Aurora Planning Commission

City of Aurora Council Chambers

21420 Main Street NE

October 7, 2003

Commissioners Present: Richard Harrison, Bob Lebens, Heidi Torian, and Jason Sahlin

Commissioners Absent: William Frazer and Sean Moen

Staff Present: Sheri Hall, City Recorder, City Attorney/Planner John Rankin, and City Engineer Ed Sigurdson

Others Present: Mayor Jonathan Gibson, Lee Leighton, Joy Van Lieu, Georgi Cam, John Schmitz, Fred & Teresa Netter, Public Works Superintendent Wayne Schultz, Nick Kaiser, Brian Van Lieu, Ken Van Lieu, John Gervais, Robert Christie, David Young, Hal Beyer and Ben Fike

Call to Order

Chairperson Heidi Torian called the regularly scheduled meeting of the Aurora Planning Commission to order at 7:15 p.m.

Chairperson Torian informed the Commission and audience of the great loss to the City with the passing of Councilor Patricia Heid. Chair Torian then opened the floor to any one who wished to express their respect to Mrs. Heid. Chair Torian expressed her admiration for all that Patricia had done for the City. City Attorney John Rankin shared his appreciation for all the hours Patricia put into the Wastewater Treatment Project as did Mayor Gibson. Commissioner Harrison indicated that there is a memorial rock in the park and that Patricia’s name should be placed on the rock.

Consent Agenda

Commissioner Harrison moved to accept the consent agenda as presented. The motion was seconded by Commissioner Sahlin. At the vote, all were in favor and the motion passed.

Public Hearing – Site Design Review – Old Hotel Property

As declared at the September Commission meeting, the Old Hotel Property Site Design Review Public Hearing was continued. This continuation was recognized by Chair Torian. City Planner John Rankin informed the Commission that the archeologist is waiting for the archeological permit to be issued by SHPO before the planned excavations can proceed. Mr. Rankin is hopeful that additional information can be available for the November Commission Meeting.

Hearing no further discussion, Commissioner Harrison made a motion to continue the hearing to the regular November Planning Commission meeting. The motion was seconded by Commissioner Sahlin. At the vote, all were in favor and the motion passed.

Annexation – Van Lieu/Cam Application

Chair Torian informed the Commission and audience of the procedures that will be followed to conduct this annexation public hearing. Chair Torian then declared the public hearing open at 7:22 pm.

Staff Report

City Planner John Rankin directed the Commission to Aurora Municipal Code (AMC) 7.145 and proceeded to review and discuss the staff report dated September 29, 2003, which is incorporated herein in its entirety, with the Commission and audience. Mr. Rankin specifically spoke to Item #2 on page 11 of 16 in the staff report which discusses the exception process for approval of a proposed annexation that does not satisfy the standard annexation requirements of AMC 7.145.040(B).

Mr. Rankin assured the Commission that all required publications and notifications have been completed including notice to DLCD. Mr. Rankin also entered into the record Land Use Referrals from City Public Works, City Administration and the Aurora Rural Fire District. These agencies either have no objection to the annexation application as submitted or their comments related to future subdivision application process.

Chair Torian asked questions with regard to additional population and impacts on the existing infrastructure. City Engineer Ed Sigurdson answered that the water system is inadequate in certain areas of the City, but the current treatment system is adequate for a population of approximately 1500. Mr. Rankin indicated that the Comprehensive Plan population projections are based on 3 persons per household. Lee Leighton of Westlake Consultants introduced a document, which is incorporated herein, that addresses the additional potential population for a total projected population of 1000. With the proposed new reservoir and water line, staff is confident that the City can amply supply required services to the current population and this proposed future development.

Commissioner Sahlin asked to what percentage the City’s infill was at? Mr. Rankin answered that he believed the current infill percentage was approximately 30%, but would have to confirm that number.

Chair Torian asked the Commission for declarations of any ex parte contact or conflicts of interest. Commissioner Harrison and Commissioner Sahlin declared ex parte contact with Mr. Fred Netter with regard to potential storm water drainage issues this application might create on his property. City Attorney Rankin asked the audience if, by means of this ex parte contact, they would have any objection or concern with Commissioner Harrison and Commissioner Sahlin staying seated on this matter. No objections or concerns or conflicts were declared. Therefore, Commissioner Harrison and Commissioner Sahlin remained seated and participated in the meeting.

Applicants Testimony

Representing the applicant, Mr. Lee Leighton of Westlake Consultants, Inc. spoke in favor of the application. He stated that compelling reasons for approval included development of a water reservoir and new 10” line down Liberty Street. Mr. Leighton explained the benefits of this application with regards to superceding the City’s infill development requirements prior to approval of annexations.

Georgi Cam of G. Cam Ltd spoke in favor of the application and indicated that he would be the developer should this property be annexed and a future subdivision be approved. He informed the Commission that he intended to build approximately 10 houses per year with one of them being his own.

Proponent Testimony

Brain Van Lieu spoke in favor of the annexation. Mr. Van Lieu discussed his parent’s contributions to the City of Aurora.

Ken Van Lieu spoke in favor of the annexation. Mr. Van Lieu informed the Commission that his parents, the owners of the proposed property, are planning to live in this project and that the Van Lieu’s desire to make this a top notch development.

Bob Christie spoke in favor of the application reiterating that much care and concern has been put into the development and that he believes this project will benefit the City.

Opponents

Chair Torian asked for testimony from opponent. No one spoke.

All Other Testimony

Chair Torian asked for testimony from neutral parties.

