON, LISA AND MORIAH NGUYEN (PUDZ22-0003) PAGE 3 This Certification was approved on the 8th day of February, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtdrizt) ' ..eGto•t. Weld County Clerk to the Board B eputy Clerk to the Board eman, Chair, Perry L. Bak, Pro-Tem Scott K. James Kevin D. 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