Agenda
Agenda: https://firestoneco.api.civicclerk.com/v1/Meetings/GetMeetingFile(fileId=4947,plainText=false)
Full agenda packet (agenda plus every staff report and attachment): https://firestoneco.api.civicclerk.com/v1/Meetings/GetMeetingFile(fileId=4948,plainText=false)
[0:14]
1. Call to Order & Roll Call
[0:36]
2. Pledge of Allegiance
[0:58]
3. Approval of Agenda
[1:14]
4. Approval of Minutes
[1:32]
4.a. Approval of the March 5, 2026, Planning and Zoning Commission Meeting Minutes
[2:08]
5. Public Comment
[2:24]
6. Public Hearings
[2:28]
6.a. PUBLIC HEARING: RESOLUTION PC-26-02: A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE TOWN OF FIRESTONE, COLORADO, RECOMMENDING APPROVAL OF THE BAREFOOT LAKES, FILING 5, 2nd AMENDMENT PRELIMINARY PLAT
[1:27:21]
7. Staff Reports
[1:27:33]
8. Commissioner Comments
[1:31:14]
9. Adjournment
Transcript
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[1:50]
I just.
[1:51]
Yeah.
[1:52]
Good evening, everyone.
[1:54]
Today is Thursday
July 16th, 2026.
[1:56]
And the time is 601.
[1:59]
I will call to order
this regular planning
[2:01]
and zoning commission meeting
of the town of Firestone Roll
[2:04]
call, please.
[2:05]
Missy Vice Chair Haney here.
[2:13]
Commissioner Ray chairperson.
[2:16]
When it commissioner Sutton
here Commissioner Hoskins here.
[2:23]
Commissioner Young.
[2:24]
Here you have a quorum Great.
[2:27]
If you'd all please
stand and join me
[2:28]
in the Pledge of Allegiance
I pledge allegiance
[2:34]
to the flag of the
United States of America
[2:37]
and to the Republic
for which it stands.
[2:39]
One nation under God.
[2:41]
Indivisible, with liberty and
justice for all Thank you.
[2:49]
So next up we have the
approval of the agenda.
[2:53]
Are there any before we
do that, any amendments
[2:55]
and anyone needs to make to
the agenda this evening No OK.
[3:01]
So I'd like to call for a motion
to approve the agenda I'll make
[3:05]
a motion to approve the agenda.
[3:08]
Second.
[3:09]
First by Commissioner Young.
[3:10]
Second by Commissioner Hoskins
All those in favor say aye.
[3:14]
Aye Hi.
[3:15]
Any opposed motion carries
Next item is the approval
[3:21]
of the minutes for the meeting.
[3:24]
Minutes from March 5th
2026, to have a motion
[3:27]
to approve the minutes.
[3:28]
I so moved to approve
those minutes of March 26.
[3:31]
Second first by
Commissioner Haney,
[3:33]
second by Commissioner Hoskins
All those in favor say aye.
[3:36]
Aye.
[3:36]
All right.
[3:37]
I opposed motion
carries All right.
[3:41]
Next up, we have
our public comment
[3:44]
So the planning commission
welcomes public comment
[3:46]
from anyone that is in
attendance This public comment
[3:50]
is for items that are not part
of the public hearing tonight,
[3:54]
but any other item
that's on the agenda
[3:56]
Do we have anyone that has
signed up for public comment
[3:58]
missing Okay.
[4:00]
We don't have anyone that
signed it for public comment.
[4:02]
Is anyone here wishing
to speak to any
[4:03]
public comment that
did not stand up
[4:05]
for this First public comment ?
[4:08]
Okay. then I will close
that public comment portion.
[4:14]
All right.
[4:14]
Moving on to agenda,
item number six,
[4:17]
public hearing So the purpose of
this hearing is for the Planning
[4:22]
commission to
receive information,
[4:24]
documents and testimony in
order to make findings and reach
[4:27]
a decision regarding public
hearing resolution number 26,
[4:31]
DoorDash zero two, a resolution
of the Planning and Zoning
[4:35]
Commission of the town
of Firestone, Colorado,
[4:37]
recommending approval of the
Barefoot Lakes filing five
[4:40]
Second Amendment preliminary
plat At this time,
[4:44]
I'll open the public
hearing for PC resolution
[4:46]
20 6-02 and the time is now.
[4:50]
604 Town staff will and they
will make a presentation
[4:55]
and then the commission
will hear public comment.
[4:58]
The town staff
turn to you Great.
[5:02]
Thank you.
[5:02]
Can you all hear me okay Yes.
[5:04]
Perfect.
[5:05]
So what ?
[5:07]
Good evening, commissioners.
[5:09]
For the record, I'm on
a for reserve planner,
[5:11]
one representing staff tonight
The agenda item before you is
[5:15]
a preliminary plat for Barefoot
Lakes filing Five Second
[5:18]
Amendment terracing a
design as the applicant
[5:21]
for the Barefoot Lakes.
[5:23]
Finally, five Second
Amendment summary plat.
[5:25]
And they're represented tonight
by Jeff Mark this on the screen
[5:32]
as an aerial showing the
location of the Barefoot Lakes
[5:35]
filing five Second Amendment
preliminary plat located just
[5:39]
along the southern
edge of sanctuary
[5:41]
Avenue between cove Street
and Bend Street or Bend Court
[5:49]
This slide shows an
outline of the development
[5:51]
procedures for the town there,
highlighted up there in green
[5:55]
is the preliminary plat process
the applicant is currently going
[5:58]
through with the
town and the planning
[6:00]
and Zoning Commission
and Board of Trustees
[6:02]
to approve these applications.
[6:04]
Application It will then
move on to the final plat
[6:07]
for the property So this is
the approved zoning map for
[6:14]
the Barefoot Lakes filing five.
[6:16]
The subject property
is zoned Puti and C
[6:19]
for neighborhood center rC
for regional commercial.
[6:22]
Are a residential a, r,
B residential, B and R
[6:26]
residential The land is
generally vacant with oil
[6:30]
and gas facilities Some activity
that had been there previously
[6:34]
and is now wrapped
up the property
[6:37]
to the northeast and west.
[6:39]
Have the same underlying
zoning granted by the Puti
[6:42]
and have experienced development
of mostly single family
[6:45]
detached homes while the
property to the south
[6:48]
is zoned open space to
protect that natural drainage
[6:51]
way that it's kind of
along that southern border
[6:55]
and across that drainage way.
[6:56]
The land is zoned to be a
mixture of the residential uses
[6:59]
from that.
[6:59]
But All right, the site
area is 6.118 acres
[7:09]
and is currently vacant land.
[7:11]
As I said, the proposed
preliminary plat
[7:13]
includes 11 single
family detached
[7:15]
lots and a proposed
trail connection
[7:17]
to the nearby trail system.
[7:19]
The gross density of
the proposed subdivision
[7:21]
is 5.12 dwelling units per acre.
[7:24]
Accordance with
the brief at Lakes
[7:25]
p p, d, and it also the Puti
allows for a total of 5131
[7:31]
dwelling units, approximately
1170 have been built.
[7:36]
So far So the 11
proposed with this plat
[7:39]
are well within the allowed
number of dwelling units here.
[7:42]
The lot sizes range
from 7618ft² to 8972ft².
[7:52]
The firestone
Development Code requires
[7:54]
Three forms of public
notice for public hearings.
[7:57]
The property notice
was posted and letters
[8:00]
were sent to adjacent property
owners on June 30th, 2026.
[8:03]
While the notice was published
in the Longmont Times.
[8:06]
Call on July 1 The town staff
has reviewed the preliminary
[8:14]
plat application materials for
compliance with the preliminary
[8:17]
plat approval criteria found in
section 16 76C of the Firestone
[8:23]
Development Code With the
first five criteria shown here
[8:29]
in the last five shown here
based on this review are staff
[8:36]
recommends Staff also find that
all the approval criteria are
[8:40]
met based on this review, staff
recommends that the planning
[8:43]
and Zoning Commission approve
draft resolution 120 602,
[8:47]
recommending approval of the
Barefoot Lakes filing five
[8:50]
Second Amendment preliminary
plat with the three
[8:53]
conditions listed on
the screen And this
[8:56]
concludes My presentation.
[8:57]
I will be available after
the applicant presentation
[9:00]
and any public comment.
[9:02]
Thank you Thank you. the
applicant for their presentation
[9:08]
is.
[9:08]
All right.
[9:09]
It looks like this is on up.
[9:12]
Thank you and see just push.
[9:16]
She's on the right
here to go to the air
[9:19]
The one without the arrow.
[9:20]
OK great.
[9:22]
Good evening, commissioners.
[9:24]
My name is Jeff Mark.
[9:25]
I'm a principal
Terracing, a design
[9:26]
We are the planners and civil
engineers for this proposal
[9:29]
in front of you tonight, we
also have Representative here
[9:32]
from Brookfield that can answer
any questions that you may have
[9:36]
that if I I'm not able
to answer those for you
[9:39]
want to start off again by
thanking you for having us
[9:41]
here tonight We're
excited to be here.
[9:43]
Also want to thank
all your staff for all
[9:45]
their help on everything.
[9:46]
We always work on
and they're very
[9:49]
helpful and great to work with.
[9:52]
So with that need context map
here which Monica kind of showed
[9:58]
again of where the site is.
[10:00]
If we need to, we
can kind of come back
[10:01]
to this as we move forward.
[10:05]
So One of the questions
is, is why was the site
[10:09]
not developed with filing five?
[10:11]
The reason for that
was is that there
[10:12]
were oil and gas facilities
on this piece of property.
[10:15]
So as you can see here
on the left that's
[10:18]
an aerial from May of 2023.
[10:19]
You can see those oil and
gas facilities on the site
[10:22]
And then an aerial
here from just May
[10:24]
of this year where you see
everything has been removed
[10:27]
from the site The This site
has always been planned to be
[10:40]
future development
Just wanted to bring
[10:42]
up the sales graphic here.
[10:44]
What you can see down
there on the bottom
[10:46]
or it says a future
development was the area that's
[10:50]
been on this plan showing
that at one point in time,
[10:52]
this was going to be future
development at the plant also.
[11:00]
So this is a filing five plat.
[11:02]
You could see here
where it's labeled
[11:04]
track J and K on
the plan over here
[11:06]
And we highlighted it in
the land use summary table
[11:09]
over here.
[11:10]
Maybe a little hard
to see, but it is
[11:11]
labeled as future development.
[11:13]
Also demonstrating the both that
all of the site that you see
[11:16]
kind of in the brown and
yellow was always intended
[11:18]
to be future development The
site is located in planning area
[11:24]
nine, which is kind of filings
five and six of the Barefoot
[11:28]
Lakes ODP within
that planning area,
[11:31]
Nine there's 426 units
allowed based off
[11:35]
of what has been platted There's
technically 58 units that are
[11:39]
allowed on this
piece of property
[11:45]
So with this information
when we first started to look
[11:49]
at the site we
really felt that it
[11:53]
was important that instead of
trying to cram 58 units in here,
[11:56]
that we start to
place homes on here
[11:58]
that are the same size and
nature of what surrounds it.
[12:01]
So what you're seeing on here,
these are the same size, lots
[12:04]
of the existing homes
that are around it
[12:06]
and filing five We also
wanted to generally honor
[12:11]
the schematic form you see in
that sales graphic if we want
[12:14]
to go back to you could see
there was a smaller sliver
[12:16]
of open space on the west side
and a larger on the east side,
[12:21]
which this does.
