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Home My WebLink About20220037.tiffHEARING CERTIFICATION DOCKET NO. 2022-14 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF21-0001, TO MODIFY THE CONDITIONALLY APPROVED PUD (S-249) WITH R-1 (LOW -DENSITY RESIDENTIAL) USES TO PUD WITH R-1 (LOW -DENSITY RESIDENTIAL) AND A (AGRICULTURAL) USES ALLOWED AS A USE BY RIGHT, ACCESSORY USE, AND USES ALLOWED BY PERMIT IN SUBDIVISIONS AND HISTORIC TOWNSITES - LOT OWNERS 1 TO 23 OF MARTIN BROTHERS PUD A public hearing was conducted on January 5, 2022, at 10:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro -Tern Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated December 17, 2022, and duly published December 19, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of Lot Owners 1 to 23 of Martin Brothers PUD, for a Site Specific Development Plan and 2nd Amended Planned Unit Development Final Plan, PUDF21-0001, to modify the conditionally approved PUD (S-249) with R-1 (Low -Density Residential) Uses to PUD with R-1 (Low -Density Residential) and A (Agricultural) Uses allowed as a Use by Right, Accessory Use, and Uses allowed by permit in subdivisions and historic townsites. Bob Choate, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and reviewed the case history of the PUD. Mr. Ogle described the location of the subdivision, and stated the PUD is located within the three (3) mile referral area of the City of Fort Lupton and Town of Hudson. He shared the request is to confirm the uses within the development, specifically the number of horses on a property. Mr. Ogle relayed Planning Staff identified three zoning violations: CCV20-00205 for excessive number of animals and a commercial vehicle on the property, and the property owner has complied with removal of the animals and commercial vehicle and the violation is closed; CCV20-00242, for the number of animal units, this case is currently open as the property owner has three (3) horses onsite; and CCV20-00241 for too many cargo containers and horses, this is an open violation. Mr. Ogle stated the proposed amendment will modify the uses within the PUD to allow for less intensive uses allowed in the A (Agricultural) Zone District. He described surrounding USRs, residential subdivisions, and surrounding CC :QI.(T?/Ko), EH(u-), 2022-0037 PL0936 3/S6/22 HEARING CERTIFICATION -- LOT OWNERS 1 TO 23 OF MARTIN BROTHERS PUD (PUDF21-0001) PAGE 2 residential structures on Recorded Exemption lots with animal units and cargo containers. Mr. Ogle explained, upon approval, the amendment will enable property owners to address current violations, including the number of animal units, commercial vehicles and storage containers, and it would allow greater flexibility in the use of the land. He stated the necessary fire protection, roads, water infrastructure and drainage easements are already in place to serve the PUD, rights -of -way and roads to access easements are already in place, and no other on -site or off -site improvements are required to accommodate the requested amendment. He further stated the PUD Final Plan Uses are compatible and conform with the PUD Zone Conceptual Development Guide, and expansion of Uses of the PUD will not affect the Development Guide or the original Final Plan Application. Mr. Ogle described the requested, selected Uses Allowed by Right, Uses Allowed by Permit, and relayed 17 referral agencies were notified, several offered comments, and Conditions of Approval are included, if approved. He noted no correspondence or other communication regarding the application was received. Mr. Ogle 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 James, Mr. Ogle confirmed there is no common property, and updated Covenants have been requested. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated individual wells provide water and individual septic systems provide sewer. She suggested three plat notes that address water and septic, and confirmed there are no other issues with the request. William Buxton and Mark Brandt, representatives of the property owners, confirmed they are not planning on developing a Homeowner's Association (HOA). No public testimony was offered concerning this matter. Commissioner Moreno proposed a modification of COA #1.A (requirements of the State of Colorado Division of Water Resources) to state: "The applicant shall attempt to address the requirements..." The Board agreed to the aforementioned change. .. = No public testimony was offered regarding changes made to the Conditions of Approval. El In response to Chair James, Mr. Buxton, on behalf of the applicants, indicated they have reviewed the Conditions of Approval and requested removal of COA #1.E.3 (Homeowner's Association) and deleting the first sentence from COA #1.E.4 (screening of personal outdoor storage). The Board agreed to these changes and the applicants then agreed to abide by the Conditions of Approval, as amended. No public testimony was offered concerning the requested amendments. Commissioner Saine moved to approve the request of Lot Owners 1 to 23 of Martin Brothers PUD for a Site Specific Development Plan and 2nd Amended Planned Unit Development Final Plan, PUDF21-0001, to modify the conditionally approved PUD (S-249) with R-1 (Low -Density 2022-0037 PL0936 HEARING CERTIFICATION - LOT OWNERS 1 TO 23 OF MARTIN BROTHERS PUD (PUDF21-0001) PAGE 3 Residential) Uses to PUD with R-1 (Low -Density Residential) and A (Agricultural) Uses allowed as a Use by Right, Accessory Use, and Uses allowed by permit in subdivisions and historic townsites, based on the recommendations of Planning staff, with the Conditions of Approval, as amended. The motion was seconded by Commissioner Freeman, and it carried unanimously. There being no further discussion, the hearing was completed at 10:50 a.m. This Certification was approved on the 19th day of January, 2022. BOARD OF COUNTY COMMISSIONERS �,�,/ WEL COUNTY, COLORADO ATTEST: aC11O,'� Sc tt K. 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