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Home My WebLink About20020426 HEARING CERTIFICATION DOCKET NO. 2002-12 RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN, S#611, FOR A FIVE (5) LOT MINOR SUBDIVISION - SHULTZ FIRST SUBDIVISION - HARLEN SCHULTZ A public hearing was conducted on February 20, 2002, at 10:00 a.m., with the following present: Commissioner Glenn Vaad, Chair Commissioner David D. Long, Pro-Tern - EXCUSED Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Robert D. Masden Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Kim Ogle Health Department representative, Pam Smith Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated February 1, 2002, and duly published February 6, 2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Harlen Schultz for a Site Specific Development Plan and Final Plan, S #611, for a five (5) lot Minor Subdivision. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Vaad advised the applicant's representative, Ken Merritt of Landmark Engineering, 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. Merritt 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 Change of Zone was approved on October 25, 2000, and he gave a brief description of the location of the site and surrounding uses. Mr. Ogle stated the site currently consists of non- irrigated pasture, with no improvements. He further stated 14 referral agencies responded favorably, and he has received no comments of concern from surrounding property owners. He stated domestic water and water for fire protection will be provided by the Little Thompson Water District, and the septic systems will be installed pursuant to Weld County Department of Public Health and Environment regulations. He further stated the site has adequate access,and following a site inspection by the Department of Public Works and the Larimer County Engineering Department, staff determined as part of the Improvements Agreement, the applicant will be required to relocate and realign the McIntyre Ditch. Mr. Ogle stated two Agreements have been signed by all parties regarding the relocation, realignment and construction of the ditch. He stated following a Utility Board hearing, the applicant agreed to rectify several areas which need to be clarified for the final plat. He submitted a Memorandum, marked Exhibit G, requesting the addition 2002-0426 e: 2 //L PL1442 ,0 HEARING CERTIFICATION - HARLEN SCHULTZ (S #611) PAGE 2 of new language under Conditions#3.J and#3.K to address the issue of septic envelopes and their location. He also stated the second sentence of Condition #3.B can be deleted as there are no water rights associated with this site. Pam Smith, Department of Public Health and Environment, clarified she is not concerned with the location of the septic envelopes as long as there is a secondary site in the event the primary system fails. Ms. Smith stated the new language was proposed by the applicant and revised by the Health Department to address that request. Mr. Morrison added this project is unique because the construction documents will be recorded with the final plat. He suggested amending the second to last sentence of paragraph #1 listed in Exhibit G to state, "These envelopes may be moveable, provided the envelopes are of equal or greater area,and meet all required setbacks and be documented by an Affidavit of Correction." He explained this would allow the property owner to show the location of the septic envelopes. In response to Chair Vaad, Mr. Ogle stated this would be part of Condition #3.J is the request is approved. Drew Scheltinga, Department of Public Works, stated he met with the applicant, McIntyre Ditch Company, and the Larimer County Engineering Department to discuss improvements to the road. He explained the McIntyre Ditch currently flows in an irregular pattern adjacent to the roadway. He stated they all agreed to relocate the ditch to the east in a private easement, as indicated in the letter dated June 11, 2001, marked Exhibit E. Since then the Ditch Company and the applicant have entered into a Letter Agreement, dated February 19, 2002, indicating the ditch will be placed in a culvert; however, they are still working on the final design. He stated at the expense of the applicant, the ditch culvert will be relocated in a ditch easement which will be beyond the 30 feet of existing right-of-way and 20 feet of reserved right-of-way. Mr. Scheltinga stated the plats and plans have been reviewed by the Department of Public Works and he recommends approval. Responding to Chair Vaad, Mr. Ogle stated this matter is addressed under reason #2.g. In response to Commissioner Jerke, Mr. Scheltinga stated most of the trees along the road have been removed and the ditch will be relocated to accommodate future road development. He reiterated the ditch easement will be located 50 feet east of the center line beyond existing right-of- way and right-of-way reservation for Weld County Road 1. Mr. Merritt stated one year ago the Board approved a Recorded Exemption of this property and the Change of Zone. He stated the ditch will be relocated from the north side of the property to the south along Weld County Road 46. He expressed concern with the requirement for Affidavits of Correction. He stated their intent was to eliminate the need to record the septic envelopes on the lots so modifications are not required later. He stated because the lots are large, the applicant has no way of determining where the future homeowners will want to locate their houses and septic envelopes. Mr. Morrison stated it was his understanding that the construction plans include septic envelopes and that they were to be recorded with the plat. Responding to Mr. Merritt, Mr. Ogle stated because of the ditch issue, the Department of Planning Services is requesting the construction plans be recorded with the plat for this development. Mr. Merritt stated if the septic envelopes are recorded on the construction plans and it is later determined they need to be revised to coincide with the final location of the home, the change could be completed administratively. Mr. Morrison stated Section 24-5-50 of the Weld County Code provides for correcting plats without