[12:24]
And as we develop these plans,
we're really trying to make sure
[12:28]
that we're kind of
threading the needle here
[12:29]
with all of the criteria
making sure we're meeting all
[12:32]
of your town standard
when it comes to roads
[12:35]
civil engineering,
the grading on it
[12:39]
One of the items that
we've also added into here
[12:43]
was a propose trail
that you could
[12:44]
see going from the existing
walk along Barefoot Lakes
[12:47]
parkway that's connecting
down to that existing trail
[12:51]
that you could see kind
of the squiggly line there
[12:53]
and the bottom right hand
corner Nothing is planned.
[12:58]
Appreciate it.
[12:59]
Is really with these 11 homes
that we're proposing in here,
[13:02]
it's kind of creating this
nice little cluster of homes
[13:05]
and within that, there's kind
of just three smaller clusters.
[13:07]
You can see we just have a
six, a significant open space
[13:10]
there with the connection.
[13:11]
Another three open space and
another Two that you could see
[13:14]
is ten and 11 With this, we did
have a neighborhood meeting,
[13:22]
so we took this, showed
it to the neighbors
[13:25]
Some of the primary concern is
where we did hear a little bit
[13:28]
of mixed bag Some people
saying, yes, I knew development
[13:31]
was going to happen here.
[13:32]
No, I didn't know it was
going to happen here.
[13:35]
I thought it was going to
happen later than it's happening
[13:38]
But I would say
overall, probably
[13:40]
One of the bigger
comments we did receive is
[13:43]
about the proposed trail that is
now shown on here This plan you
[13:50]
see on here, this
is what is in black
[13:53]
and white was the final
development plan for filing five
[13:56]
is part of that The trail was
never contemplated and there.
[14:00]
It wasn't a required
meant when that was done.
[14:03]
So what you're
seeing here in red
[14:04]
is what we are
proposing in here.
[14:07]
I know this is
something that we didn't
[14:09]
have in our original plans.
[14:10]
Staff strongly
suggested that we should
[14:13]
be adding this trail in here.
[14:14]
So I know again that was kind
of one of the bigger comments we
[14:17]
did get from the
neighbors and residents
[14:19]
that they didn't
expect this to be here
[14:23]
We have tried to pull the
trail as far away from the home
[14:26]
as we can.
[14:27]
I know when you look
at this graphic,
[14:28]
it kind of looks
like they're close
[14:29]
but there is that
drainage, steep slopes,
[14:32]
existing vegetation in there.
[14:34]
So we're kind of getting it
right to the edge of that.
[14:36]
Is close as we can without going
in and starting to really impact
[14:40]
that drainage corridor I
just wanted to quickly show
[14:48]
this exhibit that
is demonstrating,
[14:50]
again, the amount of
open space in the end
[14:53]
with, including
tract k over there,
[14:56]
we're going to be close to
almost 50% of open space
[14:58]
with these two future
development tracts an end.
[15:05]
Finally here, just
wanted to show You
[15:06]
a couple of 3D renderings
that we've done
[15:10]
Just a disclaimer on it.
[15:11]
These are homes
that are currently
[15:14]
models that brookfield does
have that we're placing on here.
[15:17]
Doesn't mean, those are going to
be the exact homes, obviously,
[15:20]
on each home site each homeowner
be able to purchase their lot
[15:23]
and figure out which floor
plan they wanted to have,
[15:26]
but we wanted to make sure
that we were showing here homes
[15:28]
on here that are
representative of what
[15:30]
they're currently building.
[15:32]
So this is again, a view looking
south and seeing that open space
[15:36]
buffer on the right hand side,
the large one on the left
[15:40]
a view looking straight
north onto the site
[15:47]
I just wanted to bring up
the approval criteria here.
[15:50]
Again we do meet these criteria
We agree with staff at all
[15:55]
their findings and the report
that you wrote in here, pages
[15:58]
three through five
of the staff report,
[16:00]
go into detail of each
One of these criteria
[16:03]
and how we meet it.
[16:04]
And we agree with all of those
And then we have the One that's
[16:10]
the PowerPoint by chance.
[16:13]
I want to test something
out for you guys.
[16:15]
So we have kind of a new
technology that we're using that
[16:20]
actually it's going to be
a visual where we actually
[16:22]
fly a 3D drone around the site.
[16:23]
And we will actually model it
in that it's a video in there.
[16:27]
It was a little large,
so I kind of put it.
[16:30]
Another part of the
presentation because if it
[16:32]
crashed at the end, it's
the very end of that one.
[16:40]
Yes I know.
[16:42]
Technology could be
good Well, finicky.
[16:44]
So you're going to be kind
of be my guinea pigs on this.
[16:47]
Doesn't have sound.
[16:48]
No, it doesn't have any sound
I should have added sound to it
[16:56]
So since we're creating
this, I figured
[16:57]
it'd be good Yeah, it is
working and it's not too jumpy,
[17:00]
but Yeah, that's
pretty cool Here you
[17:02]
could see how this you know, it
looks very similar to that cul
[17:06]
de sac a homes.
[17:07]
That's off to the side
of it I think really
[17:10]
fitting in with the
surrounding neighborhood,
[17:14]
creating the open
space between it.
[17:16]
And again, similar type
homes One other item
[17:21]
I forgot to mention in here when
we work through this, a comment,
[17:25]
you know, there's comments from
in the neighborhood meeting
[17:27]
about views We did go back
to our plans and looked at it
[17:32]
and lowered the site as
much as we could So the road
[17:36]
coming off of sanctuary there on
the left hand side what we did
[17:38]
is we try to some maximum
grade peer criteria
[17:41]
that we could go down to just
try to settle these homes down
[17:44]
into the site Again, as much as
we could without raising it up.
[17:49]
I think there is going
to be a little bit
[17:50]
of dirt that's
going to be brought
[17:51]
off the site because of it.
[17:53]
But trying to do anything we
could to help minimize that.
[17:57]
So with that, if you
have any questions for us
[18:04]
we're more than happy to We do.
[18:06]
We'll get to them at the.
[18:07]
You got it.
[18:09]
Thank you.
[18:10]
Thank you All right.
[18:15]
Thank you to both staff and the
applicant for your presentations
[18:19]
So now we were going to
proceed with public comment
[18:22]
for item six.
[18:24]
Do we have anyone sent
it for public comment
[18:34]
No no Public comments.
[18:39]
OK So because there is no one
the Center for Public Comment,
[18:46]
is there anyone that did
not sign up that wishes
[18:48]
to make public comment?
[18:50]
A few individuals.
[18:51]
OK.
[18:52]
What so during
public comments, just
[18:56]
reminder three
minutes and just to be
[19:00]
respectful of everyone's
time, please state your name
[19:02]
and address for the record.
[19:02]
Sir.
[19:03]
Yeah.
[19:03]
I'm Steve trunk and I'm
at one, 2, seven ten Bend
[19:07]
Court in the smaller
little cul de sac
[19:12]
that is significantly
impacted by this.
[19:15]
Obviously myself and
some of the neighbors
[19:18]
would not be in support
of this development
[19:21]
because one of the things
that brought us to the area
[19:24]
that we loved about
Firestone about this area,
[19:27]
was the fact that there
was a lot of open space.
[19:30]
There was a lot of good
views, great views Many of us,
[19:34]
myself included paid a
additional price for the view
[19:41]
for the premium lot.
[19:42]
If you would And I
realize sometimes
[19:45]
the realtors or builders
may not be this fourth.
[19:49]
This closing as they might
have been, but some of us
[19:53]
were unaware that this
was going to be developed
[19:56]
and so, of course, I would
support not supporting this
[20:00]
But you have other
considerations and other things
[20:03]
that you take into
consideration and some
[20:06]
of the economic benefit.
[20:07]
However, I think if the builder
and developer could in fact,
[20:12]
not impact our views as much as
current, Lee would be the case,
[20:18]
no they did talk
about, which was not
[20:20]
at the other presentation
They did talk about they
[20:24]
didn't talk at that time about
maybe lowering or having some
[20:27]
of the view, not
obstructed And so
[20:31]
and I know that sometimes they
show here the building envelope
[20:35]
that shows the biggest you could
build and i would, you know,
[20:39]
hope that at least
as this develops
[20:41]
if it continues that that would
be towards the front of the lot.
[20:46]
So that we would be less
impacted from our backyard,
[20:49]
their backyard we'd
have more of a buffer.
[20:53]
And if we could balance out that
buffer because it seems right
[20:57]
now that there's a
little more of a buffer
[20:59]
to the ones on the east
than there are to the ones
[21:02]
that would be literally
next to our backyard.
[21:05]
I would appreciate
that thought on that.
[21:10]
And and certainly hope
that we can balance out.
[21:14]
So that we're all
good neighbors.
[21:16]
This is this comes
thank you for your time.
[21:20]
I think they should
Hello giving William your
[21:33]
so I live on cove 12657 cove.
[21:37]
Couple of issues we've had
with this there's no question.
[21:41]
I think most of the
homeowners will admit
[21:44]
that that future as you see
a development was going to be
[21:47]
developed If you look when
we purchased the lots,
[21:51]
if you look at what they told
us, they showed us what it is
[21:54]
and what it is now, it's
significantly bigger
[21:57]
They're cram in more
homes into more space.
[21:59]
They're pushing it back.
[22:01]
And for some of us that paid
that premium for the lot
[22:04]
when we bought that,
these weren't a concern.
[22:07]
And now there are concern now
But probably more significantly
[22:12]
for several of us homeowners
is there putting in a sidewalk
[22:15]
walk where there was going
to be no development.
[22:17]
It's some of the sidewalk
goes well past track or J
[22:23]
and the lots were built
They weren't built
[22:26]
to have that sidewalk there.
[22:27]
If you go back there
and look, there's
[22:28]
about an eight foot
portion down from the fence
[22:32]
line to those homes.
[22:33]
And it goes straight down and
they're putting that sidewalk
[22:36]
right there that puts it
about 26ft from my back
[22:40]
door So I paid for a lot premium
to have backup to green space.
[22:45]
And now I'm going to back up to
a public sidewalk and it's going
[22:49]
to be 26ft from my back door.
[22:51]
Any privacy I've had is
going to be completely shot
[22:54]
because of this And I've asked
that they look at other options
[22:58]
for the trails and
we've got trails
[23:00]
all throughout the
community But that's
[23:03]
a significant concern that I
think needs to be looked at.
[23:06]
Thank you.
[23:07]
Thank you So anyone else
that would like to speak
[23:12]
during public comment ?
[23:16]
OK So i see your hand there.
[23:20]
I'm Jean Brown Oh, we are in
the process of purchasing 1 2
[23:25]
in your edges, please.
[23:26]
One, two, 7 to 6.
[23:29]
Ben Court We don't own it yet.
[23:31]
We haven't closed on it.
[23:33]
I i'm a little disappointed
because in the process
[23:37]
of purchasing our
signing the contract,
[23:40]
we were told that there would
be no development back there,
[23:46]
that they were finished
to developer was finished
[23:49]
and had moved on out of that
area and across the road.
[23:56]
So obviously, that was an
incorrect representation to us.
[24:02]
But it's very concerning
when we look out our i mean,
[24:06]
we purchased the Eight
foot tall, 15 foot wide,
[24:12]
expansive view sliding door.
