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Home My WebLink About20063340.tiff HEARING CERTIFICATION DOCKET NO. 2006-80 RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1078, FOR ST. VRAIN LAKES, FILING 1 - CARMA BAYSHORE, LLC A public hearing was conducted on December 6, 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 - EXCUSED Commissioner Glenn Vaad - EXCUSED Also present: Acting Clerk to the Board, Jenny Luna County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Pam Smith Public Works representative, Drew Scheltinga The following business was transacted: I hereby certify that pursuant to a notice dated November 17, 2006, and duly published November 22, 2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Carma Bayshore, LLC, for a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1078,for St.Vrain Lakes, Filing 1,for 542 lots with R-1 (Low Density Residential)Zone uses;409 lots for Townhomes with R-2(Duplex Residential)and R-3(Medium Density Residential)Zone uses;C-1 (Neighborhood Commercial)and C-2(General Commercial) Zone uses; and continuing Oil and Gas Production uses, along with 230.02 acres of open space consisting of a river corridor, private recreational lakes, and community parks. Bruce Barker, County Attorney, made this a matter of record, and advised the applicant's representative, Tyler Packard,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. Mr. Packard indicated he would like to proceed today. Kim Ogle, 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 stated the site is located on 460 acres,the Change of Zone was approved by the Board on March 15,2006, and the Service Plans for the Saint Vrain Lakes Metropolitan Districts Nos. 1-4 were accepted by the Board on August 30,2006. He stated the site is located east of the Interstate 25 Frontage Road and south of Weld County Road 28,the surrounding properties are generally agricultural in nature, and the Southwest Weld County Administrative Buildings are located to the south. He further stated the site is located within the Mixed Use Development area, and within the three-mile referral area for the Towns of Mead, Firestone, and Frederick; however, no municipal referrals have been received. Mr. Ogle stated Weld County Road 13, State Highway 66, and Interstate 25 Frontage Road are the paved roads within the vicinity of the development, and Weld County Road 28,west of Weld County Road 11, has been annexed by the Town of Mead. He stated the development will be serviced by the Little Thompson Water District for potable water and fire protection,and the Saint 2006-3340 PL1815 �l' : /4-, ,�� //Z- /a/a7/67G HEARING CERTIFICATION - CARMA BAYSHORE, LLC (PF#1078) PAGE 2 Vrain Sanitation District will handle the effluent flow. He stated eighteen referral agencies reviewed the case,and no letters or phone calls have been received by staff regarding the case. In response to Chair Geile, Mr.Ogle stated the Town of Mead provided referral comments at the Change of Zone hearing,and recommended the applicant be directed to petition for annexation to the Town. Further responding to Chair Geile, Mr. Ogle stated the previous referral contained generic opposition statements, and clarified the Town of Mead did not respond to the referral for the Final Plan application. Pam Smith, Department of Public Health and Environment,stated the development will be serviced by the Little Thompson Water District and the Saint Vrain Sanitation District. She stated the development will contain active and passive recreational activities, including a trail system and a water feature area for the ballfields. She further stated commercial uses are also proposed for the development, and those uses will be processed through a Site Plan Review. Drew Scheltinga,County Engineer,stated the applicant submitted revised plans on November20, 2006, and the Department of Public Works is still in the process of reviewing the plans. He stated issues still exist regarding drainage,and 600 acres that drain to a specific location must cross Weld County Road 28. He stated the outstanding issues have solutions; however, staff is not able to provide approval of finalized plans. He further stated staff has held several meetings with the applicant, and all necessary comments and standards have been included in the Resolution. Mr.Scheltinga stated FEMA has approved a Conditional Letter Map Revision to allow the applicant to complete work within the floodway, and the Colorado Department of Mining and Reclamation Safety has approved modifications to allow the applicant to complete work on the lakes. He stated the Department has issued a Grading Permit,the applicant has posted bond for the required work, and the water and sewer work have progressed. Mr.Scheltinga stated two additional issues need to be addressed,including the construction of Weld County Road 9.5 and the provision of access to the Martinez property. He stated a conference call was held with the applicant's representative, along with a representative from engineering firm Carroll and Lange,and all parties are in agreement; however,there is a large amount of outstanding work to be done. He stated the Martinez property is located along Interstate 25, north of and adjacent to the proposed development;the original plans indicated access to the property from Weld County Road 28; and the Martinez property has been annexed into the Town of Mead. He stated it has come to the attention of staff that the access will be removed when the widening of Interstate 25 is completed, and Mr. Martinez will be left without an access to his property. He stated the applicant and Mr. Martinez have developed an agreement to provide access through the development; however,a finalized agreement needs to be signed by both parties. He further stated the access to the Martinez property will not be considered as public right-of-way,and the Resolution requires that a final agreement be reached prior to recording the plat. In response to Chair Geile, Mr. Barker stated the Board may move forward with the hearing even though there are outstanding issues. Commissioner Jerke stated he would like the applicant to address the drainage issues and water features within the development. Mr.Scheltinga stated the Department is in the process of finalizing an agreement with the Colorado Department of Transportation, and the Towns of Mead and Firestone, to transfer funds to Weld 2006-3340 PL1815 HEARING CERTIFICATION - CARMA BAYSHORE, LLC (PF#1078) PAGE 3 County to be utilized for the relocation of Weld County Road 9.5. He stated Carroll and Lange will handle the design of a one-mile segment between Weld County Road 28 and State Highway 66. He stated staff will acquire the appropriate