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Home My WebLink About20042940.tiff HEARING CERTIFICATION DOCKET NO. 2004-80 RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL A public hearing was conducted on September 15,2004,at 10:00 a.m.,with the following present: Commissioner Robert D. Masden, Chair - EXCUSED Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Pam Smith Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated August 20,2004,and duly published August 25,2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of River Runs Through It, LLC, for a Site Specific Development Plan and Planned Unit Development Plan, PF#1011,for 40 lots with R-1 (Low Density Residential)Zone uses, along with 193 acres of open space consisting of a river corridor and two private recreational lakes. Lee Morrison, Assistant County Attorney,made this a matter of record. Chair Pro-Tem Jerke advised Doug Tiefel,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 Masden will listen to the record and make the determining vote. Mr. Tiefel indicated he would like to proceed today. Sheri Lockman, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning staff into the record as written. She gave a brief description of the location of the site and surrounding land uses, which include numerous gravel mining operations allowed under Use by Special Review Permits. She stated 18 referral agencies reviewed this proposal, and 13 provided comments that have been addressed in the Conditions of Approval. She stated the Town of Mead is opposed to allowing an urban development in an unincorporated area and expressed interest in annexing the property, and the Town of Firestone indicated the request is not compatible with its Comprehensive Plan. She further stated the northern portion of the site will be serviced by the Little Thompson Water District and the southern portion will be serviced by the Central Weld County Water District, and public sewer will be provided by the Saint Vrain Sanitation District. Ms. Lockman stated the applicant requested an administrative review of the Final Plan;however,they were unable to meet the Conditions approved at the Change of Zone. She explained the applicant was not able to obtain an agreement to cross an adjacent property for the emergency access, therefore, it has been relocated to run between Lots 8 and 9. She stated this change has been reviewed by the Mountain View Fire Protection 2004-2940 PL1678 ft. ,1-O, //Lc002 in-�� % HEARING CERTIFICATION - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL (PF #1011) PAGE 2 District, and there is a Condition that requires the applicant to contact the District prior to construction. She submitted late referral responses from the Division of Water Resources and Town of Firestone, marked Exhibits C and D, respectively, and requested their comments be incorporated into the Resolution as described in Exhibit F. She also submitted a draft copy of the September 9,2004, Utilities Advisory Committee Minutes,and explained the applicant requested additional changes to the easements in the north portion of the PUD. Ms. Lockman stated the request was approved by the members present;however,due to the absence of one member,that person must listen to the tape and make a determination. She stated the Conditions of Approval require all easements to be shown on the plat,and she will forward the final minutes to the Clerk to the Board as soon as possible. Ms. Lockman stated she did receive a telephone call from Merri Gould,surrounding property owner,who expressed concern regarding the lateral ditches running along the south and east sides of the property. She wanted to ensure the laterals were noted on the plat and that adequate area was reserved for cleaning and maintenance. To address these concerns, Ms. Lockman required Conditions#1.F,#2.1,and#2.J be added as shown on Exhibit F. She also stated this site is within the Mixed Use Development Area, therefore, she requested paragraph#2.a.3 be modified to state,"The proposed site is not influenced by any Intergovernmental Agreement." In response to Commissioner Vaad, Mr. Morrison stated the proposed language for Conditions#1.E and#2.H comes from the State Engineer's letter. It is intended to give notice to future homeowners of the language that is in the agreement between the property owner and Central Colorado Water Conservancy District, and the possibility that they may have to generate an augmentation plan. CommissionerJerke expressed concern with including language that puts requirements on the Conservancy District;however,Mr.Morrison clarified the agreement is already in place and is not being required by the Board. He stated the language was recommended by the State Engineer's Office; however, it may be more appropriate to just reference the agreement rather specify the terms in the Board's Resolution. In response to Commissioner Geile, Mr. Morrison stated the lake owner is responsible for augmentation, and they chose to enter into an augmentation agreement under which they dedicated certain water rights. In the event the State Engineer's Office states the augmentation is not good enough, then the Central Colorado Water Conservancy District will return the water rather than seeking more water to make it work. Mr. Morrison stated if that happens,the Homeowners'Association will be responsible for finding more water and doing a new augmentation plan. Commissioner Jerke commented the Cease and Desist Order would be issued by the State Engineer requiring the lake owner to prevent evaporative loses. Ms. Lockman proposed modifying the language for Conditions #1.E and #2.H to state, "In accordance with the Augmentation Agreement with the Central Colorado Water Conservancy District,the Pelican Shores Homeowners'Association could be held responsible for ensuring the evaporative depletions from the site are being replaced." Mr. Morrison suggested also including the recording information for the Augmentation Agreement. Pam Smith, Department of Public Health and Environment, stated the site will be served by the Central Weld County Water District and Little Thompson Water District, as well as the St. Vrain Sanitation District for sewer. She stated the recorded Change of Zone plat shows three boat ramps that also need to be reflected on the Final Plat. She stated the recreation on the lakes will be for the homeowners and their guests,so no additional State regulations will apply unless they sell permits to outsiders. Peter Schei, Department of Public Works, stated the northern portion of the site will be accessed from Weld County Road 13, and the southern area will be accessed from Weld County Road 26. 