[24:15]
And now it's going to be
looking at someone's back side
[24:21]
of their house But more
than that when I look,
[24:27]
I see a big stake right there.
[24:29]
And that was the well head.
[24:32]
So we are very close to it.
[24:34]
I'm we're from
out of state I was
[24:37]
not aware of all of the drilling
in particular in Weld County.
[24:43]
I find it very concerning
that there are so
[24:47]
many thousands of wells here.
[24:49]
And when i read
about it you know,
[24:53]
I read about how
many are uncapped
[25:00]
the state of development of
the fracking and drilling
[25:03]
that's been going on here.
[25:05]
It's kind of in the mature
stage and we don't any of us
[25:10]
know what will
ultimately happen.
[25:13]
And our homes are all
being built on top of this.
[25:16]
So I find it very concerning
that Firestone is allowing
[25:22]
such a minor setback
from cap wells
[25:27]
I don't think it's adequate.
[25:30]
And for my own home,
I feel concerned
[25:35]
But for someone who's going to
be between that, well and me,
[25:40]
I think I. I mean, do they have
to notify the buyers that they
[25:46]
are building on top of a well
pad site Will they be made aware
[25:52]
of that I don't think there's
anything that I've read
[25:56]
that says you require that
be revealed to people People
[26:01]
are coming in with children.
[26:03]
My three little
grandsons live next door.
[26:06]
I have a blood cancer I don't
think it's in our best interest
[26:12]
to be allowing home homes to
be built right on top of well,
[26:18]
Pat what's going to happen?
[26:20]
75 years from now?
[26:22]
Is this going to be one
of the biggest cancer
[26:25]
clusters in the
United States I think
[26:28]
you should think about
these things It's not right.
[26:33]
Those are my main
concerns Thank you.
[26:36]
Thank you Anyone else like to
make public comment at this time
[26:44]
Okay So at this time, the
public comment portion
[26:49]
of this public hearing is now
closed And as a commission,
[26:53]
we will now deliberate on on
this matter Before we start
[26:58]
with some questions
and some deliberation,
[27:00]
I just want to state that
the documents include
[27:02]
within the record for
this public hearing,
[27:03]
including all materials in the
planning and zoning commission
[27:06]
agenda packet, the
presentation given tonight,
[27:09]
and I'll written referral
and public comments regarding
[27:11]
the application
will be included So
[27:14]
does anyone have any
objection to the inclusion of
[27:17]
those documents records Okay.
[27:21]
So with that, does staff
wish to address anything that
[27:26]
came up during public comment?
[27:28]
Perhaps maybe you could
speak a little bit
[27:30]
about how the oil and gas
functions when it comes
[27:34]
to the pay for that Also perhaps
address some of the setback
[27:39]
concerns And I know there is
part of the public testimony,
[27:42]
the emails that we received in
our packet that looks like met
[27:47]
and argued spoken to mr. Arts
in regards to his concerns
[27:56]
and mr. Maher about
the sidewalk going.
[27:59]
And if you can maybe address
some of those for us,
[28:02]
please comment I take that to
mean take it to the cancer.
[28:06]
OK I'll take the oil and gas
stuff since I have a little bit
[28:10]
more experience with that
than on a cut So first of all,
[28:14]
we require our.
[28:17]
Thank you.
[28:18]
Thank you The fire storm
development code requires a 50
[28:23]
foot setback from plugged
in abandoned wells
[28:26]
They do have to be
shown on the documents
[28:29]
and they'll have to be those
50 foot setbacks will have
[28:33]
to be shown on the final plat.
[28:35]
So and yes, in
your documentation
[28:40]
with your title report, you
know that information, you know,
[28:43]
will show up.
[28:45]
If it is on your
property We also
[28:48]
require that the applicant to
provide all the documentation
[28:54]
from ECM c, which is formally
Colorado Oil and Gas Commission,
[28:58]
now rebrand it as
CMC and they have
[29:02]
all the reports that show that
the oil and gas equipment was
[29:06]
removed correctly.
[29:07]
And then it's been
cleaned up correctly.
[29:10]
We also require
the town fire still
[29:13]
requires third party information
showing a report showing
[29:18]
that the equipment
belowground that we can't see
[29:20]
was also removed
And those reports
[29:23]
do come along with
pictures showing
[29:26]
where they've dug
it up to confirm
[29:28]
that it's not there anymore.
[29:30]
So we take it very seriously.
[29:33]
You know, obviously, we've had a
had an accident in town already
[29:38]
in the past And so we
take it very seriously.
[29:42]
The safety of our residents and
making sure that the old oil
[29:46]
and gas pad was
cleaned up correctly
[29:50]
I think the clarification
I'll just make
[29:52]
is the third party
verification is for pipeline
[29:55]
So if there are any pipelines
leading to those wells that were
[29:57]
removed you need third party
verification showing the removal
[30:01]
or if they can't be removed
because they go into a road,
[30:04]
something like that,
they're required to flow,
[30:06]
fill them with concrete
to ensure the gas
[30:07]
can't build up again.
[30:12]
And i can speak a little
bit more to the conversation
[30:15]
about the trail and kind of
how we got to the conclusion
[30:20]
that a trail is necessary
for this development.
[30:24]
So when we're
looking when staff,
[30:26]
we're reviewing these submittals
for these application,
[30:29]
we are review these submittals
against the Firestone
[30:32]
development code.
[30:33]
And there are a couple of
very specific sections of code
[30:37]
that mandate the
construction of a trail.
[30:41]
So one of them is
Section 1665, D, E,
[30:48]
and that is about cul de sacs
and dead end streets And in that
[30:53]
section it reads, Should they
be incorporated a view corridor
[30:58]
at the cul de sac head or dead
end street, a minimum of 35ft,
[31:02]
which should be provided
to maintain open
[31:04]
views and pedestrian access.
[31:06]
And then goes on to say
how those view corridors,
[31:11]
if possible, must include
a trail connection
[31:15]
And so that's one
of the main reasons
[31:17]
that that trail was asked to
be included with this submittal
[31:23]
and staff leave that the
reason this wasn't done
[31:25]
with the broader filing five
planning was because of the oil
[31:29]
and gas facilities proposing a
trail at that time in this area.
[31:33]
With that within that proximity
to the oil and gas operations
[31:38]
didn't seem as smart as
doing it at a later date
[31:42]
when this new development comes
in actually, what wouldn't it
[31:49]
wouldn't have been
allowed or at least
[31:52]
with our current standards, we
have a 150 foot setback from oil
[31:55]
and gas to a trail Can any
other comments with regards
[32:04]
to public comment that staff
would like to comment on
[32:07]
or the applicant don't
believe so All right.
[32:14]
So at this time commissioners,
do you have any questions
[32:19]
that we'll then go
into any questions
[32:22]
about the public testimony
that we just heard before we go
[32:26]
into deliberations It's been
i'll go through my list Which
[32:34]
part of the trail is most
contentious The entire trail
[32:39]
or from what staff has been
hearing mostly from sorry,
[32:45]
from residents.
[32:47]
Yes.
[32:48]
So from the feedback that
staff have been receiving
[32:50]
from residents that
eastern portion closest
[32:54]
to the homes over there
has been of most concern
[32:59]
And then I'm sure.
[33:00]
Any other place where the trail
is close to other existing homes
[33:04]
is probably also very key, has
used the pointer just to kind
[33:09]
of think So right along here.
[33:21]
And then potentially over there
as well including the wavy part
[33:26]
or between the homes or
just the part that loops
[33:30]
around the back of staff
have not had any comments
[33:35]
on the wavy part yet.
[33:36]
There is an existing
kind of wavy trail
[33:39]
connection through this tract.
[33:41]
At the end of it
over here But yeah,
[33:45]
that no other concerns mentioned
and why couldn't it go up?
[33:49]
I think that structure where
there's nothing over here.
[33:53]
Yeah OK.
[33:55]
Is that okay that
that connection.
[33:58]
So this along the high
side of the drainage Yeah.
[34:02]
Goes through the
whole neighborhood
[34:04]
So when you cross the
street, it continues on.
[34:07]
Also when you get yourself
from there up to you.
[34:11]
So yeah you get yourself
here, pulls right here So
[34:17]
there's already a social
trail here of people walking
[34:20]
along this And the
neighbors told us that to
[34:23]
Yeah, you're right.
[34:24]
There has been people
walking out here
[34:26]
the paved trail will allow
folks of all abilities.
[34:31]
And if you're in a wheelchair
or pushing a stroller or on
[34:35]
a bike or young
or old or anything
[34:38]
in between the
hard surface trail
[34:41]
allows all users to use it.
[34:45]
What do you mean
by social trail?
[34:46]
If you can clarify if
you go out there now,
[34:49]
you could see that
there's a trail
[34:51]
and people have been walking
through there essentially along.
[34:54]
Do you call all
the walking trails,
[34:56]
social trails and barefoot like
so as an informal trail, please?
[35:00]
Well, don't let the
chair do this thing.
[35:04]
So if are there
other opportunities,
[35:06]
if the public have more
testimony to speak Keith, or is
[35:10]
that would be the proper
procedure for that.
[35:15]
So you close public comment
in my recommendation
[35:20]
is to continue
what you're doing.
[35:22]
Let the questions to be asked.
[35:23]
Staff and then allow
the applicant to have
[35:27]
an opportunity to rebut.
[35:29]
And then after
that if the board.
[35:32]
So chooses someone
can make a motion
[35:33]
to reopen public comment that
would have to pass by a majority
[35:40]
So we'll do okay.
[35:42]
So let's continue.
[35:44]
Yeah.
[35:44]
So that's what we'll do going
forward after if there's
[35:47]
any rebuttals then I'll
ask for a motion to reopen
[35:49]
public comment If
there's for the comments
[35:50]
that you all would like to make
in response to whichever it
[35:53]
tonight OK So the other part
of the issue with the trail
[36:00]
was that there's a drop
off So will there be
[36:03]
any kind of guardrail or
railing put in to prevent
[36:08]
falls as it's not that
kind of I don't it's
[36:12]
not that steep of a drop off.
[36:14]
I think the point is it.
[36:16]
They're trying to keep the
trail on the flat part of it
[36:18]
and not have to build
retaining walls.
[36:20]
You know, when you get
down into the drainage
[36:22]
then you would have to
build retaining walls
[36:24]
and you potentially
affecting the drainage.
[36:26]
So they're just trying to
keep it up on the flat part.
[36:29]
It's not like a cliff
though It's my backyard.
[36:33]
It's a cliff.
[36:35]
It goes down on
So we need to keep
[36:37]
order You have to
have a chance to make
[36:40]
some comments afterwards.
[36:43]
Staff have also heard from some
residents that we discussed this
[36:47]
with that there have
been folks seen walking
[36:51]
through the drainage way, the
actual drainage way with pets
[36:56]
And so this trail would also
potentially be an opportunity
[36:59]
to get folks out of
walking in that open space,
[37:02]
that drainage way.
[37:02]
That's not intended
for pedestrian activity
[37:06]
and up into higher
ground, closer
[37:08]
to the the residential
areas where
[37:11]
you can observe the drainage
way from a distance.
[37:15]
So just for clarification
on the trail,
[37:18]
is required or not required
by the after See the FCC would
[37:25]
require construction of
the trail of that trail
[37:28]
through that yes it
requires it to be connected
[37:31]
Ed, let me read it.
