HomeMy WebLinkAbout20010417 HEARING CERTIFICATION
DOCKET NO. 2000-58
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN,S#554,FOR 351 RESIDENTIAL LOTS IN THE MIXED USE DEVELOPMENT AREA
- KENT CARLSON/IDAHO CREEK
A public hearing was conducted on March 7, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Mika
Health Department representative, Pam Smith
Public Works representative, Frank Hempen
Public Works representative, Diane Houghtaling
The following business was transacted:
I hereby certify that pursuant to a notice dated October 9, 2000, and duly published October 12,
2000, in the South Weld Sun, a public hearing was conducted on November 1, 2000, to consider
the request of Kent Carlson/Idaho Creek for a Site Specific Development Plan and Planned Unit
Development Final Plan, S #554. At said hearing on November 1, 2000, the Board deemed it
advisable to continue said matter to December 13, 2000, to allow the applicant adequate time to
resolve issues of concern with St. Vrain Valley School District RE-1J. At said hearing on
December 13,2000,the Board again deemed it advisable to continue said matter to March 7,2001,
to allow the applicant adequate time to address unresolved issues including water, utilities, flood
plain, and CDOT access. At said hearing on March 7, 2001, Lee Morrison, Assistant County
Attorney, made this a matter of record. Monica Mika, Department of Planning Services, presented
a brief summary of the proposal and entered the favorable recommendation of the Department of
Planning Services into the record as written. She gave a brief description of the location of the site,
and stated the Change of Zone was approved by the Board on October 6, 1999, at which time the
applicant requested a deviation in setbacks and lot sizes. Ms. Mika described the surrounding
uses,and stated the Utilities Board accepted the proposed modification in easements and setbacks
on October 28, 2000. Ms. Mika stated the Colorado Department of Transportation (CDOT) did
submit comments yesterday indicating approval of an access permit. She further stated the
Colorado Oil and Gas Commission, Town of Firestone, Boulder County, Division of Wildlife and
Longmont Soil Conservation did not specifically comment. Ms. Mika reviewed the utility providers,
as well as the reasons for approval as indicated in her revised staff comments, marked Exhibit PP.
She stated staff is requesting a 350-foot buffer area around the oil and gas facilities on the site in
accordance with the R-5 Zone District. She stated the applicant originally proposed a 150-foot
setback; however, they have modified the buffer to 250-feet with a landscaped and bermed area.
Ms. Mika indicated the location of the oil and gas facility and setback area, and stated 50 percent
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of the site is to be designated as common open space in addition to the trails and tot lot. She
stated there is a school site,outdoor school facilities, regional and internal trails. She further stated
the overall density is similar to the adjoining R-5 zoned mobile home sites. Water and sewer have
been addressed, and added the site was originally located in the One Hundred (100) Year Flood
Plain; however on February 12, 2001, the applicant received a letter of map amendment
determination indicating the school site is no longer in the flood plain. Ms. Mika stated the Sheriffs
Office reviewed this matter to ensure safety and compatibility with law enforcement issues. She
stated the applicant has also designated an appropriate school bus site location to be shown on
the final plat. Responding to Mr. Morrison, Ms. Mika submitted a photograph of the sign posted
on property, marked Exhibit WW. Responding to Chair Geile, Ms. Mika stated the St. Vrain School
District is willing to accept the site since it has been removed from the flood plain. She further
stated the Conditions of Approval address the walkways for pedestrians and the crossing signal
at Weld County Road 7.5. Responding further to Chair Geile, Ms. Mika indicated the location of
areas that have been mined, and stated the applicant is in the process of providing evidence as
to the type of materials left on the site and whether it is economically feasible to mine the remaining
minerals. She further stated the bus stop was determined by the applicant and Sheriffs Office and
is to be located in the center of the development. Ms. Mika stated the Rural Ditch Company has
a 30-foot easement at the eastern side of the development,which will be shown on the utility plan.
