HomeMy WebLinkAbout20141534.tiff HEARING CERTIFICATION
DOCKET NO. 2014-34
RE: CHANGE OF ZONE, PUDZ14-0001, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
TWO (2) LOTS WITH E (ESTATE) ZONE DISTRICT USES - JOHN AND NANCY
FRITS
A public hearing was conducted on May 21, 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
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
Ell I hereby certify that pursuant to a notice dated April 9, 2014, and duly published April 14,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of John
and Nancy Frits, requesting Change of Zone, PUDZ14-0001, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for two (2) lots with E (Estate)
Zone District Uses. Brad Yatabe, Assistant County Attorney, made this a matter of record.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
including referral areas, location and surrounding land use, and entered the favorable
recommendation of the Planning Commission into the record as written. He said no referral
responses were received, and, given the small size of the development, the applicant has
requested, some of the criteria be waived, such as open space, the formation of an HOA, no
Improvement Agreement, no public access, no sign, etc. The applicant seeks to retain two
existing access points as gravel driveways to each residence. The Planning Commission
supported these requests.
IE Mr. Ogle stated one letter of objection was received from Anadarko Petroleum Corporation
regarding their subsurface minerals and, as Condition of Approval #1.D, "The applicant shall
either submit a copy of an agreement with the property's mineral owner/operators stipulating
that the oil and gas activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators." Mr. Frits provided a summary of their interactions, entered into the record as
Exhibit "D". Mr. Ogle said a representative from Anadarko stated he expects a surface
agreement to be completed in a week or so. He presented images of the site. le In response
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HEARING CERTIFICATION - JOHN AND MARY FRITS (PUDZ14-0001)
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to Commissioner Kirkmeyer, he said the applicant did not pursue a Recorded Exemption,
because of the code change in 2010; each lot will be 17 acres.
ID Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements, including accesses and traffic counts.
la Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. Water will be provided by the Longs Peak Water District.
e John Frits, applicant, stated he bought the property three years ago with his son-in-law
with the intent of building two houses, one for each family, but after the purchase the rules
changed, so the PUD process allows them to split the property 50/50. No public testimony was
offered concerning this matter.
O Commissioner Kirkmeyer referred to Condition of Approval #1.A; she asked if the Board
could waive the pavement requirement for the PUD, with the language "The Board of County
Commissioners waives the pavement requirement for the PUD." She then noted Condition of
Approval #1.C is in regard to a contractual matter (the mineral rights) and she doesn't feel the
County needs to be involved, it was deleted by assent of the Board. Condition of Approval
#2.H was deleted as non-relevant to this site. She wanted to make sure building permits are not
required for agricultural buildings, so the language 'any structure "except agriculture exempt
buildings",' was added to Condition of Approval #9.K. Mr. Ogle noted it is normal policy for the
Planning Department to review the final plat, as to Mr. Frits' request. la Chair Rademacher
asked if the requirement referring to land disturbance is even possible when doing construction.
Ms. Light confirmed that a dust complaint could be brought to the Board, so Condition of
Approval #2.F can be deleted as unnecessary. Commissioner Rademacher requested the
reference to landscaping prior to a building permit issuance, in criteria #2.6.6, be struck. Mr.
Ogle noted that requirement was waived, because the applicants' request was granted, and that
should cover it. Mr. Ogle said it could be struck from the text. El Mr. Yatabe suggested that a
section listing the specific waivers granted by the Board be added to the resolution, so it is clear
in the resolution as well as on the record. Commissioner Kirkmeyer suggested adding the
language "with the exception of Sections 27-2-20, 27-2-50, 27-2-60, 27-2-80, 27-6-90, 27-2-100,
and 27-2-165," as pertaining to the paved road, circulation, common open space, design
standards applicable to a true PUD, the building permit with regard to the landscape,
playgrounds, and signage, to Condition of Approval #1.T. criteria paragraphs #2.B.1, 2.6.3,
2.B.4, 2.6.5, 2.6.6, 2.B.7, and 2.6.8, pertaining to the Weld County Code requirements shall be
deleted. Done by assent of the Board. Chair Rademacher addressed the Weed Management
Plan, in Condition of Approval #6.E, noting that as this land is planted it is non-applicable; this
requirement was struck by assent of the Board. Mr. Carroll confirmed his standard statement
on noxious weeds will replace that language; the applicant accepted that change.
El In response to Chair Rademacher, Mr. Frits indicated they have reviewed, and agree to
abide by, the Conditions of Approval, as amended.
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El Commissioner Conway moved to approve the request of John and Nancy Frits requesting
Change of Zone, PUDF14-0001, from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for two (2) 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, with the direction that the final plat be
reviewed by the Department of Planning Services. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously. There being no further discussion, the hearing was
completed at 11:08 a.m.
This Certification was approved on the 28th day of May, 2014.
BOARD OF COUNTY COMMISSIONERS
��,,,// WELD COUNTY, COLORADO
ATTEST:deedNJ atc .arch;lie ` oO \Q `-
Douglas Rademacher, Chair
Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
• Barbara Kirkmeyero-Tem
BY: UD# ..- . .
Dep tr Clerk to the Board 'anwasir
4% Sean P.
Conway
4 •
.� �= Mike Free
♦' Uri
S r \ William . Garcia
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