[37:32]
So if you corridors
shall contain
[37:34]
a pedestrian walkway or trail
connection, wherever possible.
[37:37]
So that would mean
the connection
[37:39]
to the the stub out trail
coming from that other tract
[37:45]
over in this cul de sac
next to that existing
[37:49]
trail There have to be a trail
connection coming out here.
[37:52]
And then this stub
out as well But
[37:55]
does it have to go all the
way around as the trail
[38:00]
connection picks up on the other
side of Barefoot Lakes Parkway?
[38:04]
And if you really take a larger
aerial view of filing five,
[38:08]
you can see the
natural connection
[38:10]
from the existing trail on
the other side of Barefoot
[38:12]
Lakes Parkway All right.
[38:13]
We don't get to look at those
things on our own right.
[38:17]
OK This trail connection
here is required to be here.
[38:23]
So in the 30 foot tract
that's required there,
[38:26]
it does have to
have a trail in it.
[38:29]
The trail down here to will
connect into the trail system
[38:34]
around and Barefoot lakes.
[38:36]
So really good connections.
[38:38]
You've got the pool
basically, at one end
[38:40]
you got the connection to the
Barefoot Lakes Trail system
[38:43]
around the lakes itself
down at this end.
[38:46]
So really make some
great connections
[38:49]
And you say that the drop
off is not that severe,
[38:52]
but it sounds like you
can't pull that out any
[38:54]
further from behind that home.
[38:57]
I anything is possible.
[39:00]
Typically, you're trying to
avoid doing retaining walls.
[39:03]
We should let that into
the crucial at the engineer
[39:05]
respond to that All right.
[39:12]
So really the slope
along that edge i'll say
[39:14]
is that the maximum
slope you could have?
[39:16]
So when they design
this, that's what it is.
[39:17]
So once you start moving
a trail, a flat surface
[39:21]
out into it, you're going to be
into a retaining wall situation
[39:25]
along with.
[39:26]
And then you will be in
a guardrail situation
[39:28]
because you are starting
to install retaining walls
[39:31]
So really we're getting
it to that furthest point.
[39:34]
We can get at the
top of that edge
[39:36]
where if you just for every
foot or every three feet,
[39:40]
you move it out, That's going
to be a foot of retaining
[39:42]
wall and also bigger impacts.
[39:44]
And then you start
to get that handrail.
[39:45]
So you start to situate it.
[39:48]
I mean, if you were to
move it even ten feet out,
[39:50]
you're at a couple of,
you know, you're over two
[39:52]
feet of retaining wall.
[39:53]
So that's that's
where we're kind
[39:55]
of threading that needle on it
right now, if that makes sense.
[39:57]
What's the issue with that?
[39:59]
Well, I think in a natural
corridor like this,
[40:02]
I think the last thing you'd
want is a bunch of railing
[40:05]
everywhere I think that's
something that just
[40:07]
doesn't really fit into
the character of it to get
[40:11]
a distance of, let's say
15ft away versus 20ft away,
[40:17]
that really the perceived
distance is not that much
[40:20]
of a distance, but on a hillside
like that, it does make a big
[40:25]
difference in the design of it.
[40:27]
Again retaining walls, railing
walls that the district
[40:31]
is going to have to maintain.
[40:33]
Then that over time you
know, will need to have work.
[40:35]
And so it's just additional
cost all around on that to
[40:38]
But it's possible like again,
I think anything's possible
[40:41]
so that that would
potentially also
[40:44]
require changes to their
stormwater master plan.
[40:47]
Yes there's stormwater
issues starts
[40:49]
to play into impacts
to, again, the existing
[40:52]
vegetation along there.
[40:53]
I mean, it's but to
the point of well,
[40:56]
I think you can build
a theory for folks
[40:58]
to understand exactly
what this particular does,
[41:03]
why this particular the
design of that trail
[41:05]
works So if there
are stormwater issues
[41:09]
or is there anything else?
[41:11]
No I think that is it.
[41:13]
And again we've been working
with staff on what they feel
[41:15]
the cold criteria
is on the connection
[41:18]
points for this trail, which
is where we have then added
[41:21]
the connection points that
have been recommended to us
[41:26]
and while we have you
at the microphone, how
[41:29]
much lower are you
intending to build the home?
[41:32]
Somewhat.
[41:33]
Was originally presented
to the neighborhood
[41:36]
I think we ended up the
steepness of the road.
[41:40]
I think when we maxed
it out, it ended up
[41:42]
being in the ballpark of maybe 3
to 4ft lower on the end of that.
[41:46]
And that is, again
it was already
[41:49]
the road was already from
the original presentation
[41:51]
was already going downhill
And then as we looked at it,
[41:55]
we were like, well, we can't
actually steepen up the road as
[41:57]
much as possible to
meet your criteria,
[41:59]
which is what we did
to try to get that cul
[42:01]
de sac as low as we could.
[42:02]
So overall 3 to 4ft lower than
the original downhill lowering
[42:07]
that we kind of already
had And how does
[42:10]
that impact the
view for the people
[42:12]
that were complaining about it?
[42:15]
I'd say that's kind
of hard to say,
[42:18]
given to each individual A home
has a kind of a different view
[42:22]
or a potentially you know,
you know as it gets further
[42:25]
towards the drainage
again, each one of those
[42:28]
is going to be down
a little bit lower.
[42:30]
And so you know,
it's really what
[42:32]
we're trying to do is
the best that we can
[42:34]
to try to help out on there.
[42:36]
And meet still your criteria OK.
[42:39]
All right.
[42:39]
Thank you.
[42:40]
You so i have another
question for you.
[42:45]
You said everything has
been removed from the site
[42:49]
with regard to oil and gas,
correct Do you literally mean,
[42:53]
things were dug up
and removed Yes,
[42:55]
things were dug up and removed.
[42:56]
We are still in the process of
filing all of our final reports
[43:01]
Our staff mentioned, we have
to go through and make sure
[43:04]
that every single line has been
removed They're still out We're
[43:08]
still out here
doing studies on it,
[43:10]
trenching different
areas just trying
[43:12]
to make sure that
everything has been removed.
[43:14]
I do commend firestone.
[43:16]
For what it's worth
on your regulations
[43:19]
that you do have on
it, because it is rare
[43:20]
and a lot of the
areas that you do,
[43:22]
make sure that all of those
lines have been removed
[43:24]
and we make sure that we honor
that and take it seriously.
[43:27]
OK.
[43:28]
Thank you.
[43:28]
You Mean questions Hold
on No, I think that's
[43:45]
it Thank you Thank you, Chair.
[43:51]
I do have a couple and
they're mostly for staff.
[43:55]
About the 50.
[43:57]
So the 50 foot setback from
where they were capped that.
[44:01]
So every new development
home is going
[44:04]
to be at least that for
away from each one of those
[44:10]
and these have been
abandoned and capped
[44:14]
and it sounds like
they're going through.
[44:16]
And verifying that
they're all gone.
[44:18]
And did you say earlier, there
would be a notice to the buyers
[44:24]
of those lots that
they had been there
[44:26]
were no the no lot
will be no lot.
[44:30]
We can't plot a lot over
that 50 foot setback.
[44:34]
So no lot will be over
the 50 foot setback.
[44:37]
OK That's our job to make sure
that that doesn't happen Right.
[44:42]
50 foot setback, right And so
is there a notice that that
[44:47]
was there before or is that
just I know you said something
[44:50]
about it showing
up in the I think
[44:52]
if if it's on your
property would
[44:54]
show up in the title report.
[44:55]
But if it's not on your
property, it would not
[44:58]
I don't know that it'll
be on the final plat.
[45:00]
Our subdivision
agreements do require
[45:02]
an oil and gas disclosure form.
[45:05]
That's in the title entirely.
[45:07]
It does in the subdivision
when they're selling them.
[45:09]
So it's just if it's in the
lot itself, if it crossed
[45:12]
or if it was in here about if
it's in that filing OK, good.
[45:16]
OK.
[45:17]
All right.
[45:18]
I think that's all I have.
[45:19]
Thank you Yeah.
[45:23]
Thank you, Chair We talked
a lot about the trail.
[45:26]
What's the width of
that trail Ten feet
[45:32]
and foot concrete I
believe so This concrete,
[45:37]
asphalt. Asphalt. Oh, it's
asphalt. I still couldn't so.
[45:46]
I'm sorry You guys
want to clarify that?
[45:50]
Don't have to be
concrete to look.
[45:51]
So you're the plan Oh,
no, it's five feet.
[45:54]
Propose five feet
concrete trail.
[45:56]
And it does have to be concrete.
[45:58]
So i apologize for
saying ten five.
[46:01]
So it's.
[46:02]
It's only five foot.
[46:03]
Five foot.
[46:03]
Yeah So it's not even like our.
[46:05]
But well, kind of like
our bike paths out here.
[46:08]
Yeah It's this that you
know, the other paths
[46:12]
like this that it matches
up to in bare lakes
[46:15]
are also five in
your open space area
[46:21]
I imagine that's going
to be somewhat watered.
[46:23]
Is it native grasses or what
are we looking at in there
[46:29]
I don't know anybody It's dirt.
[46:32]
It's there's some water down
there during a very heavy
[46:36]
So once again once again,
sir, this is not your time
[46:39]
to be speaking about anybody
that is part of staff
[46:43]
or the applicant
So Yeah, it is just
[46:47]
native seed that does
have currently does
[46:49]
have some irrigation out on it.
[46:52]
Usually the intent of that is
for establishment out there.
[46:54]
And then at that point
usually try and minimize
[46:57]
the amount of water that
is used to make sure
[47:00]
I'm not 100% sure
if you guys know,
[47:03]
if you even run it
normally out there
[47:05]
or if it's just for established
right out of barefoot
[47:10]
Yeah, kind of
depends on the area,
[47:11]
but typically, it's usually
around for establishment
[47:14]
Know any trees or anything like
that to help shade in the areas
[47:18]
or.
[47:18]
Yes So that's our thing.
[47:20]
There are some existing trees
that were planted out there just
[47:23]
in the last couple
of years We're hoping
[47:25]
to be able to relocate
some of those We do have
[47:27]
in our landscape
plans are the trees
[47:29]
that we are trying to
preserve out in there.
[47:32]
Then the trees that we
will be trying to relocate.
[47:35]
And also, in addition to
that, adding additional trees
[47:38]
into the open space area And
so it's just an establishment
[47:44]
in the system would be left.
[47:47]
Typically.
[47:48]
That's how it is.
[47:49]
I said, I'm not sure
if you guys run it
[47:51]
when during extremely
there's a drought out there
[47:54]
or if it's having an issue.
[47:55]
But most of the time, it's
just toward till establishment.
[47:58]
OK.
[47:59]
And yeah because
water usage is will
[48:03]
be a bigger bigger concern
so Yeah so appreciate
[48:07]
your concerns for that.
[48:08]
And dealing with
it appropriately So
[48:14]
there's like Pat brought up
there are issues on that routing
[48:22]
and I know you already
did all your studies
[48:24]
and you economics of development
and what's the cost to you
[48:29]
and the impact and
how you get your money
[48:31]
back out of this thing.
[48:32]
So retaining walls
are expensive Yeah.
[48:37]
So I imagine you're going
to try to avoid those.
[48:41]
Yes I would say conk
concrete walks are expensive.
[48:44]
Also, just in general
especially for over 11 months.
[48:49]
There's a lot of
value on those two.
