HomeMy WebLinkAbout20172110HEARING CERTIFICATION
DOCKET NO. 2017-53
RE: A CHANGE OF ZONE, PUDZ17-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 26
RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES ALONG WITH 3.79
ACRES OF OPEN SPACE AND THREE (3) OUTLOTS - PANORAMA ESTATES, LLC
A public hearing was conducted on July 19, 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 - EXCUSED
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:
re I hereby certify that pursuant to a notice dated May 18, 2017, and duly published May 23,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of
Panorama Estates, LLC, for a Change of Zone, PUDZ17-0002, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for 26 Residential Lots with
E (Estate) Zone District Uses along with 3.79 acres open space and three (3) out lots. 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 the applicant is requesting twenty-six (26) residential lots along with common open
space, with some of the proposed lots being less than 2.5 acres, which is less than the five (5)
acre requirement in the E (Estate) Zone District. The site is in the Three-mile referral area of the
Towns of Frederick and Firestone and located in the Cooperative Planning Agreement boundary
of the Town of Firestone. Mr. Gathman reported staff received one phone call from an adjacent
neighbor who is concerned about the amount of traffic, the dust which will be generated, and
impacts on the water pressure. Mr. Gathman reported the applicant stated the PUD would be
completed in stages to meet the requirements of the local water district and they are also
requesting a waiver for the 15% common open space requirement. Mr. Gathman stated Planning
Staff is not in favor of the 6% Common Open Space and he displayed photos of the proposed
outlots B and C. Mr. Gathman stated the applicant would like to provide an access for the internal
roadway for an adjacent property owner and he stated staff has concerns with a property owner
who is not part of the PUD gaining access to the internal roadway. He pointed out the location of
the outlots on the slides and clarified that Planning Commission is not in favor of the outlots.
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Chair Cozad reviewed, for Sheri Lockman, representative for the applicant, the procedures
to follow should this case result in a tie vote due to four Commissioners being present and one
Commissioner excused.
Mr. Gathman displayed photographs and slides of the site 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. He stated there is an existing access on County Road
(CR) 17, under Access Permit, AP16-00402. He explained that the access point on County Road
17, it should not be used as an access to the subdivision, it should only be used for the oil and
gas equipment on Lot 17. Furthermore, the access on Elm Street should be gated and only used
for emergency. He stated there are 33% trucks and staff is requiring tracking control and an
improvements agreement. Mr. Pinkham pointed out north of the access point to County Road 24
will be paved. In response to Commissioner Conway, Mr. Pinkham stated the requirement for
having to pave the road is 300 average daily trips and the adt will reach 366, therefore, the
applicant will be required to pave.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements. Ms. Balzano stated the applicant will submit a variance on the release rate
so the applicant will need a Certificate of Compliance completed by the engineer.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. She stated Central Weld County Water District will provide water, and based on the
geo-technical data that was submitted with the application a standard septic system will not work
in the northeast end of the parcel because of shallow ground water, so they will be required to
have mounted systems.
Sheri Lockman, representative of the applicant, stated the first application was for a smaller
subdivision with a different owner, however, it changed ownership in August and the new owners
resubmitted a new application with the additional lots. She stated she is concerned about the
paving requirement from Public Works because they were told the alternative requirement is
basically dust suppression with magnesium chloride.
In response to Commissioner Conway, Ms. Lockman stated the paving requirement was not
mentioned at the Planning Commission hearing. In response to Commissioner Conway, Mr.
Pinkham stated after the hearing he spoke with the engineers about clarifying the alternative
pavement at which time they indicated paving would be preferred.
El Tommy Raye, applicant, stated he is working with the staff, but when they discussed dust
control, he assumed they meant the magnesium chloride application, twice a year, because he
understood the number was 400 as a trigger. Mr. Raye stated he understands once the
subdivision is established the residents would pay a share of the paving, once it is required. He
reported there has been a lot of interest in the site and he is optimistic the lots will sell quickly.
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IR In response to Commissioner Conway, Mr. Raye confirmed his request for the dust
suppression would be a magnesium chloride road.
