HomeMy WebLinkAbout20141874.tiff HEARING CERTIFICATION
DOCKET NO. 2014-40
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PUD (PLANNED UNIT
DEVELOPMENT) FINAL PLAT, PUDF14-0001, TO VACATE LOT 9 (AGRICULTURAL
ZONED) OUT OF EDEN'S RESERVE PUD (S-500) - 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-Tem
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:
IR I hereby certify that pursuant to a notice dated May 1, 2014, and duly published May 6,
request in the Greeley Tribune, a public hearing was conducted to consider the of Mark
and Jacquelyn Eberl, for a Site Specific Development Plan and Amended PUD (Planned Unit
Development) Final Plat, PUDF14-0001, to vacate Lot 9 (Agricultural Zoned) out of Eden's
Reserve PUD (S-500). Brad Yatabe, Assistant County Attorney, made this a matter of record.
la Chair Rademacher advised the applicant, 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.
F Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal. He pointed out Lot 9, which has an emergency access off of CR 32, and he explained
the applicants would like an additional two-acre lot and residence on this property via a
Recorded Exemption. The site is in proximity to the City of Longmont and the Towns of Mead
and Firestone. A developed residential subdivision is immediately to the east of the property.
The covenants for the Eden's Reserve PUD were amended in 2012, to remove Lot 9 from the
covenant provisions; however, the applicants currently access their residence through Grace
Way, and there is a separate road maintenance agreement; staff has placed a note on the plat
that any future owners of this parcel would adhere to the Road Maintenance Agreement for
Grace Way. He further stated there is no Planning Commission hearing required for this
process, and Planning Services Staff recommends approval. El In response to Commissioner
Kirkmeyer, Mr. Gathman said Lot 9 is 63.9 acres, and explained that, although they were
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HEARING CERTIFICATION - MARK AND JACQUELYN EBERL (PUDF14-0001)
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recorded, Lot 9 did not fall under the covenants of the PUD. This discussion went further, and
Mr. Gathman explained the applicant's other options.
Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans and requirements. She noted that Condition of Approval #1.C can be
deleted, as it refers to the reservoir, which is no longer a part of this PUD.
lei Lauren Light, Department of Public Health and Environment, said Little Thompson Water
District provides water, the existing residence is on septic, and there are no outstanding issues.
e Mark Eberl said their intent is to sell the residence they are in now and build another one
for themselves on their farm. He said there was a mutual agreement with the rest of the
homeowners; Lot 9 was kept out of the covenant requirements because the zoning was
different. Mr. Gathman confirmed that an RE would be administrative and not come back before
the Board.
itEl In response to Commissioner Kirkmeyer, Mr. Eberl said the 9 lot subdivision has been
there since 1999, and all the lots were sold and built out. There was also a 10-year
conservation easement that ended in 2009.
IR Chair Rademacher opened the floor to public comment and none was forthcoming.
e The applicant expressed no concerns with the Conditions of Approval or Development
Standards.
in Commissioner Kirkmeyer said Condition of Approval #1.C should stay in to tie this to the
original PUD. There was discussion of outdoor storage and screening. Mr. Gathman said that
was part of the original PUD approval, so should not be taken out. Commissioner Kirkmeyer
said the current zoning (Agriculture) allows outdoor storage without screening. Mr. Gathman
said some of the notes pertaining to the original PUD are no longer relevant. Commissioner
Kirkmeyer said they still need to follow the spirit of the original PUD, and, since they are in a
rural-residential area, the outdoor storage should be screened. Mr. Eberl said they wanted the
Agricultural Zoning and the rights that go with that, such as keeping the tractors outdoors, which
won't be a substantial change, as they were already exempted from everything in the original
covenant. Mr. Eberl said every house in the Reserve is required by Mountain View Fire District
to have a fire sprinkler system. After discussion of Condition of Approval #1.A "the applicant
shall attempt to address the requirements of the Mountain View Fire District"; it was determined
the word "attempt" resolved the issue.
El In response to Chair Rademacher, Mr. Eberl indicated he has reviewed, and agrees to
abide by, the Conditions of Approval, as amended.
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HEARING CERTIFICATION - MARK AND JACQUELYN EBERL (PUDF14-0001)
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El Commissioner Freeman moved to approve the request of Mark and Jacquelyn Eberl for a
Site Specific Development Plan and Amended PUD (Planned Unit Development) Final Plat,
PUDF14-0001, to vacate Lot 9 (Agricultural zoned) out of Eden's Reserve PUD (S-500), 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, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:28 a.m.
This Certification was approved on the 30th day of June, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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