HomeMy WebLinkAbout20142894.tiff HEARING CERTIFICATION
DOCKET NO. 2014-69.B
RE: GRANT CHANGE OF ZONE, PUDZ14-0002 FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 16
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, ALONG WITH ONE (1) ACRE
OF OPEN SPACE AND A 0.06 ACRE OUTLOT - GODDARD INVESTMENTS, LLC,
C/O PANORAMA ESTATES, LLC
A public hearing was conducted on October 8, 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, Chris Gathman
Public Works representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated July 24, 2014, and duly published July 29,
2014, in the Greeley Tribune, a public hearing was conducted on September 24, 2014, to
consider the request of Goddard Investments, LLC, do Panorama Estates, LLC, for a Change
of Zone, PUDZ14-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for 16 Residential Lots with E (Estate) Zone Uses, along with one
(1) acre of Open Space and a 0.06 acre outlot, at which time the Board continued the matter to
October 8, 2014, to grant the applicant's request for a hearing to take place with a full quorum of
the Board. Brad Yatabe, Assistant County Attorney, made this a matter of record.
Further, a public hearing was conducted on October 8, 2014, to consider the aforementioned
matter in the presence of a full quorum of the Board of County Commissioners, as requested.
Brad Yatabe, Assistant County Attorney, again made this a matter of record.
El 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. The site is located within the three-mile referral area of the Towns of
Firestone and Frederick, and Firestone would like to discuss annexation. Mr. Gathman stated
access will be at the northern edge of the property, and he reviewed surrounding land use. He
noted that one call was received from a home owner in the Enchanted Hills Subdivision, who
was worried that this PUD would trigger paving in his neighborhood, but those concerns were
allayed. A letter was received from Sater Family Interests, LP/LLC (there is a private concrete
ditch that runs along the east side of the property) requesting a Condition of Approval requiring
an engineered crossing of the ditch, that any damage to the ditch be recorded, and no
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HEARING CERTIFICATION - GODDARD INVESTMENTS, LLC, CIO PANORAMA ESTATES,
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interference to the flow of water or headgates. One waiver was requested from the E (Estate)
Zone District requirements; Lot 16 will be less than 2.5 acres in size. In addition, the applicant
is requesting a waiver of the 15 percent open space requirements. Mr. Gathman reported that
staff felt there should be some open space and a good faith effort to meet that 15 percent
requirement. There are two drainage easements, and staff recommends these can be
designated open space, which will get them to around six (6) percent. The applicant has
modified the plat to indicate oil and gas setbacks, the internal road will have a 60-foot right-of-
way, and they requested this be approved as a conceptual plan, with a final plan to be brought
back before the Board at a later date. The applicant proposes a 20-foot emergency access off
of CR 129.5, and there will be curbs, gutters and sidewalks, and a new drainage report will be
submitted with minor changes. Mr. Gathman reviewed pictures and maps.
El Wayne Howard, Department of Planning Services, provided a brief overview of the
transportation plans and requirements. The main access will be off of CR 17; that permit is still
under review by Public Works. He described the internal roadway and said the drainage report
is being modified accordingly, and will need staff approval, and an Improvements Agreement
has been requested.
IR Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. Central Weld Water will provide water and individual septic systems will meet
requirements. In response to Commissioner Kirkmeyer's question about Condition of Approval
#1.E.8, Ms. Light said this is a standard note on every plat not to build or plant on their leach-
field; however, she confirmed it should be a recommendation, not a requirement.
Sheri Lockman, representing the applicant, reviewed the project, and said they were
unsuccessful working towards a formal agreement with the oil and gas interests. In regard to the
ditch that crosses the property, she said they will work with the ditch company and cited emails
from them indicated their concerns have been addressed. She confirmed the second easement
is only meant for emergency vehicles and oil and gas access. Ms. Lockman said the applicants
are requesting a waiver of Condition of Approval #1.0.8, regarding open space, reasoning any
additional space would not be used by the homeowners and would be a burden to maintain.
This site is adjacent to the Town of Firestone and another subdivision, Enchanted Hills, and the
area is agricultural in nature. They chose to proceed with larger (medium density) lots, to be
consistent with the area. Each lot is of sufficient size for recreational activities.