[48:52]
You know, as far as for the
bikers and the casual walkers
[48:56]
and everything.
[48:56]
And that's One of the
attractions of your Barefoot
[49:00]
Lake area you know
the flexibility
[49:04]
of movement of the pedestrians.
[49:07]
Yeah, it's a shame there's
that conflict for your users
[49:11]
that already invested in their
property There's and you can't
[49:17]
resolve all conflicts, but you
can try to make it the best you
[49:21]
can if you can move it
at least a little bit,
[49:25]
doesn't hurt, you know, because
you haven't constructed it.
[49:27]
Yeah.
[49:28]
No, not right.
[49:29]
OK.
[49:30]
Well, so consider and
I appreciate it Okay.
[49:35]
That's all I have
to I just have to.
[49:44]
Two quick questions
One, in the testimony
[49:51]
with the email
from mr. Mauer, he
[49:55]
mentions that there was he
he liked the idea of paving
[49:59]
the social trail along the river
as an alternative to the pathway
[50:02]
through the areas
initially proposed.
[50:04]
So can you describe what
that initial proposal was
[50:06]
and what was changed that he
references in his email on that?
[50:10]
And I'm not sure I'm sorry.
[50:12]
I was to you.
[50:13]
It was to you met
the emails to you.
[50:16]
I believe he was
talking about this.
[50:20]
So this trail
connection on this side
[50:23]
goes down to that barefoot
lakes, the peninsula park
[50:27]
with the trails around the lakes
that they have down there I
[50:31]
believe that he was
mentioning that he would like
[50:33]
to see that that which
is currently a gravel
[50:37]
or aggregate trail paved.
[50:39]
OK.
[50:40]
Which would kind of be out
of the scope of this project.
[50:45]
I see that he would have
preferred that instead
[50:48]
of the trail connection
that's shown here
[50:50]
Okay, we got a ridge for it.
[50:53]
So, so with that, were
there any other alternatives
[50:56]
proposed in terms of
the trail connections
[50:58]
or any other like alternate
one, two and three or anything
[51:01]
like that?
[51:02]
No, no, no.
[51:03]
OK.
[51:03]
This is the only one that fits
within the criteria of the.
[51:06]
You have to see And then my
other question obviously, I'm
[51:11]
not a builder or anything
but the top home up there, it
[51:15]
seemed you know, very
close to the existing
[51:18]
homes that are built. So
i'll just call it the North.
[51:22]
You know, the north,
the way west corner
[51:25]
up there is there from a
developer effective as a reason
[51:29]
why it wasn't placed
on the opposite side.
[51:31]
So there wouldn't be as much
of a or as close of a being.
[51:36]
So it wouldn't be as close to
that to the home that backs up
[51:39]
to So again, on this
one, we are as I'm
[51:43]
kind of threading the
needle, there is an easement.
[51:46]
The road actually has an
easement just to the you can see
[51:48]
on the right hand side of it.
[51:50]
So that access point is really
locked in by that easement
[51:53]
right there of where we
need to be at in kind
[51:56]
of the tangent criteria
along with also
[51:58]
the plugged in abandoned
wells that are over in there.
[52:01]
So really, as we're
going through it,
[52:03]
the easement the plugged in
abandoned wells, everything kind
[52:06]
of out in the site and then
the criteria of the engineering
[52:09]
standards kind of really have.
[52:11]
It's where there's a
very specific location
[52:14]
that everything
that's in there Okay.
[52:16]
Yeah.
[52:17]
I'm just curious about this is
there is so much over there.
[52:19]
I didn't know if there was
because of the oil and gas
[52:21]
or if there was just some of the
thing that was behind that Okay.
[52:25]
Thank you.
[52:26]
Those are my questions.
[52:28]
Thank you.
[52:29]
So with that are there any type
of rebuttals or anything else
[52:33]
that you want to
comment on with regards
[52:35]
to the public comment that was
received from the applicants ?
[52:39]
So do you want to.
[52:40]
Is there anything that
you want to comment on?
[52:41]
What was it for the rebuttal?
[52:44]
Again, just the
applicant gets to rebut.
[52:46]
Correct.
[52:46]
Now that those.
[52:47]
No, I was saying anything
want to rebut from what
[52:49]
was heard during that.
[52:51]
OK.
[52:52]
Public comment.
[52:53]
And then once the
applicant stand,
[52:55]
then you can potentially reopen.
[52:57]
But the motion Correct.
[52:58]
You okay.
[53:01]
That sounds good.
[53:03]
Now, am able to
make that motion.
[53:04]
Keith was actually one of
the commission members.
[53:06]
Anybody who made the motion.
[53:07]
OK before you do,
can i ask one more?
[53:10]
Sure Was there in
our packet we got
[53:16]
the email from Mr. Arts to Ms..
[53:18]
Riser, but I don't see
her reply to Mr. Yards.
[53:22]
Yeah we so there was a reply
and we also met with Mr. Yards
[53:27]
out Matt and I went out there
to the site and walked around
[53:31]
and met him at his, at his
fence and we had a conversation
[53:35]
about it as well.
[53:37]
Is there a reason
that email reply was
[53:39]
not include it in our packet?
[53:41]
No it's not part of
the public comment.
[53:44]
Yeah, that's it's
only public comment.
[53:46]
We don't put in
correspondence back and forth.
[53:49]
I got you.
[53:50]
OK.
[53:51]
Thank you Right at this
time of commission I
[53:58]
would I make a motion to
reopen public comment to allow
[54:02]
for the public to address
some additional concerns I
[54:08]
second segment,
Commissioner hoskins.
[54:09]
All those in favor say Hi.
[54:12]
OK We will reopen the public
comment portion of item
[54:15]
number six, the time is now.
[54:17]
653.
[54:19]
Those wishing to
make public comments
[54:21]
may come up one by one Apologize
if I seem I get heated I've been
[54:30]
involved in this in
a while, and it's
[54:32]
pretty you know, intrusive here
One thing about when you look
[54:37]
at the developed meant take
a look at the if you look
[54:41]
at the what they proposed was
going to happen when people
[54:45]
bought the lots it looks
just like Ben court
[54:49]
if you look at it, it's almost
identical in scope to Ben Court
[54:53]
If you go to this photo
here and you pull up,
[54:56]
you can see it's significantly
bigger than Ben Court.
[55:00]
It comes out deeper
and it's wider
[55:04]
And you're right
to be concerned.
[55:05]
It's awful close to
those houses over there.
[55:07]
I live over here on the other
part of the sidewalk One
[55:12]
thing I want to point
out, they already
[55:14]
covered the maximum cliff.
[55:17]
Appreciate it.
[55:17]
Is a cliff out there and they
probably can't fit a ten foot
[55:20]
sidewalk because there's not
enough room between my fence
[55:23]
line and the cliff It's
not going to do a lot
[55:28]
to help the social traffic.
[55:30]
So what happens is
in that green space,
[55:33]
there are about Four dog owners
who are Bird Dogs owners.
[55:37]
About once a week, they
take their dogs down
[55:40]
in that green space and
they let them run and chase,
[55:43]
you know, coyotes and
birds and whatever.
[55:48]
So that's really not going to
help much as far as that goes,
[55:51]
which is why I thought maybe if
you put a trail through there
[55:55]
in that connected you know,
I know it's an expense
[55:58]
and maybe it has to be
a raised wooden deck
[55:59]
or whatever that be concerned.
[56:02]
But the bigger concern
is, is if you go around
[56:05]
and they talk retaining
walls, if you keep walking
[56:07]
that all the way around
there's houses as cove
[56:11]
goes through that exact
retaining wall, was there.
[56:15]
They have that sidewalk They've
taken it about 40ft away from
[56:19]
the fence line, down
the slope And that
[56:23]
sidewalk goes in and
there's a retaining
[56:25]
walls already built there.
[56:27]
Now, I understand that
they want to avoid
[56:29]
the cost of a retaining
wall, but they're
[56:32]
not considering the homeowners.
[56:33]
And it's not just meters About
4 or 5 of us right there.
[56:36]
None of them are here.
[56:37]
There are other
things, but I know
[56:39]
they have the exact
same concerns as we do.
[56:43]
But it can't be done.
[56:44]
It's just an expense.
[56:45]
But i mean, what's
the value of my house
[56:47]
going to be when now there's
a public sidewalk there?
[56:50]
If they would move
that 20ft away,
[56:55]
it takes it down about
six feet below grade where
[56:59]
they've got the retaining wall.
[57:01]
My privacy is not
impacted at all.
[57:04]
I can sit on my back
door, my back porch,
[57:06]
and if I see the top
of somebody's head,
[57:08]
maybe I hear a dog bark.
[57:10]
Maybe But it's way down there
and maybe a little more cost.
[57:15]
But I know me and the
rest of the homeowners
[57:17]
will walk away happy and
feel like we've not been
[57:20]
wronged So that's all I've got.
[57:23]
Thank you.
[57:24]
I'm thinking of album.
[57:33]
Hi.
[57:33]
My name's Linda Kane and
I live in Been caught
[57:36]
one, 2, six, nine, eight.
[57:39]
And that squiggle path is
on one side of my property
[57:42]
and then the other one
is on the other side.
[57:45]
So I'm really going to be
impacted by that trail now.
[57:49]
And as far as there
being a social trail,
[57:51]
I've lived in the house
a year and a half.
[57:53]
I've seen De'Aaron
Fox's One teenage boy
[57:58]
and the gardeners,
the landscape people,
[58:00]
there is no traffic
behind my house.
[58:03]
I have a big dog He
would let me know
[58:05]
if I'm missing
something You know,
[58:07]
it's a deer trail It's not.
[58:09]
People don't use it.
[58:12]
We've been on, you know,
I've been in the house a year
[58:14]
and a half.
[58:15]
And no one, I've
been caught seems
[58:16]
to be hurting because we don't
have access down that way.
[58:19]
We just walk.
[58:20]
Other directions
I don't understand
[58:23]
why all of a sudden our cul
de sac has to be impacted.
[58:27]
So much by this trail.
[58:31]
And people who go off trail are
still going to do it You know,
[58:35]
the trail isn't there
doing it for other reasons.
[58:38]
You know and we
paid a lot premiums
[58:43]
for this view of nothing.
[58:45]
And now it'll be people
Mine was $50,000.
[58:50]
That was my lot.
[58:51]
Premium And they said someday
they might build there.
[58:56]
Maybe in 30 years.
[58:59]
This has been a year and a half.
[59:01]
So it really this is going
to affect quite a few of us
[59:08]
Why does why so many
houses in such a small area
[59:14]
The people on cove, if there
were if they put in like five
[59:20]
houses, maybe people
would still have
[59:22]
a section of view
left instead of losing
[59:25]
completely their mountain view.
[59:27]
The Sunset View But to cram that
many houses in there you know,
[59:32]
and who's to say how much
view anyone would have left.
[59:35]
But these people
love their homes.
[59:37]
We spend a lot of
money landscaping.
[59:39]
We have these private
backyards where we see deer.
[59:42]
I see deer.
[59:43]
And I don't know that
I'll ever see them again.
[59:46]
Once this is done.
[59:48]
Thank you Thank you, Linda.
[59:51]
Just one point of clarification
Haitian is meant Oh,
[59:55]
can you pull that back up or
do we have to hold on, hold on
[1:00:00]
again for the record let's just
get through the public comment
[1:00:05]
and then sorry, after the public
comment staff and the applicant
[1:00:09]
have yet another opportunity
to respond Thank you again,
[1:00:19]
Steve trunk.
