HomeMy WebLinkAbout20031126.tiff HEARING CERTIFICATION
DOCKET NO. 2003-33
RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN,
MF #589, FOR FOUR (4) RESIDENTIAL LOTS - RIC HANSEN
A public hearing was conducted on April 30, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
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 April 11, 2003, and duly published April 17, 2003,
in the South Weld Sun, a public hearing was conducted to consider the request of Ric Hansen for
a Site Specific Development Plan and Minor Subdivision Final Plan, MF #589, for four (4)
residential lots. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri
Lockman, 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.
Pam Smith, Department of Public Health and Environment, stated she had no comments.
Responding to Commissioner Geile, Peter Schei, Department of Public Works, stated Weld County
Road 86 is gravel; therefore, an off-site improvements agreement would be required for the
applicant to share a proportional share of the cost of improvements to the road if the project is
accomplished during the next five years.
Mikal Torgerson, M. Torgerson Architects, PC, represented the applicant; however, he did not
make a formal presentation.
Dan Cass, Mayor of Ault, asked the Board not to support a developer who has failed to meet
previous commitments to this Town Board. He stated Mr. Hansen, through various cost
agreements and other development projects, currently owes the Town of Ault$8,900; even though
Mr. Torgerson gave him a check for$2,000 this morning. Mayor Cass stated the Town of Ault will
not grant any further requests from Mr. Hansen until his obligation to the town is paid in full,
although he indicated Mikal Torgerson has no part of the liability owed by Mr. Hansen.
Chair Long closed public testimony. Responding to Commissioner Vaad, Mr. Schei stated the
on-site private improvements agreement has been received; however, staff is also requesting an
off-site agreement. Mr. Morrison reviewed the applicant's options for collateral, and stated the
Board of County Commissioners reviews the proposed collateral at the time the improvements
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HEARING CERTIFICATION - RIC HANSEN (MF #589)
PAGE 2
agreement is presented for approval. Responding further to Commissioner Vaad, Mr. Morrison
stated the agreements must be in place prior to recording the plat, and he cannot contemplate
anything that would risk being an outstanding liability. Responding to Commissioner Geile, Ms.
Lockman stated this is the first time she has heard of any outstanding liability being attached to Mr.
Hensen's name. Mr. Morrison stated there currently is no litigation pending against him, and
clarified for Commissioner Geile a Special Warranty Deed is done when the seller is not willing to
guarantee title to the period of time before his ownership.
Commissioner Jerke questioned the verbiage "highly suggested" and "proportional share of the
cost of upgrades" in the last sentence of paragraph#2.c. of the draft resolution, as well as the last
sentence of#2.g. Mr. Schei clarified staff is asking that the applicant be required to participate in
an off-site road improvements agreement, with the applicant's proportional share being a total of
$10,400. He stated this would follow the standard agreement used in similar cases, where money
is placed into an escrow account for a period of five years by the applicant, usually as lots are sold.
If the County accomplishes the project within five years, the escrow fund would be used to pay a
share of the construction cost. Commission Vaad indicated this is not inconsistent with what has
been done before and is keyed to a proportional share by the amount of usage the development
has added to the road. Mr. Schei also stated if the project is not completed within five years, the
applicant receives the escrow funds back. Mr. Morrison stated the distinction for this type of
arrangement is keyed on whether direct impact can be determined, through the use of a traffic
study and that, as proposed, it meets constitutional requirements, since it is proportional and
directly related to the development, as well as having a five-year timeline. Commissioner Jerke
stated it makes sense to use when roads have not been developed around the site, and he moved
to strike the last sentences of#2.c, and Condition of Approval #1.J.3. The motion was seconded
by Commissioner Vaad, and carried unanimously.
Mr. Torgerson stated the outstanding bills were on a separate project, and the developer is willing
to pay the bill; however, the bills have only been received recently, and Mr. Hansen is sorting
through 1999 and 2000 to make sure they are the correct amounts. Responding to Commissioner
Geile, Mr. Torgerson stated Elva Griffith was the previous owner of the property, who initiated the
Minor Subdivision process; however, she has since sold 60 acres to Rick Hansen. He also stated
he has worked with Mr. Hansen since 1976 covering three or four other land developments in Weld
County with no problems, and has never known Mr. Hansen to default on any project. Mr.
Torgerson stated Mr. Hansen has developed River Ridge by Windsor, and there is no question
about his financial ability, since he has done much larger projects than this one. He also stated the
project will be fully collateralized. Mr. Torgerson further responded to Commissioner Geile that the
outstanding liability to the Town of Ault is because of a different project, Fairview Lake, which was
fully approved through Town of Ault then subsequently sold to another developer. Mr. Hansen
believed his bill to be fully paid; however, he recently received bills for 1999 and 2000 which he is
sorting through to verify the charges are correct. He indicated Mr. Hansen is willing to clear up the
bill; however, it will take him awhile to verify the accuracy of the bills before paying them. Chair
Long ensured Mr. Torgerson had reviewed the Conditions of Approval and agreed to them, as
revised.
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HEARING CERTIFICATION - RIC HANSEN (MF #589)
PAGE 3
Commissioner Vaad moved to approve the request of Ric Hansen for Site Specific Development
Plan and Minor Subdivision Final Plan, MF #589, for four (4) residential lots, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval as modified. The motion was seconded by Commissioner Jerke. Commissioner Vaad
expressed his appreciation to Mayor Cass for bringing the issue to the Board; however, he feels
the concern was adequately addressed by the applicant's representative, and he is comfortable
with the explanation. Commissioner Geile expressed his respect for Mayor Cass, and stated
testimony indicated there are no other cases for Mr. Hansen within Weld County with problems,
and it appears his intention is to pay his obligations to the Town of Ault; therefore, he is satisfied
Mayor Cass'concerns will be met. Chair Long agreed with the comments made by Commissioners
Vaad and Geile. (Changed to Tape #2003-14.) The motion carried unanimously. There being
no further discussion, the hearing was completed at 11:00 a.m.
This Certification was approved on the 5th day of May 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
`` W7T O DO
ATTEST: et / �I �,,'EI, i��
Ca
i SEJ F vi E. L n , Chair
Weld County Clerk to t i B� G; —,';
' 1 Robert D. asden, Pro-Tern
BY: ��/' 'a �•,r firl
Deputy Clerk to the Bey: y ,r;'`
M. J:Geile
TAPE #2003-13 & 14
Willia H. Jerke
DOCKET #2003-33
Glenn Vaad
2003-1126
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EXHIBIT INVENTORY CONTROL SHEET
Case MF#589 - RIC HANSEN
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 04/01/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Affidavit of Pncting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF APRIL, 2003:
DOCKET#2003-33 -RIC HANSEN
DOCKET#2003-34 -STEVEN KLEN AND LORI GUTTENSTEIN
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip'
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