HomeMy WebLinkAbout20170663.tiffHEARING CERTIFICATION
DOCKET NO. 2017-16
RE: GRANT CHANGE OF ZONE, COZ16-0004, FROM R-2 (DUPLEX RESIDENTIAL) ZONE
DISTRICT TO R-3 (MEDIUM -DENSITY RESIDENTIAL) ZONE DISTRICT - VICKI S.
LAKE, C/O WELD COUNTY PLANNING DEPARTMENT
A public hearing was conducted on March 29, 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, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
el I hereby certify that pursuant to a notice dated February 16, 2017, and duly published
February 21, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Vicki S. Lake, c/o Weld County Planning Department, for a Change of Zone,
COZ16-0004, from the R-2 (Duplex Residential) Zone District to the R-3 (Medium -Density
Residential) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record.
Michael Hall, Department of Planning Services, presented a brief summary of the history of
the zoning designations from the time of construction to the present and clarified it was built in
1976, as a duplex, and expanded in 1978 to a triplex. He stated the rezoning proposal will bring
this property into compliance with the code. Mr. Hall reviewed the water service and septic, and
reminded the Board this case, COZ14-0006, was previously processed in 2014, based on a
zoning violation, and at that time is was concluded that the case was to be continued to research
the zoning for the entire subdivision. He stated in March of 2015, Ms. Lake wrote a letter
requesting the application be withdrawn and costs be reimbursed. Mr. Hall conveyed that a work
session further directed that staff would determine the correct zoning for the subdivision reflecting
the current use and updated code requirements and that Ms. Lake's property would be rezoned
at no cost to her. He reviewed the site location in relation to relevant County Roads and stated
staff sent out 14 referrals with no objections received and five (5) referral agencies did not
respond. He further stated that staff received no correspondence from surrounding property
owners. Mr. Hall reported the site to be located within the three (3) mile referral area of the Towns
of Severance and Windsor and he reviewed the referral responses from these municipalities. He
displayed images of the site and surrounding properties and entered the favorable
recommendation of the Planning Commission into the record as written. In response to
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HEARING CERTIFICATION - CHANGE OF ZONE (COZ16-0004) - VICKI S. LAKE, C/O WELD
COUNTY PLANNING DEPARTMENT
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Commissioner Kirkmeyer, Mr. Hall stated it would be difficult to say how many total units are
currently in the entire subdivision.
Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements and stated an Access Permit has been approved, AP#16-00556, which
stipulates to use the existing access points on Northwest Drive. He provided the average daily
traffic counts for North West drive and stated there is no requirement for tracking control nor an
Improvements Agreement.
Hayley Balzano, Planning Services Engineer representative, presented drainage and
grading requirements, stating this Change of Zone does not affect the drainage.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating North Weld County Water District provides water service and there are
currently two (2) septic systems that provide sewer for the site. She reported no outstanding
issues with this proposal.
• Vicki Lake, applicant, reviewed the frustrating history associated with her attempt to
subdivide the lot, the ensuing violation, being forced to evict her tenants for ten (10) months which
resulted in a loss of income, and proceeded to explain her continued desire to subdivide with the
hopes of building another duplex to be able to live on one side and rent out the other side. She
expressed her aggravation over the current stipulation to close the access on CR 76 which has
been a viable access for over 40 years and accesses the back portion of her property for
landscape maintenance. Chair Cozad interjected that the Town of Windsor has jurisdiction over
that access and today the Board is deciding on the application to change the zoning.
• No public testimony was offered concerning this matter.
J In response to Chair Cozad, Ms. Lake indicated she has reviewed, and agrees to abide by,
the Conditions of Approval.
• Commissioner Freeman suggested deleting Conditions of Approval, COA, #1.G.5 and
#1.G.6. The Board agreed. Commissioner Moreno suggested discussion regarding COA #1.G.7
with the understanding that jurisdiction lies with the Town of Windsor.