Responding further to Chair Geile, Ms. Mika stated this type of development requires that all
foundations be engineered based on the types of soil at the site. She stated this is a minimum
requirement of the Uniform Building Code. Responding to Commissioner Jerke, Ms. Mika stated
the applicant did a specific study, or Letter of Map Revision, to show the initial flood boundaries
were inadequate or have been modified. She indicated the areas designated as open space, and
added the lots will be 3,000 square feet in size with stick-built structures. Responding to Chair
Geile, Ms. Mika stated there is a bulk requirement that 50 percent of the individual lots must be left
open for yard space, therefore, the structures are small. Responding to Chair Geile, Mr. Morrison
stated the Covenants are not usually reviewed until the Final Plan is approved so he knows what
the parameters are. He explained the Covenants are reviewed for open space, common use
areas, maintenance, and financing. Ms. Mika added the Covenants are generic at this time, and
the applicant has been negotiating with State Parks to possibly do a conservation easement or
donate the 50-acre open space to another agency to manage. Commissioner Vaad commented
there is a letter from the School District, dated September 22, 2000, indicating there is a signed
agreement for site. Ms. Mika stated there was a contingency clause stating they would only sign
the agreement to accept the site once it was determined to be out of the flood plain.
Mr. Hempen stated Weld County Road 7.5 goes through the center of the development, and staff
originally requested the developer improve all of Weld County Road 7.5 within the development
boundaries to an urban four-lane major arterial with a raised median as shown on the plans. Mr.
Hempen stated at the Change of Zone, the Board determined that the developer is only required
to build two lanes of the roadway; however, staff requests the Board reconsider that matter and
require all four lanes. Mr. Hempen indicated the location of Weld County Road 7.5, and added it
is approximately one-eighth of a mile from the north boundary to State Highway 119. (Switched to
Tape #2001-11) Mr. Hempen reiterated the Department of Public Works is requesting the
applicant be required to build all four lanes of Weld County Road 7.5 because they own the land
on both sides of the road. Responding to Commissioner Jerke, Mr. Hempen stated Weld County
Road 7.5 north of the property to State Highway 119 is a two-lane paved roadway, and the
applicant will be responsible for 14 percent of the stop light on Highway 119 when it is deemed
necessary. In response to Chair Geile, Mr. Morrison stated the minutes for the Change of Zone
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hearing do not indicate why the Board accepted the applicant's request for two lanes instead of
four. Responding further to Chair Geile, Mr. Hempen stated this development is located within the
Southwest County Road Impact Fee area,and the Southwest County Road Impact Fee Committee
considered the applicant's request for credit for building the second two lanes and median within
the development and extending the improvement all the way to State Highway 119. The applicant
also requested credits for construction of the signal at Highway 119 and Weld County Road 7.5.
Mr. Hempen stated the Committee denied the credits for the additional two lanes within the
development; however, they agreed to granting impact fees for building the section of road
between the northern boundary and State Highway 119. He further stated the traffic signal is not
a part of the listed infrastructure improvements from which the fee was established, therefore, he
cannot get a credit for that either. Mr. Hempen stated the amount of credit will be equal to the
actual cost of building the road and median, and it will be prorated back against each individual
house within the development. Mr. Morrison clarified the credit was not granted for any portion of
Weld County Road 7.5 within the boundaries of the subdivision; however, the credit will be given
for the segment from the northern boundary of the subdivision to State Highway 119. Mr. Hempen
stated staff feels the improvements to the road should be cost inclusive with the development, and
the Southwest Weld Impact Fee Committee concurred. Responding to Commissioner Jerke, Mr.
Hempen stated the road north of the development is a paved two-lane road; however, the
developer has also requested credit for constructing an additional two lanes from the northern
boundary to State Highway 119 in exchange for credit against the internal impact fees. He further
stated that request is voluntary, and it is not a Condition of Approval. In response to Commissioner
Vaad, Mr. Hempen stated the roads will line up with the roads north of this development. He stated
staff has asked for a pedestrian crossing near the school location, as well as an escrow to ensure
the money is available for construction of the crossing when it is needed. Commissioner Vaad
commented he does not recall any discussion regarding the requirement for two or four lanes. Ms.
Mika read Condition of Approval #3.A from the Change of Zone resolution for the record. Mr.
Morrison stated the initial version of Condition of Approval #3.A indicated the applicant was to
match half of the improvements; however, that version was not adopted.
