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Home My WebLink About20081461.tiff HEARING CERTIFICATION DOCKET NO. 2008-32.A RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1129, FOR EIGHT (8) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, ALONG WITH 7.071 ACRES OF OPEN SPACE - THE HOME RANCH, LLC, C/O CHRISTOPHER SERBOUSEK A public hearing was conducted on May 14, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tern - EXCUSED Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Lauren Light Public Works Department representative, Don Dunker The following business was transacted: I hereby certify that pursuant to a notice dated April 4, 2008, and duly published April 9, 2008, in the Fort Lupton Press, a public hearing was conducted on April 23, 2008, to consider the request of The Home Ranch, LLC, c/o Christopher Serbousek, for a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1129, for eight(8) residential lots with E(Estate)Zone uses, along with 7.071 acres of open space. At said hearing, at the request of the applicant, the Board deemed it advisable to continue the matter to May 14, 2008,to allow the applicant adequate time to submit additional information to the Department of Public Works for review. On May 14, 2008, Bruce Barker, County Attorney, made this a matter of record, and advised the applicant's representative, Christopher Serbousek, 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 Masden will listen to the record and make the determining vote. Mr. Serbousek indicated he would like to proceed today. 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. He stated the site is located north of County Road 74, east of County Road 15, adjacent to the municipal limits for the Town of the Windsor, and one-quarter mile west of Valley View Ranch Planned Unit Development (PUD). He stated the Town of Windsor recommends denial of the application and has requested that the applicant apply for annexation,which was the same request at the Change of Zone hearing; however, the site is located outside of the Urban Growth Boundary for the Town of Windsor. He further stated sewer service is approximately 2.5 miles from the site, and he displayed the placement of the site on the map provided, indicating the site is adjacent to County Road 74, on Lot A of Recorded Exemption#4545. He indicated a portion of the detention pond for the development will be located on Lot B of Recorded Exemption #4545, which is owned 2008-1461 PL1920 ga. Pt,/ J �t © --(X, HEARING CERTIFICATION - THE HOME RANCH, LLC, C/O CHRISTOPHER SERBOUSEK (PF#1129) PAGE 2 by the applicant. He stated thirteen referral agencies reviewed the request, ten have provided comments which have been addressed within the Conditions of Approval, and no correspondence has been received from surrounding property owners. He further stated the site is located within the three-mile referral area for the Towns of Windsor and Severance, and is within one-half mile of existing sewer service provided by both municipalities. Mr. Gathman stated the site will be served by the North Weld County Water District, and septic systems will handle the effluent flow. He stated the Change of Zone was approved as a Conceptual Plan on September 5, 2007, due to the requirement of widening County Road 74 to incorporate an eastbound turn lane for entrance into the development, and potential relocation of the detention pond. He further stated the necessary issues have been resolved, and clarified the access point on County Road 74 will be partially located on the property to the east; however, the applicant has provided a shared easement deed and agreement. He stated the applicant has satisfied the cash-in-lieu of land dedication requirement, therefore, Condition of Approval #1.P may be deleted. In response to Commissioner Rademacher, Commissioner Long indicated the letter provided by the Town of Windsor requests denial of the Change of Zone, however, no recommendations for the Final Plan application are indicated. Mr. Gathman clarified the Town of Windsor may have mistakenly referred to the application as the Change of Zone, instead of the Final Plan; however, the letter received is identical to the previous letter received in response to the Change of Zone application. Commissioner Long indicated it appears that the Town of Windsor does have full knowledge of the matter; however, the letter essentially gives no recommendation. Mr. Gathman indicated no response was received from the Town of Severance. Lauren Light, Department of Public Health and Environment, stated water service to the site is provided by the North Weld County Water District, and the applicant has provided a Water Service Agreement. She indicated the lots will be served by septic systems, and the overall density is 4.3 acres per septic system, which meets the minimum requirements, therefore, the Department does not have any concerns. She clarified Condition of Approval#1.E addresses the requirements of the Department, which includes the necessary final notes to be placed on the plat. Don Dunker, Department of Public Works, stated County Road 74 is classified as a strategic roadway, and the average daily traffic count is approximately 9,000 vehicle trips per day. He indicated the applicant's engineer has provided adequate documentation regarding stormwater swales, and the safety and stability of the pond. He further stated if the applicant elects to create a second phase of development to the north, the pond will only require minor modifications since all off-site waters are safely conveyed through the site. Mr. Dunker stated an early grading permit was released for the site, and the site grading has begun. He stated irrigation pipes have already been installed, so that the delivery of irrigation water is not interrupted. He clarified the interior roadway will be maintained by the Homeowners' Association, and the Department does not have any concerns. Mr. Serbousek represented the applicant and stated the site grading has been completed, and most of the remaining improvements will be completed by Connell Resources, including the waterline and road improvements. He indicated he is employed within the landscaping business, and the landscaping on the site will be completed once the other improvements are completed. 2008-1461 PL1920 HEARING CERTIFICATION - THE HOME RANCH, LLC, C/O CHRISTOPHER SERBOUSEK (PF #1129) PAGE 3 In response to Commissioner Rademacher, Mr. Serbousek indicated he did not petition for annexation to the Town of Windsor. He clarified he has attended the meetings held by the Town of Windsor, regarding the annexation request, and the Town's objection to the development concerns sewer service. He further clarified the Town is requesting that the development be postponed until sewer service is available at the property; however, the Town is not able to provide a specific timeline for when the sewer service will be available. He stated if he were to complete the annexation process, houses would not be allowed to be constructed since the Town does not make any exceptions for the utilization of septic systems. He indicated it is not feasible at this time to complete an annexation agreement with the Town of Windsor, and he believes the referral letter sent was a carbon copy of the previous letter sent in response to the Change of Zone application. In response to Chair Jerke, Mr. Serbousek indicated the municipal limits for the Town of Timnath are over one mile away. No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Serbousek indicated he has reviewed, and concurs with, the Conditions of Approval. Mr. Gathman reiterated his request for the deletion of Condition of Approval #1.P, and the Board concurred with the deletion. He corrected his previous statement and clarified a referral response was received from the Town of Severance, indicating no conflicts with the development and supporting the expansion of County Road 74. Commissioner Long moved to approve the request of The Home Ranch, LLC, c/o Christopher Serbousek, for a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1129, for eight (8) residential lots with E (Estate) Zone uses, along with 7.071 acres of open space, based on the recommendations of the Planning staff, with the Conditions of Approval as entered into the record, including the deletion of Condition of Approval #1.P. The motion was seconded by Commissioner Garcia,and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. 2008-1461 PL1920 HEARING CERTIFICATION - THE HOME RANCH, LLC, C/O CHRISTOPHER SERBOUSEK (PF #1129) PAGE 4 This Certification was approved on the 19th day of May, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Lid illiam H. Jerke, Chair Weld County Clerk to th oa �C+-':LI %V -. '�, XCUSED Robert D. Masden, Pro-Tem Deputy Cler to the Board -- Will F. Garcia OCT David E. Long ek)otkafee-s1L.41.44,-, Douglas Raffemacher 2008-1461 PL1920 EXHIBIT INVENTORY CONTROL SHEET Case PF #1129 - THE HOME RANCH, LLC, CIO CHRISTOPHER SERBOUSEK Exhibit Submitted By Exhibit Description A. Clerk to the Board Notice of Hearing (Filed under Legals) B. Planning Staff Letter of Understanding re: Lake Lee Lateral Irrigation culvert, dated 05/08/2008 C. Planning Staff Certification and photo of sign posting D. E. F. G. H. J. K. L. M. 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