[1:00:20]
One, 2, seven, ten.
[1:00:21]
Been caught What
I for some reason
[1:00:24]
I didn't understand
the little squiggly
[1:00:29]
you know the lombards
street if you
[1:00:30]
would up there that comes down
between my house and another
[1:00:36]
house here.
[1:00:37]
There's no there's no
benefit to somebody that
[1:00:40]
would be in that cul de sac.
[1:00:42]
I don't know why anyone would
come off that trail if they were
[1:00:45]
going to the pool
or well, where else
[1:00:48]
they would go up that
serpentine trail head there.
[1:00:53]
And I don't know if
that was a requirement
[1:00:57]
It's not shown on the plan.
[1:00:59]
That's actually not
part of the plan.
[1:01:01]
So this is not shown
on their plan Okay.
[1:01:07]
What's that We need the right.
[1:01:09]
But that's it's not actually
on the plan right now Right.
[1:01:12]
So now I'm a little
more confused.
[1:01:15]
Is is it on the plan
that's proposed?
[1:01:18]
I think yeah.
[1:01:19]
Once once we finish
the public comment,
[1:01:21]
then we'll have staff address
that and kind of clarify
[1:01:23]
because if that's
not on the plan,
[1:01:25]
then that's not an issue
that is currently nobody
[1:01:30]
uses that there
except for to walk
[1:01:32]
a dog down from our neighborhood
and you wouldn't go.
[1:01:36]
If you're going to the
pool you use the lower one.
[1:01:38]
But again, most people
when they go into the pool
[1:01:42]
have other means
of transportation
[1:01:44]
or walk wagons with
their stuff in.
[1:01:47]
Thank you.
[1:01:47]
Thanks to you Appreciate it.
[1:01:50]
Was there anyone
else that had public
[1:01:52]
comment during this time ?
[1:01:56]
OK.
[1:01:56]
So I will now close this
portion of the public comment.
[1:02:03]
And now move on again to
deliberation and/or excuse me,
[1:02:08]
two questions.
[1:02:10]
Staff Would you like to
address anything that came up
[1:02:13]
during the public comment, such
as the the squiggly trails that
[1:02:17]
was brought up and
any other concerns
[1:02:21]
Yeah, I have to correct myself.
[1:02:23]
Again, I apologize.
[1:02:24]
It is shown on the most
recent submittal of the city's
[1:02:28]
This squiggly line as well as
and those, as you mentioned,
[1:02:34]
were so are required
to the FDC says when
[1:02:38]
you have a 30 foot
track like this that it
[1:02:42]
should have the trail in it.
[1:02:44]
And the reason it
wasn't done previously.
[1:02:47]
Again was because of the
oil and gas at the time
[1:02:51]
it was currently there.
[1:02:53]
Yeah In the comments
from staff with regards
[1:02:57]
to public testimony.
[1:02:58]
No.
[1:02:59]
Does the applicant have any
responses to public testimony?
[1:03:02]
We just heard So for delivery,
are there any other questions
[1:03:11]
that come up with this next?
[1:03:14]
Yes, Commissioner, you.
[1:03:16]
So the squiggly line
obviously brings it closer
[1:03:21]
to the homes on either side.
[1:03:22]
Can it be a straight line
that just goes up the middle
[1:03:25]
and maximizes the distance from
the homes I can answer that one.
[1:03:31]
So yes, I prefer to
be a straight line,
[1:03:33]
but what it is, is we're
trying to meet ADA requirement
[1:03:36]
It's so what it is is that's the
maximum grade that we can have.
[1:03:39]
That is a steep slope.
[1:03:40]
Those are walk out
homes along there.
[1:03:42]
So the steep slope, we have
to get enough run on it just
[1:03:45]
like a mountain
pass or switchbacks
[1:03:47]
That's what we're doing on that.
[1:03:48]
So we try to make
it the shortest
[1:03:51]
length we could possibly be.
[1:03:52]
And still meet ADA
requirements on it.
[1:03:55]
Gotcha.
[1:03:55]
OK Thank you It's from the
commissioners All right.
[1:04:06]
So there'd be no further
testimony or questions.
[1:04:09]
The public hearing
is now closed.
[1:04:11]
The time is 703.
[1:04:15]
And so at this
time the commission
[1:04:16]
will deliberate what we've heard
and for any comments or feedback
[1:04:22]
on this proposal So over here
any comments and deliberations
[1:04:27]
So initially, Mr. Young any
comments and deliberation of I
[1:04:38]
would have a question
for the attorney
[1:04:42]
As far as the premium that is
not the Commission's concern,
[1:04:47]
is that correct?
[1:04:49]
No nor are any
statements or promises
[1:04:52]
that were made by Third parties
to purchasers of lots outside.
[1:04:57]
And that's because it's
outside our purview is it?
[1:05:03]
because it's irrelevant to
the code criteria Right.
[1:05:06]
Okay.
[1:05:06]
I just want to make sure folks
understand that Thank you for i
[1:05:23]
don't have any
further comments, bye.
[1:05:25]
Do appreciate what the planners
have done as far as I'm really
[1:05:29]
glad to see the
extent we pursue the,
[1:05:33]
you know, the abandoned
bit of oil pipelines
[1:05:36]
and buried, things like that, We
had that bad accident down by us
[1:05:40]
And so I appreciate the new
rules and the things that would
[1:05:44]
help us We're always
going to be stuck
[1:05:48]
with developments that
are tight because we're
[1:05:51]
running out of water.
[1:05:52]
You you know, sewer
and everything else.
[1:05:54]
And water So keep doing the best
job you can Guys appreciate it
[1:06:04]
It will say it's it's certainly
kind of a balancing between you
[1:06:09]
know, being able to allow
the developers to develop
[1:06:12]
and making some accommodations
with lowering the site lowering
[1:06:16]
the grade, trying
to get that down
[1:06:17]
a little bit to try
to minimize the impact
[1:06:23]
although not fully right.
[1:06:25]
With regards to the
views, especially
[1:06:29]
for others be for staff
or maybe for you, Keith.
[1:06:32]
But if we were to
as a commission
[1:06:36]
say we'd like to make
a recommendation.
[1:06:39]
And that that trail is moved.
[1:06:40]
And then require whatever
is needed for that,
[1:06:42]
is that something that
we're able to do as part
[1:06:44]
of a recommendation
to the board as far
[1:06:47]
as like amending everything?
[1:06:48]
OK.
[1:06:49]
Of course I mean, again, it's
going to require consensus
[1:06:54]
So a majority vote.
[1:06:56]
But is that is that mean.
[1:06:58]
Like a motion to
amend the proposal
[1:07:01]
or kind of what is that
would that process is there.
[1:07:03]
I mean, we could Yeah I mean,
what if it what it would look
[1:07:06]
like.
[1:07:06]
I think is you know
it if I'm reading
[1:07:10]
the tea leaves correctly.
[1:07:11]
And I hope I am you
know what I would
[1:07:13]
suggest is that there
first be a main motion
[1:07:17]
to approve the resolution.
[1:07:19]
And then there's a
secondary motion to amend.
[1:07:23]
So a motion to
amend the resolution
[1:07:25]
to include the following
condition of approval
[1:07:30]
And then you can
vote on that And then
[1:07:34]
depending on how that
goes, then you can vote
[1:07:36]
on the resolution as amended.
[1:07:40]
Does that make sense?
[1:07:40]
It does.
[1:07:41]
And upon the upon
the motion, then we
[1:07:44]
could have a discussion
about the motion
[1:07:46]
before we actually
vote on the motion.
[1:07:47]
Correct?
[1:07:48]
OK Yeah Motion, I think.
[1:07:53]
How how I would word that I
guess we could deliberate it.
[1:07:56]
Like as far as I don't know
what the requirement would,
[1:07:59]
I was what I'm
trying to require.
[1:08:00]
And that's or ask for it.
[1:08:02]
But well, what i
would say is I mean,
[1:08:04]
I would recommend that you
say, do you have a motion
[1:08:07]
to approve resolution 26?
[1:08:10]
Oh, Do seconded Okay.
[1:08:13]
Do I have do I have
a motion to amend
[1:08:16]
or you know, but some
would like to make a motion
[1:08:18]
to amend resolution PCO2.
[1:08:22]
And I can try to
help with whatever
[1:08:25]
that amendment looks like.
[1:08:26]
OK.
[1:08:27]
So once we discuss the
motion to discuss that Okay,
[1:08:29]
exactly right Sounds good.
[1:08:33]
All right.
[1:08:34]
Any other thumbs
for deliberation
[1:08:35]
before I very close all right.
[1:08:38]
So at this time, I will
enter into the record
[1:08:40]
the staff member on attachments
in the agenda packet.
[1:08:43]
As we stated before.
[1:08:45]
Okay I have a motion
on p c resolution 2602.
[1:08:53]
I request that we approve.
[1:08:55]
I move that we approve
resolu ocean PC 20 6-02
[1:08:59]
and seconded by Commissioner
Sutton Roll call,
[1:09:04]
please don't do it.
[1:09:07]
So don't do so.
[1:09:08]
If OK so if you want to if
you want to potentially debate
[1:09:12]
the addition of any
condition to the resolution,
[1:09:15]
then now's your time.
[1:09:17]
And then if that debate flows
into someone making a motion
[1:09:22]
when she formulated with
that additional language
[1:09:24]
is going to be that's when
you would make the move Okay.
[1:09:25]
When you said approved, the
first one, that's why I was I
[1:09:28]
thought we were going
to have we got this.
[1:09:29]
OK.
[1:09:30]
We got to get that.
[1:09:31]
You're okay So I had.
[1:09:34]
So the first was from
Commissioner lee and then second
[1:09:37]
from commissioners I'm correct
at this time would like
[1:09:42]
to motion for is a an
amendment to resolution pC
[1:09:48]
or an amendment to
p C resolution 2602,
[1:09:53]
which would allow for the
extension of the buffer
[1:09:58]
between sidewalk
and residents homes
[1:10:04]
to have a a second
for that motion.
[1:10:07]
Also seconded by Commissioner
Young So for discussion
[1:10:13]
wise I mean, I think we've heard
pretty clearly that there are
[1:10:16]
concerns with regards to the
trail being put in itself
[1:10:19]
We've heard from the
residents We've also
[1:10:23]
heard from the
applicant that there
[1:10:25]
are going to be a potentially
significant cost to do that.
[1:10:30]
And some concerns about existing
existing look and style right.
[1:10:35]
With the surrounding community.
[1:10:37]
But we've also heard that there
are other portions where that is
[1:10:40]
already in place So I
think as a commission,
[1:10:43]
we could balance some of
these concerns the best we can
[1:10:46]
We can't do much about
the homes themselves,
[1:10:48]
but trying to create additional
buffer to help maintain
[1:10:53]
and preserve the intent of
when these individuals purchase
[1:10:56]
their homes.
[1:10:57]
So are there any
questions or comments.
[1:11:00]
And commissioners
has about that?
[1:11:02]
No, I'm well, I
guess I'm wondering
[1:11:05]
do we have to be specific as to
how much buffer in the amendment
[1:11:12]
I think that would help a lot.
[1:11:14]
I mean, I understand that.