Chair Geile recessed the hearing until 1:30 p.m. Upon reconvening, Ms. Mika displayed a map of
the Mixed Use Development (MUD) area from the Change of Zone file. She stated the site is
marked in pink as residential, and explained the MUD area assumes that there are four residential
units per acre throughout the development; however, that amount is not absolute.
Scott Carlson represented the applicant and stated he and his two brothers are all co-owners of
the development. Mr.Carlson stated the development was started in December 1998,and the plan
as shown is approximately 100 acres with 351 lots. He stated the lots will have stick-built homes,
with foundations and utilities in place. He stated there is a signed agreement with the School
District and the flood plain issue has been addressed. He explained they conducted a site specific
study to determine the actual boundary of the One Hundred (100)Year Flood Plain, and amending
the flood plain boundary did not require fill work. Mr. Carlson stated there is a ten-acre school site
and 32 acres of open space,with some additional open space to the east of the development which
will act as a buffer to the mobile home park to the east. He further stated there is a three-quarter-
acre tot lot park located in the center of the project, and the Change of Zone was approved on
October 6, 1999, with Conditions of Approval. He stated one of the conditions required a 150-foot
radius setback from the oil and gas facility, and added the conditions on the recorded plat also
indicate they are responsible for building half of Weld County Road 7.5, and the west half is to be
completed by others. Mr. Carlson stated there is an agreement with the Left Hand Water District
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to provide service to the entire development,which will cost more than$2 Million. He further stated
the raw water requirements and obligations have been met, and the site is designed to use a
nonpotable irrigation system, which will be used for irrigation by all homeowners and open space
maintenance. Mr. Carlson further stated extension of the St. Vrain Sewage Disposal System has
been designed and they are ready to begin work pending approval of this matter. He indicated the
location of the sewage line, which is fully funded with contracts to be executed today. He stated
they have received an access permit from CDOT, and there is an agreement with HS Resources
regarding the drilling of oil and gas wells and surface rights.
Mel Stahl, HS Resources, stated they have reached an agreement for the disposition and location
of the oil and gas wells, which will allow the developer to continue with this proposal. Responding
to Commissioner Masden, Mr. Stahl stated HS Resources will drill three directional wells and one
straight well, and the production facilities will be located outside of the development boundaries,
and there are no setback problems. He stated they will have adequate room for future operations
at the wells, and although the agreement is not fully executed, they are simply waiting for some
signatures from several parties that have to sign on behalf of the developer.
Mr. Carlson stated signing the agreement is conditional upon approval of the Final Plan by the
Board. He further stated the drilling site that has been agreed to is a 400 square-foot facility,
owned by the Western Dairymen Association. Mr. Carlson added they also have a Letter of Map
Amendment from FEMA, and they have a signed agreement with the School District regarding a
school site dedication, as well as an agreement with the Colorado Division of Wildlife.
Katie Kinney, Division of Wildlife, stated this area is in her jurisdiction, and she has been working
with applicant regarding the donation of the lakes to the Division of Wildlife to be used as a public
fishing area. She stated there have also been discussions with the State Parks, and the City of
Longmont, and it is uncertain at this time who would maintain the site. Responding to
Commissioner Jerke, Ms. Kinney stated this area would be open to the public. In response to
Commissioner Masden, Ms. Kinney stated there will be a parking lot and trail for access to the
lakes. Responding to Commissioner Vaad, Ms. Kinney stated this site will be stocked for fishing.
In response to Chair Geile, she stated the Division of Wildlife has signed a letter of intent to take
over the maintenance of the open space area, and she indicated the location of the parking area.
Mr. Carlson stated they have been working with the Dairymen's Association, which owns the
property to the north, for the acquisition of property to the north so that there will be an unbroken
corridor south for State Highway 119. He referred to the last sentence of the first paragraph on
page three of the revised staff comments, marked Exhibit PP, and stated he thought they were
supposed to build conduits for the future signals rather than escrow the costs of the pedestrian
signal. He explained as proposed, Weld County Road 7.5 will dead-end at the south boundary of
the development,and it may be several years before a pedestrian signal is necessary. Responding
to Commissioner Vaad, Mr. Carlson requested this sentence be deleted, and that they be allowed
to simply install the conduits so that they are in place for future needs. Regarding Condition of
Approval #1.f, Mr. Carlson explained they intend to donate the open space to an outside agency
for maintenance; however, if they cannot find someone to accept it, then it will be maintained by
the Homeowners'Association. He referred to Condition#1.L and stated the Department of Public
Works did request they build all four lanes; however, at the Change of Zone it was agreed that they
only are required to build the two eastern lanes which was recorded on the Change of Zone plat.
