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Home My WebLink About20002565.tiff HEARING CERTIFICATION DOCKET NO. 2000-53 RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, S #549, FOR SOARING EAGLE RANCH - CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FARMS, INC. A public hearing was conducted on October 18, 2000, at 10:00 a.m., with the following present Commissioner Barbara J. Kirkmeyer, Chair Commissioner M. J. Geile, Pro-Tem Commissioner George E. Baxter - EXCUSED Commissioner Dale K. Hall Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Julie Chester Health Department representative, Pam Smith Public Works representative, Diane Houghtaling The following business was transacted: I hereby certify that pursuant to a notice dated September 25, 2000, and duly published September 28, 2000, in the South Weld Sun, a public hearing was conducted to consider the request of Cullison Family Farms, LLC/George A. Nelson Farms, Inc., do Stan Everitt, Everitt Companies, for a Site Specific Development Plan and Planned Unit Development Final Plan, S #549, for Soaring Eagle Ranch with 114 lots. Lee Morrison, Assistant County Attorney, made this a matter of record. Julie Chester, 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. Ms. Chester gave a brief description of the location of the site which is approximately 380 in size. She stated Change of Zone#537 for this property was approved by the Board on May 10, 2000, thirteen referral agencies reviewed the case, four responded with concerns, nine proposed conditions should the plan be approved, and the Coordinated Utility Advisory Committee approved the Utility Plan. Ms. Chester stated Planning Services staff recommends approval of the Final Plan as indicated in the Administrative Review. She further stated the Town of Windsor has indicated the plan is compatible with its Land Use Plan Map and recommends approval with the condition that the development comply with the Windsor-Severance Fire Protection District requirements. The Town of Severance recommends approval with conditions regarding wetlands and septic systems. Ms. Chester further stated the site will be serviced by the North Weld County Water District, there is a water agreement for the 114 taps,and the lots will also be serviced with individual sewage disposal systems. Ms. Chester stated staff also has concerns regarding the impact of septic systems on high groundwater. She further stated the applicant has been working with the Department of Public Works and the Colorado Department of Transportation regarding the design of the internal roads and access. In response to Commissioner Vaad, Ms. Chester stated the letters from the Towns of Severance and Windsor were submitted within the last month, and she displayed a map of the proposed Planned Unit ft (c/) /'it 2000-2565 PL1U08 HEARING CERTIFICATION - CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FARMS, INC., C/O EVERITT COMPANIES (S #549) PAGE 2 Development. Responding to Commissioner Vaad, Pam Smith,Weld County Department of Public Health and Environment, stated a majority of the septic systems will require an engineered design due to the shallow groundwater level and site grading. She further stated all of the lots have adequate room for a secondary septic envelope. Responding to Commissioner Geile, Diane Houghtaling, Department of Public Works, stated she has not reviewed the Covenants. Stan Everitt, Everitt Companies, represented the applicant and stated he has reviewed and would like to respond to the issues indicated in a letter which he faxed to Ms. Chester yesterday, marked Exhibit C. In response to Mr. Everitt, Mr. Morrison stated if this matter is approved a notice will be sent creating a vested property right; however, that issue may be complicated depending on the outcome of this year's election regarding Amendment 24. He explained, if passed, Amendment 24 will allow anyone to challenge the vested property rights on recently approved developments He stated Condition of Approval #2.O addresses vested property rights, and he suggested it be amended to indicate any vested rights would be subject to challenges as a result of Amendment 24. Mr. Everitt stated items #1 and #6 of Exhibit C were addressed by Ms. Chester's previous comments. Ms. Houghtaling stated it is a common policy to require the applicant to submi a Signing and Striping Plan for review and approval by the Department of Public Works. Mr Everitt staled they intend to place striping at the two main entrances and he will submit that plan Regarding pedestrian