HomeMy WebLinkAbout20173271.tiffHEARING CERTIFICATION
DOCKET NO. 2017-79
RE: A CHANGE OF ZONE, PUDZ17-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
FOUR (4) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES — RICHARD
HEIN
A public hearing was conducted on October 4, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
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 August 31, 2017, and duly published
September 5, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Richard Hein, for a Change of Zone, PUDZ17-0003, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for four (4) residential lots with
E (Estate) Zone District Uses. Bob Choate, Assistant County Attorney, made this a matter of
record.
El Chair Cozad reviewed, for the applicant and the public, the procedures to follow should the
case result in a tie vote due to four Commissioners being present and one Commissioner
excused.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated water service is provided by the Central Weld County Water District and sewer will be
provided by individual septic systems. He stated the site is located within the three (3) mile referral
area of the Towns of Frederick, Firestone and Mead, and the Cooperative Planning Agreement
areas between Firestone and Weld County, and Mead and Weld County. Mr. Ogle described the
site to be located between two (2) existing Firestone subdivisions and he reviewed the referral
responses from the surrounding jurisdictions. He reported the applicant is requesting the Board
consider three exceptions to waive lot size, common open space and road pavement. He clarified
the site is not located in an overlay district and received no objection from the Colorado Geologic
Survey. He further stated 19 referrals were sent out with six (6) responses received with
comments that have been incorporated in staff recommendations. Mr. Ogle reported no other
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correspondence has been received. He explained the applicant is requesting this PUD be
approved as a Specific Plan and not a Conceptual Plan. He reviewed the comments from the
Planning Commission regarding the applicant's request for the three (3) aforementioned waivers,
displayed images of the site and surrounding views, and entered the favorable recommendation
of the Planning Commission into the record as written.
• Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements and clarified an Access Permit will need to be procured
from the Town of Firestone.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements and stated a Preliminary Drainage Report has been submitted and a Final
Drainage Report needs to be submitted prior to recording the final plat. She reviewed the
stipulations regarding the waiver from paving the road and stated a construction schedule, utility
map and an Improvements Agreement will be required. In response to Chair Cozad, Ms. Balzano
stated the submittals can be included with an Improvements Agreement.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating water is provided by the Central Weld County Water District and sewer is
provided by individual septic systems. She clarified each lot will be required to have a soils test
completed to assist with the engineering of each septic system. Ms. Light reported no outstanding
issues with this application.
ID Sheri Lockman, Lockman Land Consulting, LLC, represented the applicant and explained
the request for waiver of paving is because the lot is surrounded by the Town of Firestone and
the Town Planner and Engineer stated pavement is not necessary, as surrounding roads are not
paved. She reviewed the reason for the waiver of open space due to the Lupton Meadows Ditch
Company expressing no interest in a trail, and the Town of Firestone having no interest in this
open space, resulting in this becoming an additional burden for the maintenance of the unwanted
space. Ms. Lockman reviewed the details surrounding the correspondence with Anadarko and
expressed that it is not in the applicant's best interest to sign the waiver they are requesting;
however, she expressed a good faith effort to communicate has been made and, therefore, this
Condition can be considered complete.
• No public testimony was offered concerning this matter.
• Commissioner Kirkmeyer suggested the deletion of Condition of Approval (COA) #1.B, and
amending COA #1.C to clarify the applicant shall attempt to address the requirements or concerns
of the Town of Firestone. The Board agreed to these changes. She further recommended
COA #1.E be deleted and relocated as a new Development Standard (DS) #11. Commissioner
Kirkmeyer stated she supports deleting COA #1.G.3 to waive the common open space. In
response to Chair Cozad, Ms. Lockman stated the drainage is part of the lots and there is a
Homeowner Association (HOA) that will maintain and she reiterated the setback requirement. In
response to Commissioner Kirkmeyer, Ms. Light stated septic can be on a lot as small as one (1)
acre if public water service is provided. Ms. Lockman stated there has been nothing indicating a
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problem with leech fields. Ms. Balzano interjected the detention will be on Lots 1 and 4 and these
will need to be designated as Outlots. The Board agreed to delete COA #1.G.3.
El Commissioner Kirkmeyer suggested deleting "or operator" from the original COA #1.G.10.
• Chair Cozad suggested a note be added regarding the drainage facilities shall be on an
outlot and maintained by the HOA. Mr. Ogle recommended the new DS #10 to read, "At final plat
the drainage features shall be delineated on a separate parcel and maintained by the Silver
Mountain Estates HOA.
• Commissioner Kirkmeyer stated she is willing to allow the waiver regarding the road not be
paved because the adjacent roadways are gravel and Firestone is not requesting it be paved.
The Board agreed. Mr. Ogle suggested a change to the original DS #11 be amended to interior
gravel roadway. The Board agreed. Chair Cozad recommended language be amended in the
Findings to reflect the waivers. Commissioner Kirkmeyer stated she has that language ready for
her motion.
• Chair Cozad reviewed the changes for the applicant. In response to Chair Cozad,
Ms. Lockman indicated, on behalf of the applicant, she has reviewed, and agrees to abide by, the
Conditions of Approval, as amended.
• Commissioner Kirkmeyer moved to approve the request of Richard Hein, for a Change of
Zone, PUDZ17-0003, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for four (4) residential lots with E (Estate) Zone District Uses, based
on the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval as amended and entered into the record. She stated the Board agreed to the three (3)
waiver requests for no paving of the internal road, minimum acreage and open space
requirements. The motion was seconded by Commissioner Moreno, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:41 a.m.
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HEARING CERTIFICATION — RICHARD HEIN (PUDZ17-0003)
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This Certification was approved on the 9th day of October, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAvo
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Weld County Clerk to the Board
ounty At :rney
Date of signature: 1O MD 1 i l
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Julie A. Cozad, Chair
Mon-e.,u1-fx-
Steve Moreno, Pro-Tem
EXCUSED
Sean P. Conway
rbara Kirkmeyer
2017-3271
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