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HomeMy WebLinkAbout20141591.tiff HEARING CERTIFICATION DOCKET NO. 2014-33 RE: AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY KNOWN AS PF-567) TO RECONFIGURE TRACT A INTO TWO (2) RESIDENTIAL BUILDING PARCELS AND TO RECONFIGURE LOT 1 TO CREATE TWO (2) ADDITIONAL RESIDENTIAL BUILDING PARCELS AND TO RECONFIGURE EXISTING OPEN SPACE FOR COYOTE RUN PUD, A 9-LOT RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH E (ESTATE) ZONE USES - MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC A public hearing was conducted on May 28, 2014, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED 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: I hereby certify that pursuant to a notice dated May 6, 2014, and duly published May 9, 2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Mark and Suzy Zigray, and Peter Hyland, M.O.W. Investments, for an Amendment to a PUD Final Plat, PUDF12-0002, (formerly known as PF-567) to reconfigure Tract A into two (2) residential building parcels and to reconfigure Lot 1 to create two (2) additional residential building parcels and to reconfigure existing open space for Coyote Run PUD, a 9-Lot residential Planned Unit Development with E (Estate) Zone. Brad Yatabe, Assistant County Attorney, made this a matter of record. Ei Chair Rademacher advised Pete Hyland, applicant, that, since Commissioner Kirkmeyer 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 Kirkmeyer will listen to the record and make the determining vote. Mr. Hyland indicated he would like to proceed. le Kim Ogle, 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; the applicant is seeking to amend the PUD to create four additional residential parcels. He noted the Town of Windsor had no comment, and the Town of Severance had no objections. The Utility Board provided comments and recommendations which have been incorporated, as CC'.CR(BY)PLO(be)yL(Ko)µ.(LI") z011 2014-1591 PL1584 HEARING CERTIFICATION - MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS (PUDF12-0002) PAGE 2 well as the comments of three referral agencies. He reviewed surrounding land use and code requirements, and he showed images of the surrounding area and the proposed development. G Don Carroll, Department of Public Works, provided a brief overview of the transportation plans and requirements, including location (just north of Severance), and traffic counts. Mr. Carroll noted that the three accesses: Jazz Road off County Road 21, Coyote Run Drive, and Coyote Ridge Drive, will all be privately maintained by the HOA. One new access point was granted off of County Road 76.5, at the extension of Coyote Ridge Drive. The road system is in place at both locations. e Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions: North Weld County Water District will provide water to the subdivision, they will be putting in septic systems, and there are no outstanding concerns. Mr. Hyland stated the project was started in 2003, the parcels are not agricultural, even though they are zoned that way, so this is a perfect use for this site. e Dr. James Barrington, surrounding property owner to the south, said growth in this area is inevitable. He said he has been acquainted with the Hylands for many years and he has full confidence they will do a good job and increase his property value, and, as the closest neighbor, he welcomes this project. El Chair Rademacher addressed criteria paragraph #2.B.3 regarding animals per unit, and Mr. Ogle said the applicants are asking for a variance of two per acre, versus two per lot. He noted the Conditions of Approval which have been met, and Condition of Approval #2.K was also discussed. In response to Chair Rademacher, Mr. Ogle confirmed that forming an HOA, Condition of Approval #2.R, is a code requirement for a PUD. Mr. Carroll agreed #2.W should be updated to the new standard weed language: "Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant and to Section 15-1-180 of the Weld County Code." El In response to Chair Rademacher, Peter Hyland indicated he has reviewed, and agrees to abide by, the Conditions of Approval, as amended. IP Commissioner Conway concurred with the earlier public comment. He said Mr. Hyland is a fixture in the community, and he believes this development will be done in a professional and quality way. El Commissioner Conway moved to approve the request of Mark and Suzy Zigray, and Peter Hyland, M.O.W. Investments, for an Amendment to a PUD Final Plat, PUDF12-0002, (formerly known as PF-567) to reconfigure Tract A into two (2) residential building parcels and to reconfigure Lot 1 to create two (2) additional residential building parcels and to reconfigure existing open space for Coyote Run PUD, a 9-Lot residential Planned Unit Development with E (Estate) Zone Uses, with the Conditions of Approval as amended and entered into the record. 2014-1591 PL1584 HEARING CERTIFICATION - MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS (PUDF12-0002) PAGE 3 The motion was seconded by Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing was completed at 10:23 a.m. 2014-1591 PL1584 HEARING CERTIFICATION - MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS (PUDF12-0002) PAGE 4 This Certification was approved on the 2nd day of June, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Wadedvti �C \m� �(Q g rLEA. `" '� ougljas Radem cher, Chair Weld County Clerk to the Board EXCUSED • Barbara Kirkmeyer, Pro-Tern BY: ( G.d ri-Pahcb De tVClerk to the Board Sean P. Conway • q►y- �,,T Free' ,-t 4CP qs,,_- �Pliam F. Garcia 2014-1591 PL1584 Hello