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HomeMy WebLinkAbout20061154.tiff HEARING CERTIFICATION DOCKET NO. 2006-29 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN,AMPF#354,TO SUBDIVIDE LOT 7, SHILOH ESTATES, INTO FOUR LOTS - JAMES AND CHERI SCOTT A public hearing was conducted on May 10, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem - EXCUSED Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Brad Mueller Health Department representative, Pam Smith Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated April 14,2006,and duly published April 19,2006, in the Fort Lupton Press,a public hearing was conducted to consider the request of James and Cheri Scott for a Site Specific Development Plan and Amended Planned Unit Development Final Plan, AMPF#354,to subdivide Lot 7,Shiloh Estates, into four lots. Bruce Barker,County Attorney,made this a matter of record, and advised the applicants' representative, Todd Hodges, Todd Hodges Design, LLC, that he has the option of continuing this 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 Long will listen to the record and make the determining vote. Mr. Hodges indicated he would like to proceed today. Brad Mueller, Department of Planning Services, presented a brief summary of the proposal and entered the unfavorable recommendation of the Planning Commission into the record as written. He gave a brief description of the location of the site and surrounding land uses. In response to Commissioner Masden, Mr. Mueller stated most of the other lots are approximately 2.5 acres,and the applicant intends to divide Lot 7 into four single lots averaging 4.0 acres in size. He stated the Planning Commission's recommendation for denial is based on the finding that the proposal will create urban development without adhering to urban standards. He explained although the site is within close proximity to existing subdivisions and municipalities, it is not within an Urban Growth Boundary, nor will it be served by urban services. He stated the Planning Commission also expressed concern with the lack of effective development and the number of lots within the proposed amended PUD. In response to Commissioner Vaad, Pam Smith, Department of Public Health and Environment, indicated the location of the Windsor Assembly of God Church,which is serviced bya septic system,as well as the Falcon Ridge PUD,which is connected to 38 advanced treatment systems. She noted both developments were recently approved by the Board. 2006-1154 �� aL Pei) /`7<< PL0952 HEARING CERTIFICATION - JAMES AND CHERI SCOTT (AMPF #354) PAGE 2 Ms.Smith stated the total acreage of the site is 75.5 acres,and the current 14 lots create an overall density of one septic per 5.4 acres. She stated if approved,the development will have 17 lots,with an overall density of one septic system per 4.4 acres, which is still above the 2.5-acre minimum. She stated Lot 7 is currently 17 acres. Jesse Hein, Department of Public Works, stated the site will be accessed from the internal road, Cornerstone Way,which extends from Weld County Road 72. He stated Weld County Road 72 is a collector status road,and the resubdivision will add approximately 48 vehicle trips per day,which will create a minimal impact on the road system. Mr. Hein stated the applicant intends to privately maintain the internal road, and staff is requesting the maintenance issue be addressed in the Homeowners' Association Covenants. Mr. Hodges stated the final plat for Shiloh Estates was recorded in 1994. He stated the site is located between the Towns of Windsor and Severance, and there are many other PUD's in close proximity to the property. He further stated the site design is appropriate,since urban development should be concentrated in, or near, other recorded subdivisions or municipalities, and this is an urbanizing area. Mr. Hodges stated the proposed lots will be comparable in size to the twelve existing lots, and the access will be from a new internal road called Cornerstone Court,which will be paved to County standards and privately maintained. He stated the subject of open space was discussed at the Planning Commission hearing, and he displayed a slide of the existing original open space. He explained there is language in the Code which allows a deviation from the 15 percent open space requirement if the intent of the Code has been met. Mr. Hodges stated Shiloh Estates originally had eight percent of the 75-acre parcel designated as open space. Under the current proposal, nine percent of the 17.5 acres will be in open space and, with the addition of building envelopes, there will be a total of 59 percent combined passive and active open space. Mr. Hodges stated the applicant met with the Town of Windsor,which indicated the site is within its Growth Management Area allowing one residential