HomeMy WebLinkAbout20180302.tiffHEARING CERTIFICATION
DOCKET NO. 2018-08
RE: A CHANGE OF ZONE, PUDZ17-0006, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
THREE (3) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES - JOSEPH AND
ELAINE HOFF
A public hearing was conducted on January 31, 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, Tisa Juanicorena
Clerk to the Board, Esther Gesick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 28, 2017, and duly published
January 2, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Joseph and Elaine Hoff, for a Change of Zone, PUDZ17-0006, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) for three (3) lots with E (Estate) Zone uses.
Bob Choate, Assistant County Attorney, made this a matter of record.
e Chris Gathman, Department of Planning Services, presented a summary of the proposal
and stated the applicant is requested a Change of Zone for a three (3) lot PUD for Residential
lots with E (Estate) Zone uses. He stated the lots will be serviced by the North Weld County Water
District (NWCWD) and On -Site Wastewater Treatment Systems (OWTS). Mr. Gathman stated
the applicants have requested a waiver of the access and paving requirements as cited in Weld
County Code Sections 24-7-20.A.1, 24-7-20.A.6 and 27-2-20, as well as a waiver from Section
27-2-60 concerning the 15% common open space requirement because the site is 1/4 mile from
an existing PUD and considered a non -urban scale development. He stated the Planning
Commission recommended allowing the existing access to remain and to grant a shared access
between the new Lots 2 and 3. In response to Commissioner Kirkmeyer, Mr. Gathman stated the
Change of Zone map does not show lot lines or access points; however, those features will be
required on the Final plat. He continued with his presentation and stated 17 referrals were sent
and nine (9) referral agencies responded with no concerns or offered comments for staff review.
He entered the favorable recommendation of the Planning Commission into the record, stated the
applicant is requesting an administrative review of the Final Plan, and displayed photos of the site
and surrounding area.
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• Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating access to the lots will be from County Road
(CR) 31, which is classified as a local, paved roadway. He stated the average daily traffic count
was 3,040 vehicles, with 11% truck traffic. The traffic narrative indicated 30 daily round trips
associated with the development, with traffic dispersing 50% north and 50% south. Additionally,
staff is recommending an Improvements Agreement for on -site and off -site improvements.
• Hayley Balzano, Public Works Engineer representative, presented the drainage and grading
requirements, stating the drainage narrative indicates the site meets exception #1.A.7 for
residential developments. She reiterated the applicants are requesting a waiver of the Code
sections previously detailed by Mr. Gathman, and she also noted the Planning Commission
recommended deletion of Conditions of Approval (COA) #1.A and #1.E.4, 5, and 6; however, staff
recommends they be retained to address the design of an internal road if it is required. In response
to Commissioner Conway, Ms. Balzano speculated the provisions were removed due to the
limited number of lots and a recommendation for two access points from CR 31.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the existing home and future lots would be serviced by the North Weld County
Water District and septic systems, and she has no concerns with the proposal.
Tim Naylor, AGPROfessionals, represented the applicant and reviewed a PowerPoint
presentation, marked Exhibit D, for the record. He indicated the location of the existing access,
as well as the proposed shared access for Lots 2 and 3 as recommended by the Planning
Commission. He stated the application meets the development criteria through compatibility with
the surrounding area, as well as the provision of adequate utilities and streets. Mr. Naylor asserted
he believes the proposal is a non -urban scale development, and he reviewed the request for a
waiver from the requirements for 15% common open space, paving and an internal roadway, and
the bulk requirements for allowed animal units. In response to Commissioner Cozad,
Mr. Gathman pointed it out under note E.2.
• No public testimony was offered concerning this matter.
• In response to Commissioner Moreno, Mr. Gathman agreed with Mr. Naylor that the
Planning Commission recommended removing COA #1.E.3; however, if the waiver request is
granted, then it should be added back in to document that the Common Open Space is not
required.
• In response to Chair Moreno, Mr. Naylor indicated the applicants have reviewed, and have
no concerns with, the Conditions of Approval, as presented.
• Commissioner Cozad suggesting the addition of a new COA #1.D.6 to show the location of
the existing access and one new shared access between Lots 2 and 3, with a note stating the
agricultural access will be closed.
