HomeMy WebLinkAbout20190769.tiffHEARING CERTIFICATION
DOCKET NO. 2019-18
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN, PUDF18-0008, ALLOWING SECOND HOMES ON THE SEVEN (7) RESIDENTIAL
LOTS AND REMOVING SEPTIC ENVELOPES AND THE EXPANSION OF THE
BUILDING ENVELOPES ON LOTS 2, 3, 5, 6, AND 7 - COLSON, INC., C/O MARK
BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS)
A public hearing was conducted on February 27, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair - EXCUSED
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated February 5, 2019, and duly published
February 8, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of Colson, Inc., c/o Mark Bowman (authorized representative for 7 lots), for a Site Specific
Development Plan and Planned Unit Development Final Plan, PUDF18-0008, allowing second
homes on the seven (7) residential lots and removing septic envelopes and the expansion of the
building envelopes on Lots 2, 3, 5, 6, and 7. Bob Choate, Assistant County Attorney, made this
a matter of record.
Chair Pro -Tern Freeman 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 Chair
Kirkmeyer excused.
a Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and explained a Planning Commission hearing was not required for the case, described the
zoning of the subdivision, and gave an overview of the land use case history. He noted there was
no correspondence received from any surrounding property owners (SPO), and referrals were
sent out to 18 agencies. The property is within the three (3) mile referral areas of the Towns of
Erie, Dacono, and Frederick, Boulder County, and the City and County of Broomfield. Mr. Hall
displayed images of the property, explained its location, and described surrounding subdivisions
and zoning. He stated the property is located within the Geological Hazard Overlay District, is
undermined by the Morrison and Clayton coal mines, and displayed diagrams of the mines. He
noted the referral from the Colorado Geological Survey (CGS) dated May 16, 2018, discouraged
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2019-0769
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HEARING CERTIFICATION - COLSON, INC., C/O MARK BOWMAN (AUTHORIZED
REPRESENTATIVE FOR 7 LOTS) (PUDF18-0008)
PAGE 2
development in geological hazard areas and elaborated on their referral response. He went on to
explain some of the notes on plat map, PF-543, and indicated the recommendation for a
geotechnical engineer review was developed jointly by several Weld County departments. He
displayed images of the layout of the subdivision, including the draft plat of the amended PUDF,
and the original building envelopes and the proposed expansions. He stated it is the opinion of
the Department of Planning Services that the applicant has shown compliance with the PUDF
application requirements and PUD Conceptual Guide, the proposed amended PUDF conforms
with the PUD Performance Standards, and the geological hazards can be successfully mitigated
by the geotechnical engineer review. He displayed additional images of the property.
Hayley Balzano, Department of Public Works, explained the existing accesses are not
proposed to be changed. She stated there is an existing Improvements Agreement for the
PUD, and Public Works is requesting a letter from the drainage engineer to clarify which lots the
original drainage letter applied to.
El Lauren Light, Department of Public Health and Environment, stated the Left Hand Water
District will provide water to the subdivision, and there will be septic systems for sewer. She noted
the Department of Public Health and Environment suggested three plat notes that relate to water
and septic, and the department does not have any outstanding issues.
Mark Bowman, applicant, displayed a PowerPoint presentation and provided an overview of
his proposal, including background information, engineer reports, letters, multiple images, and
documentation from the CGS stating their concerns of subsidence with regard to the expansion
of building envelopes on Lots 2, 3, 5, 6, and 7.
Harold Hollingsworth, Professional Engineer and Geotechnical Engineer, stated he
completed the geotechnical investigations for five (5) residences in the subdivision and explained
the system he uses for geotechnical reports. He stated it is his professional opinion that there was
no reason to restrict excavation depth with respect to subsidence, and there is no danger of
collapse on any of the five (5) residences. In response to Commissioner Conway, Mr.
Hollingsworth stated the excavation depth for the home would have to get within ten (10) feet of
the roof of the mine to raise concern, and in this case, it does not come close.
ID John and Theresa Brooks, surrounding property owners of Lot 4, expressed concern with
the location of the proposed building envelope on Lot 3, and requested the boundary be "pulled
back' 30 feet. In response to Commissioner Conway, Mrs. Brooks clarified the spacing of Lot 3 in
relation to their lot.
El Barbara Nelson, SPO, asked if the approval of the PUDF will allow for additional structures.
Mr. Hall clarified the ability to have an additional dwelling unit was approved by the Board with
2019-0769
PL2591
HEARING CERTIFICATION - COLSON, INC., CIO MARK BOWMAN (AUTHORIZED
REPRESENTATIVE FOR 7 LOTS) (PUDF18-0008)
PAGE 3
PUDZ18-0001, and explained the barn on Lot 5 Ms. Nelson is referring to is considered an
outbuilding, not a dwelling unit.
After much discussion between Mr. Bowman, the Board, Mr. Choate, Mr. Hall, and Jose
Gonzalez, Assistant Building Official for Weld County, the language was decided for Condition of
Approval (COA) #1.E.20, regarding geotechnical recommendations.
El Mr. Bowman requested the Board release the building permit for Lots 2 and 5. In response
to Chair Pro-Tem Freeman, Tom Parko, Planning Director for Weld County, stated the Planning
Department would work with the applicant to get the permits released if the Board approved the
application.
The Board discussed the request by the Brooks' for a 30 -foot buffer on Lot 3, and decided
on language for COA #1.D.10 to address a buffer.
Chair Pro-Tem Freeman opened the hearing to public input regarding the changes made to
the COAs. No public input was offered.
In response to Chair Pro-Tem Freeman, Mr. Bowman indicated he reviewed, and agreed to
abide by, the Conditions of Approval, as amended.
Commissioner Moreno moved to approve the request of Colson Inc., c/o Mark Bowman, for
a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF18-0008,
allowing second homes on the seven (7) residential lots and removing septic envelopes and the
expansion of the building envelopes on Lots 2, 3, 5, 6, and 7, based on the recommendations of
Planning Staff, with the Conditions of Approval as amended. The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:54 a.m.
2019-0769
PL2591
HEARING CERTIFICATION - COLSON, INC., C/O MARK BOWMAN (AUTHORIZED
REPRESENTATIVE FOR 7 LOTS) (PUDF18-0008)
PAGE 4
This Certification was approved on the 6th day of March, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiL);iik. EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:�
Deputy Clerk the Board
APP' • V : D AS TO F
Att. rney
Date of signature: 1-{/2/loi
Mike Freeman,
Pro-Tem
Steve Moreno
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PL2591
ATTENDANCE LIST
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