HomeMy WebLinkAbout20190384.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF18-0007, FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, ONE (1) AGRICULTURAL
OUTLOT AND AN OPEN SPACE EASEMENT - LAWRENCE AND JACQUELYN BEBO
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 30th day of January, 2019, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Lawrence and Jacquelyn
Bebo, P.O. Box W, Berthoud, CO 80513, requesting a Site Specific Development Plan and
Planned Unit Development Final Plan, PUDF18-0007, for nine (9) Residential lots with E (Estate)
Zone Uses, one (1) Agricultural Outlot and an open space easement, for a parcel of land located
on the following described real estate, to -wit:
Lot A of Recorded Exemption, 2AMRECX17-04-
3669, located in part of the E1/2 SE1/4, along with
the NE1/4 SW1/4, and the W1/2 SE1/4 to the north
line of the Little Thompson River, all in Section 19,
Township 4 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by Kent Bruxvoort,
KBC Engineers, 5014 Rose Court, Fort Collins, Colorado 80528, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Department
of Planning Services, and, having been fully informed, finds that this request shall be dismissed
for administrative review.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lawrence and Jacquelyn Bebo for a Site Specific
Development Plan and Planned Unit Development Final Plan, PUDF-18-0007, for nine (9)
Residential lots with E (Estate) Zone Uses, one (1) Agricultural Outlot and an open space
easement, on the above referenced parcel of land be, and hereby is, dismissed for administrative
review.
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2019-0384
PL2469
DISMISS PUD FINAL PLAN, PUDF18-0007 - LAWRENCE AND JACQUELYN BEBO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WAD COUNTY, COLORADO
ATTEST: datife4) .X.. ,jto;t/i
Weld County Clerk to the Board
BY:
Deputy C rk to the oard
APPR VED AS T
ou`nty A ttorney
Date of signature: 7-IZ- 19
Barbara Kirkmeyer,
Mike Freeman, Pro -Tern
teve Moreno
2019-0384
PL2469
MEMORANDUM
TO: Board of County Commissioners
DATE: January 23, 2019
FROM: Chris Gathman'�-y=
SUBJECT: PUDF18-0007 (Spanish Fox Estates)
Case Summary:
The change of zone for Spanish Fox Estates (PUDZ16-0002) was approved by the Board of County
Commissioners on 5/3/2017. The Board approved the PUD as a specific development guide and
designated the Department of Planning Services to review and approve the final plan for Spanish Fox
Estates administratively. However, in the final plan application (PUDF18-0007) that was submitted, the
applicant requesting a revised road section for the internal roads in the PUD. The applicant is requesting a
waiver from the drainage swale requirement delineated in the "Rural Local Paved Typical Section"
delineated in Chapter 24 (Appendix 24-E) of the Weld County Code. As this differs from the requirement
for drainage swales for internal roads in PUDs and was not discussed at the change of zone hearing, staff
scheduled this PUD final plan for review by the Board of County Commissioners. There is currently an
existing paved road on the property.
In addition, the applicant is proposing an open space easement running on the street side of the lots within
the PUD and extending around the existing pond on Tract A. At the 5/3/2017 change of zone hearing, the
PUD was approved with the direction that a minimum of 5% of the site is delineated as common open
space.
Section 27-2-60 of the Weld County Code states: Common open space in the PUD Zone District shall be
owned and maintained in perpetuity by an organization established specifically for such ownership and
maintenance purposes.
Since scheduling this case for a hearing before the Board of County Commissioners, staff (Planning and
Public Works) discussed these issues with the applicant in a meeting and the applicant has agreed to
drainage improvements regarding the internal roads in the PUD that address the requirements/concerns of
Public Works. Additionally, the applicant has agreed to modify the open space so it is delineated as an
open space tract to be owned and maintained by the Homeowner's Association.
Staff Recommendation:
As a result of these discussions — staff considers that the applicant has addressed the
concerns/requirements of the Planning Services and Public Works regarding the road cross-section and
common open. Staff is acceptable with proceeding administratively. Staff is, however, willing to proceed
with the scheduled hearing before the Board of County Commissioners should the Board decide that they
would like to hear the case.
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