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HomeMy WebLinkAbout20220448.tiffHEARING CERTIFICATION DOCKET NO. 2022-27.A RE: PROBABLE CAUSE HEARING, PCSC22-0002, TO CONSIDER SETTING A SHOW CAUSE HEARING TO DETERMINE WHETHER OR NOT THE LANDWONERS ARE IN COMPLIANCE WITH CERTAIN CONDITIONS OF APPROVAL, CONTAINED IN PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-622 - ESTATES AT HILL LAKE HOA, C/O STACY KISSAM A public hearing was conducted on February 7, 2022, at 9:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid County Attorney, Bruce Barker Planning Services Department representative, Angela Snyder The following business was transacted: A public Probable Cause hearing, PCSC22-0002, was conducted to consider setting a Show Cause Hearing to determine whether or not the landowners, Estates at Hill Lake HOA, c/o Stacy Kissam, are in compliance with certain Conditions of Approval (plat notes), contained in Planned Unit Development Final Plan, PF-622. Bruce Barker, County Attorney, made this a matter of record. Angela Snyder, Department of Planning Services, presented a brief summary of the violations related to the construction of the detention pond. She explained the detention pond design, which required an outlet structure, was approved as a part of the Estates at Hill Lake PUD, and it was discovered this year that it was built without the outlet structure. She stated the HOA has a plan to remedy the situation, displayed images of the pond and the site, and explained the violation was brought to light by the need for a Building Permit for an accessory structure. Ms. Snyder confirmed for Chair Pro-Tem Freeman that the PUD was approved in 2003. Stacy Kissam, Estates at Hill Lakes HOA president, and Jason Fick, Estates at Hill Lakes Vice President, introduced themselves and brought up Greg Balmes, who explained he doesn't believe the pond is a violation and explained why he believes the pond works as intended, using the 2013 flood event as an example. Ms. Snyder stated Weld County would accept a stamped letter from a licensed Professional Engineer, stating the pond is functional, as is. In response to Commissioner Saine, Mr. Fick confirmed there was no standing water or flooded basements as a result of the 2013 flood. Mr. Balmes described how the pond functions and asserted it is an infiltration basin, not a detention basin. cc . PLC"rPfAS) CA(BQ) 2022-0448 4/11/22 PL1630 HEARING CERTIFICATION - ESTATES AT HILL LAKE HOA, C/O STACY KISSAM (PCSC22-0002) PAGE 2 After discussion among the Board and Mr. Barker, a Show Cause hearing was set for June 15, 2022, to allow the HOA adequate time to get a stamped letter or build the outlet structure. In the matter of Probable Cause hearing, PCSC22-0002, Commissioner Freeman moved to find there is adequate evidence to set a Show Cause hearing, for June 15, 2022, at 9:00 a.m., for Planned Unit Development Final Plan, PF-622, held by Estates at Hill Lake HOA, c/o Stacy Kissam, based on the evidence presented by Planning staff. The motion was seconded by Commissioner Moreno. Commissioner Saine requested the HOA members let her know if they are having a hard time getting a licensed, Professional Engineer to sign off on the construction of the pond. There being no further discussion, the motion carried unanimously and the hearing was completed at 9:43 a.m. (Clerk's Note: On February 8, 2022, subsequent to the hearing, the applicant submitted the agreed upon letter from the Engineer to bring the PUD into compliance, thus the Show Cause hearing was called up early on February 16, 2022, and the matter was dismissed.) This Certification was approved on the 23rd day of February, 2022. ATTEST: Weld County Clerk to the Board BY: uty Clerk to'the Board BOARD OF COUNTY COMMISSIONERS r N TY, COLORADO Scott K. James, Chair Mi an, Pro-Tem Perry L. Bu r\Steve Moreno Lori Saine 2021-0448 PL1630 ATTENDANCE LIST Z/�122 NAME - PLEASE PRINT LEGIBLY . ADDRESS (CITY, STATE ZIP) EMAIL { F,' RE�tI ENC`E 'SPEAKING (Y/ ' we 1 ,GI itcc i2 ip 4von cs 2 t Jco /W- /-ILL /4k' 1oa 6zy i4 I 1 k ov GC%GJ� r2ci 9 /( L� /c l e I h /y / I VV i t -I;1l (_ k e "��S _______ Hello