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Home My WebLink About20061965 HEARING CERTIFICATION DOCKET NO. 2006-49.A RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1090, FOR 24 RESIDENTIAL LOTS AND 9.7 ACRES OF OPEN SPACE - EAGLE VIEW FARMS, LLC A public hearing was conducted on October 4, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tern Commissioner William H. Jerke - TARDY Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Jenny Luna Assistant County Attorney, Cyndy Giauque Planning Department representative, Chris Gathman Health Department representative, Pam Smith Public Works representative, Drew Scheltinga The following business was transacted: I hereby certify that pursuant to a notice dated July 7, 2006,and duly published July 12,2006, in the Fort Lupton Press, a public hearing was conducted on July 26, 2006, to consider the request of Eagle View Farms, LLC,for a Site Specific Development Plan and Planned Unit Development Final Plan, PF #1090, for 24 residential lots and 9.7 acres of open space, at which time the Board deemed it advisable to continue the matter to October4,2006,to allow additional time for additional engineering review regarding the Ogilvy Inlet Ditch. At said hearing on October 4, 2006, Cyndy Giauque, Assistant County Attorney, made this a matter of record, and advised the applicant's representative, Robb Casseday, Casseday Creative Designs, LLC, 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, it will require three affirmative votes, or in the case of a tie vote, Commissioner Jerke will listen to the record and make the determining vote. Mr. Casseday indicated he would like to proceed today. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, gave a brief description of the location of the site, and stated the surrounding properties are agricultural and residential in nature. He stated thirteen referral agencies reviewed the application, and no letters of opposition have been received from surrounding property owners. (Commissioner Jerke is now present.) Mr. Gathman stated two under drain pipes currently run underneath the property and drain to the east of the site; the applicant has indicated that the under drains will be relocated to the north end of the property; and an easement will be placed on Outlot A for the placement of the under drain. He stated the applicant is also proposing to place landscaping berms within the 20-foot easement owned by Duke Energy along the northern end of the PUD. He stated the Ogilvy Ditch is located along the western edge of the property,and significant erosion issues with the ditch may encroach into the Planned Unit Development. He further stated staff originally forwarded a recommendation 2006-1965 PL1823 PL AM) /16.-- ii---ab -06 HEARING CERTIFICATION - EAGLE VIEW FARMS, LLC (PF#1090) PAGE 2 of denial to the Board,due to a lack of evidence of approval of agreements with Duke Energy. He stated evidence of an agreement regarding relocation of the under drain was not submitted, and a finalized agreement was not in place with the Ogilvy Irrigating and Land Company,addressing the future erosion of the ditch. Mr. Gathman stated the applicants have since provided a letter dated September 29,2006, in which the surrounding property owner agrees to the ability of the applicant to realign and reinstall the drainage pipes. He stated another letter, dated October 2, 2006, was received from Duke Energy, and the company states no objections to the provided Landscaping Plan. He further stated the applicant has forwarded a letter, dated October 2, 2006, signed by the president of the Ogilvy Irrigating and Land Company. The letter states the company has reviewed and approves of the final construction plans and Final Plat, as long as the applicant will agree to provide an additional 15-foot easement along the western side of the property, and the detention pond is reconfigured. He stated the easement will decrease the size of Lots 7, 8, 9, and 12,which are adjacent to the easement. He further stated staff does not have full-scale construction and drainage drawings, or a full-scale PUD plat drawing reflecting the proposed changes;therefore, a complete review by the Departments of Public Works and Planning Services has not been completed. Mr.Gathman stated the applicant has indicated that an easement agreement with the Ogilvy Irrigating and Land Company is in the process of negotiations; however,a signed agreement has not been submitted. In response to Chair Geile,Mr.Gathman stated the initial recommendation of denial no longer applies,and the Department of Planning Services recommends approval based upon the information received. He stated an outstanding item exists to ensure the easement agreement with Ogilvy Irrigating and Land Company is finalized. Responding to Commissioner Jerke,Mr.Gathman stated the PUD is north of Seeley Lake,and there are no other PUD's within the immediate vicinity of the property. Pam Smith, Department of Public Health and Environment,stated the lots will utilize conventional septic systems, and the lots along the Greeley#2 Canal have a shallow groundwater table, and one of the lots has a high percolation rate. She stated no problems are expected with the septic systems since the lots are large in size,and septic envelopes will be placed