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Home My WebLink About20061439 HEARING CERTIFICATION DOCKET NO. 2006-32 RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1066, FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES, ALONG WITH 28.4 ACRES OF OPEN SPACE - MIKAL TORGERSON A public hearing was conducted on May 24, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem Commissioner William H. Jerke - EXCUSED Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Cyndy Giauque Planning Department representative, Kim Ogle Health Department representative, Pam Smith Public Works representative, Drew Scheltinga The following business was transacted: I hereby certifythat pursuant to a notice dated April 28,2006,and duly published May3,2006,in the Fort Lupton Press,a public hearing was conducted to consider the request of Mikal Torgerson for a Site Specific Development Plan and Planned Unit Development Final Plan,PF#1066,for nine(9) lots with E (Estate)Zone uses, along with 28.4 acres of open space. Cyndy Giauque, Assistant CountyAttorney,made this a matter of record,and advised Mikal Torgerson,applicant,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 Jerke will listen to the record and make the determining vote. Mr. Torgerson indicated he would like to proceed today. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written,and gave a brief description of the location of the property and surrounding land uses. He stated the site will be serviced by the North Weld County Water District and septic systems. Mr. Ogle stated 16 referral agencies reviewed the proposal, and 11 provided comments that have been addressed in the Conditions of Approval. He stated the site is within the three-mile referral areas for the Towns of Severance and Pierce, which indicated no conflicts with their interests, and for the Town of Ault, which did not respond. Pam Smith, Department of Public Health and Environment, stated at the Change of Zone phase, the proposal indicated primary and secondary septic envelopes on the plat;however,the Final Plan application only included them on the Landscape Plan, which does not get recorded. Ms. Smith stated she included Condition of Approval#1.Q.7 which requires the applicant to indicate the septic envelopes on the final plat which is to be recorded. 2006-1439 PL1791 �/� : /�,©ti; /Lk -a8-o& HEARING CERTIFICATION - MIKAL TORGERSON (PF #1066) PAGE 2 Drew Scheltinga, Department of Public Works, stated the Planning Commission waived the requirement for paving of the internal roads. He stated the development will be served with a 26-foot gravel road, extending 1,500 feet long, and ending in a cul-de-sac, which will not be accepted by Weld County for maintenance. He stated the site is adjacent to Weld County Road 86,which has an average daily traffic count of 50 vehicles,and traffic will drive three-quarters of a mile to access Weld County Road 29, which has an average daily traffic count of 200 vehicles. Mr. Scheltinga stated the subdivision will generate 85 vehicle trips per day, and staff is requesting an Off-Site Improvements Agreement. He stated there are numerous items that are still outstanding,since the applicant switched engineers following submittal of the Final Plan application. He explained staffs' comments were based on the initial set of plans submitted; however, the plans of the second engineer were received May 10, 2006, indicating a different roadway and a different approach to drainage. Mr. Scheltinga stated there are no major flaws or issues to resolve; however, there is a lot of work yet to be completed,which is typically finished prior to the Final Plan hearing before the Commissioners. He stated all of the outstanding issues are required as Conditions of Approval prior to recording the plat. He further stated the topography on the site drawings needs to be consistent with the conditions at the site, there are 12 drawing items that need to be resolved on the construction plans, and the pedestrian/equestrian trail needs to be added to the application. He stated Dave Bauer, Department of Public Works, met with the applicant's new engineer, and the applicant needs to provide details regarding how the discharge from the site will work with the Pierce Lateral Ditch and whether there is an agreement for the arrangement. Mr. Scheltinga stated staff has requested On/Off-Site Improvements Agreements, and the dollar amounts for the Off-Site Improvements Agreement were submitted May 23, 2006,which staff has not had time to review. Responding to Commissioner Geile, Mr. Scheltinga reviewed the various Conditions of Approval which the applicant still needs to complete prior to recording the plat. Mr. Torgerson stated he was not satisfied with the quality of work from the original civil engineer; however, he is confident with his current engineer. He stated the site has been monumented and surveyed, and the center of the ditch is 40 feet from his property line, therefore, he is unable to accommodate the 30-foot setback, since it is not on his property. Mr. Torgerson displayed a PowerPoint presentation,marked Exhibit E,and stated the lots will range from 2.5 to 9.0 acres,with a large amount of open space. He stated he chose to remove the bridle path,since it conflicted with drainage easements,and the drainage into the Pierce Lateral Ditch will be atone main point during major storm events. He stated he has met with the Pierce Lateral Ditch Company,and he referred to a letter from the Ditch engineer. He stated he is in agreement with the Ditch's concerns; however, he cannot provide a 30-foot easement on the west side of the ditch, since it is not on his property. Mr. Ogle submitted a copy of the letter, marked Exhibit B. Mr. Torgerson stated at the Change of Zone hearing, the Board requested review of the Final Plan to address concerns regarding the Covenants and the potential for modular homes. He stated modular homes must have a porch, meet the 1,400 square-foot minimum, be no more than 12 inches above grade,and have a minimum roof pitch of a 3 to 12 grade. He further stated metal siding is prohibited,and the homes must have a two-car garage,skirting,and provide at least three of the listed design features. He stated this PUD is not envisioned to be a modular community;however,all of the homes will be reviewed by an Architectural Review Committee,and he wanted to provide modular homes as an option. Mr. Torgerson stated he agrees to comply with the