HomeMy WebLinkAbout951703.tiffHEARING CERTIFICATION
DOCKET NO. 95-56
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SUBDIVISION FINAL PLAT FOR DOS RIOS
ESTATES, SECOND FILING - DOS RIOS, INC., C/O JOYCE ALLELY
A public hearing was conducted on August 14, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro -Tern
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated July 24, 1995, and duly published August 3, 1995,
in the Windsor Beacon, a public hearing was conducted to consider the request of Dos Rios, Inc.,
do Joyce Allely, for a Site Specific Development Plan and Subdivision Final Plat for Dos Rios
Estates, Second Filing. Lee Morrison, Assistant County Attorney, made this a matter of record.
Gloria Dunn, Planning Department representative, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning staff into the record as written. She noted
the preliminary plan was approved in November 1994, and the zoning is Estate. Ms. Dunn stated
the proposal is for 32 lots in two phases, with an existing access from Weld County Road 396 to
Dos Rios, First Filing, at Alto Way. She stated two new accesses are proposed at 49th Street and
Road 396. Ms. Dunn stated Joyce Allely, applicant, has agreed to contribute for improvements to
Road 396 between 47th Avenue and the entrance to Dos Rios, Second Filing, as well as to an
improvements agreement for paving of streets and improvements in Phase I, which the applicant
is proposing for maintenance acceptance by the County. She reviewed referrals with and without
comments and/or concerns, which have been addressed in the Conditions of Approval. Ms. Dunn
recommended addition of Condition of Approval #2s as a note on the plat requiring the Health
Department's approval of a soil percolation test and an ISDS design. She noted there were no
objections or inquiries from any surrounding property owners. Responding to questions from the
Board, Ms. Dunn confirmed the City of Evan's concerns about drainage and runoff have been
addressed in Conditions of Approval #2i and #1e. Drew Scheltinga, County Engineer, confirmed
the design is to take the water across the ditch, and Ms. Dunn confirmed one drainage plan has
been received. Mr. Morrison noted the applicant's April 12, 1995, letter discusses the cost of the
drainage over the ditch. Ms. Dunn clarified Condition of Approval #1d concerning whether School
District RE -6 will require land dedication or cash -in -lieu to mitigate student impacts from this
development. Patrick Mestas, Landmark Engineering Ltd., represented the applicant and stated
he prepared the drainage report and final construction drawings and explained there are three
places where the existing drainage enters the Evans Ditch through culverts. He noted the final
drainage study includes design structures and there is no way to control waterflow, but there is
control over waterline elevation. Mr. Mestas confirmed the applicant's willingness to work with the
City of Evans and reiterated the drainage system will be more than adequate. Responding to the
Board's questions, Mr. Mestas stated financial assistance from the City of Evans is desired since
the improvements will also benefit the City. After further discussion, Mr. Morrison confirmed
Condition of Approval #le is satisfactory. Ms. Allely stated she had conversations with the City of
Evans and was surprised to receive the letter indicating concerns. She noted the improvements
would help both the City of Evans and the County and stated she would like financial assistance
from both. Commissioner Kirkmeyer clarified Condition of Approval #1 clearly states the applicant's
obligations and the letter, dated August 11, 1995, from the City of Evans, clearly states it has no
financial responsibilities and neither does Weld County. Responding to further questions from the
Board, Mr. Mestas stated the addition of Condition of Approval #2s is acceptable, and Mr.
Scheltinga commented on the traffic in the area and the proportioning of the paving contribution.
951703
PL0915
C.e_. PL_
TAPE #95-31
RE: HEARING CERTIFICATION - DOS RIOS ESTATES, SECOND FILING
PAGE 2
Further discussion ensued concerning the phasing and cost of the improvements, and Mr.
Scheltinga confirmed when the additional lots are developed the number of vehicles will justify
paving. Again in response to questions from the Board, Mr. Mestas referenced Condition of
Approval #2d and requested the word "may' be changed to "will" or "shall" concerning the County's
acceptance of streets for maintenance, since the road will be built to Weld County standards. Mr.
Morrison noted the First Filing is maintained by the County and clarified the Board is limited in
circumstances to deny acceptance for maintenance. After further discussion, Ms. Allely stated the
home owners' association will be set up pursuant to the Colorado Common Interest Act and will
meet statute responsibilities. Mr. Morrison referenced Condition of Approval #1 b, and Ms. Dunn
clarified Conditions of Approval #2a and #2j and suggested adding "Public Service and/or Colorado
Interstate Gas" prior to the words "utility easements" in Condition of Approval #2]. Mr. Morrison
further clarified Condition of Approval #1 b concerning covenants. No public testimony was offered
concerning this matter. Commissioner Kirkmeyer moved to approve the request of Dos Rios, Inc.,
do Joyce Allely, for a Site Specific Development Plan and Subdivision Final Plat for Dos Rios
Estates, Second Filing, based on the recommendation of the Planning staff, with the Conditions
of Approval as entered into the record including the addition of Condition of Approval #2s and
additional language to Condition of Approval #2j. The motion was seconded by Commissioner
Harbert, and it carried unanimously.
This Certification was approved on the 16th day of August, 1995.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
Deputy Clerk
DOCKET #95-56
Barbara J. Kirkmeyer, Pro -Tern
LD COUNTY, CO O O
FXCl1SFf nATF C1F APPRCIVAI
George E. Baxter
Constance L. Harbert
PL0915 W. H. Webs 8!h1 i7 /.
951703
PL0915
EXHIBIT INVENTORY CONTROL SHEET
Case
Submitted By
Exhibit Description
Exhibi
7/M A.
B.
C.
D.
G.
H.
I.
J.
K.
L.
M.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Z.
Hello