HomeMy WebLinkAbout20190465.tiffHEARING CERTIFICATION
DOCKET NO. 2019-15
RE: CHANGE OF ZONE, PUDZ18-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, FOR SIXTEEN (16)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES ALONG WITH
COMMON OPEN SPACE (LONESTAR ESTATES PUD) - JOE AND LORI STRICKLIN
A public hearing was conducted on February 6, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair - EXCUSED
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman covering for
Diana Aungst
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 13, 2018, and duly published
December 18, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of Joe and Lori Stricklin, for a Change of Zone, PUDZ18-0003, from the A (Agricultural)
Zone District to the PUD (Planned Unit Development) Zone District, for sixteen (16) residential
lots with E (Estate) Zone District Uses along with common open space (Lonestar Estates PUD).
Bob Choate, Assistant County Attorney, made this a matter of record.
IR Chair Pro -Tern Freeman instructed the applicant and reviewed for the public, with two (2) of
the five (5) commissioners being excused, the vote must be unanimous for the case to be
approved.
Chris Gathman, covering for Diana Aungst, Department of Planning Services, presented a
brief summary of the proposal and stated 16 referrals were sent out, and 11 did not respond or
indicated no concerns. He explained the site is south of and adjacent to State Highway (HWY)
392, and east of and adjacent to County Road (CR) 27, and the applicant is proposing a 16 -lot
PUD on 59 acres with 9.99 acres of open space. He noted the property is on Lot B, and a portion
of Lot A, of Recorded Exemption, RECX16-0035, and since the Planning Commission hearing
the applicant has submitted an Amended Recorded Exemption resulting in a new legal
description, reflected in the draft resolution. He stated the project is considered Urban Scale due
to it being in the Cooperative Planning Agreement areas for the Towns of Windsor and Severance,
and has more than nine (9) lots. The property is within the three (3) mile referral area of the Towns
of Windsor and Severance, and the City of Greeley and all three (3) municipalities indicated they
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have no concerns or comments in regards to the application. Mr. Gathman entered the favorable
recommendation of the Planning Commission into the record as written, and showed images of
the site.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, explained the existing paved CR 27 is west of this site,
and mentioned some of the County mapping platforms refer to this as CR 25.75. She described
it as a local paved road, provided average traffic counts, speeds, intersection locations, and
descriptions. She stated the applicant is requesting the Board waive Condition of
Approval (COA) #1.E.5 giving them the ability to show CR 27 as a section line right-of-way (ROW)
on the plat, versus an arterial section line ROW. Ms. Balzano stated Public Works will require an
Improvements Agreement, presented the drainage requirements and explained the applicant has
indicated they are working with the ditch company regarding drainage flow. She noted the PUD
will have a paved interior roadway and described the pavement and roadway requirements. In
response to Chair Pro -Tern Freeman, Ms. Balzano clarified the designation of CR 27.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the North Weld County Water District will provide water to the site, and that
source has been approved by the County Attorney's Office. She explained the soils report
indicated conventional septic systems may be adequate for the site and stated there will be notes
on the plat related to the septic, water, and dust.
Mr. Stricklin stated he has lived on the property for 12 years and has been unsuccessful at
farming the land. He further explained the ground is hard, irrigation is cost prohibitive, and he
believes the PUD is the best use for the property.
Jeff Podtburg, surrounding property owner (SPO), and owner of Podtburg and Sons Dairy
described the location of his dairy and stated it had been there for 35 years. He indicated he had
concerns about the proposed use, describing the difficulties it will create taking care of his
animals, due increased traffic, which may prohibit him from getting deliveries of animal feed and
getting milk trucks in and out. Mr. Podtburg explained the area is in an agriculturally zoned area
and noted the proposed site did not have irrigation on it when it was purchased by the applicant.
In response to Chair Pro -Tern Freeman, Mr. Podtburg showed the location of his dairy on the map
in relation to the site, and in response to Commissioner Moreno, Mr. Podtburg indicated he had
not had a conversation with the applicant about the proposed use. When asked by
Commissioner James, he stated the increased traffic generated by the proposed use will limit and
restrict his ability to do business.
Beau Hastings, SPO, stated he lives south of the site, and asked that the Board not reduce
the ROW for the CR 27 correction that is on the east edge of the site. He explained the traffic on
CR 27 and HWY 392 is horrible, and gave examples of the current traffic situation. Mr. Hastings
also asked the Board to uphold the Right to Farm for SPOs. In response to Commissioner Moreno,
he showed where his property is located on the map and said he has lived there for five (5) years.
Mr. Stricklin showed where he lives and stated he does not want condensed housing in the
area and he believes large lots will help keep the feel of an agricultural area and reiterated he
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feels this is the best use of property. In response to Commissioner Moreno, he stated he had met
with some neighbors but he had not spoken to the owners of the dairy. He noted the SPOs across
the street have offered to write letters in support of the proposed use.
• Ms. Balzano clarified for Commissioner James the alignment classification request of CR 27
as aforementioned. Chair Pro-Tem Freeman further clarified the classification process and the
corresponding future ROW. Mr. Choate informed the Board there is a plat required with the final
plan, therefore, there will be an opportunity to consider the request of the applicant at that time.
• After some discussion, the Board agreed to waive the minimum lot size in criteria
paragraph #2.B.1, and in response to Commissioner James regarding COA #1.D, the applicant
confirmed he is working on an agreement with the ditch company. After discussion, the Board
agreed to delete COA #2.E.5.
ta Chair Pro-Tem Freeman reiterated to Mr. Podtburg he is only responsible for the COAs and
Development Standards (DS) of his USR.
la In response to Chair Pro-Tem Freeman, Mr. Stricklin indicated he has reviewed, and agrees
to abide by, the Conditions of Approval, as amended.
IR Commissioner Moreno moved to approve the request of Joe and Lori Stricklin for a Change
of Zone, PUDZ18-0003, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District, for sixteen (16) residential lots with E (Estate) Zone District Uses
along with common open space (Lonestar Estates PUD), based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval as entered into the
record. The motion was seconded by Commissioner James. Commissioner Moreno encouraged
the applicant to have a conversation with Mr. Podtburg and thanked the SPOs who spoke today.
Mr. Choate asked for clarification on the findings of the Board, in regard to approval of the final
plan, and after discussion it was decided the final plan can be approved administratively by
Planning Staff. Commissioner James reiterated Commissioner Moreno's comments about being
a good neighbor and having a conversation with SPOs. In response to Ms. Balzano, Mr. Choate
confirmed the possibility of future arterial ROW and if the final plan is administratively approved it
is not a concern of the Board. The motion carried unanimously and there being no further
discussion, the hearing was completed at 10:38 a.m.
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This Certification was approved on the 11th day of February, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:Q ,►s1...
DeputyCto the Board
EXCUSED
Barbara Kirkmeyer, Chair
Mike
reeman, Pro -Tern
Date of signature: 2:21-19
Steve Moreno
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