Mr. Carlson stated they had agreed to build the two eastern lanes with no fee credit; however, they
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felt it would be better to build the full width of the roadway from the southern boundary north to
State Highway 119 and get credit only for the off-site portion or the western lanes and median.
This will ensure the lanes meet up and they receive credit for the portions of the road that they
were not obligated to build. Mr. Carlson referred to Condition #1.N.1 and stated they initially
agreed to reserve a 150-foot radius; however, the County is now requesting a 350-foot radius,
which would result in the loss of 17 lots. He proposed the amount be set at 250 feet with berming
and landscaping so they only lose two lots. Responding to Chair Geile, Mr. Carlson stated the
Change of Zone was for 353 lots, but with the new oil and gas setback, there will only be 351 lots
on the Final Plan. He read the memorandum from Tuttle Applegate, marked Exhibit ZZ, for the
record, which indicates it may not be economically feasible to mine the remaining minerals.
Responding to Commissioner Vaad, Mr. Carlson stated nonpotable water to be used for irrigation
will be from the two shares of the rural ditch. He stated they will provide a 72-hour storage
reservoir and the water will be distributed to each house and school site. He further stated that
because the lot sizes are consistent in size, they will likely set up a flat fee and work out something
with the School District to cover the cost of the water used. He explained there will be an ongoing
fee assessed to the homeowners for water, landscaping, parks,tot lot,and public restrooms,which
will be paid to the Homeowners' Association. Responding to Commissioner Vaad, Mr. Morrison
explained because this is an existing well, the 350-foot setback requirement does not apply and
can be varied. Chair Geile read Finding#2.d of the Change of Zone Resolution for the record. Mr.
Carlson stated the Board has determined that a four-lane road should exist; however, they had an
agreement with Weld County to construct the two eastern lanes of Weld County Road 7.5. Mr.
Morrison stated the record from the Change of Zone does not indicate any change from four to two
lanes, and it appears the whole road should be the obligation of the applicant. Mr. Carlson stated
he made a specific request which was granted as indicated on the plat. Mr. Morrison requested
the applicant provide evidence as to how the plat was changed from what is indicated in the
Resolution. Mr. Carlson stated he feels this compromise is reasonable based on the impact of the
development on the roadway. Responding to Chair Geile, Mr. Carlson stated the Covenants will
include the Right to Farm, and the Homeowners' fees are designed to cover the ongoing
maintenance and all assets owned by the Homeowners'Association. He explained the roads will
not be owned by the Homeowners' Association because they are public roads built to County
standards, and after construction and fulfilment of other obligations they will be turned over to the
County. Chair Geile read Condition #2.H from the Change of Zone Resolution, and Mr. Carlson
stated he feels a lighted pedestrian crossing may not be needed for many years and providing the
necessary conduits addresses this condition. Responding to Commissioner Vaad, Mr. Carlson
stated the houses are located near the growing commercial and industrial uses along 1-25 and will
cost approximately$125,000 to$160,000. He further stated this development is designed to help
the purchasers gain equity from their homes. Responding to Commissioner Jerke, Mr. Carlson
stated the sewer is with St. Vrain Sanitation District and there will be a new sewer line starting
construction in the next few days. Responding to Commissioner Masden, Mr. Carlson stated the
two water shares provide 150 acres per share and the existing demand is 35 to 40 acre-feet for the
total home area. The delivery of the rural ditch at this location will coincide with the irrigation
season. Commissioner Masden commented the proposed 3,000 square-foot lots are half the usual
requirement. Mr. Carlson stated overall density of 3.51 acres per unit when you include the open
space and the Planned Unit Development promotes clustering and conserving open space. He
stated these are small and designed for first time home buyers for the opportunity to gain equity.
Commissioner Long commented the homes are actually located on 49 acres regardless of overall
property size. Mr. Carlson stated based on overall density this development is consistent with
intent of the MUD.
