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HomeMy WebLinkAbout20220589.tiffHEARING CERTIFICATION DOCKET NO. 2022-15 RE: CHANGE OF ZONE, COZ21-0008, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE E (ESTATE) ZONE DISTRICT — GEORGE ZADEL A public hearing was conducted on February 23, 2022, at 10:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Department of Planning Services representative, Michael Hall Department of Public Health and Environment representative, Lauren Light The following business was transacted: Iii I hereby certify that pursuant to a notice dated January 12, 2022, and duly published January 14, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of George Zadel, for a Change of Zone, COZ21-0008, from the A (Agricultural) Zone District to the E (Estate) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. Michael Hall, Department of Planning Services, presented a brief summary of the proposal and described this second step in the Zadel Minor Subdivision, a non -urban scale development of five (5) residential lots, on approximately 24 acres of land. He relayed the application has satisfied the Minor Subdivision Sketch Plan process, MINK20-0002, as the first step of this hearing, and the Final Plan, MINF21-0001, is the third step of the process, which will involve a separate hearing. Mr. Hall stated the existing, and proposed uses on the property are consistent with the E (Estate) Zone District, there is one (1) residence and associated outbuildings located in the southwest portion of the site, and USR-951, recorded February 12, 1992, for an excavating contractor and shop is located on the subject parcel and shall be vacated as a Condition of Approval (COA). He relayed the Development Review Engineer's comments, stated the applicant has proposed a development intersection connecting to a proposed internal roadway accessing onto County Road (CR) 38; however, this location does not meet the minimum spacing criteria. Mr. Hall stated the applicant has applied for a variance, and the developers have reviewed the request and support the variance contingent upon approval of this application. He relayed CR 38 is a paved, collector road which requires 80 feet of road right-of-way, and is considered to have adequate, functional, and structural capacity to meet the truck requirements of the proposed zone and subdivision. Mr. Hall described the sign posting, identified the location of the site on the displayed map, and pointed out surrounding municipalities and USRs. He explained the surrounding lands and their zone designations, and noted the site is located within an Opportunity Zone, and the property owner has identified the potential of a small, viable subdivision at this cc :PL(TP/NH) 2022-0589 3/30/22 PL0848 HEARING CERTIFICATION - GEORGE ZADEL (COZ21-0008) PAGE 2 location. He stated the site would be supported by adequate access, utilities and services and is not in an area where annexation would be encouraged. He displayed the location of the single-family residence, located in the southwest corner along with other outbuildings, and stated one existing access serves the residence. He explained any other accesses will be closed and all internal lots will access from the internal subdivision roadway, which will be platted as part of the pending Minor Subdivision Final Plan, and the existing USR will be vacated as a COA. Mr. Hall displayed the draft Change of Zone Plat Map, and relayed 11 surrounding property owners were noticed and no responses were received. Mr. Hall explained the site is within the Towns of Johnstown, Milliken and Platteville Coordinated Planning Agreement (CPA) boundaries, and each municipality returned Notice of Inquiry forms with no concerns and no annexation interests. Mr. Hall entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. Lauren Light, Department of Public Health and Environment, stated the site is served by the Little Thompson Water District, has an on -site wastewater treatment system permitted for two (2) bedrooms, several notes are suggested to appear on the plat that relate to water and septic, and staff has no other items for this request. Andrew Baker, Baseline Engineering, represented the applicant and was available for any questions. No public testimony was offered concerning this matter. The Board reviewed the COA as presented, and no changes were made. In response to Chair James, Mr. Baker, on behalf of the applicant, indicated they have reviewed, and agreed to abide by, the Conditions of Approval, as presented. Commissioner Freeman moved to approve the request of George Zadel for a Change of Zone, COZ21-0008, from the A (Agricultural) Zone District to the E (Estate) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval, as presented. The motion was seconded by Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 10:13 a.m. 2022-0589 PL0848 HEARING CERTIFICATION - GEORGE ZADEL (COZ21-0008) PAGE 3 This Certification was approved on the 9th day of March, 2022. BOARD OF COUNTY COMMISSIONERS WELD OUNTY OLORADO ATTEST: & A S of . James, Chair Weld County Clerk to the Board Mike Freeman, Pro -Tern EXCUSED DATE OF APPROVAL Perry L. Buck 2022-0589 PL0848 ATTENDANCE LIST Z -23- ZZ NAME . 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