HomeMy WebLinkAbout20170084.tiffHEARING CERTIFICATION
DOCKET NO. 2017-02 and DOCKET NO. 2017-06
RE: CHANGE OF ZONE, COZ16-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE E (ESTATE) ZONE DISTRICT - JACOB AND LAURA OWEN (DOCKET
NO. 2017-02)
RE: RESUBDIVISION, RES16-0001, TO DIVIDE TRACT A OF ARROWHEAD SUBDIVISION
4TH FILING, INTO TWO (2) LOTS (IN CONJUNCTION WITH COZ16-0003) - JACOB
AND LAURA OWEN (DOCKET NO. 2017-06)
A public hearing was conducted on January 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
Commissioner Barbara Kirkmeyer
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Janet Lundquist
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
Chair Cozad notified the applicant and the public that the Board will call up both cases at
the same time and have separate motions.
I hereby certify that pursuant to a notice dated October 28, 2016, and duly published
November 2, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Jacob and Laura Owen, for a Change of Zone, COZ16-0003, from the A (Agricultural)
Zone District to the E (Estate) Zone District. Bob Choate, Assistant County Attorney, made this
a matter of record. I hereby also certify that pursuant to a notice dated December 19, 2016, and
duly published December 22, 2016, in the Greeley Tribune, a public hearing was conducted to
consider the request of Jacob and Laura Owen, for a Resubdivision, RES16-0001, to divide
Tract A of Arrowhead Subdivision 4th Filing, into two (2) lots (in conjunction with COZ16-0003).
Mr. Choate, Assistant County Attorney, again made this a matter of record.
Chris Gathman, Department of Planning Services, reviewed the history of the Arrowhead
Subdivision and reminded the Board of a similar request regarding this same tract in January,
2015. He clarified there is a new property owner with a new application with a similar request. He
presented a brief summary of the proposal for the Change of Zone, stating the intent is to change
it from A (Agricultural) to E (Estate) Zoning, reviewed the size of lots to be consistent with the
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E (Estate) Zoning District requirements, that it is served by the City of Evans Water and by
individual septic systems, and the allowable number of livestock for Estate zoning is more
restrictive than Agricultural zoning. He specified the intent to divide Tract A into two (2) lots, based
on the Resubdivision, (RES16-0001), submitted in conjunction with this application which staff
found to be consistent with the surrounding area and in regard to the Resubdivision requirements,
as there is no restriction in the Arrowhead Covenants regarding this tract. Mr. Gathman explained
that the majority of Tract A is located in the 100 -year floodplain and part of that is floodway, and
he reviewed the history of efforts to resubdivide this parcel and the concerns that resulted in denial
or withdrawal. He reiterated that the applicant can build a house outside the floodplain. He also
reported receiving a response from the City of Evans regarding water service, and of the
19 referrals that were sent out, 15 responses were received. Mr. Gathman stated staff has not
received any phone calls or letters of objection to this application. He reported the applicant has
done community outreach. Mr. Gathman displayed photos of the site and surrounding properties
and entered the favorable recommendation of the Planning Commission regarding the Change of
Zone into the record as written.
• Janet Lundquist, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements stating the site is accessed off of Kiowa Drive and
Pawnee Drive and the Access Permit is not currently approved, but it is a Condition of Approval.
She provided the average daily traffic counts for Kiowa Drive and stated that neither tracking
control, nor an Improvements Agreement will be required. In response to Chair Cozad,
Ms. Lundquist verified the roads mentioned are maintained by Weld County which is why an
Access Permit is required.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage
requirements and exceptions and the grading requirements.
ei Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the City of Evans will provide water service and individual septic systems will
provide sewer service. She reported the applicant has performed percolation tests which can be
used in the application process to attain septic permits. Ms. Light explained there was an existing
septic permit on file from the previous property owner; however, it expired in November, 2016.
She reviewed requirements and stated there are no outstanding issues with this application.
el Jeff Couch, represented the applicant and stated this is a unique property that has not been
well maintained. He conveyed the applicants are committed to maintaining and improving the
location with the intent to build two (2) homes. Mr. Couch reviewed the status of the tax
assessment and the challenge to get the information updated with the intent to build larger,
high -quality homes on each parcel. He reported they do have the residential Access Permits in
place and reviewed the prepaid water development certificate in relation to the water taps and the
proximity to the two (2) building sites.
• No public testimony was offered concerning this matter.
• In response to Chair Cozad, Mr. Couch indicated they have reviewed, and agree to abide
by, the Conditions of Approval, for the Change of Zone, COZ16-0003, and the Resubdivision,
RES16-0001, and have no concerns or questions.
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El Commissioner Kirkmeyer suggested the word "may" be changed to "shall" regarding water
service being obtained, on the Resolution for the Change of Zone, Condition of Approval,
(COA) #1.E.6; and likewise, on the Resolution for the Resubdivision, COA #1.E.1. In response to
Commissioner Kirkmeyer, Mr. Couch stated there is no Homeowners' Association. She further
recommended changing the word, "approved" to "reviewed" regarding the Front Range Fire
Rescue Authority language in the Findings, page 3, #2.D, and page 4, #2.I, on the Resolution for
the Resubdivision. Lastly, Commissioner Kirkmeyer suggested a clarification to specify "...proof
of payment of fees from the City of Evans..." on COA #1.A. The Board agreed to the
aforementioned changes.
• Mr. Couch interjected a change to the Resolution for the Resubdivision, COA #1.E.12, and
to the Change of Zone Resolution, COA #1.E.4, regarding the need to correct the FEMA Panel
Map reference and remove the St. Vrain Creek Floodplain reference. Chair Cozad stated staff will
get that corrected.
• Chair Cozad suggested COA #1.A, on the Resubdivision Resolution, be moved to become
a new COA #2, to read, "Prior to the issuance of building permits, the applicant must provide a
water tap agreement or certificate of proof of payment of fees from the City of Evans for each
parcel."The Board agreed.
• In response to Commissioner Kirkmeyer, Mr. Couch stated he and the applicant are aware
regarding COA #1.E.11, on the Resubdivision Resolution, that if water quality requirements or
improvements are triggered, it is at the cost of the applicant.
Commissioner Conway moved to approve the request of Jacob and Laura Owen for a
Change of Zone, COZ16-0003, from the A (Agricultural) Zone District to the E (Estate) Zone
District, 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 Kirkmeyer, and it carried unanimously.
• Commissioner Kirkmeyer moved to approve the request of Jacob and Laura Owen, for a
Resubdivision, RES16-0001, to divide Tract A of Arrowhead Subdivision 4th Filing, into two (2)
lots (in conjunction with COZ16-0003), based on the recommendations of Planning staff, with the
Conditions of Approval as amended and entered into the record. The motion was seconded by
Commissioner Conway who also thanked the applicant for their due diligence in completing the
application process. The motion carried unanimously. There being no further discussion, the
hearing was completed at 10:32 a.m.
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This Certification was approved on the 9th day of January, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dQ� ) , .iddo;&k,
Weld County Clerk to the Board
BY.
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County Attorney
Date of signature: O1/a-1/11
Julie- Cozad, Chair —
EXCUSED DATE OF APPROVAL
Steve Moreno, Pro -Tern
Sean P. Conway
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~=arbara Kirkmeyer
Freeman
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