HomeMy WebLinkAbout20190735.tiffHEARING CERTIFICATION
DOCKET NO. 2019-23
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED FINAL PLAN, MINF18-0001,
TO MODIFY CONDITIONALLY APPROVED MINOR SUBDIVISION, S-588 (IVY CREST),
TO REDUCE THE NUMBER OF LOTS FROM FIVE (5) TO THREE (3), ALONG WITH
MODIFYING THE ACCESS INTO THE BOSALITA ESTATES MINOR SUBDIVISION —
JOHN AND KIM PENCE
A public hearing was conducted on February 20, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
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, Chris Gathman
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 January 11, 2019, and duly published
January 16, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of John and Kim Pence, for Site Specific Development Plan and Amended Final Plan,
MINF18-0001, to modify conditionally approved Minor Subdivision, S-588 (Ivy Crest), to reduce
the number of lots from five (5) to three (3), along with modifying the access into the Bosalita
Estates Minor Subdivision. Bob Choate, Assistant County Attorney, made this a matter of record.
IE Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, noting the conditions of the original S-588 Subdivision were not completed and the final
plat had not been recorded. He stated the applicants purchased the property after the 2001
approval, they are currently proposing a three (3) lot subdivision with two (2) accesses, and he
described their locations. He displayed images of the property and compared the proposed
application to the original approval. Mr. Gathman indicated referrals were sent to the Towns of
Platteville, Mead, and Firestone, and one (1) response was received with no concerns. He
explained the history of the property and noted referrals were also sent to the Colorado Division
of Water Resources and the Central Weld County Water District (CWCWD). He explained
Condition of Approval (COA) #1.F addresses a concern of the Division of Water Resources and
COA #1.E addresses fire protection. He described the ditch on the property, provided information
about surrounding property uses, mentioned no correspondence has been received regarding the
application, and entered the favorable recommendation of the Planning Commission into the
record as written. In response to Commissioner Conway, he stated he does not know if the nearby
onion processing facility is operational, clarified information regarding the ditch, and Chair
Kirkmeyer pointed out the ditch easement on the 2001 plat.
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kci Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements and described the existing and proposed accesses. She
referenced Weld County Code Section 24-7-20.A.1 which requires all building sites to have
access to a public internal road system, and mentioned the applicant is requesting this Code
requirement be waived. She provided daily average roundtrip counts and speeds, noted Public
Works is requiring an Improvements Agreement, and explained the site meets a drainage
exception. In response to Commissioner Conway, Ms. Balzano provided the spacing requirement
for the southern access, and in response to Chair Kirkmeyer, she and Mr. Gathman answered
questions about the original access and internal road.
le Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the CWCWD will provide potable water for the subdivision and lots will have
individual septic systems. She stated the Department of Public Health and Environment does not
have any outstanding issues with the request.
Kim Pence, applicant, discussed the accesses and explained she would like the subdivision
to be "simpler and nicer' with three (3) lots, and she does not believe there is enough water for
five (5) lots. In response to Chair Kirkmeyer, she described the ditch, including that it is not
functional, confirmed they have owned the property since 2017, and included she had not seen
anyone use the ditch since then. She also explained, to the best of her knowledge, the onion plant
across the street is not being used for that purpose.
No public testimony was offered concerning this matter.
In response to Commissioner Conway regarding the condition of the ditch, Ms. Pence asked
Mr. Gathman to display the images of the ditch, and reiterated it is not used. In response to
Commissioner Moreno, Ms. Pence stated she has not followed up on COA #1.1, regarding the
bus pull-out. Ms. Balzano provided clarification for Chair Kirkmeyer about the various items
addressed in the Improvements and Road Maintenance Agreement (i.e., bus pull-out, mailbox,
landscape berm, etc.); however, if they are waived, then the Agreement would no longer be
necessary. In response, Chair Kirkmeyer suggested deleting COA#1.B (Improvements and Road
Maintenance Agreement), and the Board agreed. In response to Chair Kirkmeyer,
Mr. Gathman and Mr. Choate explained the Covenants and Homeowners' Association (HOA)
requirements have been waived on similar small PUDs; however, if the Board chooses to retain
the requirement for an internal road, then Section 24-7-20.A.1 would require an HOA or some
sort of agreement amongst the lot owners concerning the maintenance. El Commissioner
Freeman commented the northern Lot A could retain the current access, and Lots B and C could
share an access from County Road (CR) 19, to address the requirement for an internal road.
Commissioners Conway and Moreno agreed. e Chair Kirkmeyer agreed; however, she
clarified the Board does not have the authority to waive requirements. Rather, they can make a
Finding that, "The Board has reviewed the request and determined that technically the easement
ceased to exist when the Minor Subdivision was approved; however, there is a possible
prescriptive easement which the previous owner should have removed, but didn't and just kept
using it. In agreement with the current property owner, the Board is willing to recognize the
prescriptive easement as an existing access onto the County roadway system and allow a new
shared access for the southern Lots B and C, which meets the requirement of an internal road
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system." Chair Kirkmeyer suggested deleting COA #1.C (Covenants), #1.D (bus pull -off), and
#1.E (Homeowners' Association), and the Board agreed. In response to Chair Kirkmeyer,
Ms. Pence confirmed there are three (3) water taps on the property. The Board agreed to delete
COA #1.H (subdivision sign), and after receiving clarification from Mr. Choate on COA #1.I, the
Board decided it should read, "The applicant shall attempt to reach an agreement with the RE -1
School District." The Board agreed to delete COA #1.J (street names and addressing), #1.M (mail
delivery location), #1.O (landscaping/screening for Outlot A), and #1.P.5 (Outlot for screening the
eastern onion processing facility). They added COA #1.P.6 to read, "The lots shall be labeled
Lots 1, 2 and 3." Chair Kirkmeyer also suggested deleting COA #1.Q.10 (access maintenance),
#15 (Weld County personnel access), #16 (HOA establishment), #18 (Stop signs and street name
signs), #20 (Plan reviews), #23 (building permits for agricultural buildings), #24 (screening outdoor
storage), #25 (Geotechnical Report), #26 (construction plans for utilities), #27 (notification
concerning surrounding uses), and #1.R.1 (Grading Permit prior to operation), and the Board
agreed. Ms. Pence requested clarification regarding the second access and the Board decided to
add language to COA #1.P.3 to read, "The shared access shall be between the boundary lines of
Lots 2 and 3."
ki In response to Chair Kirkmeyer, Ms. Pence indicated they have reviewed, and agree to
abide by, the Conditions of Approval and Development Standards, as amended.
IR Mr. Gathman gave clarification of SUP -388, and Esther Gesick, Clerk to the Board, confirmed
the applicant needs to submit a written request to vacate SUP -388.
Commissioner Conway moved to approve the request of John and Kim Pence for a Site
Specific Development Plan and Amended Final Plan, MINF18-0001, to modify conditionally
approved Minor Subdivision, S-588 (Ivy Crest), to reduce the number of lots from five (5) to
three (3), along with modifying the access into the Bosalita Estates Minor Subdivision, based on
the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval as amended, and the Findings as presented by staff and the Planning Commission, as
well as the additional Finding that the existing access for Lot A and a shared access for Lots B
and C addresses the requirement for an internal road. The motion was seconded by
Commissioner Moreno, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:28 a.m.
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This Certification was approved on the 25th day of February, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOI ADO
ATTEST: d.imo,)
;
Weld County Clerk to the Board
BY:
Deputy Cle
to the Board
DASTO
County orney
Date of signature: 312- Ici
Barbara Kirkmeyer, Chair
Mike Freeman, Pro -Tern
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