[1:11:16]
I understand where
you're going, but i mean,
[1:11:20]
I think to give not only
staff, but also the applicant,
[1:11:23]
the right the ability to
try and formulate what
[1:11:26]
that looks like as
I just didn't know
[1:11:27]
what it would be ahead of time.
[1:11:29]
So if you're able
to assist with what
[1:11:32]
that buffer could be
because I'm not right.
[1:11:34]
Yeah.
[1:11:35]
Thank you.
[1:11:35]
I can.
[1:11:36]
So let's see how it goes.
[1:11:37]
And we'll get it.
[1:11:38]
And can move will
develop it organically.
[1:11:40]
And then we'll, we'll
sort out the current.
[1:11:43]
But for now is i don't recall
if I made a note in the sidewalk
[1:11:50]
and the home I believe it was
ten feet behind is that correct
[1:12:01]
All I remember is
20ft from my back door
[1:12:03]
and it's that's
why I'm remembering
[1:12:06]
the 26ft from the back door.
[1:12:08]
That's correct Correct.
[1:12:09]
Where where you're
looking at, there's
[1:12:11]
a 25 foot sanitary easement
along the back of the houses
[1:12:14]
along Cove Street And the
trail meanders It's mostly
[1:12:18]
within that 25 foot easement.
[1:12:20]
But right up against it.
[1:12:21]
So I would say that
trail is is 15 to 20ft
[1:12:26]
from the rear lot line of those
houses along not coastal Right.
[1:12:30]
I'm sorry.
[1:12:31]
Or is that cove in Pam?
[1:12:32]
Is there is there a different
is there a different map
[1:12:35]
or maybe more like
a top view that we
[1:12:36]
could see for that Yeah, sure.
[1:12:38]
We can pull up the
you know, something?
[1:12:40]
Just a a page hope that
one of the presentations.
[1:12:43]
What's this?
[1:12:44]
I guess it would be
helpful to know what's
[1:12:46]
the smallest buffer in
the can The narrowest
[1:12:52]
land in the narrowest part.
[1:12:53]
Yeah And maybe require
that it be a minimum
[1:12:58]
throughout 60 meters Yeah.
[1:13:26]
Yeah So you know between
pull that now so we
[1:13:47]
don't have the ability
to get that on the screen
[1:13:53]
so we don't know what we're
still deliberating right.
[1:14:06]
Yeah.
[1:14:07]
It looks like you without
considering the squiggly trail
[1:14:10]
between the homes because
that can't really be
[1:14:12]
moved the closest
the edge of trail
[1:14:15]
is to a rear lot about 10.5ft.
[1:14:18]
Okay.
[1:14:18]
10.5ft.
[1:14:19]
OK.
[1:14:20]
And it ranges up to about
20ft to some of those houses
[1:14:24]
along Cove Street
where it's right
[1:14:25]
up against the edge of that.
[1:14:26]
So So we could do in amendment
of a minimum of 15 or 17.
[1:14:32]
Yeah And once we can we
get the image back up,
[1:14:35]
please Because in that
image there is the one,
[1:14:43]
there was like a home where
it was basically like right
[1:14:45]
on the lot line look like.
[1:14:47]
I don't know if that's the ten
feet that you're mentioning
[1:14:50]
that once it pulls
back up on that
[1:14:53]
was different than the homes
that we talked about tonight.
[1:14:55]
But i think we're going to think
we're working on pulling up
[1:15:00]
a document to present to
the commission that has
[1:15:02]
actually accurate measurements.
[1:15:03]
OK.
[1:15:04]
Thank you.
[1:15:05]
You're welcome.
[1:15:05]
While we wait for that
does anyone else have
[1:15:07]
some any comments they want
to make as we're deliberating
[1:15:10]
with the only other comment I'll
make is, is this just a reminder
[1:15:14]
to everyone that it was
mentioned that it was originally
[1:15:17]
platted for 58 units and
that it is now currently 11
[1:15:22]
and that is somewhat some
relief to the adjoining
[1:15:28]
to the existing homes.
[1:15:30]
Appreciate it.
[1:15:31]
Wasn't platted for 58
units that they have
[1:15:34]
58 units available
in filing five
[1:15:37]
that they could have
potential built.
[1:15:39]
But they never proposed
58 units on that property.
[1:15:42]
No.
[1:15:43]
Right.
[1:15:43]
But that's but they could
have Yeah You know, 70
[1:15:51]
any comments on the the trails
or what we're debating currently
[1:15:57]
Do you agree with the proposal
or we or you think it's asking
[1:16:00]
too much more than ten
on your turn on your mic
[1:16:04]
and you could speak into it.
[1:16:05]
Well, we got to get you recorded
and I don't know if that's
[1:16:12]
above our pay grade, but
I kind of feel for them
[1:16:14]
if I paid this lot premium.
[1:16:16]
I know that's kind
of not part of it,
[1:16:17]
but now I've got this trail
right up against my property
[1:16:21]
and I've got people
walking by all the time.
[1:16:23]
I mean I feel a little cheated.
[1:16:28]
We well, premium or not, I think
privacy that there can be I
[1:16:37]
think I think they've
made it clear that it
[1:16:39]
can be that this was the
plan without any additional
[1:16:44]
modification.
[1:16:45]
Yeah.
[1:16:46]
So this may conflict things.
[1:16:48]
But I think in the
long run for residents.
[1:16:51]
I agree that it's
the right thing.
[1:16:56]
And we're the code says
wherever possible It
[1:17:00]
doesn't say in the easiest way
possible or the least expensive
[1:17:05]
or.
[1:17:05]
That's a good
point So I do think
[1:17:08]
that almost all of the new
subdivisions have panels
[1:17:14]
and they are all I know
you have a minimum.
[1:17:17]
I know ours has a
setback of here.
[1:17:21]
Probably only about 15ft.
[1:17:24]
And so now everybody knew
that that was going in there
[1:17:28]
and maybe that's the difference
is you know, because that's
[1:17:33]
a really difficult
thing to say when you
[1:17:39]
if somebody is telling you that
it's not going in there, then.
[1:17:43]
But that is, again you know,
it was on the final plat
[1:17:46]
and that's kind of we had that
same problem where they were
[1:17:51]
like, some of that information's
not really easy to find
[1:17:54]
when you're purchasing true.
[1:17:58]
Well, I find disclosures to
be I come from North Carolina,
[1:18:03]
where disclosures have
to be so thorough Yeah.
[1:18:05]
And they're better
here than other places.
[1:18:08]
But not as good as
they could be Yeah, I
[1:18:12]
think we're having some
technical difficulties, bye.
[1:18:14]
Think Pam Howard can
make is looking at plans
[1:18:18]
and has done measurements
and can make and represent
[1:18:20]
tatian right now
about Oak about that
[1:18:24]
to help you or at least
inform your decision on what
[1:18:29]
an adequate buffer would be.
[1:18:30]
Okay.
[1:18:31]
Thank you.
[1:18:31]
Yeah.
[1:18:32]
So again, ignoring the squiggly
trail between the lots because
[1:18:35]
of the aDA issue, the cul
de sac homes at the end of
[1:18:39]
and I was that, can
we see it on the map?
[1:18:43]
Yeah so Yeah so we have
the point to the can
[1:18:50]
we see the other picture that
we've been looking at them.
[1:18:53]
I mean, this is probably
it's a more thorough guide
[1:18:58]
to better accurate.
[1:18:59]
So ignoring the
squiggly right here.
[1:19:01]
These two kind of corner points
of these two cul de sac lots.
[1:19:06]
This one here is
right around 10.5ft.
[1:19:09]
This one is right around 11ft.
[1:19:11]
OK.
[1:19:11]
And then when you get over here
this trail largely runs along
[1:19:17]
the inside side line of a
sanitary sewer easement,
[1:19:20]
which is 25ft deep.
[1:19:22]
So where the trail directly
abuts the edge of that easement,
[1:19:25]
it would be 20ft from these
rear yards here where it curves.
[1:19:28]
It does get a little
closer but probably about
[1:19:30]
I didn't take that
measurement for probably
[1:19:32]
no closer than 15ft.
[1:19:34]
So those were your yards.
[1:19:36]
So where is that?
[1:19:37]
Can to make it more complicated?
[1:19:40]
Where is it less than 22?
[1:19:45]
Everywhere or
possibly right here.
[1:19:47]
OK Not behind.
[1:19:49]
I mean, these are
the new homes that
[1:19:51]
are being constructed Right.
[1:19:53]
And that would their buffer be
like one in the top to left home
[1:20:01]
right there?
[1:20:01]
That kind of has the I forget
my shapes but so we're kind
[1:20:06]
of curves looks like it
comes probably within about
[1:20:08]
that 10 to 15ft or so as well.
[1:20:12]
You say Yeah.
[1:20:16]
The closest new
home to the proposed
[1:20:18]
trail would be about 12ft
to the lot, to the lot Yeah.
[1:20:23]
So again, all of these
measurements are due to the lot
[1:20:25]
with a lot line up to the
edge of someone's right
[1:20:27]
to the back,
someone's back door.
[1:20:29]
I understand that.
[1:20:30]
Sure.
[1:20:30]
And on the plans But these homes
take up a significant footprint
[1:20:36]
of their lots, is that correct?
[1:20:38]
We don't know Yeah.
[1:20:40]
I mean, we can
look at an area map
[1:20:43]
to see no one's built all they
all have rear setback line.
[1:20:47]
So right you know they all
are at least 10 to 15ft away.
[1:20:52]
And then with that, Pam,
I know that the concern
[1:20:55]
has been brought up with
the homes down here.
[1:20:57]
On the bottom is, is what we've
heard today and up at the top,
[1:21:01]
well, there's some
of the top on there.
[1:21:03]
So with that, the
sewer utility easement,
[1:21:07]
does that then
impact being able to
[1:21:10]
would they have to go
beyond four the beyond that
[1:21:12]
to be able to then
build a trail?
[1:21:13]
Or are they able to
build on top of that?
[1:21:15]
How how does that work?
[1:21:16]
So the sewer company St Brain
is a referral agency, so they
[1:21:21]
would be commenting on that.
[1:21:24]
They can respond to any
conversation you know,
[1:21:27]
the applicant has had
with them potential Lee
[1:21:29]
But if the sewer entity says
you can't build it in here,
[1:21:32]
then they won't be
able to build it.
[1:21:33]
Usually they'll allow
it as long as it's not
[1:21:36]
directly over the line itself.
[1:21:38]
And just with the knowledge
that if the sewer district
[1:21:41]
has to come out and tear up
the trail for whatever reason
[1:21:44]
that the Metro
District's usually
[1:21:45]
going to be responsible for, for
repairs, not the sewer district.
[1:21:48]
So if we were to say let's
say minimum setback 20ft from
[1:21:52]
the lot line from the
edge of the trail,
[1:21:57]
do you see that creating
any is creating any issues
[1:22:01]
that you can foresee right now?
[1:22:03]
I mean, other than the drainage
implications that were discussed
[1:22:06]
and potential
retaining wall, I mean,
[1:22:08]
this would be as a discussion
with the engineering department
[1:22:11]
as to whether they'd even permit
it within that drainage area.
[1:22:15]
That's not up to us.
[1:22:17]
So it'd be if we in.
[1:22:18]
And of course, everyone
else can chime in on that.