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Mr. Choate explained details, such as accesses, are not typically included on the Change of
Zone plat; however, he suggested the Board's intention for the two accesses could be addressed
in the Resolution findings. Commissioner Cozad clarified she does not need specific details, but
would like to have a basic arrow on the COZ plat to show the approximate access locations and
a reference in the Conditions because typically applicants do not refer to the findings; they review
the Conditions of Approval to determine what they are required to do.
El Commissioner Kirkmeyer agreed with the need for clear direction concerning the accesses.
Following a brief discussion, the Board agreed to delete the language in COA #1.E.12 and replace
it to state: "Two accesses for the PUD should be shown on the Final plat: one existing and one
shared by Lots 2 and 3."
▪ In response to Commissioners Cozad and Kirkmeyer, Ms. Balzano stated COA #1.A should
be stricken if the Board determines an internal access road will not be required. Mr. Pinkham
added that an improvements agreement would not be required for two accesses. The Board
agreed to delete COA #1.A and #1.E.10, and to replace #1.E.13 to state: "No Improvements
Agreement will be required at the time of Final Plan." Ms. Balzano referenced a requirement for
an improvements agreement to address the water line; however, the Board again determined that
in this case it is not required for the addition of two homes.
Commissioner Cozad stated she supports the applicants' request for the waivers because
the proposal is for two additional houses that will have a shared access, and the existing residence
will retain the current access. She also expressed support for waiving the requirements for 15%
common open space and the bulk requirements for animal units, and delegating authority for
administrative review of the Final Plan. Commissioner Conway agreed.
• Commissioner Kirkmeyer agreed with the waiver requests and suggested modifying COA
#1.6 to state the applicant shall "attempt to" address the requirements of the school district.
Additionally, staff confirmed the applicant had submitted evidence concerning no delinquent
taxes, so Commissioner Kirkmeyer suggested deleting COA #1.C because it has been satisfied.
Commissioner Cozad agreed the taxes will be confirmed at the time of Final Plan and agreed with
the deletion.
• Mr. Choate mentioned this property was previously encumbered by an old USR for a
single-family dwelling. He stated the property was originally 60 acres in size; however, it has
been divided multiple times through the Recorded Exemption process, therefore, legal staff
believes the USR was effectively vacated by operation of law and no additional conditions are
required. Staff will ensure the GIS map is updated.
Mr. Gathman clarified in recorded exemptions the language in COA #1.6 has been a
standard requirement. Mr. Naylor stated the applicants are willing to pay the school impact fee.
Mr. Choate indicated it is a requirement of state statute, regardless of whether it is attached to
the land use application. Commissioner Kirkmeyer asserted the payment is voluntary between
the landowners and the school district. Following discussion, the Board decided to delete
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COA #1.B in its entirety, because of the voluntary nature of the fee and the lack of need for
anything to be submitted to staff.
Chair Moreno reviewed the changes with the applicant's representative. In response to
Chair Moreno, Mr. Naylor indicated he and the applicants have reviewed, and agree to abide by,
the Conditions of Approval, as amended.
Commissioner Conway moved to approve the request of Joseph and Elaine Hoff, for a
Change of Zone, PUDZ17-0006, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for three (3) lots with E (Estate) Zone uses, 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 Freeman. Commissioner
Kirkmeyer stated the Resolution findings also need to be updated to reflect the Board's intent
concerning the existing and new shared accesses. Esther Gesick, Clerk to the Board,
acknowledged the direction and stated the findings will also be amended to reflect the Board's
discussion concerning removal of the requirement for an Improvements Agreement, as well as
granting the waiver requests and administrative review of the Final Plan. There being no further
discussion, the motion carried unanimously and the hearing was completed at 10:50 a.m.
This Certification was approved on the 5th day of February, 2018.
BOARD OF COUNTY COMMISSIONERS
WELL COUNTY, COLORADO
ATTEST: die/LA) ,�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
APPROVED AS T9.
County ttorney
Date of signature: ®a -/3'l?
Steve Moreno, Chair
rbara Kirkmeyer Pro -Terre
Sean P. Conway
f/��y-�
1 e A. Cozad
Mike Freeman
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ATTENDANCE LIST
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