HomeMy WebLinkAbout20062310.tiff HEARING CERTIFICATION
DOCKET NO. 2006-51
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN,PF#1095, FOR NINE (9) RESIDENTIAL LOTS WITH E (ESTATE)ZONE USES -
WHITE WOLF, LLC
A public hearing was conducted on August 9, 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
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
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, Jesse Hein
The following business was transacted:
I hereby certify that pursuant to a notice dated July 21,2006,and duly published July 26,2006,in the
Fort Lupton Press,a public hearing was conducted to consider the request of White Wolf, LLC,for
a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1095,for nine(9)
residential lots with E (Estate)Zone uses. Cyndy Giauque,Assistant County Attorney, made this
a matter of record,and advised the applicant's representative,Jim Martell,Attorney,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
Vaad will listen to the record and make the determining vote. Mr. Martell 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
gave a brief description of the location of the site and the surrounding land uses, and stated no
correspondence has been received from surrounding property owners. He stated Outlot C is
located at the entrance to the subdivision,and will contain the development sign, landscaping,and
a cluster mailbox, and the School District has determined that a school bus shelter will not be
required. He further stated the Planned Unit Development(PUD)will be a gated community, and
the road will be privately maintained. Mr. Gathman stated a Bargain and Sale Deed from White
Wolf, LLC, to the Waterford Hills Homeowners' Association grants a perpetual non-exclusive
easement to provide access to the adjacent lot,which is Lot B of the original Recorded Exemption.
He stated the deed is not limited to the present uses of Lot B, and the Department has concerns
with the deed since Lot B is not a part of the PUD application. He stated Lot B has a designated
access on Weld County Road 86, and no access exists from Weld County Road 15. He further
stated the Department also has concerns with farm machinery utilizing the entrance of the PUD to
access Lot B. He stated the Homeowners' Covenants do not specifically address the limitations
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HEARING CERTIFICATION -WHITE WOLF, LLC (PF #1095)
PAGE 2
of vehicles that may utilize the access; however, Lot B is currently under common ownership. In
response to Commissioner Masden, Mr. Gathman stated the Department has concerns that the
PUD is not agricultural, and future property owners need to be aware that the access may be used
for agricultural purposes. He further the applicant will to address Condition of Approval #1.N,
regarding the Bargain and Sale Deed. In response to Commissioner Jerke, Mr. Gathman stated
Lot B is 72 acres in size, and is located to the south and west of the proposed PUD.
Mr. Gathman stated the third sentence of Criteria of Approval #2.D will be corrected to state
"Individual sewage disposal systems..." He stated the applicant has proposed a modification of
three(3)foot shoulders for Criteria of Approval#2.E since the road will be a private road. He stated
Condition of Approval #1.C and #1.L should be modified to correctly state "Ault Fire Protection
District,"not"Mountain View Fire Protection District." He further stated Conditions of Approval#1.1
and#1.J have been addressed,therefore,they may be removed. Mr.Gathman stated Condition of
Approval #1.K will be revised as stated in staffs memo, marked Exhibit C, and reassigned as
Condition of Approval #2.K since the plat will be recorded before the water tap is installed. He
recommended the addition of Condition of Approval#1.O, regarding the recommendations of the
Sheriffs Office, and a revision to Condition of Approval #2.J, as noted in the memo.
Pam Smith, Department of Public Health and Environment, stated the minimum size of each lot is
2.5 acres,and a detention pond will exist on the property. She stated the preliminary percolation test
found groundwater at a depth of twelve feet; however, the test was completed in March, and a
shallow groundwater table may exist when the ditch is full. She further stated the site is suitable for
conventional septic systems,and primary and secondary septic envelopes have been designated
on the properties.
Jesse Hein, Department of Public Works, stated the site will be accessed from Weld County
Road 15, which is a local paved road, and the site is located one-half mile north of Weld County
Road 86,which is a gravel road. He stated the PUD will introduce approximately 86 vehicle trips
per day, and a traffic study and Off-Site Improvements Agreement will not be required. He further
stated two twelve(12)foot gravel lanes and two three (3)foot shoulders are acceptable since the
road is privately maintained within a gated community.
