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Home My WebLink About20061441.tiff HEARING CERTIFICATION DOCKET NO. 2006-32.A 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 June 14, 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 Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Kim Ogle 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 28,2006, and duly published May 3,2006, in the Fort Lupton Press, a public hearing was conducted on May 24, 2006, 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,at which time the Board deemed it advisable to continue the matter to June 14, 2006,to allow Mr.Torgerson adequate time to address the outstanding items required by the Department of Public Works. On June 14, 2006, Bruce Barker, County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, submitted a Memorandum from the Department of Public Works, marked Exhibit H. Peter Schei, Department of Public Works, reviewed Exhibit H for the record,summarizing the status of the project and progress made by the applicant since the hearing on May 24, 2006. He stated staff recommends approval of the Final Plan, conditional upon the applicant completing an agreement with the Pierce Lateral Ditch Company. Mr. Ogle stated Monica Mika, Director of Department of Planning Services, spoke with Ken Lind, representative for the Pierce Lateral Ditch Company,who indicated there is no agreement at this time; however, a finalized agreement may be submitted in the future. Mr. Ogle further stated staff supports the deletion of Condition of Approval#1.Q.14 regarding the pedestrian/equestrian trail,and requests the applicant submit a corrected Change of Zone plat. In response to Commissioner Jerke, Mr. Schei stated the agreement with the Pierce Lateral Ditch Company is necessary to accommodate drainage from the site. Commissioner Jerke expressed concern with approving the proposal without the appropriate agreements in place, which may result in a nine-lot subdivision without adequate drainage. 2006-1441 PL1791 gilt��, %GL/ y LYE -O HEARING CERTIFICATION - MIKAL TORGERSON (PF #1066) PAGE 2 Mikal Torgerson, applicant, stated the Pierce Lateral Ditch Company has provided an agreement, which he supports and agrees to sign. He stated once he receives and pays the bill for the various fees associated with the agreement,the matter will be completed. Responding to Commissioner Jerke, Mr.Torgerson stated the pedestrian/equestrian trail was proposed to be a gravel path along the perimeter of the property;however,the Department of Public Works and the Pierce Lateral Ditch Company expressed concern with drainage swales in close proximity to the trail and liability issues. In response to Chair Geile, Mr.Schei submitted an unsigned copy of the agreement, and Mr.Ogle reiterated the legal counsel for the Pierce Lateral Ditch Company indicated the agreement has not been finalized. Responding to Commissioner Jerke, Mr.Ogle stated if an applicant fails to submit a final plan within three years,the matter is presented to the Commissioners for a final determination. Commissioner Vaad suggested striking Condition of Approval#1.E and replacing itwith language that requires the applicant to sign the agreement,with the understanding that the final plat cannot be recorded until the agreement is signed by the Ditch Company. Mr. Barker clarified the agreement was sent by Mr. Lind, and upon approval and payment of the legal fees,the matter will be considered resolved. He suggested modifying Condition of Approval#1.E to add language which requires the applicant to submit a fully executed copy of the agreement prior to recording the final plat. In response to Chair Geile,Mr.Torgerson stated he has reviewed and concurs with the Conditions of Approval as proposed and modified. No public testimony was offered concerning this matter. Commissioner Long moved to approve 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, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. His motion also included the amendment to Condition #1.E to require the applicant to submit a recorded copy of a fully executed agreement with the Pierce Lateral Ditch Company prior to recording, and the deletion of Condition of Approval #1.Q.14. The motion was seconded by Commissioner Vaad, and it carried unanimously. (Clerk's Note: Pursuant to discussion at the hearing on May 24,2006,Condition#1.Q.8was modified to add"if it is determined that the May24, 2006, centerline of the Pierce Lateral Ditch allows," and Condition#2.Y was amended to replace "drainage and runoff' with "wastewater." There being no further discussion, the hearing was completed at 11:00 a.m. 2006-1441 PL1791 HEARING CERTIFICATION - MIKAL TORGERSON (PF#1066) PAGE 3 This Certification was approved on the 19th day of June 2006. APPROVED: AN A ► '� BOARD OF COUNTY COMMISSIONERS a t WELD COUNTY, COLORADO ATTEST: 44V EXC SED DATE OF APPROVAL r �s M. J. G ile, Chair Weld County Clerk to the'1 *i. mil-,. s;r�`` �� 1 1 David E. Long, Pro- em BY: Y LL G LCt� ,. De Cler to the Board ' --W-am H. Jerke TAPE #2006-23 V'DJ Robert D. Masden DOCKET#2006-32 Glenn Vaad 2006-1441 PL1791 EXHIBIT INVENTORY CONTROL SHEET Case PF #1066 - MIKAL TORGERSON Exhibit Submitted By Exhibit Description A. Clerk to the Board Notice of Hearing B. Applicant Letter from Pierce Lateral Ditch Engineer, dated 05/23/2006 C. Planning Staff Utilities Coordinating Advisory Committee Minutes, dated 05/11/2006 D. Planning Staff Utilities Coordinating Advisory Committee Minutes, dated 08/27/2006 E. Applicant PowerPoint Presentation F. Applicant E-mail re: Pedestrian/equestrian trail, dated 06/07/2006 G. Planning Staff Certification and Photo of sign posting H. Planning Staff Memo from Drew Scheltinga, dated 06/12/2006 Public Works Staff Draft Agreement to Allow Discharge of Drainage Water into the Pierce Lateral J. K. L. M. N. Q. P. Q. R. S. 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