2004-2940 PL1678 HEARING CERTIFICATION - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL (PF #1011) PAGE 3 He stated the applicant has dedicated right-of-way along Weld County Road 13 for a bridge project over the St. Vrain River, and in exchange there will be no requirements for off-site improvements to Weld County Road 13. He further stated they will be required to make improvements to Weld County Road 26,adjacent to the property,to meet the Mixed Use Development(MUD)area criteria, including curb,gutter, and sidewalks. In response to Commissioner Jerke, Mr. Schei stated Weld County Road 26 is currently gravel; however,the interior roadways will be paved. Responding to Commissioner Vaad, Mr. Schei stated the haul route for the gravel mining operations to the east uses Weld County Road 13. Doug Tiefel, Columbine Land Resources, Inc., represented the applicant and stated the southern portion is owned by River Runs Through It, LLC, and the northern portion is under his personal ownership. He stated there will be two separate Homeowners'Associations to be developed in two different phases. Mr.Tiefel stated the County Attorney's Office has recommended the open space be deeded to the Homeowners'Association, and he is also proposing to include a proportionate share of the water rights from himself to the Homeowners'Association so the individual lot owners will not have the responsibility. (Switched to Tape #2004-41.) He stated this is the first augmentation agreement the Conservancy District has entered into,and it has been recorded. He further stated there can be a total of 129 acre feet of water on the total property,with up to 109 acres of new water created through the mining operation. Currently,they are up to 107 acres,which does not include the islands created in the north lake, and they have not exceeded any of the new open water requirements. Mr.Tiefel stated they must describe how the water would be given to each of the Homeowners'Associations in the event the augmentation plan is deemed insufficient. He stated the water used in the Augmentation Plan is senior water from the Rural Ditch,and it is unlikely the Central Colorado Water Conservancy District will want to relinquish it. He further stated the potential for the transfer of augmentation responsibilities to the Homeowners'Association will be included in the title commitment documents and in the information packet distributed to future homeowners. Mr. Tiefel stated he left the boat ramps off of the final plat because he has not yet designated the active and passive recreation areas. He indicated the two areas designated for recreation where the restroom vault facility will also be located, and the third boat ramp is just part of the open space with no improvements. He referenced the last sentence of Condition#1.A and requested it be modified to reflect there will only be two recreational areas. He also referenced Condition#1.Q and stated the mining is complete and in the grass/seed reclamation phase,and he questioned if a letter is sufficient to request the vacation of Use by Special Review Permit#639 since it will need to be done simultaneously with the State inspection and release. Mr. Morrison stated that would be adequate. Mr.Tiefel stated the engineer completed the final items requested by the Department of Public Works,and they will be submitted following the hearing. He stated they will work on a separate agreement for Weld County Road 26. Tom Daily,surrounding property owner,stated when the site was graded the elevation was raised approximately five feet,and he expressed concern with potential impacts when stormwater drains into the area from the south toward the river. Mr. Schei indicated he needs to investigate the situation further; however, he stated the applicant was required to go through a detailed drainage study, which was done in 2002 that detailed the existing drainage patterns. The study did not indicate there would be any adverse effects on the adjacent properties. Mr. Daily stated the grading was elevated above historical levels which may result is increased flooding. He stated 20 years ago they experienced a 100-year flood that resulted in two feet of water flowing through the area. Mr. Schei stated staff has reviewed the 100-year flood conditions and they have been documented in 2004-2940 PL1678 HEARING CERTIFICATION - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL (PF #1011) PAGE 4 great detail. CommissionerJerke commented there is a certain level of liability if the documentation is faulty. Mr. Morrison stated the general rule in Colorado is that the historical nature or quantity of the flow cannot be changed. However, in this instance,the concern is what will happen since the flow is hindered and not altered. Commissioner Vaad stated at the Change of Zone, there was discussion regarding the stormwater flow starting in Erie and flowing south. He stated the issue has been partially addressed by retention/detention ponds; however,the accumulative effects have not been taken into account for the 15,000 acres south of this area. He stated the Southwest Weld Drainage Authority tried to address the regional issues; however, they were unsuccessful in requiring Erie, Frederick, Firestone,and Dacono to be responsible for the accumulative amount of flow coming into this area. Mr.Tiefel stated the Rural Ditch and Godding Hollow Ditch merge along the western property line in a 15-foot-deep by 50-foot-wide