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Home My WebLink About20082279.tiff • LAND USE APPLICATION LLL SUMMARY SHEET hiDe PLANNED UNIT DEVELOPMENT FINAL PLAT COLORADO CASE NUMBER: PF-1130 HEARING DATE: September 3, 2008 PLANNER: Kim Ogle APPLICANT: Gary and Vicky Mackey; Bryon and Jamie Mackey ADDRESS: 6804 Aaron Drive, Fort Collins, CO 80524 REQUEST: Final Plat for six (6) residential lots with E (Estate) Zone District uses except for the allowance of Auxiliary Quarters as defined by Section 23 -1-90. (Mackey Circle PUD) and an Outlot LEGAL Lot B of RE-4589 and Lot A of RE-2792 both being Part of the NW4 of Section 6, DESCRIPTION: T7N, R65 West of the 6'" P.M., Weld County, Colorado LOCATION: Approximately 0.25 mile south of County Road 86, East of and adjacent to County Road 37. in ACRES: 27.65 +/- PARCEL No.: 0709 06 200007 and 0709 06 000002 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Health & Environment, referral received July 10, 2008 • Weld County Department of Public Works, referrals received July 8, 2008 • Weld County Department of Building Inspection, referral received July 8, 2008 • Weld County Zoning Compliance, referral received June 11, 2008 • Weld County Attorney's Office, referral received August 4, 2008 • Weld County Planning, Landscape referral received June 16, 2008 • Weld County Sheriffs Office, referral received June 27, 2008 • Colorado Division of Water Resources, referral received July 8, 2008 • Town of Ault, referral dated June 10, 2008 • Town of Pierce, referral dated June 24, 2008 • Ault Fire Protection District referral dated July 8, 2008 • City of Thornton, referral received June 24, 2008 • The Department of Planning Services' staff has not received responses from the following agencies: • North Weld County Water District • Colorado Division of Wildlife • Weld County Ambulance Services • West Greeley Soil Conservation District •• Weld County School District RE-9 Mackey Circle PUD PF-1130 Page 1 EXHIBIT 2008-2279 tt FINAL PLAT ADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: PF-1130 HEARING DATE: September 3, 2008 PLANNER: Kim Ogle APPLICANT: Gary and Vicky Mackey; Bryon and Jamie Mackey ADDRESS: 6804 Aaron Drive, Fort Collins, CO 80524 REQUEST: Final Plat for six (6) residential lots with E (Estate) Zone District uses except for the allowance of Auxiliary Quarters as defined by Section 23 -1-90. (Mackey Circle PUD) and an Outlot LEGAL Lot B of RE-4589 and Lot A of RE-2792 both being Part of the NW4 of Section 6, DESCRIPTION: T7N, R65 West of the 61h P.M., Weld County, Colorado LOCATION: Approximately 0.25 mile south of County Road 86, East of and adjacent to County Road 37. •ACRES: 27.65 +/- PARCEL No.: 0709 06 200007 and 0709 06 000002 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-5-30 of the Weld County Code. 2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows: A. Section 27-6-120.B.6.a - The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code. Conditions of Approval and Development Standards ensure that the PUD is consistent with the Weld County Code. B. Section 27-6-120.6.b - The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District for the ) for six (6) residential lots with E (Estate) Zone District uses except for the allowance of Auxiliary Quarters as defined by • Section 23 -1-90 of the Weld County Code. Mackey Circle PUD PF-1130 Page 2 • Section 27-6-90, Signage — Section 27-2-90.C. states: "Signage within a PUD shall adhere to all requirements in this Chapter and Chapters 23 and 26 of this Code, if applicable." The application indicates that the proposed subdivision monument sign will adhere to the sign standards outlined in the Weld County Code. Subdivision signs adhere to the size standards of signs for public and quasi-public uses, which is 32-square feet, per Section 23- 4-80 of the Weld County Code. Further the sign shall be on Outlot A on lands owned by the Homeowners Association. The applicant has met the remaining performance standards as delineated in Section 27- 2-10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-220 of the Weld County Code. C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is within the three mile referral area for the Town of Ault and the Town of Pierce, neither town responded with comments regarding the proposed Change of Zone application. In the referrals received in response to the Final Plat dated June 10, 2008 and June 24, 2008 respectively, both towns indicated that they did not have a conflict with the proposal. D. Section 27-6-120.6.d - That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article 11 the Weld County Code. The proposed PUD will be serviced by the North Weld County Water District for potable water and fire protection requirements. The Weld County • Department of Public Health and Environment indicated in their referral received July 10, 2008 that the