HomeMy WebLinkAbout20062431 HEARING CERTIFICATION
DOCKET NO. 2006-54
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN,PF#521,FOR 19 LOTS WITH E(ESTATE)ZONE USES,ALONG WITH 15 ACRES
OF OPEN SPACE, IN ADDITION TO 36 ACRES OF OPEN SPACE AND EQUESTRIAN
USES LOCATED ON TRACT A- DON AND LINDA OWENS
A public hearing was conducted on August 30, 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 - EXCUSED
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, Jesse Hein
The following business was transacted:
I hereby certify that pursuant to a notice dated August 11,2006,and duly published August 16,2006,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Don and Linda
Owens fora Site Specific Development Plan and Planned Unit Development Final Plan, PF#521,
for 19 lots with E(Estate)Zone uses,along with 15 acres of open space, in addition to 36 acres of
open space and equestrian uses located on Tract A. Cyndy Giauque,Assistant County Attorney,
made this a matter of record,and advised the applicant's representative,Chris Pickett,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 Vaad will listen to the record and make the determining vote. Mr. Pickett 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 gave a
brief description of the location of the site,which is within the Intergovernmental Agreement(IGA)
area for the Town of Firestone. He further stated 15 referral agencies reviewed the proposal,and
11 responded favorably or provided comments which have been addressed in the Conditions of
Approval. Mr. Ogle reviewed the surrounding land uses, and stated the applicants are proposing
to install a three-foot berm to mitigate impacts to surrounding uses. He stated there is an
Annexation Agreement with the Town of Firestone,dated November 18,2003,and the applicants
are also proposing to vary the minimum lot size,which will range from 2.0 to 2.4 acres. He further
stated the site will be serviced by the Central Weld County Water District and Individual Sewage
Disposal Systems (I.S.D.S.) despite the location within an IGA. He explained public sewer is
approximately two miles from the site, therefore, staff supports the proposal until public sewer is
available. Mr. Ogle stated staff considers this an urban scale development,which requires curb,
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gutter, and sidewalk improvements, and the applicants have agreements with the oil and gas
operators on the property. Mr. Ogle submitted a Memorandum, marked Exhibit C, and stated the
Department of Planning Services is requesting the addition of Condition of Approval#2.K to state,
"At such time that the existing engineered septic system fails,each property owner shall be required
to connect to the existing St. Vrain Sanitation District System and pay the applicable fees for
connection." He further stated staff recommends denial of the proposal, since there is an
unrecorded Access Easement Agreement for crossing the ditch, nor does the agreement address
the issues expressed by the Department of Public Works regarding a Drainage Agreement. In
response to Chair Geile, Mr. Ogle reiterated there is an existing recorded Annexation Agreement.
He further stated Section 27-5-30.1 of the Weld County Code requires the submittal of an agreement
with any ditch located on, or adjacent to, the site drainage provider adjacent to the site.
Pam Smith, Department of Public Health and Environment, stated the proposal is for 19 lots,
ranging from 2.0 to 2.43 acres. She stated there are areas on the west that will require large
engineered systems,and the applicants have placed primary and secondary septic envelopes on
each lot, which are sized according to the site-specific needs. She stated Condition of
Approval #2.G addresses the two non-buildable lots.
Jesse Hein, Department of Public Works,stated the site will have two accesses from Weld County
Road 19,which is a collector status road. He stated Weld County Road 22, south of the site, is a
local gravel road, and the internal roadways will be constructed to County standards, with two
twelve-foot paved lanes and four-foot gravel shoulders. In response to Commissioner Jerke,
Mr. Ogle stated since the site is within an IGA, the Weld County Code requires curb, gutter, and
sidewalk improvements; however, the Department of Public Works is only requiring paving and
gravel shoulders,to be accepted by the County for maintenance after a one-year warranty period.
David Bauer, Department of Public Works, stated he reviewed the Drainage Report, submitted
March 8,2006,which proposed detension of stormwater runoff which would discharge to the Coal
Ridge Ditch. He stated in order to get water to the detention pond, the applicant will have to cross
a narrow strip of private land that separates Tract A from the remainder of the property,therefore,
staff requested an easement agreement to cross the private property and release drainage to the
ditch. He stated the applicant does not have the easement or an agreement for release of drainage,
and in the absence of those documents,the applicant is proposing to retain the water and allow it
to infiltrate the groundwater system through the base of the retention pond. Mr.Bauer stated even
if that proposal is accepted,staff is still requiring an easement to cross the narrow strip of land,and
the Department of Public Health and Environment has indicated that the percolation rates are going
to result in a slow seepage from the pond. Ms. Giauque stated staff submitted an oversized plat
map, marked Exhibit E.