unit on septic per2.5 acres. He stated the area adjacent to the site is designated for higher density, including Falcon Ridge Estates,which is more likely to have access to public sewer in the future. He further stated the Town of Severance had no opposing comments,although it has annexed a parcel south of Weld County Road 74. Mr.Hodges stated the referral agencies support the project, and he displayed a slide of the surrounding land uses and reviewed the Code criteria for the record. Responding to Commissioner Vaad, Mr. Hodges stated the applicant has not petitioned for annexation to the Town of Windsor. He explained it does not appear appropriate since the applicant cannot agree to annexation for the remainder of the subdivision. However, if the subdivision becomes an enclave in the future it can be pursued at that time. In response to Chair Geile,Jacqueline Johnson,attorney,stated the lot owners will be participants in the Homeowners'Association. She stated the original Covenants provide that any lot may be subdivided upon approval of the Architectural Review Committee. She explained State statute indicates Covenants cannot be amended without a vote of 50 to 60 percent of the Homeowners; however,there is exception when the Covenants have an express provision for subdivision of the lots. Responding to Chair Geile,Mr. Hodges clarified the proposed trail area will be under the control of the Homeowners' Association, and the space outside of the building envelopes will be the responsibility of the individual lot owner,although it will function as visual open space. In response to Commissioner Masden, Mr. Hodges stated much of the public testimony at the Planning 2006-1154 PL0952 HEARING CERTIFICATION - JAMES AND CHERI SCOTT (AMPF #354) PAGE 3 Commission hearing indicated the current residents use Lot 7 as visual open space. He noted that although the area will continue to remain under private ownership,much of the area will still function as visual open space. Responding to Commissioner Vaad,Mr.Hodges stated,as it currently exists, Lot 7 is allowed one single residence and associated outbuildings, without a designated building envelope. He further stated the Homeowners'Association has never maintained any portion of Lot 7. Responding to Chair Geile, Mr. Hodges stated he and the applicants have reviewed the Conditions of Approval,and he requested Conditions of Approval#1.1.3 and#1.1.4 be deleted,since they are already addressed in the notes that will be carried over from the original plat. He also stated Condition of Approval#1.G,regarding annexation to Windsor,does not seem valid based on the location of the site,which is internal to an existing PUD. He further requested that any reference to urban design,including curb,gutter,and sidewalk,specifically the first sentence of Condition of Approval#1.C and#1.1.2, be deleted,as recommended by the Planning Commission. Responding to Commissioner Vaad,Mr. Hodges stated he is not aware of the requirement for annexation to the Town of Windsor for other surrounding developments. In response to Chair Geile, Mr. Hodges stated the current subdivision does not have curb, gutter, or sidewalks. Mr. Mueller stated if the Board approves the proposal and waives the requirement for urban standards, staff agrees with removing Conditions of Approval #1.1.2, #1.1.3, and #1.1.4. Elizabeth Schump, surrounding property owner, stated she owns 140 acres north of the site, and when she purchased her property she was informed that Lot 7 would have one house. She stated her decision to purchase her property was based on the plat approved by Weld County,and allowing more lots adjacent to her farmland and horse barn will have a negative impact. Ms.Schump stated there is a ditch easement between the two properties,which she cannot obstruct,and the proposed bridle path creates an additional liability if there is an accident on her property. In response to Chair Geile, Ms.Schump stated she was provided with a copy of the Shiloh Estates plat by the realtorthat represented her property. She stated she was not aware that the Covenants had an allowance for further subdivision on individual lots;however,allowing additional lots will negatively impact her farm where she grows hay and breeds horses. Judy Whichard,surrounding property owner,stated she is speaking on behalf of seven homeowners who are opposed to the proposal. She stated they want to preserve what was represented to them when moving into the development,and they feel the proposal is a breach of the conditions under which they purchased their lots. Ms. Whichard stated the proposal is not compatible with the original plat,and she expressed concern with the potential for allowing further subdivision of Lot 8 in the future. She stated although the applicant is the current owner of Lot 8 