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Artie Elmquist represented the St. Vrain Concerned Citizens and stated this development is being
proposed at the wrong location. He explained this is a high-density development and suggested
there may still be flood plain issues. Mr. Elmquist stated this does not conform with the MUD area,
and he expressed concern with the density, cost for maintenance of roads, and access to the
school site. He further stated because of school overcrowding,the City of Longmont is considering
a cap on development in areas that are forcing school capacity to 125 percent. Mr. Elmquist stated
this development will house approximately 237 students, and it only provides the land for a school.
It does not provide money for the building, staffing or equipping of a school. Mr. Elmquist stated
the St. Vrain Sanitation District is contemplating how they are going to service the growth impact,
and added the Left Hand Water District has agreed to provide water, but it is unclear if the District
actually has the raw water necessary to service the development. Mr. Elmquist stated it may be
better to mine the 49 acres being developed, which would expand the wildlife area. He stated the
access onto State Highway 119 has not been adequately addressed, and he proposed the Board
consider a lower density, or commercial/industrial uses. Responding to Commissioner Vaad, Mr.
Elmquist stated even if the line is constructed, the sewage treatment facility may not be able to
handle the load.
Sharon Hopper, County resident, stated she is not against this development; however, she feels
it would be better if placed near a municipality which can provide the necessary services and
activities for the new residents. She stated there will be nothing for the children to do and added
there needs to be a traffic light placed at the intersection of Weld County Road 7.5 and State
Highway 119. Ms. Mika stated this was referred to the Town of Firestone and they did not
comment or express concern.
Mel Stahl, HS Resources, stated the Company owns and operates the existing well, and this will
be considered a high-density development, and any new well will require a 350-foot setback. He
explained the developer will also be subject to the setbacks determined by the Board; however, HS
Resources has come to an agreement with the developer and they do not object to the 250-foot
setback for the existing well facility. He stated there are options for shallower operations that will
not pose a danger. Responding to Chair Geile, Mr. Stahl stated if there were a major occurrence
the liability would depend on what caused the explosion. Responding to Commissioner Masden,
Mr. Stahl stated there will be standard size tanks rather than low-profile tanks. Responding to
Commissioner Jerke, he reiterated HS Resources does not object to a 250-foot setback.
Virginia Shaw, County resident, concurred with Mr. Elmquist and Ms. Hopper. She stated the local
schools are filled to capacity,other uses along State Highway 119 require numerous accesses and
the one access may not be sufficient. She stated there are better areas for this type of
development and this land would be suitable for a different use. She further stated the City of
Longmont, in its letter to the board, suggested the urban services be in place prior to this type of
development. She stated the residents are going to have to travel to other municipalities for
services such as schools, shopping, and hospitals.
Mr. Carlson stated the school district has a fee policy for cash in-lieu of land; however, the value
of the land far exceeds the fee structure. He stated the school district has indicated that this is a
good place for a school and has been pursuing the donation of this property. Regarding sewer
service, Mr. Carlson stated they have a will-serve commitment to provide services,and he has built
and paid for the new sewer line. He stated there is a contract with the Left Hand Water District to
provide water to 351 homes. Regarding further gravel operations on this site, Mr. Carlson stated
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the neighbors would likely be opposed to a proposed mining operation as well because they do not
want any changes to the land. He explained the prior operator mined what was economically
recoverable, and if there were more gravel on the site, they would have mined it then. He stated
State Highway 119 will have a traffic light at Weld County Road 7.5, the property is zoned
residential, not commercial, and there is a primary and secondary access to State Highway 119
to be maintained by the Milky Way Development, which can be used for this development.
Responding to Commissioner Long, Mr. Carlson stated most of the lots will be 40 by 70 feet, and
the homes will have attached garages. Responding to Chair Geile, Mr. Carlson stated the house
and garage both cannot exceed 50 percent of the lot. He stated they will be two-story homes, and
start at 900 square feet. He further stated CDOT has said the development of Idaho Creek will
meet the warrants requiring a traffic light, and the school site is designated as open space, so if
the site is not developed as a school, it will remain as open space. In response to Commissioner
Masden, Mr. Carlson stated the development averages out to approximately 123.55 elementary
students, 49.4 middle school students, and 60 high school students. He stated they would have
been required to give the school district six acres valued at $25,000 per acre; however, they are
actually dedicating ten acres worth $400,000 to $500,000. Mr. Carlson explained the cash-in-lieu
of land would be $427 per unit; however, the land averages out to approximately$1,000 per unit.