Condition to reach an agreement with the Pierce Lateral Ditch Company. He stated he was not notified of the Utilities Coordinating Advisory Committee meeting, therefore, he is uncertain of what was discussed, as referenced in Condition#1.Q.4. He further stated he is unsure what else can be done to verify his inability to meet 2006-1439 PL1791 HEARING CERTIFICATION - MIKAL TORGERSON (PF #1066) PAGE 3 Condition#1.Q.9 regarding the setback from the Ditch. Mr.Ogle stated he will provide the applicant with a copy of the Utility Minutes. Mr.Scheltinga stated in the first application the contours did not line up properly and he requested documentation to verify the location; however, if the surveyor can provide verification, staff is agreeable to deleting the requirement, and the applicant agreed. Mr. Torgerson also referenced Condition of Approval#2.Y and stated the language prohibiting drainage and runoff into the Pierce Lateral Ditch is contrary to what has historically been allowed. Mr. Scheltinga stated the intent of the language has to do with waste water,and he proposed changing"drainage and runoff'to"waste water," and Mr. Torgerson agreed. Responding to Commissioner Geile,Mr.Torgerson stated the Covenants were not available at the Change of Zone hearing, and his perception of the discussion was not that modular homes would be prohibited, but that they would be design controlled. In response to Commissioner Vaad, Mr. Torgerson stated the Homeowners' Association will maintain the open space and roadway, including the landscaping. Responding to Commissioner Geile,Mr.Ogle agreed with the applicant's interpretation of the previous discussion regarding modular homes. Ken Lind,Attorney for Pierce Lateral Ditch Company,stated the Ditch Company is not opposed to the PUD; however, there are some drainage issues on the property, and he agrees with staff that there are a lot of issues yet to be resolved. He stated due to number of outstanding issues, the Board may not be able to make a proper determination,and he expressed concern with requiring third-party agreements which may grant veto power. He stated the Ditch Company has every intention of entering into an agreement with the applicant; however, they have only done a preliminary review of the Drainage Report and diagrams, and the location of the property line still needs to be determined, as it relates to the setback request. In response to Chair Geile, Mr. Lind stated his comments deal primarily with Condition of Approval#1.E, and he feels it may be better to continue the matter until the issues are resolved, due to the importance of water issues in the region. Mr. Torgerson stated he met with the Ditch Company two months ago, and he has attempted to provide any requested information. He stated it is not uncommon for Final Plans to be approved administratively,and he was only required to come back to address the Board's question regarding Covenants and modular homes. He further stated the vicinity map will be corrected to show the correct property line. Commissioner Vaad proposed modifying Condition of Approval#1.Q.8 to add the following to the end of the sentence,". . . if it is determined that the May 24, 2006, centerline of the Pierce Lateral Ditch allows,"and Mr.Torgerson agreed. Mr. Scheltinga stated if the applicant intends to remove the pedestrian/equestrian trail,then Condition of Approval#1.Q.14 can be deleted. Mr.Ogle submitted copies of the Utilities Coordinating Advisory Committee Minutes,dated April 27, and May 11, 2006, marked Exhibits C and D, which he reviewed for the record. He stated the requirements have been met, with the exception of the applicant agreeing to granting a 20-foot easement on the perimeter of the property. Mr.Torgerson agreed to the requirement. In response to Commissioner Long regarding Condition of Approval#1.E,Mr.Torgerson stated he has met with the Ditch Company during the past two years, and the technical solution to the problem is simple. He stated they are striving to achieve the same thing and avoid liability issues. In response to Commissioner Geile, Mr.Torgerson stated he fell victim to the poor quality of work by his previous 2006-1439 PL1791 HEARING CERTIFICATION - MIKAL TORGERSON (PF#1066) PAGE 4 engineer and was forced to make a change during the review process. Chair Geile and Commissioner Masden both expressed concern with proceeding due to the number of unresolved issues. Mr. Torgerson stated rather than a denial of the proposal, he would prefer a continuance to allow him additional time to resolve the outstanding issues. (Changed to Tape #2006-21.) Commissioner Vaad commented staff has done the work of including Conditions of Approval which address the outstanding issues prior to recording the plat,therefore,he does not feel a continuance is necessary. Commissioner Long concurred,and stated it will be up to the applicant to make some significant progress,since he does have financial constraints. Chair Geile reiterated this proposal appears to be a work in progress, and most of the issues should have been resolved prior to a hearing before the Board. Responding to Commissioner Vaad,Ms.Giauque stated if the matter is continued,the future hearing will need the four current Commissioners in attendance. Responding to Commissioner Masden, Mr. Scheltinga stated a continuance for 30 to 60 days would be adequate. Mr.Torgerson stated most of the items have been submitted and need to be reviewed, therefore, he requested a two-week continuance,and noted he will likely have an agreement with the Ditch Company next week. In response to Chair Geile, Ms. Gesick indicated a hearing on June 14, 2006, would be appropriate. Commissioner Masden moved to continue the request of Mikal Torgerson for a Site Specific Development Plan and Planned Unit Development Final Plan, PF #1066, for nine (9) lots with E(Estate)Zone uses, along with 28.4 acres of open space, to June 14, 2006, at 10:00 a.m. The motion was seconded by Commissioner Vaad,and it carried unanimously. There being no further discussion, the hearing was completed at 11:40 a.m. This Certification was approved on the 31st day of May 2006. APPROVED: BOARD OF COUNTY COMMISSIONERS }-WELD COU TY, COLORADO ATTEST: 7,._/,{' 7/17 i.L use y M. Geile, Chair Weld ounty Clerk to the Boa '� "API � David E. Long, Pro-Tem BY: Dept Clerk the Board EXCUSED Wi • m H. Jerke TAPE #2006-20 and #2006-21 Robert D. Mas en DOCKET#2006-32 ,�/, �,f�yt 43-6G enn Va 2006-1439 PL1791 Hello