and has indicated he does not intend to subdivide, the lot may be sold and subdivided in the future. She stated the applicant has submitted Draft Covenants to the County; however, the revisions have not been presented to the Homeowners' Association, which is currently divided on whether to allow this change. She stated approval of the request will result in a 21 percent increase in density,which will also result in impacts from increased traffic. Ms.Whichard stated many of the residents chose this development for its non-urban lifestyle,and although there are no restrictions on Lot 7,she believes one house with various outbuildings on 17 acres is still preferable to four houses with outbuildings in designated building envelopes. She expressed concern with the County staffs'reference to urban standards, which detracts from the residents' desire for a non-urban lifestyle. She stated Lots 7 and 8 are the northern boundary of Shiloh Estates, and both are approximately 17 acres, which creates an ideal transition to additional non-urban uses to the north. She stated prior to the Planning Commission hearing, the seven opponents offered to agree to the subdivision into two lots; 2006-1154 PL0952 HEARING CERTIFICATION - JAMES AND CHERI SCOTT (AMPF #354) PAGE 4 however,the proposal was not entertained by the applicant. In response to Commissioner Jerke, Ms.Whichard explained at the first community meeting theywere left with the impression that if the applicants were not allowed to develop, it would be done by someone else who does not have a vested interest in the community. However,the residents later considered their options and found that further development was not inevitable. She stated they initially made a rushed decision,and later chose to gather the relevant information before making any further decisions. Ms. Whichard stated the Architectural Review Committee did vote to grant approval of the subdivision. Commissioner Jerke commented the Covenants indicate it requires the approval of 75 percent of the homeowners to change the Covenants and 100 percent of the mortgagees. Chair Geile recessed the hearing until 1:30 p.m. Upon reconvening, Debi Vischer, surrounding property owner of Lot 14, stated she represents the remaining homeowners that support the proposal. She stated the applicants purchased the property 15 years ago with the intent to raise their family and provide a retirement home for their parents on the two 17-acre lots. She stated there has been a change in that arrangement, and they now intend to divide Lot 7 and provide consistency with the remaining development. Ms.Vischer stated the applicants are not developers, but residents of Shiloh Estates. She stated the applicant presented the proposal to the Architectural Review Committee,which consisted of her husband and two others who all feel their vote was valid. She explained that prior to the vote the homeowners were given ample opportunity to comment,and she feels that questioning the decision four months later is a violation of the democratic process they operate under. Ms.Vischer stated Lot 7 has been vacant and used for agricultural purposes, and some of the residents have come to view that area as common open space. She noted that the proposal would increase the open space to nine percent, and many of the proponents do not want more open space because it just creates more land for the homeowners to maintain. She stated the density will still be less than the original lots,and none of the surrounding PUDs offer the same amount of open space and density. She further stated the building envelopes will help maintain the sense of open space and views,the development will gain additional water shares for irrigation, and the additional homes will help spread the Homeowners' Association costs. Ms.Vischer stated the types of homes that will be built will increase property values in the area,the existing lifestyle will not be altered,and there will only be a slight increase in traffic. She stated the Covenants allow for further subdivision,a valid vote was taken,and the lots will be compatible with the current land use models. She further stated Planning Commission's vote for denial was influenced by emotion, versus compliance with County criteria. Sharon Veillon, surrounding property owner, stated when she purchased her property she was informed,by a representative of the applicants,that Lot 7 would not have a home for 20 years. She stated she refinanced her home in November 2005, at which time the appraiser indicated there would be a$20,000 to$30,000 decrease in surrounding property values if further subdivision were to occur. Ms. Veillon stated the original plan was for one house and a single driveway,which has turned into four lots and a major cul-de-sac. She stated she was not approached by Mr. Scott regarding the placement of the building envelopes,and she clarified that there are seven families opposed and five in support,plus the two lots owned by the applicants. In response to Chair Geile, Ms.Veillon stated the information regarding the plans for Lot 7 were represented verbally,and she moved there in 1999. 