David Young stated concerns regarding the sewer system and its ability to service this application. Mr. Young shared his current and on going problem with the treatment system and the back up of “gases” in his home. City Engineer Sigurdson made an appointment with Mr. Young to investigate this.

Fred Netter spoke to his and Mrs. Netter’s concern regarding the increased obstacles they face with regard to farming and making their living. Mrs. Netter showed the audience and the Commission pictures which depicted non-historic standing water. This flooding occurred last spring. The Netter’s believe this water is the direct effect of the Orchard View development’s inadequate storm water management plan. Mr. Netter commended Mr. Cam and the Van Lieu’s for addressing the need for proper water supply. Mr. Netter asked the Commission since the City obviously understands the water system needs, why don’t they recognize the need for proper storm drainage? Mr. Netter believes that the City of Aurora needs a Storm Water Master Plan. Mr. Netter suggested the City designate the Storm Water System Development Charges now being collected from current projects go to develop the Master Plan. Mr. Netter indicated that he is willing to work with the City to remedy the storm drainage issues, but he is concerned that because the drainage issue has not been adequately dealt with regarding Orchard View and that further development will not be addressed adequately either.

Hal Beyer spoke to back up Fred Netter’s testimony. He feels, like the Netter’s, that so far the City has not provided adequate answers to the drainage issues in this quadrant of the City.

Scott Mills spoke to his concern that all the recent developments are residential and that there is no development of commercial or industrial. He is concerned that if more commercial or industrial development does not occur, the City will not be able to maintain its present standard of livability. Mr. Rankin addressed Mr. Mills’ concerns by indicating that market studies show that substantial housing has to be present to attract the kind of commercial development he and the City would like to see in the future. With each new residential development, the City’s ability to attract further commercial development is increased.

Ben Fike asked for clarification of who will pay for infrastructure improvements should this application be approved. Mr. Cam and Mr. Rankin indicated that the improvement costs will be paid for by the developer.

Applicant Rebuttal

Chair Torian asked for rebuttal from the applicant.

Mr. Leighton addressed issues raised during the testimony. Mr. Leighton believes that the new development would not exacerbate any down stream problems with the present sewer system. Mr. Leighton assured the Commission that the applicant has no issue or disagreement with the Netter’s and their concerns. Mr. Leighton and his clients are optimistic that the drainage issues can be resolved amicably for all. Mr. Leighton indicated that this property is not conducive to commercial development and should only be considered for the requested R-1 zoning.

Mr. Cam testified that his intention is to work to create a viable solution to the storm water drainage issue and any other issues that may develop.

Chair Torian declared the public hearing closed at 8:57 pm

Chair Torian asked for comments and concerns from the Commission. Commissioner Sahlin indicated that he was in favor of the application, but is concerned about the Netter’s storm drainage. Commissioner Sahlin wants to assurances that the storm drainage issues will be resolved.

Commissioner Lebens asked staff how much discretion the City/Commission has with regard to this annexation process. Mr. Rankin explained that usually annexations are not conditioned, and some communities require consent to annex agreements prior to annexation. He recommended that the Commission require an annexation agreement with certain conditions applicable to the special exceptions process under which the application has been submitted. Mr. Lebens also shared his concerns about the issue of proper drainage. He would prefer to see the current drainage issues corrected prior to further development or approval of other applications. Mr. Lebens also asked about the need for the applicant to show proper capacity of water and sewer. Mr. Rankin indicated that these issues are addressed in Mr. Sigurdson’s memos as well as in the staff report. Mr. Sigurdson indicated that this application doubles the City’s current capacity and the 10” line proposed will help flows to the north side of town. Mr. Lebens also indicated that he wants the referenced storm water drainage issues corrected. He believes that a sub-basin plan should be complete prior to development of the annexed land.

Mr. Rankin proposed that the developer and owner sign an annexation agreement with that agreement providing that as part of the development plan approval process for any future development, the developer and property owner are required to purchase property, construct the water reservoir as proposed, to construct the 10” water line as proposed and to perform a sub-region storm water basin plan. Mr. Rankin would require that these improvements would need to be completed prior to any development of the annexed property.

Commissioner Harrison indicated he was amicable to making the above recommendation as well as making the recommendation that the storm water easement for the quadrant in question go along Ottaway Road. City Engineer Sigurdson indicated that the contour maps show that to be a tall order.

Chair Torian thanked the audience for their testimony and for taking the time to bring their concerns and comments to the Commission.

Motion was made by Commissioner Harrison to adopt the findings in the staff report and recommend the City Council approve the annexation subject to the applicant/developer and property owner executing and recording an annexation agreement that requires the applicant/developer and property owner to perform the following obligations, concurrent with and as a condition of any future development approval: (1) purchase the property and construct the water reservoir thereon as proposed and described in the application packet; (2)construct the 10” water line in Liberty Street as proposed and described in the application packet; and (3) perform a comprehensive sub-region storm water basin plan (which shall at a minimum address existing storm water problems within the basin, address future impacts of proposed and future development, and propose longer term sub-regional solutions for the storm drainage) to the satisfaction of the City Engineer. Commissioner Sahlin seconded the motion. At the vote all were in favor and the motion passed.

Adjourned

There being no further business, Commissioner Harrison moved to adjourn the meeting. Commissioner Lebens seconded the motion. At the vote, all were in favor and the meeting adjourned at 9: 20 pm.

Attested to:

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Heidi Torian, Chairperson Sheri Hall, City Recorder