HomeMy WebLinkAbout20183032.tiffHEARING CERTIFICATION
DOCKET NO. 2018-105
RE: AN AMENDED PUD CHANGE OF ZONE, PUDZ18-0001, FOR LONGS PEAK ESTATES
(Z-543), TO ALLOW TWO HOMES PER LOT IN THE PUD AND REMOVE SEPTIC
ENVELOPES - COLSON, INC., C/O MARK BOWMAN (AUTHORIZED
REPRESENTATIVE FOR 7 LOTS)
A public hearing was conducted on October 24, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
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 August 13, 2018, and duly published
August 16, 2018, 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 an Amended Planned
Unit Development Change of Zone, PUDZ18-0001, for Longs Peak Estates (Z-543), to allow two
homes per lot in the PUD and remove septic envelopes. Frank Haug, Assistant County Attorney,
made this a matter of record.
el Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and stated the applicant is requesting the Change of Zone to allow two (2) residences per lot and
to remove the septic envelopes. He indicated Longs Peak Estates is zoned Planned Unit
Development (PUD)with E (Estate) Zone District uses, which does not permit second or
accessory homes. He mentioned there are existing septic envelopes on the seven (7) residential
lots. He stated an amended final plat will be required after the proposed COZ plat is recorded. He
indicated the applicant has obtained authorization from the owners of Lots 1, 2, 4 and 5 to act on
their behalf and mentioned Colson, Inc., still maintains ownership of Lots 3, 6, 7 and the two (2)
outlots. Mr. Hall stated notice was sent to 25 surrounding property owners (SPO) and five (5)
letters were returned in opposition. He explained four (4) of the letters of opposition were from
SPOs within 500 feet of the subject PUD and one (1) letter was received from outside the notice
area. He explained the concerns in the opposition letters and indicated three (3) SPOs spoke at
the Planning Commission hearing. Mr. Hall stated because of the size of the split lots, there will
still be ample natural landscape areas in the PUD. He indicated 16 referrals were sent out and
ten (10) were returned with no concerns or with comments or concerns which are addressed in
the Conditions of Approval (COA) and Development Standards (DS). He mentioned the site is
within the three (3) mile referral area of the Towns of Erie, Dacono, and Frederick, and Boulder
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HEARING CERTIFICATION - COLSON INC., C/O MARK BOWMAN (AUTHORIZED
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and Broomfield Counties. He provided images of the site and surrounding views, reviewed the
surrounding USR uses, and stated the site is located within the Geological Hazard Area. He
indicated the Colorado Geological Survey stated the proposed site is underlined by the Morison
and Clayton shallow coal mines, therefore, Geologic Hazard Development Permits will be
required for Lots 3 through 7, which is consistent with the approved final plat. Mr. Hall stated there
are 13 properties immediately adjacent to the site, ten (10) of which have residences on them. He
reviewed Conditions of Approval and Development Standards that correspond to returned
referrals, entered the favorable recommendation of the Planning Commission into the record as
written and provided additional images. In response to Commissioner Kirkmeyer, Mr. Hall clarified
his knowledge of the septic envelopes included in the initial PUDZ application.
• Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated access for the site is from internal PUD roads
that were platted with the Longs Peak Estate Plat which the applicant is proposing to change. She
mentioned corresponding Conditions of Approval and Development Standards and presented the
drainage and grading requirements.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and in response to Commissioner Kirkmeyer's previous question, indicated she was
unsure why septic envelopes were put on the site. She explained the Left Hand Water District
(LHWD) provides water to the site. She stated when reviewed, two (2) of the lots already had soil
evaluations completed which showed clay and sandy loam soils. Ms. Light stated the lot size
allows for two (2) homes and two (2) septic systems on each lot. She indicated COAs #1.D.10-12
address Environmental Health items and in response to Commissioner Cozad, Ms. Light clarified
although the applicant is proposing one (1) septic system for two (2) houses, the lot sizes allow
for two (2) septic systems.