Tommy Raye, business partner in Panorama Estates, gave a brief history of this project.
He told the Board he was looking for a five-acre lot in Weld County for himself; they are hard to
find, and this is a gently sloping site so every lot will have a view of the Continental Divide. He
explained they are asking for an exemption from the open space regulation because it would be
better to fence the area for grazing, as then it would be maintained by those using it for that
purpose.
E One surrounding property owner stated she has enjoyed the open space for six years and
watching wildlife use that land, and whatever open space still exists should be preserved. She
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said she would like to see that regulation kept and also expressed concern about the safety of
increased traffic on dirt roads and the increased dust.
El In response to Commissioner Conway, Mr. Howard confirmed the ADT on CR 17 was 45
cars per day, taken in 2008. Ms. Lockman addressed the Improvements Agreement and said
magnesium chloride will be applied to the road as they will meet the trigger of a 200 ADT. The
anticipated traffic was discussed further.
EJ Commissioner Garcia noted that public and private open space is called out in the
comprehensive plan, and he understands that there limitations with this particular PUD, the
property in question will not be used, and the population density is low.
▪ Commissioner Kirkmeyer said Condition of Approval #1.C, regarding the New Coal Ridge
Ditch, should remain on the plat, but the language should change to "shall attempt to address,"
and it is in the record this has been met.
El In regard to Condition of Approval #1.D.8, the easements need to be on the plat. Drainage
easements are always shown on the Change of Zone plat, so this is an error (unless they are
designated as open space), and it was deleted by assent of the Board. Commissioner
Kirkmeyer noted that open space in Weld County looks like pasture land, and because of the
septic requirements that land will not be built on anyway. Mr. Gathman proposed adding a
Condition of Approval #1.D stating the applicant shall attempt to address the concerns stated in
a letter from the Sater Family Partnership, dated September 24, 2013, in regard to a privately
owned ditch. Commissioner Kirkmeyer expressed that she was not in favor of that, since this is
an issue between two property owners, and Commissioner Freeman concurred.
• Mr. Gathman suggested modifying Condition of Approval #1.D.4 to state "All approved
accesses shall be shown, along with the approved access permit number," which was done by
assent of the Board.
El Commissioner Kirkmeyer suggested the deletion of #1.B, regarding the oil and gas
interests, as it is between two private property owners. Mr. Gathman confirmed #1.D has been
deleted; however, that language regarding working with the Mountain View Fire Protection
District should be added as #4.A (prior to recording the final plat).
El In regard to Condition of Approval #1.D.4, one access was confirmed. Commissioner
Kirkmeyer stated Condition of Approval #1.E.8 should be a recommendation and not be
prohibited; this was changed to "on the surface shall not affect the system." Condition of
Approval #2.B was similarly changed, by consent of the Board. Condition of Approval #2.E was
deleted as redundant to#2.F.
▪ Mr. Gathman said staff is now satisfied with the conceptual plan as a specific development
guide, and will deal with the final plans, which will be placed in the resolution to provide staff
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direction to administratively review the final plat. The Board concurred as to deleting the last
sentence under Criteria Paragraph #2.H, which called for the Board to review the final plan.
El In response to Chair Rademacher, Ms. Lockman indicated she and the applicant have
reviewed, and agree to abide by, the Conditions of Approval, as amended.
El Commissioner Kirkmeyer moved to approve the request of Goddard Investments, LLC, do
Panorama Estates, LLC, for a Change of Zone, PUDZ14-0002, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for 16 Residential Lots with
E (Estate) Zone Uses, along with one (1) acre of Open Space and a 0.06 acre outlot, based on
the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval as 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
10:59 a.m.
This Certification was approved on the 15th day of October, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: OC# G( ,,.,/ . EXCUSED DATE OF APPROVAL
6 `�•�o Douglas Rademacher, C it
Weld County Clerk to the Board
(1 40 arbara Kirkmeyer, Pr -Tem
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De t Clerk to the oard, Ell .P.a% Sean P. Conway
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