He stated urban services usually develop following a residential development based on the amount
of demand. In response to Chair Geile's earlier question, Mr. Carlson stated his engineer
estimates the cost for building all four lanes of Weld County Road 7.5 to be approximately
$300,000.00. Chair Geile commented he is not sure if this Board can determine whether a credit
is granted because there are other parties involved in the decision. Mr. Morrison clarified the
applicant was not requesting this Board to determine whether credits are granted. Mr. Carlson
clarified they are requesting the Board determine they are only responsible for building the two
eastern lanes of Weld County Road 7.5, and that they would engage in the process of obtaining
credits for the impact fees. Mr. Carlson stated they are willing to work with the Department of
Public Works regarding the pedestrian crossing light and he is in agreement with the remaining
Conditions of Approval. Responding to Mr. Morrison, Mr. Carlson stated they will either put in the
conduits or put in the light if required by PW, either is fine. Mr. Morrison stated the Board will need
to investigate the intent of the prior Board if it is determined that the applicant should now be
required to construct all four lanes.
Ms. Mika stated the second to last sentence, in the fourth paragraph of Finding #2.b, of the Draft
Resolution should be amended from "privately" to "publically." She also requested Condition of
Approval #1.G be deleted since the applicant has provided an approved Access Permit. She
requested this Condition be replaced to state,"The applicant shall provide evidence that the signed
agreement has been reached between the applicant and HS Resources." Responding to Chair
Geile, Ms. Mika stated the internal streets have been built to County standards and are proposed
to be dedicated to the County.
In response to Commissioner Vaad, Mr. Morrison stated the applicant has started the process of
appealing for a credit for the segments within the development on Weld County Road 7.5. He
explained this Board cannot determine if he should get credit; however, the Board can determine
if he is required to build the four lanes regardless of whether he receives credit. He stated this
board is not tied to the intent of the original board and has the ability to determine whether two or
four lanes are required for construction. In response to Commissioner Jerke, Mr. Morrison stated
the Board members can make statements included in the motion as to whether they would prefer
to have four lanes. He further stated the intent is not binding and will not supercede the decision
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of the appeals process. Commissioner Masden stated the original intent indicates there were to
be four lanes. Mr. Morrison stated the question that needs to be resolved is who will pay for,
maintain, and build all four lanes.
Commissioner Vaad suggested the Board determine the number of lanes as a separate motion,
prior to the final decision for the development. He moved to delete Condition of Approval#3.R and
leave Condition of Approval #1.L as stated which assures the sufficient roadway design for the
remaining two lanes and median. Commissioner Jerke seconded the motion. Commissioner Vaad
commented he feels this development should pay its own way; however,the issue of fairness must
also be considered. He stated the impact fee and requirement of open space will be a benefit for
Weld County and there will be public areas accessible for the new residents and other County
residents. In response to Commissioner Jerke, Commissioner Vaad clarified his motion to delete
Condition of Approval 3.R which required the construction of all four lanes; however, Condition of
Approval #1.L will remain to provide the necessary design for the additional lanes in the future.
Chair Geile stated he concurs with Commissioner Vaad, although he does not think requiring the
construction of all four lanes will harm the developer financially. He stated the Division of Wildlife
is involved and he supports the motion in the spirit of fairness. Commissioner Masden suggested
the motion be amended to include a date or amount of homes built which will trigger the placement
of the additional two lanes. Commissioner Vaad stated that was not the intent of his motion
because he does not feel the applicant should be obligated to build the road. Mr. Morrison stated
that is an option. Commissioner Jerke suggested a future resolution be drafted to allow
involvement of this Board in the determination of road impact fees. Mr. Morrison stated his only
concern with that suggestion is that a member of the Commissioners also sits as a member of the
Road Impact Fee Committee. Upon a call for the vote, the motion carried unanimously.