[1:22:21]
But if that's what we
made the recommendation
[1:22:24]
for in our resolution
then at that point
[1:22:28]
before it comes before the
board, all that would be
[1:22:31]
discussed and and we
would tell the board yeah,
[1:22:35]
this isn't going to work the
way that it was proposed because
[1:22:37]
of engineering saying
this, this or the other
[1:22:39]
or here's an alternative
is that that's
[1:22:42]
what happened before the
board meeting, Correct.
[1:22:43]
Okay.
[1:22:45]
Committee members, any thoughts
as far as minimum setbacks
[1:22:48]
that you want to
propose 20 less or what?
[1:22:53]
I would think you need
to have a range because
[1:22:56]
of physical restraints
and what kind of burden
[1:23:00]
are we putting on a developer
besides the homeowner?
[1:23:04]
You know, so I think if we
went to like a 15 to 20,
[1:23:07]
but rigid 20 might be
more difficult. Okay
[1:23:13]
And I think 20 minimum,
I agree 20 minimum
[1:23:20]
with the commission 15
to 20, you're like a 20
[1:23:22]
minimum number one number.
[1:23:26]
Okay Know, that's okay.
[1:23:31]
OK So I think so.
[1:23:34]
Sounds like we have our number
of 20 and understanding.
[1:23:39]
Commissioner haney's proposal of
the kind of in between numbers
[1:23:42]
there, which it may end up being
changed anyways because maybe it
[1:23:45]
doesn't work after they've
done their engineering to So
[1:23:50]
with that does that
for staff purposes,
[1:23:52]
is it better to have one
single number or range which,
[1:23:55]
which would be more?
[1:23:56]
I mean, I think a
minimum is fine, right?
[1:23:59]
I mean, there's not
going to necessarily
[1:24:00]
be a maximum proposed.
[1:24:01]
So Right.
[1:24:03]
You know, and as you
said, either way, this
[1:24:05]
is to the extent that it will
be permitted by engineering
[1:24:10]
it is it's feasible to do so In
the end, the board of trustees
[1:24:14]
is the approving body.
[1:24:15]
They can approve it or deny it
regardless of what the Planning
[1:24:19]
Commission's vote
is and regardless
[1:24:22]
of any recommendations
made That's not
[1:24:24]
to say they won't take
it into consideration
[1:24:26]
and hopefully they will.
[1:24:28]
Typically they do But you
know our engineer department
[1:24:32]
will look into that more.
[1:24:33]
Hopefully be able
to have a response,
[1:24:34]
a formal response
from them prior
[1:24:36]
to going to the board meeting
Absolutely necessary Question
[1:24:40]
but this that discussion.
[1:24:41]
All falls into the
wherever possible range
[1:24:45]
right So if this ends
up not being possible,
[1:24:48]
then we lose the trail But
the development continues.
[1:24:51]
Is that correct No, The trail
would still be required.
[1:24:57]
You're asking that it be
moved if it's possible, right.
[1:25:00]
If the engineering department
says the trail can't be moved,
[1:25:02]
that doesn't remove the FTC.
[1:25:04]
Require it for them to have
the trail The trail would still
[1:25:08]
be where it was proposed.
without the minimum
[1:25:13]
without that setback
because that's
[1:25:16]
your recommending
approval to the board
[1:25:19]
and your can your
recommendation and can
[1:25:21]
say that we only recommend
approval if the trail is moved.
[1:25:26]
But that doesn't mean
the board has to follow
[1:25:29]
that recommendation Right.
[1:25:31]
They say if we remove
the trail entirely
[1:25:34]
it would not meet our criteria
of our development code
[1:25:37]
and wouldn't be
approvable at all
[1:25:41]
if if the criteria of
your development code
[1:25:45]
is wherever possible then
how does it not meet that?
[1:25:49]
If it can't, if it can't be
done there is no there's no
[1:25:53]
development code
criteria that says
[1:25:54]
it has to be 20ft from the home,
right from the property line.
[1:25:58]
That's a criteria that you
guys would like to set.
[1:26:02]
It is possible to put a trail
there as it's shown now.
[1:26:06]
Okay All right.
[1:26:08]
I just want to set
expectations as we move forward
[1:26:12]
with this Well, it sounds
like we have our proposal then
[1:26:16]
to propose a minimum 20 foot
setback from the lot lines
[1:26:22]
to the edge of the
beginning of, I guess,
[1:26:26]
the beginning edge of the trail.
[1:26:29]
So with that I would entertain
a motion to amend Right.
[1:26:38]
Keith, help me out.
[1:26:38]
So to amend PC resolution
2602 recommending approval
[1:26:44]
to the Board of Trustees
with the condition
[1:26:46]
that a 20 foot minimum
setback could be applied
[1:26:50]
between the property lines
and the edge of the beginning
[1:26:57]
edge of the trail.
[1:26:58]
So jumping with the
exception of struggling
[1:27:02]
with the exception
of the squiggly I it
[1:27:03]
make it for for lots about.
[1:27:06]
And then cordon cove street
or is that just i would say,
[1:27:12]
do you want to include that
to be built lots or not.
[1:27:15]
I think that could be built
lots should be included.
[1:27:17]
Correct.
[1:27:17]
That just makes it easy.
[1:27:19]
All the way across.
[1:27:20]
And because some might already
be close to that anyway.
[1:27:22]
So that i do have a motion
to approve that amendment.
[1:27:28]
So so first, by our second
Commissioner Hoskins
[1:27:34]
and second by Commissioner.
[1:27:35]
OK.
[1:27:36]
So for this one, we need a
roll call on the amendment
[1:27:40]
So we'll have a roll
call on the amendment.
[1:27:42]
Please move Vice
Chair Haney i'm sorry,
[1:27:55]
Commissioner Haney approved
Yes, Commissioner lee approved.
[1:28:03]
Commissioner Sutton approved.
[1:28:06]
Commissioner Young approved
Commissioner Hoskins Approve.
[1:28:12]
OK Motion carries Now, if I
could have a motion on p c
[1:28:19]
motion to approve
on PC resolution 20
[1:28:20]
6-02 as amended, I i so move for
approval of the I'll second 26.
[1:28:29]
So to 20 602 So we have a
first from Commissioner Haney
[1:28:34]
and a second from Commissioner
Young real copies commission
[1:28:43]
early approve commissioner
Sutton approved.
[1:28:48]
Commissioner Hoskins approve.
[1:28:50]
Vice Chair Haney approved.
[1:28:53]
Commissioner young
approve Thank you.
[1:28:57]
The motion carries.
[1:29:00]
All right we are on to item.
[1:29:05]
That was it for
the public hearing.
[1:29:06]
Gresham So I make sure I wasn't
forgetting a step on there.
[1:29:10]
Staff reports.
[1:29:12]
Item on our agenda, any staff
reports None at this time.
[1:29:17]
Thank you And thank you, staff,
for all your attentiveness
[1:29:20]
this evening on the
discussion there.
[1:29:22]
So appreciate Appreciate that.
[1:29:24]
Commissioner, your
comments Next item,
[1:29:26]
start on the side commission.
[1:29:27]
Any comments?
[1:29:28]
No no I don't have any.
[1:29:34]
I, I just would like
to have us meet more
[1:29:37]
often than every five months.
[1:29:40]
You guys.
[1:29:41]
So shape it up here again.
[1:29:45]
More people needing land
development right here.
[1:29:48]
Something we're going to need
again the make the adjustments.
[1:29:52]
Any comments on it Okay.
[1:29:55]
All right.
[1:29:57]
I just have one quick comment.
[1:29:59]
I know I have been
out for a little bit
[1:30:01]
just with various trainings and
other things that are going on.
[1:30:04]
But I think as we move forward.
[1:30:07]
And we've talked about
that, there's currently
[1:30:09]
being some work done on
the i guess, the purview
[1:30:12]
of the Commission
gratefully, I'm
[1:30:14]
like looking at the ordinance of
how the Pansy Commission works
[1:30:17]
and things that there's some
that's still in the works
[1:30:19]
currently Not really.
[1:30:24]
I mean, not really Yeah.
[1:30:27]
We've talked about
bringing amendments
[1:30:28]
to the development code in.
[1:30:30]
Once the comprehensive
plan is completed probably
[1:30:33]
be late this year or
early next year that we
[1:30:35]
may be bringing amendments.
[1:30:36]
The development
code at this time,
[1:30:38]
we haven't been
looking at changing
[1:30:40]
any of the like petition
types that come to the board
[1:30:44]
for approval, if
that's what you mean.
[1:30:47]
I know that was done with
Newt with the development code
[1:30:50]
when it was written in 2020.
[1:30:51]
Well, that was changed.
[1:30:53]
So there hasn't really
been any looking
[1:30:54]
at changing that further.
[1:30:56]
Okay.
[1:30:57]
Yeah.
[1:30:57]
And it was from what I was
kind of looking at is just
[1:31:01]
the overall scope
and responsibilities
[1:31:03]
of the planning,
zoning Commission
[1:31:05]
And I know if we look at our
current ordinance I mean,
[1:31:09]
some of it dates
back to the 80, some,
[1:31:11]
you know, most
recently on there,
[1:31:12]
which falls you know, well,
in line with Sierra is 31, 23.
[1:31:18]
And that section that
talks about planning
[1:31:22]
zoning commissions.
[1:31:23]
And so as commissioners, I think
it would be important for all
[1:31:26]
of us to read through that.
[1:31:27]
As far as what yours talks
about in terms of our response
[1:31:30]
abilities, what we
do a big part of that
[1:31:32]
is the matters like
procedure for like.
[1:31:34]
No, you're saying
that or like what?
[1:31:37]
Like the actual ordinance that
governs the composition Yeah.
[1:31:40]
So what I would what I would
say is I think that's absolutely
[1:31:46]
an important topic
of conversation
[1:31:49]
and that would probably
be more appropriate when
[1:31:51]
you have a full board
of trustees, correct?
[1:31:55]
Yeah I, we, we're, we're
bringing now I just
[1:31:57]
want to bring it out into the
open because i know basically
[1:32:03]
the way our current ordinance
reads in terms of what
[1:32:04]
our responsibilities
are, you know,
[1:32:06]
deal with making
recommendation on the master
[1:32:09]
plan, which which we're
doing and other such things.
[1:32:12]
So I think having very well
defined like what our roles
[1:32:16]
and responsibilities are.
[1:32:17]
And in that process,
maybe adjusting
[1:32:19]
what the current ordinances
talk about as far as what we can
[1:32:23]
and should be doing
as a commission
[1:32:25]
with following along with Chris
as well, it would be important.
[1:32:28]
So I just want to bring that
something that as future wise,
[1:32:30]
we can start talking
about that maybe
[1:32:32]
Yeah i mean, that's certainly
something that you as a body.
[1:32:36]
That's a topic that you can
broach with the governing
[1:32:39]
body My recommendation
is that that be done when
[1:32:44]
you have a full governing body.
[1:32:47]
And that's going
to be in November.
[1:32:49]
So you know, sometime
after that would
[1:32:53]
be the most appropriate time.
[1:32:54]
Yeah, absolutely.
[1:32:55]
And then any other meetings,
if we have like on these,
[1:32:58]
if you want to
bring anything to us
[1:32:59]
and we can talk about some
things as a separate item.
[1:33:02]
So.
[1:33:02]
All right.
[1:33:04]
So with that so I have a motion
to adjourn to session persons.
[1:33:10]
And second, by constraining
in favor say I, I opposed.
[1:33:15]
All right.
[1:33:15]
We are adjourned
for this meeting
[1:33:18]
Do we need like ten minute
break before we go into the