2006-1154 PL0952 HEARING CERTIFICATION - JAMES AND CHERI SCOTT (AMPF#354) PAGE 5 Dave Smart,surrounding property owner,stated he was one of the first residents in the subdivision, and the construction traffic over the years has not impeded his lifestyle,nor does he expect that four more houses will impact him. Eric Kesler, surrounding property owner of Lot 10, stated the Drainage Plan does not account for irrigation water that surface irrigates the site. He stated last year a majority of the surface water went into the detention pond and filled it to capacity;however,in the event of a storm,the pond will overflow. He stated the second detention pond proposed on Lot 4 of the resubdivision was not on the original plat,and he expressed concern with West Nile and the cost to have the ponds treated. Mr. Kesler stated although Shiloh Estates is supposed to benefit from additional water shares,the residents have not been provided with a time frame for when they will be turned over to the Homeowners'Association. He stated as more land is sold for residential purposes,the agricultural demand will not merit delivery of water to the subdivision. He noted the individual lot owners will not be able to sell the shares,and the only monetary gain will be to the Homeowners'Association. He stated the open space for the riding trail consists of a dirt path,which has no visual appeal and is only used for walking or riding. He stated the larger open space area consists primarily of a horse arena,and the proposal provides substantial usable open space. Mr. Kesler stated the Covenants outline the general requirements for home construction; however, there is no guarantee that the homes will be built by Mr. Scott. He stated unlike some of the early residents, he moved into a completed subdivision and did not anticipate having to live with construction projects, noise, and traffic. He stated once he began a thorough review of the file, he changed his mind on what he had originally perceived would be taking place. He requested the Board support the recommendation of the Planning Commission and the majority opinion of the constituents in the development. Responding to Chair Geile, Mr.Kesler stated the initial community meeting was on August 4,2005, and the vote was completed by August 22, 2005. Phil Dittberner,surrounding property owner,stated there was some discussion regarding the need to change the Covenants, and upon review of the file he discovered a modified version of the Covenants, which has not been provided to the members of the Homeowners'Association. He stated he was not aware of the plans for the large retention pond north of the riding arena, and he expressed concern with the scale of the pond,since it appears to be almost three times larger than the existing pond. Mr. Dittberner stated the applicant's information regarding the open space has been misleading,since most of the open space referred to by the applicant's representative will be privately owned. Arlen Anderson,surrounding property owner of Lot 5,stated the issue of open space is important. He stated when Moriah Estates was developed to the west,the developer set aside 16 acres along the east side that is accessible to the adjacent lot owners in Shiloh Estates. In response to Chair Geile, Mr. Anderson stated the permission for use of that open space was given verbally. Jim Scott,applicant and resident of Lot 8,stated he has lived at this site for eleven years,and when the initial plans for Lot 7 changed,he developed a plan that is consistent with the existing subdivision and surrounding land uses. Ms.Johnson stated Title 38 of the Colorado Revised Statutes(C.R.S.) includes a provision which addresses the general way in which subdivision covenants are amended. She stated 50 to 67 percent of all unit landowners must agree to an amendment;however,there is an exception which states if the Covenants specifically permit the subdivision of lots, the amendment proposal shall be made to the Executive Committee for the Homeowners'Association, 2006-1154 PL0952 HEARING CERTIFICATION - JAMES AND CHERI SCOTT (AMPF #354) PAGE 6 not a vote of the homeowners. She stated the applicants did apply to subdivide Lot 7, and the Executive Committee chose to take it to a vote of the homeowners, although it was not required. She stated the Covenants will only be amended to reflect the revised PUD, if approved. CommissionerJerke commented page 25 of the Covenants requires approval by 75 percent of the homeowners; however, page 