HomeMy WebLinkAbout20170787.tiffHEARING CERTIFICATION
DOCKET NO. 2017-22
RE: A CHANGE OF ZONE, FOR A CHANGE OF ZONE, PUDZ16-0005, FROM THE
A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT)
ZONE DISTRICT FOR THREE (3) RESIDENTIAL LOTS WITH E (ESTATE) ZONE
DISTRICT USES - WAYNE HOWARD AND SHARYN FRAZER
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, Diana Aungst
Public Works Department representative, Janet Lundquist
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 February 16, 2017, and duly published
February 21, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Wayne Howard and Sharyn Frazer, for a Change of Zone, PUDZ16-0005, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, for three (3)
Residential Lots with E (Estate) Zone District Uses. Bob Choate, Assistant County Attorney,
made this a matter of record.
.-- ' Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated 20 referrals were sent out with 16 indicating no concerns or submitting no response.
She described the location in relation to relevant County Roads and explained the lots vary in size
and the Planned Unit Development (PUD) is considered non -urban in scale. Ms. Aungst stated
the parcel is currently zoned A (Agricultural) and has no internal road system proposed and she
reviewed the access points relative to each lot and the reason for the waiver request to prevent
requiring an internal road system. Ms. Aungst stated the site is located in the three (3) mile referral
area for the Towns of Windsor, Milliken and Johnstown, the City of Greeley and Larimer County,
and the Intergovernmental Agreement Area for the Towns of Windsor and Milliken and she
reviewed the referral responses from these municipalities. Ms. Aungst displayed images of the
site and surrounding views and entered the favorable recommendation of the Planning
Commission into the record as written.
• Evan Pinkham, Public Works Department representative, provided a brief overview of the
transportation plans and requirements, stating an Access Permit, AP#16-00452, has been
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approved, which stipulates to utilize the existing access points. He provided the average daily
traffic counts and stated the traffic narrative indicated approximately 30 round trips per day.
Mr. Pinkham stated tracking control is required; however, there is no requirement for an
Improvements Agreement. In response to Commissioner Kirkmeyer, Mr. Pinkham clarified the
suggestion for 50 feet of recycled asphalt or road base for tracking control.
• Janet Lundquist, Department of Public Works, explained the typical requirement for tracking
control is based on number of daily trips being generated.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the applicant does not need to have a drainage report or detention
pond design due to meeting the requirements of a Weld County Code exception. She further
explained the applicant's request for a waiver from Code Sections 27-2-20 and 24-7-20.A.1 and
24-7-20.A.6 regarding the requirement for a PUD to be served by one (1) internal road.
Ms. Balzano reported a non -buildable wetland on the property and a Crossing Permit provided by
the U.S. Army Corp of Engineers; however, this crossing is not conducive to one internal road
servicing all the lots. She stated if the waiver is approved, Condition of Approval (COA) 1.B can
be removed from the Resolution. Ms. Balzano reviewed the relative Conditions of Approval related
to Engineering. In response to Chair Cozad, Ms. Balzano stated the applicant presented a request
that has the Code Sections referenced.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the Little Thompson Water District will supply water service and sewer is
provided by septic systems. She stated there are no outstanding issues related to Environmental
Health.
• Wayne Howard, applicant, thanked the staff for the assistance with this project and explained
the waiver request based on the characteristic of the property to include the wetland running
through the property and how it impacts drainage and accessing the lots. He pointed out the
existing accesses on the map and the rationale for maintaining these.
• No public testimony was offered concerning this matter.
• Commissioner Kirkmeyer stated her agreement with the request for a waiver based on staff's
recommendation. She moved to grant the waiver from Code Sections 27-2-20, 24-7-20.A.1, and
24-7-20.A.6. The motion was seconded by Commissioner Conway and unanimously approved.
la Chair Cozad recommended removing COA #1.B based on the waiver being granted. The
Board agreed.
eg In response to Chair Cozad, Mr. Howard indicated he has reviewed, and agrees to abide
by, the Conditions of Approval, as amended.
• Commissioner Freeman suggested deleting COA #1.E.4 and 1.E.5. Commissioner
Kirkmeyer recommended also deleting COA #1.E.3 and COA #1.C and #1.E.9 and #1.E.10. The
Board and the applicant agreed to the deletions.
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HEARING CERTIFICATION - WAYNE HOWARD AND SHARYN FRAZER (PUDZ16-0005)
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Commissioner Conway moved to approve the request of Wayne Howard and Sharyn Frazer
for a Change of Zone, PUDZ16-0005, from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for three (3) 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. The motion was seconded by
Commissioner Moreno. Chair Cozad stated she appreciated the diligence of the applicant to go
through the big process and do things right. There being no further discussion, the motion carried
unanimously and the hearing was completed at 11:11 a.m.
This Certification was approved on the 3rd day of April, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifwv Jdo;t1
Weld County Clerk to the Board
Date of signature: Li ( t31 I 1
Julie A. o ad, Chair
Steve Moreno, Pro -Tern
Sean P. Conway
�Mik Freeman
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