Commissioner Vaad commented Condition of Approval#1.F requires the Homeowners'Association
to maintain the open space unless another nonprofit agency accepts it for maintenance. Ms. Mika
stated the intent of that Condition was to allow for the possibility of another agency taking over the
maintenance of the open space. Responding to Chair Geile, Ms. Mika suggested there be
clarification as to the difference between open space dedicated to an outside agency, and the
internal open space that is required to be maintained by the Homeowners' Association.
Commissioner Vaad moved to amend the setback requirements in Condition of Approval #1.N.1
from"350"to"250"due to the testimony from the applicant and well owner who indicated there will
also be berming and landscaping. Commissioner Jerke seconded the motion. Upon a call for the
vote, the motion carried unanimously.
Ms. Mika stated Condition of Approval #3.D should also be amended to be consistent with
Condition of Approval #1.N.1 regarding the setback distance. Ms. Mika requested Condition of
Approval#1.F be amended to state, "The applicant shall revise the open space agreement to show
the future owner of the 50 acres of defined open space parcel as the Homeowners'Association or
a nonprofit agency as previously defined. All other defined open space falls under the responsibility
of the Homeowners'Association."Commissioner Vaad commented affordable housing is needed
in this area because the City of Longmont has not been successful in providing affordable housing
within its city limits. He further stated this is a legitimate and appropriate effort to provide affordable
housing and this type of housing does not ensure a slum area will begin. He stated affordable
housing is difficult to find, and he feels this developer has been responding positively to make this
development pay its own way by donating land to the local School District,and although the credits
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for the road issue is unsettled, the applicant has offered to build the road. He stated CDOT has
issued an access permit, FEMA acknowledges the school site is no longer within the flood plain,
and the proposal is consistent with County Code, Intergovernmental Agreements in the area.
Commissioner Vaad moved to approve the request of Kent Carlson/Idaho Creek for a Site Specific
Development Plan and Planned Unit Development Final Plan, S #554, for 351 Residential lots in
the Mixed Use Development area, based on the recommendations of the Planning staff, with the
Conditions of Approval as entered into the record, including the modifications requested by staff.
Commissioner Jerke seconded the motion. Ms. Mika stated the request is now for 351, not 353,
and staff requests direction regarding the pedestrian crosswalk in Condition of Approval #1.N.9.
Commissioner Vaad suggested Condition of Approval #1.N.9 should be amended to indicate the
applicant shall place the appropriate conduit in the pavement for the eventual construction of the
pedestrian crosswalk. Commissioners Vaad and Jerke agreed to amend the motion to include the
change suggested by Ms. Mika and to amend Condition #1.N.9. Chair Geile commented once
public testimony is closed, they are no longer able to receive comments from the public to keep
order in the proceedings. Commissioner Jerke commented that although 3,000 square feet will
make a small lot, he feels this type of development is needed and the Conditions of Approval will
provide mitigation of any outstanding issues. He stated this will provide first-time home buyers to
purchase a stick-built home at a good location, with pleasant activities in the open space areas.
Upon a call for the vote, the motion carried unanimously.
This Certification was approved on the 12th day of March 2001.
APPROVED:
BOARD OF OUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: iLii • f% /�� hCGr�
M. J.qGeile, Chair
Weld County Clerk to th(co. : `. % /
1861 ( D7 =Y-' i .4o-
c i 11 �� :,� f♦� Glenn Va moem
BY: -./_ •
Deputy Clerk to the rJ �-� / •�
Wi m H.
