HomeMy WebLinkAbout20173527.tiffHEARING CERTIFICATION
DOCKET NO. 2017-81
RE: CHANGE OF ZONE, PUDZ17-0005 (FKA, PZ-1131), FROM THE A (AGRICULTURAL)
ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT
FOR NINE (9) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES, ALONG
WITH COMMON OPEN SPACE AND A NON -BUILDABLE OUTLOT FOR OIL AND GAS
ACTIVITIES - ROBERT BUDERUS, C/O TODD ANNAND
A public hearing was conducted on October 18, 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, Kim Ogle on behalf of Diana
Aungst
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 October 2, 2017, and duly published
October 5, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request
of Robert Buderus, c/o Todd Annand, Change of Zone, PUDZ17-0005 (fka, PZ-1131), from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9)
residential lots with E (Estate) Zone District uses, along with common open space and a
non -buildable outlot for oil and gas activities. Bob Choate, Assistant County Attorney, made this
a matter of record.
Kim Ogle, on behalf of Diana Aungst, Department of Planning Services, presented a brief
summary of the proposal and stated on November 19, 2008, the Board of County Commissioners
approved a Change of Zone for this applicant; however, the plat was not recorded, therefore, the
request today is for an Amended Change of Zone from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District to include nine (9) residential lots with E (Estate)
Zone District uses. He stated staff received a letter from Mr. Annand requesting an amendment
to waive the paving requirement. Mr. Ogle presented the location in relation to relevant County
roads and stated the it is located in the three (3) mile referral area of Larimer County, and the
Coordinated Planning Agreement area of the Towns of Severance and Timnath. He reviewed the
referral responses from these jurisdictions. Mr. Ogle described the adjacent land uses and
reviewed Code requirements related to paving internal roadways. He stated 17 referrals were
sent out with six (6) responses that have been considered in the Conditions of Approval. He
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HEARING CERTIFICATION - ROBERT BUDERUS, C/O TODD ANNAND (PUDZ17-0005, FKA
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reported, in addition to the request to waive the paving requirement, there are other modifications
in the Resolution.
▪ Evan Pinkham, Public Works Department representative, provided a brief overview of the
transportation plans and requirements and provided the average daily traffic counts to include
truck percentages. He stated there was no traffic narrative submitted, but based on IT trip
generation, it has been concluded that this PUD will generate approximately 85 round trips per
day. Mr. Pinkham clarified that when the plat is at the final stage, the Departments of Public Works
and Planning Services will require an Improvements Agreement for both on -site and off -site
improvements.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating a preliminary drainage report was submitted and a final drainage
report will be required prior to recording the final plat. She reported from the drawings submitted,
it looks like the roadway exceeds the acceptable length and will either need to be shortened or
provide a turn -around area. Ms. Balzano stated if the waiver from paving is granted, there will
need to be modifications to the Resolution related to Engineering. She reviewed typical
requirements to include drainage standards, roadway design, utility easements, construction
schedule, and on -site improvements. In response to Chair Cozad, Ms. Balzano explained the
potential amendment to Condition of Approval (COA) #1.C to remove the requirement for a
pavement study.
• Chair Cozad asked for clarification for COA #2.F. Ms. Light explained the On -site Wastewater
Treatment System.
e Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating North Weld County Water District provides water service and previously the
County Attorney approved the draft water agreement for the project. She clarified they will have
engineered septic systems for each lot and individual soils reports will be required. She reviewed
the relevant Conditions of Approval related to Environmental Health and stated there are no
outstanding issues with this development.
• Todd Annand, owner and developer, stated there are no changes other than requesting a
waiver from the paving requirement. He reported they are addressing the length of the road and
will have a fire truck turn around.
No public testimony was offered concerning this matter.
In response to Commissioner Kirkmeyer, Mr. Annand stated the reasons for requesting a
waiver from paving. The Board and staff discussed modifications to the Resolution to reflect the
internal private road requirements. Chair Cozad stated the Board agrees to approve the waiver
for pavement based on the access from this development connecting to a County maintained
gravel road; and, furthermore, the size of the development promotes minimal impact. The Board
agreed to remove #2.B.1 and #2.B.2 from the findings and amended #2.B.4 to reflect the waiver
2017-3527
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HEARING CERTIFICATION - ROBERT BUDERUS, C/O TODD ANNAND (PUDZ17-0005, FKA
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from pavement on the private internal road. The Board further agreed to remove COA #1.B and
amended COA #1.C to negate the requirement for a pavement study.
Chair Cozad reviewed the changes for the applicant. In response to Chair Cozad,
Mr. Annand indicated he has reviewed, and agrees to abide by, the Conditions of Approval, as
amended.
Commissioner Kirkmeyer moved to approve the request of Robert Buderus, c/o Todd
Annand, Change of Zone, PUDZ17-0005 (fka, PZ-1131), from the A (Agricultural) Zone District to
the PUD (Planned Unit Development) Zone District for nine (9) residential lots with E (Estate)
Zone District uses, along with common open space and a non -buildable outlot for oil and gas
activities, based on the recommendations of Planning staff with the Conditions of Approval as
amended, and entered into the record to include the approval for a waiver from the paving
requirement and allowing an administrative review and approval for the final plat. 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 23rd day of October, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtAgiv XL:el
Weld County Clerk to the Board
BY (ze _G •
ty Clerk to the Board
APP' • . -s AS T
unty A orney
Date of signature: It/a(17
Steve Moreno, Pry--Tem
Sean P. Conway
c.
ke Freeman
XCUSED DATE OF APPROVAL
Barbara Kirkmeyer
2017-3527
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