HomeMy WebLinkAbout20090032.tiffHEARING CERTIFICATION
DOCKET NO. 2008-97.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN,
MF#1025, FOR EIGHT (8) LOTS- PEACE HAVEN ESTATES IN THE A (AGRICULTURAL)
ZONE DISTRICT - ROBERT L. PARSONS LIVING TRUST
A public hearing was conducted on February 18, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner David E. Long
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated December 5, 2008, and duly published
December 12, 2008, in the Greeley Tribune, a public hearing was conducted on December 31,
2008, to consider the request of the Robert L. Parsons Living Trust for a Site Specific Development
Plan and Minor Subdivision Final Plan, MF #1025, for eight (8) lots - Peace Haven Estates. At said
hearing, the Board deemed it advisable to continue the matter to February 18, 2009, at the
applicant's request, to allow additional time to address an alternative to the required school impact
fee with Windsor School District RE -4. On February 18, 2009, Bruce Barker, County Attorney,
made this a matter of record. Chair Garcia advised the applicant, Robert Parsons, that he has the
option of continuing the matter to a date when the full Board will be present. However, if he
decides to proceed today, the matter will require three affirmative votes, or in the case of a tie vote,
Commissioner Conway will listen to the record and make the determining vote. Mr. Parsons
indicated he would like to proceed today.
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. He
stated the site is known as Peace Havens Estates, the Change of Zone was approved on June 27,
2005, and the site is located east of County Road 19, and south of County Road 84. He indicated
the site is within the three-mile referral area for the Town of Severance, which did not respond to
the Final Plan referral; however, the Town indicated no conflicts within the Change of Zone referral
response. He stated the site is not considered to be prime agricultural land, since there is no
irrigation water on the site, and the property is relatively small with significant topography to the
southwest. He further stated the physical encumbrances on the property include the Larimer
County Canal water supply and storage, and an overhead transmission line which is adjacent to
County Road 84. He indicated the residential lots will be served by the North Weld County Water
District, septic systems will handle the effluent flow, and the internal access road on the site will be
oc-.Pz, Pte,
2009-0032
/ 941784
O3/77/09
HEARING CERTIFICATION - ROBERT L. PARSONS LIVING TRUST (MF #1025)
PAGE 2
named Peace Haven Way, which will not be paved, nor maintained by the County. He confirmed
the Utilities Coordinating Advisory Board reviewed the utility plans, and the recommendations of
the Board have been incorporated into the Resolution. He stated fourteen referral agencies
reviewed the application materials, eleven provided comments which have been addressed within
the Conditions of Approval, and there have been no letters or telephone calls from surrounding
property owners. Mr. Ogle displayed photographs of the site and the surrounding area. In
response to Chair Garcia, Mr. Ogle confirmed the item of concern noted by the Sheriffs Office,
regarding the bus shelter, is an outstanding item which is addressed within the Resolution.
Lauren Light, Department of Public Health and Environment, stated the North Weld Water District
will provide water service to the site, and the file contains a copy of the draft agreement. She
further stated each lot will utilize a septic system, and the overall density is one septic system per
6.1 acres, with a minimum lot size of four acres, which meets the overall requirements. She
indicated previous percolation tests indicated that conventional septic systems will be adequate;
however, each lot will have additional testing at the time of construction. She confirmed the
Department does not have any outstanding concerns with the application materials.
David Snyder, Department of Public Works, stated the site is adjacent to County Roads 84 and 19,
which are both gravel roads and are maintained by the County. He stated the average daily traffic
count for County Road 84 is approximately 99 vehicles, and 154 vehicles for County Road 19. He
confirmed the Department does not have any outstanding concerns.
Mr. Parsons stated he would like to receive final approval of the Final Plan application; however,
due to the recent economic situation, he will hold off on completing any of the improvements on
the site for approximately one to two years, until economic conditions improve. He clarified he
understands he can request an extension of his plans through a written letter to the Board. In
response to Chair Garcia, Mr. Barker indicated standard language regarding this issue is usually
included as a Development Standard. In response to Mr. Barker, Mr. Ogle indicated the applicant
intends to record the plat in a timely manner; however, he is requesting that the necessary
collateral to be provided for the improvements on the site be deferred for a period of one year or
more. He clarified the Department supports the applicant's request, and the parcels will be locked
so that no new development may occur until the appropriate collateral is provided. Responding to
Chair Garcia, Mr. Barker confirmed it is necessary to add language to the Resolution, and he
suggested the language be added as Condition of Approval #5. Chair Garcia instructed Mr. Ogle
to draft the proposed language to be inserted as Condition of Approval #5.
In response to Chair Garcia, Mr. Parsons stated a bus shelter will be provided on either Outlot B
or C, and the shelter will be located in close proximity to the access drive. He further stated a
cluster mailbox for mail delivery will also be located on one of the outlots. Further responding to
Chair Garcia, Mr. Parsons confirmed Windsor School District RE -4 has agreed that the building
permits for the lots may not be approved until the cash -in -lieu fee is provided to the District, and
a receipt is provided to the Department of Building Inspection. He indicated the arrangement was
facilitated by Tom Honn, Director of Planning Services, and he concurs with the arrangement.