12 Mark Bowman, Attorney, represented the applicant and explained the previous owner began
the plot process, in 2001. He indicated he partnered with the previous owner, in 2008, to finish
the development. He stated when originally obtaining the plat, the previous owner indicated guest
homes were allowed; however, Mr. Bowman later learned second homes are not allowed in the
E (Estate) Zone District. Mr. Bowman explained the modifications made by the Planning
Commission to limit the size of the second houses and stated the primary intention of the second
home is for elderly parents. He requested, if approved, to allow the second homes to be 1,500
square feet above ground and to allow basements. In response to Commissioner Kirkmeyer,
Mr. Bowman indicated he closed on the property September of 2016.
• Addison Lease, opposing surrounding property owner (SPO), stated when he bought his
home from the previous owner, he agreed to having five (5) houses behind him. He indicated the
only access for these lots is Peakview Street, which is a dirt road. He expressed concern
regarding the traffic and the sizes of the second homes. In response to Commissioner Conway,
Mr. Lease reiterated his agreeance and understanding to having five (5) homes behind him.
• Barbara Nelson, SPO, stated she represented herself and another adjacent SPO. She
indicated her property is zoned A (Agricultural) and echoed that Peakview Street is a dirt road.
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HEARING CERTIFICATION - COLSON INC., C/O MARK BOWMAN (AUTHORIZED
REPRESENTATIVE FOR 7 LOTS) (PUDZ18-0001)
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She expressed concern regarding the size of the second homes and requested language to state
"structure" instead of "houses."
ID Mr. Bowman stated he was not involved in the original platting, but stated the previous owner
originally applied for 13 lots, which was negotiated down to seven (7) lots. He mentioned Lot 5,
adjacent to those of the SPOs who provided testimony, has been sold and the owners are
currently building with no intentions of building a guest home. In response to Commissioner
Cozad, Mr. Hall stated existing outbuildings and barns could be converted into second homes
within the size limitations and proper permits.
• In response to Commissioner Kirkmeyer, Mr. Bowman explained the crossing agreement
with Farmer's Reservoir and Irrigation Company (FRICO). Commissioner Kirkmeyer stated her
support of the application and explained there are ways the plot owners could build
non-residential, and connected second residential dwellings with the same effects as the SPOs
concerns. She added, it is better mitigated and discussed through this process.
El In response to Chair Moreno, Mr. Bowman indicated he had reviewed the Conditions of
Approval, as presented and reiterated his request to allow basements.
• Commissioner Kirkmeyer suggested deleting Condition of Approval (COA) #1.A. She also
recommended altering the language in COA #1.D.1 to change "residence"to "dwelling used as a
guest/carriage house." She additionally clarified COA #1.D.1 to include "above ground"and stated
a basement would be allowed. The Board agreed.
12 In response to Chair Moreno, Mr. Bowman indicated he had reviewed, and agrees to abide
by, the Conditions of Approval, as amended.
fa Commissioner Cozad moved to approve the request of Colson Inc., do Mark Bowman
(Authorized Representative for 7 lots), for an Amended Planned Unit Development Change of
Zone, PUDZ18-0001, for Longs Peak Estates (Z-543), to allow two homes per lot in the PUD and
remove septic envelopes, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as amended and entered into the record. The motion
was seconded by Commissioner Conway. Commissioner Cozad agreed the application meets
the criteria. She suggested adding language to finding paragraph #2.A.1 to state, "and provides
the option for multi -generational living." The motion carried unanimously and there being no
further discussion, the hearing was completed at 11:53 a.m.
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HEARING CERTIFICATION - COLSON INC., C/O MARK BOWMAN (AUTHORIZED
REPRESENTATIVE FOR 7 LOTS) (PUDZ18-0001)
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This Certification was approved on the 29th day of October, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
'
ATTEST: dimwit)
jelm;t,
St-. - Moreno, Chair
Weld County Clerk to the Board
BY:
Mike Freeman
Deputy Clerko the Board
APPROVED AS TO FORM:
Date of signature: IZ%7/T
c J
can P. Conway
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