on the lots. Ms.Smith requested Condition of Approval #1.T.7 be deleted. Drew Scheltinga, Department of Public Works, stated upon the original review of the application, the Department had questions and concerns regarding the Ogilvy Ditch, and the hearing was continued. He stated staff has reviewed the application again and have met with the applicant's representative. He further stated the applicant has been working to address and solve previous issues with the Duke Energy easement, the under drains, and the ditch concerns. Mr. Scheltinga stated the remaining proposed changes are not substantial, including an adjustment of the lot line, and the identification of the easement for the under drain line. He stated the applicant's representative will propose some additional language to the Board to help address the issues,and the recording of the plat will be contingent upon approval from the Department of Public Works of the final drawings. He further stated the applicant has made a reasonable effort to resolve outstanding issues; however,all of the drawings have not been finalized. Mr. Scheltinga stated the eight-foot concrete box culvert sits lower than State Highway 392,and the ditch bank is vertical,and is not stable,which will create problems for the residential development. In response to Chair Geile, Mr. Gathman stated he has reviewed the proposed changes to the Conditions of Approval with the applicant, and the applicant has additional modifications to present to the Board. 2006-1965 PL1823 HEARING CERTIFICATION - EAGLE VIEW FARMS, LLC (PF #1090) PAGE 3 Robb Casseday,Casseday Creative Designs, LLC, represented the applicant and expressed his apologies for the inconvenience of the recommendation of denial from the Department of Planning Services. He stated a majority of the required documentation has been presented through the submitted letters and exhibits. He stated Duke Energy was aware of the Landscaping Plan; however,the original letter did not explain that the Company did not have any conflicts. He further stated the two under drain lines from the Faberberg Farm were never intended to be left in the current position, and the lines have been relocated to accommodate farming practices. He stated the applicant is working with staff regarding an easement for the drain lines. Mr. Casseday stated the lines will be abandoned, and will be replaced with upgrades, and a letter from Mr. Fagerberg indicates agreement. He stated the applicant has entered into an agreement with the Ogilvy Irrigating and Land Company,and the additional 15 feet forthe easement agreementwill need to be written into the legal description. He further stated Ogilvy understands erosion problems exist and has been working to correct the problem, and the Colorado Department of Transportation(CDOT) will be completing work on the guardrail. He stated the engineer for Ogilvy has reviewed the plans, and requested an additional 15 feet in order to cut back the banks of the irrigation canal,working in a safe manner. Mr.Casseday stated the applicant has agreed to adjust the lot lines by 15 feet, and he does not feel the change will be a detriment to the sale of the lots. He stated a solid fence will be placed along the north end of the irrigation canal to protect the public and provide safety during work completed on the canal. He further stated several modifications to the Resolution are requested, as outlined in Exhibit I,which Planning staff has reviewed. In response to Chair Geile, Mr.Casseday stated the applicant concurs with all the Conditions of Approval,except forthe ones that are specifically addressed in Exhibit I. Glen Droegemueller, attorney, represented the applicant, and stated he is present to discuss changes to the Resolution, outlined in Exhibit I. He requested that Criteria Paragraph #2.f be modified to read: "Weld County Road 35 requires a left-hand turn lane be constructed as requested by the Weld County Department of Public Works. An Improvements Agreement has been submitted to, and approved by, the Department of Public Works, which addresses the safe design of the turn lane and the proposed cost necessary for construction of the turn lane improvement to Weld County Road 35, both of which will be completed by the applicant" In response to Chair Geile, Mr. Scheltinga stated the Department required the applicant to provide a proportional share of the construction costs, in the amount of$17,950.00,and he concurs with the modified language since it does not affect the Improvements Agreement. Mr. Droegemueller requested the language in Condition of Approval#1.B be revised to reflect the language presented in Exhibit I. He stated the applicant has satisfactorily met the requirements concerning the requests of Duke Energy and Fagerberg Farms;however,Ogilvy Irrigating and Land Company requires an agreement. He stated the applicant simply needs to prepare the easement, conveying the additional 15 feet necessary before an agreement will be signed with Ogilvy. He further stated the easements will be signed and recorded, and will be shown on the Final Plat and construction drawings as necessary. He stated the modified language of Condition of Approval#1.B, listed in Exhibit I,will update the Resolution to provide specifics to the previously outstanding issues which