Craig Owen, adjacent neighbor, stated he owns the 75 acres and the 3.5 acres out lots
immediately south of the development. He pointed out his property on the aerial photograph and
stated he has 5,000 seedlings planted on the 75 acres. In response to Chair Cozad, Mr. Owen
stated he doesn't think there is any agreement for on -going maintenance for the road.
Mr. Raye addressed the access and the lack of an agreement. He questioned if there would
need to be a Change of Zone, and requested the right to negotiate this access for potential future
use. Chair Cozad suggested a plat note stating that out lots B and C are for personal use only.
• Mr. Choate stated the Board has no ability to put a limitation on the use of the development
and they should let the homeowners decide what to do. In response to Commissioner Cozad, Mr.
Raye stated the future homeowners could deny Mr. Owen access, because they will be
responsible for the maintenance and uses of the road. Chair Cozad asked if there could be an
agreement before the Homeownes' Association is established.
• In response to Chair Cozad, Mr. Raye indicated he has reviewed, and agrees to abide by,
the Conditions of Approval, as amended. Ms. Lockman requested administrative approval at final
planning.
In response to Commissioner Conway, Mr. Raye requested the Board resolve the road issue
and access permit.
In response to Chair Cozad, Ms. Balzano stated the release of waiver can be administratively
approved.
Commissioner Conway stated he is in favor of the alternative treatment being magnesium
chloride for dust abatement and he agrees with the waiver for the open space and the
Administrative Review of the Final Plat. Chair Cozad addressed the language in the Code
referring to alternative road treatment and stated in past applications, dust suppression was
allowed as a treatment.
• Mr. Choate stated he will work with the Department of Public Works to reflect the Board's
intent and to make sure the applicants understand. Mr. Choate said when paving becomes
necessary in the future it is not practical for the residents, to be responsible because of the costs.
He presented the other options available for when paving becomes necessary. Mr. Pinkham
stated there are no plans to pave the road. Chair Cozad stated the developer puts the road in
and any future development falls on the residents.
Chair Cozad stated she is in favor of the 6% wavier and suggested Mr. Owen will need to
work with the Homeowners' Association for access to the road. In response to Chair Cozad, Mr.
Gathman stated paragraph H, has language to administratively approve the Final Plat.
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Chair Cozad suggested modifying Paragraph 2.6.3, under Findings and Condition of
Approval #1.D.3 pertaining to the waiver from the 15% common open space allocation
requirement. Commissioner Freeman stated the percentage should be 5.5%, or 3.79 acres. Mr.
Choate clarified that it was decided to be 6%.
El Mr. Raye confirmed initally they did decide it was 6% after they took into consideration the
retention pond as part of the open space. He suggested it may be better to use the 5.5%. Chair
Cozad suggested both references state a minimum of 3.79 acres (5.5%), and the Board agreed.
Chair Cozad suggested deleting the first sentence of paragraph 2.H, as well as the last
paragraph and adding "the final plat will be reviewed administratively and recommends approval
of this PUD as a specific development. Mr. Choate recommended removing the sentence which
refers to the PUD being approved for a Change of Zone in 2014.
In response to Chair Cozad's question about paragraph D.5, Ms. Light stated it is "may" and
not "shall" because it is not a developed site and the applicant must demonstrate adequate water
supply at final plat.
Commissioner Freeman moved to approve the request of Panorama Estates, LLC, for a
Change of Zone, PUDZ17-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for 26 Residential Lots with E (Estate) Zone District Uses along with
3.79 acres open space and three (3) out lots, based on the recommendations of Planning staff
and the Planning Commission, with the Conditions of Approval as entered the record. The motion
was seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:07 a.m.
This Certification was approved on the 24th day of July, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:df , jdg,O4k. EXCUSED DATE OF APPROVAL
Julie Cozad, Chair
Weld County Clerk to the Board
BY.
APP
0„cA,P
Clerk to the Board
ounty Attorney
Date of signature: / tS1 l ?
Steve Moreno, Pro -Tern
Sean P. Conway
ike Freeman
XCUSED
Barbara Kirkmeyer
2017-2110
PL2289
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