Mr.Martell stated the applicant does not have any concerns regarding the recommended changes
within the Conditions of Approval. He stated the applicant would like to have reservation of the
access since the road will be private, not public. He further stated it is not currently known if Lot B
will be developed in the future;however,upon development of Lot B, it would be desirable to provide
connectivity between the developments. Mr. Martell stated the applicant is trying to maintain the best
possible planning methods for future growth. He stated all future property owners will be notified of
the availability of the access on Weld County Road 15 through the Homeowners' Covenants and
the Bargain and Sale Deed. He further stated the Right to Farm Statement is indicated on the plat,
and will be placed in the Covenants as well. He stated some of the property owners will bring in
bigger equipment to cut the natural grasses on the lots. Mr. Martell stated the applicant will
complete an Improvements Agreement and post collateral to fulfill the required obligations. He
stated the installation of off-site water lines, telephone lines, gas lines, and electric lines must be
paid for in advance. He further stated the applicant has the required contracts in place; however,
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PAGE 3
they have no control over when the utilities will be in place. He requested the Board authorize the
Clerk to the Board to reduce the amount of the Letter of Credit when the improvements have been
paid for, and not when construction of the improvements is completed. Chair Geile stated the Letter
of Credit has been established to ensure the work will be completed, and he has reservations about
reducing the Letter of Credit early. Commissioner Masden stated he concurred with Chair Geile,
and the utilities need to be properly installed before the collateral is released. Commissioner Jerke
stated he has sympathy for the applicant, and acknowledged that changes are needed for the
process; however, the Board has not been able to implement a better process.
No public testimony was offered concerning this matter.
Chair Geile stated the applicant's representative previously stated that he has reviewed and concurs
with the Conditions of Approval as proposed and modified. Mr. Gathman read the last sentence of
Condition of Approval#1.N into the record, and stated a Grant of Easement will not be permitted.
Chair Geile stated the applicant would like the ability to access Lot B, therefore, the last sentence
of Condition of Approval#1.N will need to be removed. Ms. Giauque clarified that Lot B may only
access Weld County Road 15 through the access to the PUD. Commissioner Jerke stated the first
sentence of Condition of Approval#1.N contradicts the last sentence, and Commissioner Masden
concurred the last sentence should be eliminated. Ms.Giauque stated the Bargain and Sale Deed
has been signed,and suggested that Condition of Approval#1.N be deleted entirely,to allow Lot B
to have access. Commissioners Jerke and Long concurred with Ms. Giauque.
Peter Schei, Department of Public Works,requested clarification regarding the intent of the County
to dedicate the right-of-way to the Homeowners'Association. In response to Mr.Schei,Ms.Giauque
stated the roads will be privately maintained. Mr.Schei stated interior roadways within subdivisions
are privately maintained; however,they are typically dedicated to the public. He stated any future
user of the roadway should be requested to participate in the private maintenance of the road. In
response to Mr. Schei, Chair Geile stated the maintenance of the road will belong to the
Homeowners'Association. In response to Chair Geile, Mr. Martell stated the plat indicates the road
will be dedicated to the public, which is not the intent of the applicant; therefore, the plat needs to
be revised. He stated the road will be gated,therefore,there should be no public responsibility within
the gate. He further stated the Covenants contain a provision that others accessing the private
roads must join the Homeowners' Association and pay a portion of the maintenance costs. In
response to Ms. Giauque, Mr. Gathman suggested the addition of Condition of Approval#1.P.7,
which would state that the applicant must dedicate the road to the Homeowners'Association. In
response to Chair Geile, Mr. Martell stated the Bargain and Sale Deed was created to accomplish
the conveyance of the roads to the Association,and a Condition of Approval could be added to state
the roads will be conveyed to the Homeowners' Association. In response to Chair Geile,
Mr. Gathman stated the language can be placed where Condition of Approval#1.N was removed.
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HEARING CERTIFICATION - WHITE WOLF, LLC (PF#1095)
PAGE 4
Commissioner Long moved to approve the request of White Wolf, LLC, for a Site Specific
Development Plan and Planned Unit Development Final Plan, PF#1095,for nine(9)residential lots
with E(Estate)Zone uses, based on the recommendations of the Planning staff and the Planning
Commission,with the Conditions of Approval and Development Standards as modified and entered
into the record. The motion was seconded by Commissioner Jerke , and it carried unanimously.
There being no further discussion, the hearing was completed at 11:00 a.m.
This Certification was approved on the 14th day of August 2006.
APPROVED:
EL��,; BOARD OF C UNTY COMMISSIONERS
• i ♦ WELD CO , COLORADO
ATTEST: �T , r:::� )
A M. J. Chair
Weld County Clerk to the
«� David E. Long, Pro-Tem
BY: � �
Dep Clerk the oard ,
William H ale � �
TAPE #2006-30
Robert D. Masden
DOCKET#2006-51 EXCUSED
Glenn Vaad
2006-2310
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EXHIBIT INVENTORY CONTROL SHEET
Case PF #1095 -WHITE WOLF, LLC, C/O MARV BARSTOW
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Planning Staff Recorded Exemption Plat
C. Planning Staff Memo re: Recommended Changes to
Resolution
D. Assistant County Attorney Language for Condition of Approval #1.K
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