Ms. Smith stated Section 27-6-50.B.10 of the Specific Development Guide in the application
materials states the Homeowners'Association will manage the maintenance of the septic systems;
however,the applicant is now proposing to remove that requirement from the Covenants,as from
the Specific Guide. She stated private maintenance of the septic systems will be adequate, and
there will be secondary septic envelopes if the first system fails.
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Chris Pickett, Pickett Engineering, represented the applicant and stated the septic systems will be
designed for site-specific conditions,and each lot owner will maintain their own septic system. He
stated the interior road will be paved with road-side ditches as displayed in the plans, and he
expressed concern with staff proposing a curb and gutter requirement in the Final Plan phase of the
process. Mr.Pickett stated the applicant desires to have publically maintained roads;however,they
are willing to privately maintain them, if required. He stated the whole site drains to the northeast,
and there is an easement for discharge into the canal. He further stated the applicants are
proposing to store drainage from a 100-year storm event and release it at the 5-year historic rate
near the tress in the northeast corner of the site. He stated the agreement with the Farmers
Reservoir and Irrigation Company(FRICO)has not been obtained,since it is very difficult to contact;
however, the Ditch Company has indicated it is willing to entertain a crossing. Mr. Pickett stated
water will continue to be released to the historic location at a decreased rate. Chair Geile stated he
is not satisfied with the drainage proposal, or the lack of an easement. Mr. Pickett stated there is
a Surface Access Easement,and FRICO has no legal means of preventing the water from draining
at the historical rate. He further stated if these issues are still a concern to the Board, he will
recommend they be required as Conditions which must be met prior to recording the plat,since they
are not substantial enough for denial of the overall proposal.
Don Jones stated he is the manager for the Parker property directly south of the subject site. He
stated they support the application,which appears to be the highest and best use of the property.
Mr.Jones stated the Parker property is in the Firestone Growth Impact Area,the applicant is willing
to meet all of Weld County's requirements,the soils are very sandy,there will be engineered septic
systems,there is an Annexation Agreement,and the area will be serviced by the St.Vrain Sanitation
District in the future. There being no further comments, Chair Geile closed public testimony. In
response to Commissioner Masden, Ms. Smith stated her comments were based on soils data
from 1999.
Responding to Chair Geile, Mr.Pickett stated he and the applicant have reviewed,and concurwith,
the Conditions of Approval as proposed and modified.
CommissionerJerke stated he supports allowing twelve-foot lanes and four-foot gravel shoulders.
He stated this will be a rural development, and maintenance should be the responsibility of the
Homeowners'Association. He stated he does not have concern with allowing septic systems,since
they will be engineered, if required.
Commissioner Masden stated the drainage proposal and the status of the Annexation Agreement
with Firestone are outstanding issues. He stated he feels this is a work in progress and he would
like to grant a continuance to have the issues resolved prior to final approval.
Commissioner Long concurred with the previous comments and stated he does not want the
County granting veto power to FRICO. He stated he agrees with allowing twelve-foot paved interior
roads which will be maintained by the Homeowners' Association.
Chair Geile stated he feels there are several outstanding issues that need to be done and he
supports a continuance.
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Responding to Chair Geile, Mr. Pickett stated in the five years he has been working on this project,
the issue from staff regarding curb, gutter, and sidewalk improvements was only expressed last
week. Mr. Pickett verified the outstanding issues to be resolved are: 1) drainage, 2) road
maintenance,3)submittal of a letter regarding removal of the provision for maintenance of the septic
systems by the Homeowners' Association, and 4) status of the Annexation Agreement with the
Town of Firestone. Commissioner Masden stated he wants verification that the Annexation
Agreement is current, and that approval of this proposal is not in violation of a more recent IGA.
No public testimony was offered concerning this matter.
Commissioner Jerke moved to continue the request of Don and Linda Owens for a Site Specific
Development Plan and Planned Unit Development Final Plan, PF#521,for 19 lots with E(Estate)
Zone uses,along with 15 acres of open space,in addition to 36 acres of open space and equestrian
uses located on Tract A,to September27,2006,at 10:00 a.m.,to allow the applicant adequate time
to complete the four outstanding issues of concern. The motion was seconded by Commissioner
Long, and it carried unanimously. There being no further discussion,the hearing was completed
at 12:00 p.m.
This Certification was approved on the 6th day of September 2006.
APPROVED:
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- OARD OF C.UNTY COMMISSIONERS
issi ELD CO �i Y, COLORADO
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ATTEST: f
;;,.. , M. J. le, Chair
Weld County Clerk to the Bo='s (sf 3 . '
BY: { �l i'ILL
David E. Long, Pro-Tem
Dep y Clerlvto the Board
Wi ' m H. Jerke
TAPE #2006-32a
Robert D. Masd n
DOCKET#2006-54 EXCUSED
Glenn Vaad
2006-2431
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