HomeMy WebLinkAbout20171147.tiffHEARING CERTIFICATION
DOCKET NO. 2017-31
RE: GRANT CHANGE OF ZONE, PUDZ16-0002, FROM THE A (AGRICUTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
NINE (9) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES ALONG WITH AN
AGRICUTURAL OUTLOT THAT WILL BE NON -BUILDABLE FOR RESIDENTIAL
PURPOSES - LAWRENCE AND JACQUELYN BEBO
A public hearing was conducted on May 3, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Stephanie Frederick
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 March 29, 2017, and duly published April 3,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Lawrence
and Jacquelyn Bebo, requesting Change of Zone, PUDZ16-0002, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for nine (9) residential lots with
E (Estate) Zone Uses, along with an Agricultural Outlot that will be non -buildable for residential
purposes along with Common Space. Bob Choate, Assistant County Attorney, made this a matter
of record.
Chris Gathman, Department of Planning Services, presented a summary of the proposal
and stated this is a conceptual Planned Unit Development (PUD) for nine (9) residential lots, the
site borders the Town of Berthoud limits to the north and southwest, and is located within a
floodplain. Mr. Gathman stated, since it is close to the Town of Berthoud, it is considered Urban
Scale Development so there is a 15% common open space requirement and paved internal roads.
He reported the public water will be served by the Little Thompson Water District. He stated a
response was received from the Division of Water Resources, stating there is an existing permit
which is on proposed Tract A. Mr. Gathman explained as part of the request from Division of
Water Resources, the well be plugged, to which the applicant agreed. The Town of Berthoud
indicated the PUD is consistent with the Town of Berthoud's preferred land use map. He stated
staff discussed with the applicant the requirements for open space and the applicant submitted
an amended proposal to adjust the boundaries. Mr. Gathman entered the favorable
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recommendation of the Planning Commission into the record as written. Mr. Gathman displayed
the photos of the site.
• Evan Pinkham, Public Works Department representative, provided a brief overview of the
transportation plans and requirements. He explained the access to the site is on County Road
(CR) 3 and was approved under permit AP16-00651. Mr. Pinkham stated CR 3 is a gravel road,
with 193 vehicles per day and 20% truck volume. He reported staff will be requiring tracking
control and an Improvements Agreement.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements. She stated the site is in the Zone A FEMA floodplain for the Little Thompson
River.
CI Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. She reported Little Thompson will provide water and sewers will be individual septic
systems. She also stated Conditions of Approval #F.1 through #F.9 address health issues.
Kent Bruxvoort, representative of the applicant with KBC Engineers, clarified that the
agricultural outlot has been referred to incorrectly and it should be Tract A and not Tract D. He
stated that CR 3 is paved north of the property to Highway 56 and it is gravel to the south.
No public testimony was offered concerning this matter.
In response to Commissioner Kirkmeyer, Mr. Bruxvoort stated the applicant is ready and it
will be developed within the next three (3) years; he hopes to be able to break ground in the Fall
2017. Mr. Choate stated in order to have staff administratively approve the final plan, if there
aren't any substantial changes, it must be approved as a specific development plan. He stated
there isn't an exact legal description, because it was first presented as a conceptual plan.
• Mr. Gathman pointed out the criteria for conceptual versus specific development is
referenced in paragraph 2.J. Commissioner Kirkmeyer requested the language for the conceptual
plan moved under Conditions of Approval (COA).
• Mr. Bruxvoort, addressed some language concerning the common open space and
recommended deleting the 70 -foot landscape setback, in lieu of the 15% common open space.
Therefore, the applicant did a substitution for the common open space instead of the 70 -foot
landscape setback, and the common open space will still be 5% of the area instead of the 15%.
Chair Cozad suggested amending the Findings under paragraph 2.J, to reflect they are requesting
a waiver to the common open space requirement by providing the common open space corridor
in the non -buildable agricultural outlot" and delete the sentence stating: "A conceptual
development requires a hearing before the Board of County Commissioners at the final plan
stage."
• Chair Cozad clarified that draft paragraphs D and E are deleted under Findings and moved
under Conditions of Approval and re -letter. In response to Chair Cozad, Mr. Bruxvoort reported a
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HEARING CERTIFICATION - LAWRENCE AND JACQUELYN BEBO (PUDZ16-0002)
PAGE 3
referral came from the Division of Water Resources concerning the exempt well on the property
and would like the well plugged, because it is part of the subdivision.
• Chair Cozad addressed the letter of referral from Colorado Department of Transportation
(CDOT) in which it was stated if traffic volume is increased at the intersection by 20%, the
applicant will need to obtain a new access permit. The Board would like the language in COA
#1.C to state "shall attempt." Ms. Light explained the language in COA #1.G.4 was changed to
"may" and Chair Cozad would like it changed to "will" and the Board agreed.
• Mr. Choate suggested changing all to references of Tract D to Tract A.
El In response to Chair Cozad, Mr. Bruxvoort, representing the applicant, indicated he has
reviewed, and the applicant agrees to abide by, the Conditions of Approval and Development
Standards, as amended.
• Commissioner Kirkmeyer moved to approve the request of Lawrence and Jacquelyn Bebo
requesting Change of Zone, PUDZ16-0002, from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District for nine (9) residential lots with E (Estate) Zone Uses,
along with an Agricultural Outlot that will be non -buildable for residential purposes along with
common space, 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, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:35 a.m.
This Certification was approved on the 8th day of May, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTW„Qtifet)
Weld County Clerk to the Board
APPR
EXCUSED DATE OF APPROVAL
Julie A/Coad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
ike Freeman
ounty Attorney . XCUSED DATE OF APPROVAL
Barbara Kirkmeyer
Date of signature: 5/11117
2017-1147
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