11 includes an exception for further subdivision if approved by the Architectural Review Board. Ms.Johnson reiterated the maximum vote cannot exceed 67 percent, pursuant to State statute,and if there is provision for subdivision in the Covenants,than the decision is made by the Architectural Review Board. Chair Geile stated the Architectural Review Board originally consisted of the applicants and a person by the name of Maddox. Ms. Johnson stated regardless of what a real estate agent may have represented, the residents are subject to the information recorded on the plat and in the Covenants. She further stated at the time of the vote regarding this matter, the Architectural Review Board consisted of members which had been elected by the Homeowners'Association,and notice of approval was provided to the applicants in September 2005. Mr. Scott stated he did not intend to proceed with the project without the support of his neighbors, and following the initial presentation, he received only one negative response. He stated in early August 2005, he hosted an informational meeting and later requested the Board to vote,which was done August 22,2005. He stated he later began the planning process and not until six months after the vote was taken did he receive a letter requesting that he cease the proposal. Mr. Scott stated at that point he had too much invested, and he feels he has exceeded what is expected as due process with the community. He stated if this proposal is approved, the draft copy of Covenants will need to be approved by the Homeowners'Association,and a committee will be formed to review the revised Covenants and make a recommendation. He stated the retention pond holds water brieflyto allow historical flow rates,and the drainage study relies on the detention pond located near the existing arena. Mr. Scott stated he submitted a written offer for an arbitration; however, the opponents would only agree to two lots with no irrigation water. He stated he did not accept the proposal,since he had already promised the water to the community as a whole and agreed upon lots sizes. He stated the lots are anticipated to sell for approximately$200,000,the resulting product will not decrease property values,and the views will be maintained. He further stated the proposal is consistent with the existing trail system and what was requested by the Shiloh Estates Homeowners'Association. He explained there are dedicated easements along the exterior property lines for open space,and the building envelopes will guarantee visual open space throughout the units. Mr.Scott stated the proposed lot sizes are consistent,there will be single family homes with limited animal units,this is an urban development within an urbanizing area,and he gave examples of similar proposals which were approved by the County. He stated it was not his intent to create division in the community,and he attempted to address many of the concerns prior to this hearing. In response to Chair Geile, Mr. Scott stated Shiloh Estates owns two shares of water,each lot has direct access to the ditch or diversion pipelines,and historically the water has been shared based on the percent of land ownership. He stated the current proposal was to bring two additional shares, as well as the addition of three lots, which will result in 50 percent more water for each property owner. He stated the irrigation water is available in May, and the reservoir water is typically used during the late summer months. Mr. Hodges clarified the additional open space is for the benefit to the community; however, it will be maintained by the property owners, versus the Homeowners' Association as a whole. 2006-1154 PL0952 HEARING CERTIFICATION - JAMES AND CHERI SCOTT (AMPF #354) PAGE 7 Mr. Mueller reviewed the positions of staff, the proponents and the opponents. In response to CommissionerJerke,Mr. Mueller stated the Planning Commission voted unanimously regarding the waiver of urban standards,and four to one for denial of the application as a whole. Mr. Barker stated the vote of the Architectural Review Committee does not bind the Board of Commissioners, since they are not a party to the Covenants. He stated although discussion regarding the Covenants does go to the issue of compatibility, the timing issues and contents are not necessarily the concern of the Board. Responding to Commissioner Jerke, Mr. Barker agreed that State statute indicates only 67 percent of the homeowners are required to amend the Covenants. Chair Geile commented the Board must make its decision based on criteria established in the Weld County Code and not the testimony as to what representations were made when the various lots were sold. Commissioner Jerke stated initially he did not support the proposal;however,it is now clear that the Covenants do include