circulation, Ms. Houghtaling stated the initial development design showed internal curb and gutter; however, it is no longer being proposed, and she requests provision or an off-pavement walking area, due to the number of school-aged children. In response to Chair Kirkmeyer, Ms. Houghtaling stated 12-foot lanes with four-foot gravel shoulders are standard measurements for subdivisions; however, if the applicant intends to pave the entire width, there needs to be a four-foot striped area for pedestrians. Mr. Everitt stated there is an internal ti ail system that does not conflict with the roads which the children could use to get to the bus pickup area. Responding to Commissioner Geile, Mr. Everitt indicated the location of the bus circulation route with one pickup location. In response to Chair Kirkmeyer, Ms. Everitt reiterated there are green belts throughout the entire development that can access the bus pickup location Ms Chester stated staff feels that because this is an urban-scale development, sidewalk, curb, and gutter should be required. She explained staff has safety concerns with children walking along the streets, and staff still recommends sidewalks, curb, and gutter. In response to Commis sior er Vaad, Ms. Houghtaling stated there should be four-foot walking lanes on both sides of the street with striping, or six-foot allowed on one side. Mr. Everitt stated he would be willing to widen the streets to provide four-foot striped pedestrian lanes since the additional right-of-way is available. Ms. Houghtaling stated if the walking area is paved for pedestrians, there will no longer be adequate room for a traffic shoulder. In response to Commissioner Geile, Ms. Houghtaling stated one option would be to construct a pad at the bus pickup area large enough for all of the children. Mr. Everitt stated the congregation area at the school bus pickup will have a designated space or shelter for the children, and he added there is enough space to make a four-foot paved path, as well as a shoulder for traffic. In response to Commissioner Vaad, Mr. Everitt stated there is a 60- foot right-of-way throughout the development, and they also have the option of using easements on the front of the lots without disrupting setback requirements. Mr. Everitt stated there will be - 2- foot traffic lanes with four-foot pedestrian lanes designated by painted lines, as well as an additional gravel shoulder. Chair Kirkmeyer expressed concern with the limited amount of 2000-2565 PL1408 HEARING CERTIFICATION - CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FARMS, INC., C/O EVERITT COMPANIES (S #549) PAGE 3 separation between traffic and children. Ms. Chester stated the Change of Zone was approved with a condition which required curb and gutter; however, this is a Conceptual Plan which allows for alteration to the original plans. She stated the curb and gutter requirement is at the discretion of the Board. Mr. Everitt stated at the end of the Change of Zone hearing, he was not given an opportunity to address any concerns with the Conditions of Approval and he neglected to address the curb and gutter issue then. Chair Kirkmeyer stated this is not just a request of staff; the Subdivision Ordinance requires curb and gutter. Mr. Everitt stated this is not a typical urban subdivision because the larger lots provide a more rural setting. Ms. Houghtaling stated although other subdivisions may not have the curb and gutter, they are significantly smaller with less children. Chair Kirkmeyer stated she is concerned with the safety of the neighborhood children and a painted line on the street is not adequate. In response to Commissioner Hall, Chair Kirkmever read Section 10.3 of Subdivision Ordinance regarding sidewalks into the record. In response to Chair Kirkmeyer, Ms. Houghtaling proposed constructing 12-foot traffic lanes, a 4-foot shoulder, and a separate gravel or cement walkway. Commissioner Hall stated the separation may not be used by the children. Chair Kirkmeyer agreed but stated it should still be provided to address the situation. Mr. Everitt expressed concern with the construction aspect providing a separate pedestrian lane. Following discussion regarding potential solutions to the traffic and pedestrian issue, Mr. Everitt stated he will work with staff and come to an agreement based on the concerns expressed by the Board. Mr. Morrison stated this issue could be addressed by the Improve/le-its Agreement and give direction to staff at that point. Regarding fencing of the pond as requested by the Sheriff's Office, Mr. Everitt stated it will