HomeMy WebLinkAbout20232369.tiffHEARING CERTIFICATION
DOCKET NO. 2023-56
RE: RESUBDIVISION, RES23-0001, OF LOT 11 IN ENCHANTED HILLS SUBDIVISION,
RESULTING IN THREE (3) LOTS - STEVE MAAS
A public hearing was conducted on August 16, 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, Jess Reid
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Maxwell Nader
Department of Public Health and Environment representative, Lauren Light
Development Review representative, Melissa King
The following business was transacted:
ti I hereby certify that pursuant to a notice dated August 2, 2023, and duly published August 4,
2023, in the Greeley Tribune, a public hearing was conducted to consider the request of
Steve Maas, for Resubdivision, RES23-0001, of Lot 11 in Enchanted Hills Subdivision, resulting
in three (3) lots. Karin McDougal, Assistant County Attorney, made this a matter of record.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
which is to add two (2) additional lots (Lots 1 and 2), each approximately one (1) acre in size. He
explained Lot 3 has an existing residence that is served by the Central Weld County Water District
and a septic system, and Lots 1 and 2 will be served by the same. He stated one (1) of the
proposed lots does not have access to publicly maintained rights -of -way, noted the site is within
the three (3) mile referral area of the Towns of Frederick and Firestone, and mentioned five (5)
letters were received regarding the application, four (4) of which expressed concerns, including
the size of the proposed lots, decreased property value, and a negative impact to the agricultural
character of the neighborhood. Mr. Nader cited the Code criteria that the application does not
meet, including Section 24-3-20.A.1 (access to an internal roadway), Section 24-3-50 (lot size
standards) and Section 22-2-10.C (harmonize development with surrounding land uses), and
displayed images of the site and surrounding views.
Lauren Light, Department of Public Health and Environment, reiterated the water and sewer
provisions, as previously stated by Mr. Nader.
ti Steve Maas, applicant, presented photos (Exhibit D) of homes in the Enchanted Hills
Subdivision, asserted that the driveways off of County Road (CR) 15 (Frontier Street) are
only 15 to 20 feet wide, and requested an exception to Code by allowing him to share a 30 -foot
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2023-2369
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HEARING CERTIFICATION - STEVE MAAS (RES23-0001)
PAGE 2
driveway for two (2) lots. He stated his neighbor to the south split his land in 2019, which gave
Mr. Maas the idea to split his land, as part of his retirement plan.
Aaron Schott, surrounding property owner (SPO), stated he purchased his property two (2)
years ago for the purpose of a rural location, distanced from other homes, and expressed
opposition to the application.
Jack Shotts, Jr., SPO, stated he is supportive of property owner's rights but is opposed to the
application, due to the density it will create.
El Mr. Maas addressed public comment, stated he is a good neighbor who contributes to his
community, and asserted, by attempting to split the lot, he is just doing what he is allowed to do.
In response to Commissioner James, Mr. Nader further explained, the proposal is for Lot 2
to access CR 15 via an access easement in a "flagpole" that extends to CR 15 along the western
portion of proposed Lot 1. He further confirmed for Chair Freeman that the flagpole provides direct
frontage to CR 15, for Lot 1. Responding to Commissioner Saine, Mr. Nader reiterated the Code
criteria on which the staff denial was based and confirmed, if the request was for one (1) additional
lot, with direct frontage to CR 15, the application would have been approved administratively. In
response to Commissioner James, Mr. Maas reiterated his request for an exception to Code and
asserted he started this process a long time ago, but the process has been lengthy. Responding
to Chair Freeman, Mr. Nader confirmed the Code has not changed since the initial application
was submitted and responding to Commissioner James, Mr. Nader stated direct access is
required, in part, for the access of emergency vehicles.
Melissa King, Development Review, explained the 30 -foot, per lot, requirement is for access
and utilities.
Commissioner Ross initially made a motion to deny the application, citing Sections 24-9-10.C
and 22-2-10.C, and the motion was seconded by Commissioner Buck. Mr. Maas then suggested
proposing only one (1) additional lot and Mr. Nader confirmed that would meet the intensity of the
subdivision and the requirement for direct frontage to CR 15. Chair Freeman suggested the Board
refer the application back to staff, thus Commissioners Ross and Buck withdrew their motions,
and Chair Freeman explained to Mr. Maas the process of referring the application back staff and
clarified only one (1) additional lot would be considered.
Commissioner James moved to refer the request for Resubdivision, RES23-0001, of Lot 11
in Enchanted Hills Subdivision, back to staff, to allow the applicant to amend his application and
work with staff on approval. The motion was seconded by Commissioner Saine, and it carried
unanimously. There being no further discussion, the hearing was completed at 12:27 p.m.
2023-2369
PL2883
HEARING CERTIFICATION - STEVE MAAS (RES23-0001)
PAGE 3
This Certification was approved on the 30th day of August, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W4O,4) ,,,d0 ok
Weld County Clerk to the Board
BY: '
epufy Clerk to the Board
1-0-LI_Rii____
Mieman, Chair
ro-Tem
K. James
Kevin D. Ross
,O4;:b. 257,4,,A.
Lori Saine
2023-2369
PL2883
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