have been resolved. In response to Chair Geile, Ms.Giauque and Mr. Scheltinga concurred that the modified language is acceptable, since the risk will be placed upon the applicant. Mr.Gathman indicated he did not have objections to the language proposed for Condition of Approval #1.B. Mr. Droegemueller requested new language be added to the Resolution as Condition of Approval#1.C, concerning the placement of solid fencing on the northwest lots, as described in Exhibit I. He stated the depth of the ditch 2006-1965 PL1823 HEARING CERTIFICATION - EAGLE VIEW FARMS, LLC (PF#1090) PAGE 4 diminishes from north to south, and the access to the ditch will be fenced. In response to Chair Geile,Mr. Droegemuellerstated the current Condition of Approval#1.C has been satisfied,and he requested deletion of the text,and further requested the modified language regarding the fence be substituted as Condition of Approval #1.C. Mr. Gathman concurred with the request. Mr. Droegemueller requested that Condition of Approval#1.D be deleted,since the urban standards requested by the City of Greeley are not appropriate in the PUD,and Mr. Gathman concurred with the request. Commissioner Vaad also concurred with the request, and noted that Condition of Approval#1.F is missing. Mr. Droegemuellerstated revised Condition of Approval#1.6 addresses the concerns noted in the referrals from the Department of Public Works, therefore, he requested Condition of Approval#1.L be deleted. In response to Mr.Gathman, Mr.Scheltinga concurred with the deletion of Condition of Approval#1.L, since the new language provided for revised Condition of Approval #1.6 is very similar. Mr. Droegemueller requested the deletion of Condition of Approval #1.R, since the language is repetitive, and Mr. Gathman concurred with the request. Mr. Droegemueller further requested the deletion of Condition of Approval #1.S, since revised Condition of Approval #1.8 addresses the concerns relating to the under drains. Mr. Gathman concurred with the request for deletion. Mr. Droegemueller requested that Condition of Approval #1.U.13 be deleted,since revised Condition of Approval#1.6 addresses the issue. In response to Mr. Droegemueller, Mr. Gathman stated he believed it would be helpful to staff for the Condition to remain,to help serve as a checklist when the plat is ready to be filed. He recommended the words "the middle of" be removed, and Mr. Droegemueller concurred. In response to Chair Geile, Mr. Droegemueller stated he has reviewed,and concurs with,the Conditions of Approval as proposed and modified. Mr. Gathman reviewed the proposed changes to the Conditions of Approval listed in his memorandum, marked Exhibit G. He stated the applicant has already requested that Condition of Approval#1.S should be deleted,and he concurred with the request. He further requested language regarding a signed and recorded easement with the Ogilvy Irrigating and Land Company be added as Condition of Approval #1.T, and Mr. Droegemueller concurred. Mr. Gathman requested a modification to the language of Condition of Approval#1.U.11,to read: "The ditch easement between Ridgeview Farms, LLC, and the Ogilvy Irrigating and Land Company shall be shown and dimensioned on the plat. The recording information in regards to the easement shall be indicated." He further requested that Condition of Approval #1.U.14 be deleted, since site triangles are not required. Mr. Droegemueller concurred with both requests. No public testimony was offered concerning this matter. Commissioner Long moved to approve the request of Eagle View Farms, LLC,for a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1090,for 24 residential lots and 9.7 acres of open space, with the Conditions of Approval as entered into the record, and the modifications described by the applicant and staff. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion,the hearing was completed at 11:10 a.m. 2006-1965 PL1823 HEARING CERTIFICATION - EAGLE VIEW FARMS, LLC (PF #1090) PAGE 5 This Certification was approved on the 9th day of October 2006. 4S E Za APPROVED: 1851 + etc Lam` OARD OF OUNTY COMMISSIONERS y -_{Tlj ' ELD C. NTY, COLORADO ATTEST: ikeil1�1�, ; . �i$ M. J Bile, Chair Weld County Clerk to the Boar. w.. David . Long, Pro-Tem Depul Clerk the oard �1 {Z Wi ' m . Jerke \.\\A) TAPE #2006-35 (� Robert D. asden DOCKET#2006-49.A , Val eQ Glenn Vaad 2006-1965 PL1823 EXHIBIT INVENTORY CONTROL SHEET Case PF #1090 - EAGLE VIEW FARMS, LLC Exhibit Submitted By Exhibit Description A. Clerk to the Board Notice of Hearing B. Planning Staff Email re: Continuance, dated 7/13/2006 C. Applicant Request for Continuance, dated 7/20/2006 D. Planning Staff Letter from Duke Energy, dated 10/2/2006 E. Planning Staff Letter of Agreement from David Fagerberg, dated 9/29/2006 F. Planning Staff Sign Posting Certificate (filed under Comments) G. Planning Staff Proposed Amendments to Conditions of Approval H. Planning Staff Letter of Agreement from Ogilvy Irrigating and Land Company, dated 10/2/2006 Applicant Proposed Amendments to Conditions of Approval J. Applicant Oversized Map K. Applicant Oversized Map L. M. N. O. P. Q. R. S. T. i -- ‘,/)r� Q s „ Oo 0o 0 �J io (2 c `, - v it GNo Nq ',1 Ai 3 o ,� o yv r �� C C}1-a,„ g� 0 �\ ,� V � E0 O c C �. 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