TAPE #2001-10 and #2001-11
vi . Lo
DOCKET#2000-58.b
Robert D. Masden
2001-0417
PL1321
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF MARCH, 2000:
DOCKET#2000-58 - KENT CARLSON/IDAHO CREEK
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
MEwirl s'i'prik. US 1ZES0Jpcs t9S9 eRCAw uAy� 36as iD n1J�K Cm go au 2, Loon-58
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EXHIBIT INVENTORY CONTROL SHEET
Case S #554 - KENT CARLSON - IDAHO CREEK PUD
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Planning Staff Memo requesting Continuance (10/27/2000)
C. Planning Staff Photo of sign posted on site
D. Planning Staff Referral from Mt. View Fire Protection
District (09/27/2000)
E. Applicant Letter re: Continuance (10/27/2000)
F. Artie Elmquist Letter (E-Mail) of Concern (10/31/2000)
G. Applicant Letter requesting Continuance (12/05/2000)
H. Applicant Letter and Plat re: Oil and Gas well radius
(12/05/2000)
Applicant Utility Signatures
J. Planning Staff Memo from Sheriff's Office (12/04/2000)
K. Planning Staff Correspondence between Colorado Water
Conservancy Board and John Folsom
L. Planning Staff Correspondence from John Folsom
(10/30/2000 and 11/15/2000)
M. Planning Staff Memo requesting Continuance (12/12/2000)
N. Planning Staff Correspondence from Davis Graham and
Stubbs, LLP re: HS Resources Mineral
Rights (12/12/2000)
O. Planning Staff Referral from St. Vrain Sanitation District
(11/06/2000)
P. Planning Staff Referral from Weld County Department of
Public Works (10/17/2000)
Q. Planning Staff Referral from Weld County Department of
Public Health and Environment
(10/17/2000)
Exhibit Inventory Control Sheet - (S #554) Kent Carlson/Idaho Creek
R. Planning Staff Letter from Weld County Department of
Planning Services to Applicant (11/14/2000)
S. Planning Staff Memo re: Final Plat Meeting with Applicant
(04/14/2000)
T. Planning Staff Specific Development Guide
U. Planning Staff Letter to Applicant re: Outstanding Items for
file (11/30/2000)
V. Planning Staff Letter from Applicant re: Oil and Gas Well
and Landscaping (01/17/2001)
W. Planning Staff Letter from Weld County Department of
Public Works to Applicant (01/30/2001)
X. Planning Staff Letter from Applicant to Department of
Public Works re: Construction of WCR 7.5
(02/20/2001)
Y. Planning Staff Correspondence from Federal Emergency
Management Agency (02/09/2001)
Z. Planning Staff Letter from Bernard Lyons Gaddis and
Kahn re: Assignment of Agreement
(12/19/2000)
AA. Planning Staff Agreement between Rural Ditch Company
and Clay Carlson
BB. Planning Staff Bulk Study for Setbacks
CC. Planning Staff Final Drainage Report
DD. Planning Staff Letter from Applicant re: Outdoor
Classroom (02/23/2001)
EE. Planning Staff Memorandum from Rick Dill re: Oak Creek
Project (02/27/2001)
FF. Planning Staff Bulk Study (3 pages)
GG. Planning Staff Utility Map (Sheet 1 of 1)
HH. Planning Staff COZ#524 Zone District Map (2 Sheets)
I I. Planning Staff Drainage Plan (North and South - 2 Sheets)
Exhibit Inventory Control Sheet- (S#554) Kent Carlson/Idaho Creek
JJ. Planning Staff Landscaping Map (2 Sheets)
KK. Planning Staff Plat of Subdivision (5 Sheets)
LL. Planning Staff Revised Plat of Subdivision (5 Sheets)
MM. Planning Staff Title Sheet (30 Sheets)
NN. Planning Staff Revised Title Sheet (29 Sheets)
OO. Planning Staff Referral from City of Longmont
(10/04/2000)
PP. Planning Staff Revised Staff Comments
QQ. Planning Staff Excerpts from Weld County Code
RR. Planning Staff Letter and Surface Use Agreement and
Easement from HS Resources, Inc.
(02/28/2001)
SS. Planning Staff E-Mail from Public Works re: proposed
amendments to Conditions (03/05/2001)
TT. Planning Staff CDOT State Highway Access Permit
UU. Planning Staff Letter from Public Works to Applicant re:
Construction of WCR 7.5 (03/06/2001)
VV. Planning Staff Letter from Wright Water Engineers, Inc., to
Applicant re: Nationwide Permit#18
(03/05/2001)
WW. Planning Staff Photo of sign posted on the site
XX. County Attorney Hearing Certification for COZ#524, Docket
#99-50 (10/06/1999)
W. County Attorney Resolution re: COZ#524 (10/06/1999)
ZZ. Applicant Memorandum from Tuttle Applegate, Inc.,
to Applicant re: Gravel reserves
(02/05/2001)
AAA. Planning Staff Bulk Study
BBB. Applicant Poster Board Design Plan for Idaho Creek
CCC.
Hello