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HomeMy WebLinkAbout20211252.tiffHEARING CERTIFICATION DOCKET NO. 2021-33 RE: AMENDED PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001, OF CORRECTED LAKOTA LAKES (PZ-594) TO ALLOW ONE (1) SECOND SINGLE FAMILY DWELLING UNIT PER LOT IN THE PLANNED UNIT DEVELOPMENT - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL A public hearing was conducted on May 12, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Pro-Tem Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine — EXCUSED Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Planning Services Department representative, Diana Aungst Public Works Department representative, Zackery Roberson Health Department representative, Lauren Light The following business was transacted: IR I hereby certify that pursuant to a notice dated March 24, 2021, and duly published March 26, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request of the Landowners of Lakota Lakes Ranch PUD, c/o Jamie McGill, to Amend Planned Unit Development Change of Zone, PUDZ21-0001, of Corrected Lakota Lakes (PZ-594) to allow one (1) Second Single Family Dwelling Unit per lot in the Planned Unit Development. Karin McDougal, Assistant County Attorney, made this a matter of record. El Chair Moreno reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Saine being excused. Diana Aungst, Department of Planning Services, presented a brief summary of the proposal, described the location of the site, stated 18 referrals were sent out, 11 referrals were returned with no concerns or provided comments to be addressed in the Conditions of Approval (COA), and seven (7) did not respond. Ms. Aungst relayed the Lakota Lakes Subdivision is zoned Planned Unit Development (PUD) with E (Estate) Zone Uses, per case PZ-594, recorded May 19, 2004, at Reception No. 3181487, and the Corrected Final Plat, PF-594, was recorded August 30, 2005, at Reception No. 3317927. She referenced Section 27-2-40 (Bulk Requirements) which provides an exception that four (4) animal units shall be allowed on each residential lot, and Section 27-2-200 (Uses) of the Weld County Code allows a Second Single Family Dwelling on each residential lot. Ms. Aungst stated the PUD's seven (7) residential lots are served by the Little Thompson Water District, whose guidelines state a size limit of 1,000 square feet; however, a GG: PLCOA/TPA, Pc - zR), 2.Hct.t.) O8IO51b'l 2021-1252 PL1677 HEARING CERTIFICATION - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL (PUDZ21-0001) PAGE 2 variance may be applied for if the dwellings are larger than their limit. She relayed the Department of Planning Services sent notices to 13 surrounding property owners (SPOs) with no replies received. Ms. Aungst explained the PUD is located within the three (3) mile referral area of the Towns of Johnstown, Milliken and Windsor, the City of Greeley, and Larimer County. She noted the Towns of Johnstown and Windsor responded on February 11, 2021, and February 9, 2021, respectively, both indicated no concerns, and no other referrals were received. She also stated the PUD is located within the Coordinated Planning Agreement of the Towns of Windsor, Johnstown, and Milliken, who returned Notice of Inquiries dated August 17, 2020, and each expressed no interest in annexation. Ms. Aungst entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views, explaining since the site is located next to a railroad, it is in an Opportunity Zone. Zackery Roberson, Department of Public Works (PW), provided a brief overview of the transportation plans and requirements, described the location of the access and the additional access to Lot 1, Permit #AP -1400094, and explained PW does not request any changes to this access, at this time. He relayed County Road (CR) 54, commonly known as Freedom Parkway, currently has a right-of-way of 140 feet, and the current traffic count is 5,600 vehicle trips per day, with 11% trucks and the 85th percentile speed of 56 MPH. Mr. Roberson stated if more than one (1) acre of land is disturbed, a grading permit will be required, and he noted PW requests removal of Conditions of Approval (COA) #1.C (Access), #1.D.7 (Drainage), and adding a new #1.E.31 stating: "The property owner shall comply with Chapter 8, Article XIV - Road Access Policy of the Weld County Code and Amended Weld County Code." Lauren Light, Department of Public Health and Environment (EH), reiterated the PUD is served by the Little Thompson Water District, and sanitation will be addressed when permits are pulled for the second dwellings. Ms. Light relayed EH has four (4) notes to be added to the plat related to water and septic. Jamie McGill, applicant representative, in response to Commissioner James, regarding her letter dated April 20, 2021 (Planning Commission Exhibit #1), Ms. McGill relayed PW is continuing to work on this issue; however, access is no longer a problem due to improvements along the Freedom Parkway, but there could be a potential issue with the installation of the bridge on CR 54. Commissioner Freeman elaborated the changes will come up in the future, due to the Freedom Parkway and the bridge construction on CR 54, which is why PW has requested removal of COA #1.C and #1.D.7. Dawn Anderson, PW, explained the bridge construction project and how it may impact the access in the future. She added PW will continue to work with the applicant as construction of the bridge progresses to ensure safety. In response to Chair Moreno, Ms. Anderson, elaborated on the Access Control Plan, which has been adopted and approved, and states the individual accesses may be closed, but that does not affect the case today. In response to Commissioner James, Ms. McGill explained she is representing the seven (7) lot owners within the PUD and confirmed a variance from the Little Thompson Water District has been approved for the lot that is larger than the 1,000 square -foot limit. In response to Chair Moreno, Ms. McGill indicated she had reviewed, and agreed to abide by, the Conditions of Approval, and requested no other changes. 2021-1252 PL1677 HEARING CERTIFICATION - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL (PUDZ21-0001) PAGE 3 No public testimony was offered concerning this matter. The Board discussed the changes requested by staff and agreed to staff's recommended changes. Commissioner Buck moved to approve the request of the Landowners of Lakota Lakes Ranch PUD, c/o Jamie McGill, to amend Planned Unit Development Change of Zone, PUDZ21-0001, of Corrected Lakota Lakes (PZ-594) to allow one (1) Second Single Family Dwelling Unit per lot in the Planned Unit Development, based on the recommendations of Planning staff and the Planning Commission, 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 12:01 a.m. This Certification was approved on the 17th day of May, 2021. 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