have a gradual grass slope and gradual slope within the water, so iit will not be difficult to get out if someone does enter the pond. In responses to Chair Kirkmeyer, Ms. Chester stated Condition of Approval #1.M addresses fencing around the pond. Mr. Everitt commended staff for its work on this case and requested approval. In response to Commissioner Geile, Mr. Everitt sated there is an environmental management handbook that addresses road maintenance, storm water, and all other infrastructure components as the Homeowners' Association responsibility. No public testimony was offered concerning this matter. Chair Kirkmeyer stated Condition of Approval #1.J will be addressed by an Improvements Agreement and staff has adequate direction to address the pedestrian circulation situation with the applicant. Mr. Everitt requested Condition of Approval#1.M be deleted. Commissioners Hall and Vaad agreed there are similar ponds in other developments, and agreed Condition #1.M is not necessary. In response to Chair Kirkmeyer, Ms. Chester stated she has no objection to deleting Condition #1.O because it duplicates Condition #1.A.2, and the house address will also be addressed by the Building Code. In response to Chair Kirkmeyer, Mr. Morrison stated the language regarding Amendment 24 needs to be included as part of the Board's findings indicating approval of this plan creates a vested property right pursuant to the Colorado Revised Statute, subject to judicial challenge under Amendment 24. Mr. Everitt stated Condition #2.A needs to be amended to indicate the increased amount of open space as 65.951 acres,and he agrees with the remaining Conditions of Approval and Development Standards as discussed. Ms. Smith stated Condition #2.C should be amended to change "Eaton Ditch" to "Larimer Ditch Canal." 2000-2565 PL1408 HEARING CERTIFICATION - CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FARMS, INC.., C/O EVERITT COMPANIES (S #549 PAGE 4 Commissioner Vaad moved to approve the request of Cullison Family Farms, LLC/George A. Nelson Farms, Inc., c/o Stan Everitt, Everitt Companies, for a Site Specific Development Plan and Planned Unit. Development Final Plan, S #549, for Soaring Eagle Ranch with 114 lots, based on the recommendations of the Planning staff, with the Conditions of Approval as entered into the record, with the deletion of Conditions #1.M and #1.O and reletter subsequent sections, modify Condition #2.A from "64.92" to "65.915," amend Condition #2.C from "Eaton Ditch" to "Larimer Weld Canal," add a finding to indicate this application has been determined to be in compliance with the proposed Amendment 24 to the Colorado Constitution of a new article XXVIII, as development of land is consistent with a valid development application which had been filed as of September 13, 2000, pursuant to proposed Article XXVII 9 (2), and any vested rights are subject to challenge as a result of Amendment 24. The motion was seconded by Commissioner Geile, and it carried unanimously. This Certification was approved on the 23rd day of October 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS Lu WELD COUNTY, COLORADO � , ATTEST: —.-- �� Barbara J. K mey r, Chair c% Weld County Clerk to the oar1861 O. .. �.` . J. eile, Pro-Tem BY: i. . - • Deputy Clerk to the B•@y In el EXCUSED EE. Baxter TAPE #2000-30 Dale K. Hall DOCKET#2000-53 J &'�( 4-4) —_ Glenn Vaad 2000-2565 PL1408 EXHIBIT INVENTORY CONTROL SHEET Case S #549 - CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FARMS, INC., C/O EVERITT COMPANIES Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Clerk to the Board Notice of Hearing C. Everitt Companies Letter re: Outstanding Issues (10/17/2000) D. Everitt Companies Letter to Public Works re: Final Engineer ng Plans (10/16/2000) E. Cullison Family Farms, LLC Letter re: Right-of-Way ---__ F. Planning Staff Memorandum re: Additional Condition of ApprovalG. _ ---- H. _ ----- J. _— -- —K. --- L. _ ---M. _ • ---- N. _O. _ ----- P. - -- -- CL _ --- F:. _ -- -- S. - --- T. - --- --- U. _ ---- ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF OCTOBER, 2000: DOCKET#2000-55- LAURIE BUFFINGTON DOCKET#2000-53- CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FAMILY FARMS, C/O EVERITT COMPANIES 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 TM �� t ^� k 1�� ib w\ J l - 5 IN �� v1G ', s 40Y ��S ' I-\Lt •' _� . �� tc�,Lbl � � oG �;��\ _ 1\I0 -) \0 y ‘.2 �ZF�� G � �1 g ) L '_%y 4y / . 7-t/ jcr /eel 6.ic2 ZZY,iip,(); re 701/ 3 /c,.,�) s /SO-1A.otn 11b1q &)C!< S Bcrthov ht5l3 5 S /yea t3 6 (? �,e� � go J7 2 61: e f - ( r/13- Hello