hearings, referral, or review, and the approved change would need to accompany the building permit application. Responding to Chair Vaad, Mr. Morrison stated his proposed amendment requiring an Affidavit of Correction is still needed. In response to Commissioner Jerke, Mr. Ogle 2002-0426 PL1442 HEARING CERTIFICATION - HARLEN SCHULTZ (S #611) PAGE 3 stated Condition #3.J would only be required as a note on the plat, not designating the specific location. Mr. Merritt stated with this size of lot it is difficult to determine the location of a house and septic envelopes; however, they will designate preliminary locations on the construction plans, which can be changed through an administrative process. In response to Commissioner Jerke, Mr. Morrison stated although these are large lots, this requirement is necessary to ensure future residents do not obstruct current and future absorption field areas. Ms. Smith stated primary and secondary septic envelopes are not normally required on lots larger than 2.5 acres; however, following the Sketch Plan Review the perk rates indicate the lots will require large engineered systems. She reviewed the options for septic systems for the record. Ms. Smith stated the proposed language was drafted at the request of the applicant for this project to ensure future property owners are aware that a septic system and septic envelopes are required. She further stated the future owners will also be able to relocate the envelopes as long as the new location is indicated on an Affidavit of Correction. Mr. Merritt stated because of poor soil conditions on this site, he understands the need for both envelopes; however, he would like to eliminate any need for the future residents to go through the entire amendment process. He further stated following a meeting with the McIntyre Ditch Company, the ditch will be enclosed in a culvert, the remaining trees will be removed, and the applicant will make the necessary changes to the drainage report to reflect the new water flow since the ditch will be enclosed. Responding to Commissioner Geile, Mr. Merritt stated the Homeowners' Association will be responsible for maintaining the roadway. Commissioner Geile suggested language also be added to indicate the Homeowners'Association will be responsible for maintenance of the septic systems. Ms. Smith stated in other cases the Homeowners' Association has been required to pump the septic systems on a regular basis, with an inspection to ensure the systems are functioning properly. She stated because of the large lot sizes and the requirement for a secondary septic envelope, in this case she does not feel the Homeowners' Association maintenance requirement is necessary. No public testimony was offered concerning this matter. In response to Chair Vaad, Mr. Ogle stated Condition #1.H is a duplicate of Condition #3.F, so it can be eliminated. He further stated Condition #3.L could be added to state, "The Homeowners' Association will be responsible for all maintenance of Schultz Lane. Weld County will not accept Schultz Lane for maintenance." Commissioner Geile commented due to soil conditions he feels it is important to include the language regarding septic envelopes, with the addition of language proposed by Mr. Morrison to require Affidavits of Correction if changes are made. Commissioner Jerke commented in the future it may be better to require designation of the building and septic envelopes at the time a building permit application is submitted. He stated these are large lots and it is difficult to predetermine where the locations of the home and septic envelopes will be. Commissioner Geile moved, and Commissioner Jerke seconded the motion to add item #1 of Exhibit G as Condition #3.J, with a modification to the second to last sentence to state, "These envelopes may be moveable, provided the envelopes are of equal or greater area, and meet all required setbacks and be documented by an Affidavit of Correction." The motion also included adding item #2 of Exhibit G as Condition #2.K. 2002-0426 PL1442 HEARING CERTIFICATION - HARLEN SCHULTZ (S #611) PAGE 4 Commissioner Masden moved to add Condition #2.L to state, "The Homeowners' Association will be responsible for all maintenance of Schultz Lane. Weld County will not accept Schultz Lane for maintenance." Commissioner Geile seconded the motion, which carried unanimously. Commissioner Jerke moved to delete Condition #1.H. Commissioner Geile seconded the motion, which carried unanimously. Responding to Chair Vaad, Mr. Merritt stated he and the applicant have reviewed and agree with the Conditions of Approval and Development Standards as proposed and amended. Commissioner Geile moved to approve the request of Harlen Schultz for a Site Specific Development Plan and Final Plan, S #611, for a five (5) lot Minor Subdivision, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record and modified. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion, the hearing was completed at 11:30 a.m. This Certification was approved on the 25th day of February 2002. APPROVED: BOARD OF COUNTY COMMISSIONERS �/ WELD COUNTY) CO ORADO ATTEST: �L�N /D�[ �''!'� 4,1` `! Glenn Vaad, Chair Weld County Clerk to t3W •, i � EXCUSED f�y C r-. qq $ David E. Lo , Pro-Tem BY: _t-' a . � r.�;aiJ , "� gt Deputy Clerk to the Bow. Pd1i M. J. Geile TAPE #2002-08 (/ln ' Iliam H. Jer DOCKET #2002-12 t ) obert D. Masden 2002-0426 PL1442 EXHIBIT INVENTORY CONTROL SHEET Case USR#611 - HARLEN SCHULTZ Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 01/15/2002) D. Clerk to the Board Notice of Hearing E. Landmark Engineering, Ltd. Letter and Agreement for Relocation and Realignment of Portion of McIntyre Ditch (02/19/2002) F. Planning Staff Photo of sign posted on site G. Planning Staff Memorandum with Proposed Language regarding Septic Envelopes (02/20/2002) H. J. K. L. M. N. O. P. Q. R. S. T. U. \ 9 ° � 2 0 o w ) > w % §j _ ) � � ° ` G k / i ■ i ] a 3\ / / � \ \ ' « \ / 6 2 \ o d / § 8 \ \ uJ = d o u 4 3 \ \ z § k / oZ • (U : Q, (Z1 W o ) © ©m\ \ w ( >- O.E \ - i§ » * ® © � « ® N / § \ li i- ix z % Q � z 2 ' 0 � / o u § co 0 >, § z O. % Hf « \ & § 6 1 « #a r to 2 0 g « = y § § § 2 � \/� ID C., -I k \ I 0 O ° Hello