right-of-way and provide for relocation of existing utilities. He further stated the goal of the project is to design the entire project for four-lane construction of Weld County Road 9.5, and the first segment of that goal includes construction of the initial four lanes of the road in conjunction with the applicant and the Town of Mead. He stated the applicant has agreed to facilitate an agreement, and staff hopes to have the agreement finalized by the end of December,2006,so that reliable estimates may be obtained. Mr.Scheltinga stated the applicant will need to dedicate the necessary right-of-way for Weld County Road 9.5, and the applicant has provided a legal description to which a Deed of Dedication may be attached. He summarized that the applicant has made significant progress; however, there is still a lot of work to be completed, which is addressed within the Resolution. In response to Chair Geile, Mr. Scheltinga stated the County has a responsibility to complete Weld County Road 9.5 by December, 2007, and Weld County is the fiscal agent of the project. Further responding to Chair Geile, Mr. Scheltinga stated agreements have been drafted with the Town of Mead; however,they have not been finalized. He further stated the Resolution states the applicant must obtain approval from the Department of Public Works prior to recording the plat, and the matter will not come before the Board in another hearing. Mr. Packard stated it has been a pleasure working with staff during this process. He stated the Service Plans for the Metropolitan Districts have been approved,and the Petition for Inclusion into the Southwestern Weld County Law Enforcement Authority has been submitted. He stated the development will contain single family units,with less than 3.5 dwelling units per acre, and restricted commercial uses. He further stated many of the outstanding issues that need to completed are regional issues, and the dedication of right-of-way for Weld County Road 9.5 has been included in the plat. In response to Chair Geile, Mr. Packard stated 140 feet of right-of-way has been provided at the portions where Carma owns the property on both sides of the road,and 70 feet of right-of-way has been provided for the rest of the area. He stated access to the Martinez property was included in the Change of Zone materials; however, it was removed at the request of the Town of Mead. In response to Commissioner Jerke, Mr. Packard stated the development will not impact the Saint Vrain River,and the lakes located at the southern edge of the development will accommodate the water with an overflow structure and slide gate. He stated an agreement with the Little Thompson Water District has already been executed for the capture of stormwater to be released into the river. Further responding to Commissioner Jerke, Fred Tafoya,Carroll and Lange,stated the development will have a large retention pond,the three existing ponds will be combined into one lake facility,and the stormwaterwill be held in the lake. He stated the stormwaterwill be released back into the river as necessary. In response to Commissioner Jerke, Mr.Tafoya stated the water will be released at a five year historic rate. No public testimony was offered concerning this matter. In response to Chair Geile, Mr. Packard stated he has reviewed,and concurs with,the Conditions of Approval as proposed, with the exception of Criteria of Approval #2.e.2. He stated the requirement to provide a large amount of collateral before the plat may be recorded is a huge financial burden for the applicant. He suggested the language be modified to state that collateral be 2006-3340 PL1815 HEARING CERTIFICATION - CARMA BAYSHORE, LLC (PF #1078) PAGE 4 required prior to the issuance building permits, so that a bond may be issued for each phase of the development,or for each major improvement. He stated the development will take approximately four years to reach full buildout,which will require approximately$56 million in capital improvements. In response to Chair Geile, Mr. Barker stated other Counties do not require the total amount of collateral for phased development projects, and it is acceptable to require collateral to be posted for each phase of the development. Commissioner Jerke moved to modify Criteria of Approval#2.e.2 and Condition of Approval #1.A, as proposed by Mr. Barker. The motion was seconded by Commissioner Long, and the motion carried unanimously. (Clerk's Note: Following the hearing, Mr. Barker provided the following language to replace the last sentences of Criteria of Approval#2.b.2,#2.e.2,and#2.f.1,and Condition of Approval#1.A: "The ImprovementsAgreement shall include a requirement that collateral be submitted and approved prior to the commencement of each phase, with such collateral covering all of the public improvements to be constructed in the phase about to be commenced.") In response to Chair Geile, Mr. Barker stated he believes adequate Conditions of Approval are included in the Resolution. Commissioner Jerke moved to approve the request of Carma Bayshore, LLC, for a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1078,for St.Vrain Lakes, Filing 1, for 542 lots with R-1 (Low Density Residential) Zone uses; 409 lots for Townhomes with R-2 (Duplex Residential) and R-3 (Medium Density Residential) Zone uses; C-1 (Neighborhood Commercial) and C-2 (General Commercial) Zone uses; and continuing Oil and Gas Production uses, along with 230.02 acres of open space consisting of a river corridor, private recreational lakes, and community parks, based on the recommendations of the Planning staff,with the Conditions of Approval as entered into the record. His motion included the modification to Criteria of Approval#2.e.2 and Condition of Approval#1.A. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 11:25 a.m. 2006-3340 PL1815 HEARING CERTIFICATION - CARMA BAYSHORE, LLC (PF #1078) PAGE 5 This Certification was approved on the 11th day of December 2006. APPROVED: BOARD OF OUNTY COMMISSIONERS �� WELD CO TY, COLORADO ATTEST: /lull 1 a r - . eile, Chair Weld County Clerk to the B 4' ' - ,c) David E. ong, Pro- BY: eblel,6117 9_ Deputy Clerk to the Board d William H. Jerke TAPE #2006-42 EXCUSED Robert D. Masden DOCKET#2006-80 EXCUSED Glenn Vaad 2006-3340 PL1815 EXHIBIT INVENTORY CONTROL SHEET Case PF# 1078 - CARMA BAYSHORE, LLC Exhibit Submitted By Exhibit Description A. Clerk to the Board Notice of Hearing B. Kerr Mc-Gee Letter re: Surface Use Agreement C. Applicant Petition for Inclusion of Land D. County Attorney Revised Language for Condition of Approval #1.A and Criteria of Approval #2.e.2 E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. 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