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Home My WebLink About20161087.tiff HEARING CERTIFICATION DOCKET NO . 2016 -24. B RE : A CHANGE OF ZONE , COZ15-0004, FROM THE PUD ( PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT — RONALD AND LEE BIRGENHEIER A public hearing was conducted on March 30 , 2016 , at 10: 00 a . m . . with the following present: Commissioner Mike Freeman , Chair Commissioner Sean P. Conway. Pro-Tem Commissioner Julie A. Cozad - EXCUSED Commissioner Barbara Kirkmeyer - EXCUSED Commissioner Steve Moreno Also present: Acting Clerk to the Board , Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative , Chris Gathman Department of Public Works representative , Janet Lundquist Planning Services Engineer representative , Wayne Howard Health Department representative, Lauren Light The following business was transacted : a. I hereby certify that pursuant to a notice dated February 5. 2016, and duly published February 10, 2016 , in the Greeley Tribune , a public hearing was conducted to consider the request of Ronald and Lee Birgenheier, for a Change of Zone , COZ15-0004, from the PUD ( Planned Unit Development) Zone District to the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney , made this a matter of record . P Chair Freeman instructed the applicant and reviewed for the public, that due to two (2) of the five (5) commissioners being excused , the vote must be unanimous for the case to be approved today. FA Chris Gathman , Department of Planning Services , presented a brief summary of the proposal and Change of Zone from the PUD ( Planned Unit Development) Zone District, approved September 6, 2006 , under case #PZ- 1041 , requesting to re-zone back to the original A (Agricultural) Zone District. He explained the property was under different ownership and the Birgenheiers have no intention of continuing with the development plans of the prior owner and the cost to bring water in was prohibitive. Mr. Gathman displayed images of the site and surrounding properties and entered the favorable recommendation of the Planning Commission into the record as written . la Janet Lundquist, Department of Public Works representative , provided a brief overview of the transportation plans and requirements stating the site access is from County Road 84 . P Wayne Howard , Planning Services Engineer representative . stated no comments. Ct`- ► %, 2016- 1087 q. . PL1852 HEARING CERTIFICATION - RONALD AND LEE BIRGENHEIER (COZ15-0004) PAGE 2 Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating there is an individual well for water and septic system for sewer. Ms . Birgenheier provided the history of their purchase of the property and reasons for going back to the A (Agricultural) Zone to better meet their needs . No public testimony was offered concerning this matter. In response to Commissioner Moreno, Mr. Gathman clarified the date of the PUD Zone Change . a In response to Chair Freeman . Ms . Birgenheier stated she has no concerns with the Conditions of Approval or Development Standards . In response to Commissioner Conway, Mr. Gathman clarified the changes to Condition of Approval (COA) #1 . C . 12 reflect the updated language agreed upon by the Board . Ms . Birgenheier interjected that the prior owner died and was unable to complete the development and put the property up for sale . a. In response to Chair Freeman , Ms. Birgenheier indicated she has reviewed . and agrees to abide by, the Conditions of Approval , as amended . a Mr. Choate stated the date needs to be updated on COA #1 . C . 3 to reflect today's date . a Commissioner Conway moved to approve the request of Ronald and Lee Birgenheier. for a Change of Zone . COZ15-0004 . from the PUD (Planned Unit Development) Zone District to the A (Agricultural ) 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 Moreno , and it carried unanimously. There being no further discussion , the hearing was completed at 10 : 33 a. m . 2016-1087 PL1852 HEARING CERTIFICATION - RONALD AND LEE BIRGENHEIER (COZ15-0004) PAGE 3 This Certification was approved on the 4th day of April , 2016 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dirdielltot Mike Freeman , Chair Weld County Clerk to e Board P Sean P. Conway. Pro-Tern , BY: \ Deput Clerk to the Board EXCUSED Julie A. Cozad rpr F EXCUSED a� Barb . ra Kirkmey r ., E, 4,4 County Attorney USED DATE OF APPROVAL F �.�! :�� Moreno Date of signature : VícW/ Fiek Ni 2016- 1087 PL1852 ATTENDANCE LIST DATE: f3�'//6o NAME - PLEASE PRINT LEGIBLY EMAIL ` ADDRESS CITY ST ZIP 3 b r+ en 0111 ( ' •5.2..• Lu-actici. , 13,_,1z7<z) Qz, ot. c- il :? v. cc) a t C ((lc" fr -c-4 �roltT t tor) it ✓n . 11 , 14.� _ Co/ ' halt , s SO 50_3 Ytini 'extAc4rie Yh , I ( ; ec , rni i1 i 14a-• C0 20 54-1 bK2-0-t\ � Ititl w l� ornfi2 �5V 5 bet 2 Ei k1/4 v-tvc i ID . ��'C--(3 ci a J g Rooky ;00n.2. ‘Sceo\buo)IN SaaclAii 7-- ' t `i(O Zct[ VtctM2 Ucc' r' oc ' 1 fl 4 jr / c A d-Are 5 z-� _r6; 6 ri&/i .de +-� 4 c 1 , CadltC4i// > (Cl / ( J 2Y `nl Yt ..bC .c (i ree(e Co Likke..3 I -fir le . V fl:_ ,r dia (jcen 6 rec.c et., C 0 be ce 3 I COLA la ` '61x. ; rz.6 ( tL :JO (` A,iNv2 Qt &arof iJ ,&i&V 1 11 1001 ) 1 . 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