No public testimony was offered concerning this matter.
2009-0032
PL1784
HEARING CERTIFICATION - ROBERT L. PARSONS LIVING TRUST (MF #1025)
PAGE 3
Responding to Commissioner Rademacher, Mr. Snyder indicated the detention pond will be located
adjacent to the Larimer County Canal, and a Ditch Agreement has been provided. He further
confirmed the runoff collected within the pond will be released into the ditch at historic release
rates.
Mr. Ogle suggested Condition of Approval #5 be added to state, "The applicant shall provide a
letter requesting that the required collateral be deferred until such time an application is submitted
for the grading permit. All collateral for improvements, including dust control, future paving, and
on -site improvements, shall be submitted prior to issuance of the grading permit." In response to
Chair Garcia, Mr. Parsons indicated he concurs with the proposed language, and the Board
concurred with the additional language, as presented by Mr. Ogle.
In response to Chair Garcia, Mr. Parsons indicated he has reviewed, and concurs with, the
Conditions of Approved, as modified.
Commissioner Rademacher moved to approve the request of the Robert L. Parsons Living Trust
for a Site Specific Development Plan and Minor Subdivision Final Plan, MF #1025, for eight (8)
lots - Peace Haven Estates, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record. His motion included the
addition of Condition of Approval #5 to state, "The applicant shall provide a letter requesting that
the required collateral be deferred until such time an application is submitted for the grading permit.
All collateral for improvements, including dust control, future paving, and on -site improvements,
shall be submitted prior to issuance of the grading permit." The motion was seconded by
Commissioner Long, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:25 a.m.
2009-0032
PL1784
HEARING CERTIFICATION - ROBERT L. PARSONS LIVING TRUST (MF #1025)
PAGE 4
This Certification was approved on the 23rd day of February, 2009.
APPROVED:
ATTEST:
Weld County Clerk t
BY -
Deputy Cle to the BoEXCUSED
BOARD OF COUNTY COMMISSIONERS
WELD COUY, COLORADO
he i'LL
Douglas/Rademacher, ro-Tern
Se qp P. Conway
,ara Kirkmey
David E. Long
2009-0032
PL1784
EXHIBIT INVENTORY CONTROL SHEET
Case MF #1025 - ROBERT L. PARSONS LIVING TRUST
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 12/02/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Request from Applicant for Continuance,
dated 12/31/08
F. Planning Staff Certification and photo of sign posting
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF DECEMBER, 2008:
V
J
J (I)
• M
F ~
W Z
a5
O • J
0-V)
Z
40
2y
)
=a
2
_
WW
N W
O re
• ai
on
N N
I-
II) I
O • 0
O O
PLEASE legibly write or print your name and complete address.
123 Nowhere Street, City, State, Zip
cJ
V
3
q
L
,11
tJ
i
ci
Cl)
V)
W
0
h
0
"l
Q
N
NAME
John Doe
N
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF FEBRUARY, 2009:
ca
Y N
V ..
2 'o
W c▪ o
O
w d
0 Q'
LL a.
u. O u
Z .a OI W Qt
O a.a R
y I— < t
z 15
Oco� T
< z O c
CO al C0a W
z 0.UJ
w `o
,m m
Q ,
r al
000 .
# 0 N 0
W
y
00O W
O 00 _I
O OO 0.
ADDRESS
123 Nowhere Street, City, State, Zip I
s
z
�
•
is
ticc,),
�
U'
tL
ki
k
'6
(3
T
\
O
(`'
n
,
Oa
Dt's%.
5
kcatJ
N3
J
31
tn
(1v
1st
J
CI
—
A
c"n
co
co,
at
'
—
NAME
IJohn Doe
0
CI
J
Oc
1
LZ
C
1
II
_
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF FEBRUARY, 2009:
Y
C)
E2
w
C3
L
LL
LL
0
Z
I- W
O 0.
z 3
0 co
rQoo
I(U) W
W a m
Z R W
Q aco
4
0)r
th
0• 00
CV CV
( N 4*
YYY
000
PLEASE legibly write or print your name and complete address.
ADDRESS
123 Nowhere Street, City, State, Zip
^(0o
Al
1-—
g,.
M�
r?)
(5)1'
I
.�.
a'
,
s'
j
.;
c6
A
A‘5
c
S
1(04 -ii ' A..„Lltaurj PCootttoitl
S
lc+-
i
I•
�`
q
N
1
tt
a
�3
�..
m
1
`t
CiJ
•
fA�
•4
U
in
M
J
A
N
V
John Doe
t
S
o
lj
\'A
�
Dom\
p
k
Z
S
S
'
`
9CA
fl
Hello