Mr. Choate reviewed the conversation that took place during the Planning Commission
hearing. He explained the recommendation to delete it to allow the applicant the opportunity to
negotiate with the Town of Windsor. In response to Mr. Choate, Chair Cozad suggested adding it
as a Condition that the applicant work it out with the Town of Windsor and that it not be a note on
the plat.
In response to Commissioner Kirkmeyer, Mr. Hall confirmed the documented
correspondence stating the Town of Windsor will not be consenting to an access from CR 76.
Mr. Pinkham added there is no history of an access being permitted by Weld County on CR 76.
Commissioner Kirkmeyer recommended leaving it as is.
2017-0663
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HEARING CERTIFICATION - CHANGE OF ZONE (COZ16-0004) - VICKI S. LAKE, C/O WELD
COUNTY PLANNING DEPARTMENT
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• Commissioner Conway followed up with Ms. Lake and Mr. Hall regarding communication
with the Town of Windsor and concluded he is fine with removing it to allow her the opportunity to
continue the discussion with Windsor. Commissioner Freeman concurred with removing it from
the Resolution because it is not in Weld County's jurisdiction. Commissioner Moreno agreed.
Commissioner Kirkmeyer suggested a change of language to read, "Access to CR 76 needs
to be permitted by the Town of Windsor and the current access should be closed." Commissioner
Freeman expressed his disagreement with the requirement to close the current access on the
grounds that it is the Town of Windsor's jurisdiction and responsibility.
• In response to Commissioner Conway, Mr. Choate stated it has been made clear Ms. Lake
wishes to re -subdivide the current parcel and create an additional lot with the intent to use this
particular access, which is why Planning Commission wanted to delete COA #1.G.7 to allow her
the opportunity to negotiate with the Town.
Commissioner Conway moved to delete COA #1.G.7 which was seconded by Commissioner
Moreno. Commissioner Freeman explained his reasons for not supporting the closure of the
current access on CR 76.
• After further discussion, Chair Cozad suggested language to amend the motion to read,
"Access to CR 76 is permitted by the Town of Windsor. The existing access point shall be closed
unless evidence of an Access Permit is submitted by the applicant from the Town of Windsor."
▪ Commissioner Kirkmeyer moved to amend the motion to reflect Chair Cozad's suggested
language. Commissioner Freeman seconded the motion and questioned the closure of an access
that is not in County jurisdiction. Commissioner Kirkmeyer argued that typically the County does
not allow multiple accesses to one lot. Mr. Hall verified the existing accesses from Northwest
Drive, per the plat.
Chair Cozad requested a roll call vote to amend the motion. It passed 3-2 with
Commissioners Conway and Moreno opposed. Chair Cozad again requested a roll call vote to
leave the note on the plat with the amended language. The motion passed 3-2 to leave
COA #1.G.7 on the plat with the amended language, with Commissioners Moreno and Conway
opposed.
Chair Cozad clarified the access language on the plat and the changes for the applicant.
• In response to Chair Cozad, Ms. Lake explained her reasons for wanting to keep this access
to prevent having to drive over her leech field. Chair Cozad stated the Board understands the
issues; however, she will need to get approval for this access from the Town of Windsor.
El Commissioner Moreno moved to approve the request of Vicki S. Lake, c/o Weld County
Planning, for a Change of Zone, COZ16-0004, from the R-2 (Duplex Residential) Zone District to
the R-3 (Medium -Density Residential) Zone District, based on the recommendations of Planning
2017-0663
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HEARING CERTIFICATION - CHANGE OF ZONE (COZ16-0004) - VICKI S. LAKE, C/O WELD
COUNTY PLANNING DEPARTMENT
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staff and the Planning Commission, with the Conditions of Approval as amended and entered into
the record. The motion was seconded by Commissioner Freeman, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:48 a.m.
This Certification was approved on the 3rd day of April, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dIttAit4) ' JC, io;ok,
Weld County Clerk to the Board
BY:
AP
Date of signature: (-A / (,21/ ( ^1
Julie A. ozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
Ike Freeman
ounty Attorney r jam'`�� GL
arbara Kirkmeyer
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