canal. He stated the Rural Ditch Company did require a 50-foot right-of-way along the canal leading to the river,in addition to a 50-foot right-of-way on the other side of the property line. He stated they intend to use the 100-foot easement to provide for major future improvements that would include a new culvert under Weld County Road 26. He stated one mile south on Weld County Road 24 the area is developing,and the water west of Weld County Road 13 also comes down through the farms to drain to the river. Mr. Tiefel stated he discussed the issue with a representative from the Rural Ditch Company and determined that there will be a major drainage system that will need to be implemented in the future. He stated the grading work was done prior to his ownership by the mining operators. Responding to Commissioner Jerke,Mr.Tiefel stated the engineers have designed inlets from Weld County Road 26 into the lakes to prevent flooding on the road and properties to the south. He stated the water currently flows east to Weld County Road 13,so this design will provide a significant improvement. There being no further public comment,Commissioner Jerke closed public testimony. In response to Commissioner Jerke, Mr. Tiefel stated he has reviewed and concurs with the Conditions of Approval as proposed and modified. Commissioner Jerke stated he did have initial concerns with the language proposed by the State Engineer's Office; however, he does support the revised version provided by Ms. Lockman. Commissioner Geile commented he concurs that the Board should not be involved as a third party and supports the modification by staff, with the understanding that the issue will be disclosed to future property owners regarding the augmentation situation. He further stated the applicant has made accommodations for the potential water buildup north of Weld County Road 26, in addition to anticipated other major improvements in the region. Commissioner Geile agreed with the change in Condition#1.A to reflect"two"recreation areas and accepting a letter from the applicant to vacate Use by Special Review Permit#639. Commissioner Vaad commented paragraph #2.a.1 also needs to reflect two recreation areas. Ms. Smith reiterated that at the Change of Zone there were two active boat ramps on the south lake and one on the north and one abandoned site. Mr.Tiefel explained the two ramps in the southern lake are only 100 feet apart and face different directions; however, they are in the same recreational area. Ms. Smith acknowledged that clarification and stated Condition#1.R.2 can be deleted because it is addressed in Condition#2.G. Commissioner Jerke stated the motion also needs to reflect the change to paragraph#2.a.3 because the site is within the MUD. Commissioner Geile stated he appreciated the testimony regarding stormwater runoff and the regional drainage issues. 2004-2940 PL1678 HEARING CERTIFICATION - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL (PF #1011) PAGE 5 Commissioner Geile moved to approve the request of River Runs Through It, LLC, for a Site Specific Development Plan and Planned Unit Development Plan, PF #1011, for 40 lots with R-1 (Low Density Residential)Zone uses,along with 193 acres of open space consisting of a river corridor and two private recreational lakes,based on the recommendation of the Planning staff and the Planning Commission,with the Conditions of Approval as entered into the record. His motion also included amending paragraph#2.a.1 and Condition#1.A to reflect two recreational areas rather than three,deleting the phrase"or the Mixed Use Development area"from paragraph#2.a.3, and adding Conditions #1.E and #2.H to state, "In accordance with the Augmentation Agreement recorded on May 15, 1986, in Book 1112, Reception No.2053601,with the Central Colorado Water Conservancy District,the Pelican Shores Homeowners'Association could be held responsible for ensuring the evaporative depletions from the site are being replaced." Additional changes included adding Condition#1.F to state,"The applicant shall indicate the location of any existing lateral ditch," deleting Condition#1.R.2,adding Condition#2.1 to state,"Access shall be granted onto the property for the explicit purpose of cleaning and maintaining existing lateral ditches as indicated on the plat," adding Condition #2.J to state, "Construction on any ditch within carried water to surrounding properties shall be done so that the delivery of water is not impaired,"and renumbering or relettering accordingly. The motion was seconded by Commissioner Long,and it carried unanimously. There being no further discussion, the hearing was completed at 11:35 a.m. This Certification was approved on the 20th day of September 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS Mellietait WELD COUNTY, COLORADO 2 . EXCUSED Robert D. Masden, Chair ir Clerk to the Board William H. rke, Pro-Tem Or' �, Clerk to the Board /„/• _v%c.✓ c °elev./ TAPE #2004-41 and #2004-42 C David E. Long DOCKET#2004-80 EXCUSED DATE OF APPROVAL Glenn Vaad 2004-2940 PL1678 EXHIBIT INVENTORY CONTROL SHEET Case PF #1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL Exhibit Submitted By Exhibit Description A. Clerk to the Board Notice of Hearing B. Planning Staff Certification and Photo of sign posting (filed with Staff Comments) C. Office of the State Engineer Referral response, dated 08/31/2004 D. Town of Firestone Referral Response, dated 09/08/2004 E. Planning Staff Minutes of Utilities Advisory Committee for 09/09/2004 F. Planning Staff Recommended Changes to Conditions of Approval, submitted 09/15/2004 G. H. J. K. L. M. N. O. P. Q. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF SEPTEMBER, 2004: DOCKET#2004-82 - DALLAS AND MARJORIE SCHNEIDER DOCKET#2004-80 - RIVER RUNS THROUGH IT, LLC PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip dvo5 �c �� FMS 3 2S n� ,�drn? 56/ (4 12 2l0 e/ yf2 04 Cor eui e-rod SoS kh s-cvw52 , C. -R uti-Y. eo(o:3 t i24-4 S Si' ive jai er GG) Gv e-,r, Ac,N,�-��©ir�7— G°d �Osdv yka&t 2-1/Afte-<-, w c /f I g nl` - it f 0O S'aso c� Hello