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Home My WebLink About20141862.tiff HEARING CERTIFICATION DOCKET NO. 2014-39 RE: CHANGE OF ZONE, COZ14-0002, FROM THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT - MARK AND JACQUELYN EBERL A public hearing was conducted on June 25, 2014, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tern Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner William F. Garcia - EXCUSED Also present: Acting Clerk to the Board, Susan Brown Assistant County Attorney, Brad Yatabe Planning Department representative, Chris Gathman Public Works representative, Jennifer Petrik Health Department representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated May 1, 2014, and duly published May 6, 2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Mark and Jacquelyn Eberl, for a Change of Zone, COZ14-0002, from the PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. e Chair Rademacher advised the applicants, that, since Commissioner Garcia was not able to be present, he had the option of continuing this matter to a date with the full Board present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Garcia will listen to the record and make the determining vote. Mr. Eberl indicated he would like to proceed. e Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. This is in conjunction with the vacation of the PUD (Planned Unit Development) designation, which is required in order to change the zone to A (Agricultural). He proposed adding a note on the plat referencing the road maintenance agreement for Grace Way. He noted this will lot will be less than the minimum size for the A (Agricultural) Zone district, so a Development Standard to that effect is also necessary. cA1SY) VL(CC LIP)14(1.1-0 - - vF z0/q 2014-1862 PL1311 HEARING CERTIFICATION - MARK AND JACQUELYN EBERL (COZ14-0002) PAGE 2 0 Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation plans and requirements; CR 32 is maintained by the Town of Mead, and Condition of Approval #2.F, regarding an approved stormwater drainage easement may be deleted. le Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and reported no outstanding issues. El Chair Rademacher opened the floor to public comment and none was forthcoming. 0 Mr. Eberl addressed Condition of Approval #2.G.11, dealing with maintaining historical flow; he said the water has gone down to the Liberty Gulch for many years and farmers count on some of that stormwater. Chair Rademacher said those farmers have probably filed on their right to use that water. After further discussion, Mr. Gathman confirmed that could be deleted, which was done by assent of the Board. El Mr. Ebert confirmed there is a utility easement on the property. Mr. Gathman confirmed that when amending a final plat going before the Utility Board is required. The Board agreed that Condition of Approval #2.F should be deleted because there is no stormwater drainage easement. Commissioner Kirkmeyer suggested the deletion of Development Standard #2.G.4, which requires they must get their water from Little Thompson Water District, because that regulation does not apply to an agricultural property, and they could potentially drill a well, and Condition of Approval #2.O.5 because this is no longer a subdivision. These were deleted by assent of the Board. Condition of Approval #2.G.6 regarding landscaping, #2.G.10, regarding access to the property, and #2.G.11, regarding historical flow, were deleted by assent of the Board as unnecessary. Chair Rademacher noted that Conditions of Approval #2.G.13 and #2.H were already taken off. El Mr. Gathman read new language for the Condition of Approval #2.G.4, "The Board of County Commissioners approved the waiver of the minimum lot size in the A (Agricultural) Zone District as specified in Section 23-3-50A.1 of the Weld County Code on June 25, 2014." This is because a minimum lot size in the A (Agricultural) Zone is 80 acres. e In response to Chair Rademacher, Mr. Eberl indicated he has reviewed, and agrees to abide by, the Conditions of Approval as amended. le Commissioner Kirkmeyer moved to approve the request of Mark and Jacquelyn Eberl for a Change of Zone, COZ14-0002, 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 Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. 2014-1862 PL1311 HEARING CERTIFICATION - MARK AND JACQUELYN EBERL (COZ14-0002) PAGE 3 This Certification was approved on the 30th day of June, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESTCd , ,/ .tA 41(cis ade 2r �a1.oe.� ��// . toy ademacher, Chair Weld County Clerk to the Board Barbara Kirkmeye , Pro- A: BY: \. . . ! � 1in . ! /..•�: • rte•. , :i - \ De. �,'Clerk to the Boar• �' �� , ,_ ' 4 }�!j5t�: ter` P. Conway 442 t: Freeman CUSED William F. Garcia 2014-1862 PL1311 f c 1 i ul �. , ;'` 9 V r, b^• J ;' .• L1 ti �, to rvi r ti 1 � o ,n c , ,, x c z F ao ). jm _' in S MSi & \'` , n� �' N J GL N q, ti •N �� O © M a s , O 4n r �5mf1 c� c , N N ry r( -`. N z' ti --,:3 CO f S 4.1 L Lt wa- , ,i ,)IO2c --).'4 '''t_ CrJ w '0 S Z S 1 -Q En 1 ! \ ,L N u Y a \ d Z - -� s- pi -`T •t c z l� i Hello