a provision of further subdivision of the lots,and local government should not supercede a written and accepted document. He stated both sides of the testimony have indicated the applicant is a good builder, these will be nice high-quality lots with good residents, and he supports the application. Commissioner Vaad stated the schematics and positioning of the lots are compatible,they exceed the average of the existing lots,there will be building envelopes to preserve view corridors,and he finds the application is consistent with Sections 27-7-40.D.2.a through 2.h. Commissioner Masden stated this the property owner does have the right to divide the lot following due diligence,and although the Planning Commission recommended denial,the Board is bound to review a proposal in relation to the specific criteria. He further stated that although the area previously served as open space, it is privately owned and eligible for development and the view corridors will be preserved. Chair Geile stated the Architectural Review Committee establishes the quality of housing units in a development, it does not appear the applicant's proposed changes to the Covenants will alter compatibility with the existing homes,the applicant will provide more irrigation water,and there are similar uses in the area. He stated although the Town of Windsor recognizes this as an urbanizing area, the Board feels a requirement for annexation is inappropriate in this instance. Commissioner Vaad moved to approve the request of James and Cheri Scott for a Site Specific Development Plan and Amended Planned Unit Development Final Plan,AMPF#354,to subdivide Lot 7, Shiloh Estates, into four lots, based on compliance with Section 27-7-40.D.2.a through 2.h, with the Conditions of Approval as entered into the record. His motion also included the deletion of the first sentence of Condition of Approval #1.C, and Conditions#1.G, #1.1.2, #1.1.3, #1.1.4, and renumbering or relettering as appropriate. The motion was seconded by Commissioner Jerke. Commissioner Vaad stated the letter from the Town of Windsor indicates recognition of this area as low density and general agreement with the proposal, although he is not sure how the Town arrived at the request for annexation. Chair Geile commended the speakers on both sides of the issue and encouraged the residents to attempt to work together in the future. There being no further comments, the motion carried unanimously, and the hearing was completed at 3:10 p.m. 2006-1154 PL0952 HEARING CERTIFICATION - JAMES AND CHERI SCOTT (AMPF#354) PAGE 8 This Certification was approved on the 15th day of May 2006. E La APPROVED: I �= OARD OF C'UNTY COMMISSIONERS p 1861 I( z;; 2 a ELD CO, Y, COLORADO ATTEST: gu,�I1 r/11'r ✓`� Qi Wet M. J. eile, Chair Weld County Clerk to the Boa EXCUSED David E. Long, Pro-Tern BY: X16 4 De ty Cler o the Board Wil " H. Jerke TAPE #2006-18 and #2006-19 a Robert D. Mas en DOCKET#2006-29 AA AA. 1O4 Glenn Vaad 2006-1154 PL0952 EXHIBIT INVENTORY CONTROL SHEET Case AMPF #354 - JAMES AND CHERI SCOTT Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summaryof Hearing (Minutes 03/07/2006 and 05/02/2006) D. Clerk to the Board Notice of Hearing E. Applicant Letter requesting to proceed with hearing process, dated 04/13/2006 F. Debbie Vischer Letter of Support, dated 04/24/2006 G. Judith Whichard Letter of Opposition, dated 05/01/2006 H. Judy Wineinger E-mail of Opposition, dated 05/02/2006 Matthew Wineinger E-mail of Opposition, dated 05/02/2006 J. Phillip Dittberner Letter of Opposition, dated 05/02/2006 K. Arlen Anderson Letter of Support, dated 04/28/2006 L. William Kennison Letter of Opposition, dated 05/01/2006 M. Debi Kennison Letter of Opposition, dated 05/01/2006 N. Eric and Beth Kesler Letter of Opposition, dated 05/02/2006 O. John Kesler Letter of Opposition, dated 05/02/2006 P. Dave and Lynda Smart Letter of Support, dated 05/04/2006 Q. Sharon Veillon Letter of Opposition, dated 05/03/2006 R. Larry and Anne Duran Letter of Opposition, dated 05/02/2006 S. David and Susan Beard E-mail of Opposition, dated 05/05/2006 T. David and Elizabeth Schump Letter of Opposition, dated 05/05/2006 U. James and Julie Campain Letter of Support, dated 05/07/2006 V. Applicants Letter of Rebuttal,dated 05/04/2006, re: Letter from Judy Whichard (PC Exhibit 11-D) W. Applicants 5 Maps of Proposal X. Planning Staff Certification and Photo of sign posting Y. Various neighbors Letter of Support, dated 05/10/2006 Z. AA. BB. CC. DD. EE. FF. GG. HH. I I. JJ. KK. LL. MM. NN. OO. PP. QQ. RR. SS. U. UU. rN (AI lniQ 14- .9 N ;� 2 co u J co J 0, 0 ,n ` O Do 4 „ :) V ` v o y � C� to k ? ✓ �� �1 I N- u ,--f. c i ? �1 . C +� pc ..--,- I" .9 -t -N --,.;-- \_ f) ;.3 0 r- t� � /: - `tom Q 1.6 co . „_. - ' ) 3_, ' p, (,) -7,'-7. 4 C. 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