proposed PUD has not satisfied Chapter 27 in the Weld County Code in regards to water service. An electronic mail received August 15, 2008, indicates that the PUD has satisfied Chapter 27 in the Weld County Code in regards to water service. The Department of Public Health and Environment also indicated that Primary and Secondary septic system envelopes will not be required, except on Lot 5. E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The applicant is proposing an interior roadway with 60 feet of right-of-way for two 12 foot paved lanes and two 4 foot shoulders. County Road 37 is classified as local paved road, as stated in the May 16, 2007 for the Change of Zone referral from Weld County Department of Public Works. F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. Conditions of approval ensure that the applicant will complete an on-site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code prior to recording the Final Plat. The Improvements Agreement will require the construction of an internal road which will be dedicated to the County but maintained by the Homeowners Association G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. Effective January 1, 2003, Building • Permits issued on the proposed lots will be required to adhere to the fee structure of the Mackey Circle PUD PF-1130 Page 3 Weld Road Impact Program. Effective January 1, 2005, building permits on the site will be • required to adhere to the fee structure of the Capital Expansion Impact fee and the Stormwater/Drainage Impact fee. The site is located within the Flood Hazard overlay district as delineated on the FIRM Community Panel Map 080266 0480C. The location of the floodway within the designated floodplain has not been determined and instead of locating the precise location of the floodway the applicant has chosen to designate the entire floodplain as a no build zone. H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district, as described previously. This approval recommendation is based upon compliance with Chapter 27 requirements. The Final Plat for a PUD for six (6) residential lots with E (Estate) Zone District uses except for the allowance of Auxiliary Quarters is conditional upon the following: 1. Prior to recording the Final Plat: A. The applicant shall provide the Department of Planning Services with a sign plan that conforms with Section 23-4-80.A of the Weld County Code. (Department of Planning Services). B. The applicant shall address the concerns/comments of the Department of Public Works as stated in the referral response dated July 9, 2008. Evidence of such shall be submitted • in writing to the Weld County Department of Planning Services: (Departments of Public Works) C. The applicant shall address the requirements of the Department of Public Health and Environment as stated in their referral dated July 8, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall address the recommendations/requirements of the City of Thornton as stated in their referral received June 24, 2008. Written evidence of such shall be submitted to the Department of Planning Services. (City of Thornton) E. The applicant shall address the requirements of the Department of Planning Services (Landscape Plan) as stated in their referral received June 16, 2008. F. The applicant shall submit a draft Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance). The Agreement has been reviewed and approved by the Departments of Planning Services and Public Works. The applicant shall submit a signed copy of the Improvements Agreement along with the appropriate collateral. The agreement and collateral shall be approved and accepted by the Board of County Commissioners prior to recording the Final Plat. (Department of Planning Services) G. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Home Owners Association Incorporation paperwork for Mackey Circle PUD. • Further, the applicant shall resubmit these documents for review and approval by the Mackey Circle PUD PF-1130 Page 4 • County Attorney's office. Written evidence of compliance shall be forwarded to the Department of Planning Services. (Department of Planning Services, County Attorney's office) H. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Mackey Circle PUD in the Office of the Clerk and Recorder. (Department of Planning Services) The applicant shall submit evidence that the Home Owners Association has been recorded with the Secretary of the State. (Department of Planning Services) J. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable) K. The plat shall be amended to include the following: 1. All sheets of the plat shall be labeled PF-1130. (Department of Planning Services) 2. The applicant shall adhere to the plat requirements in preparation of the Final Plat. The vicinity map shall be delineated at a scale of 1"-2000 feet and the Site Plan shall be delineated at a scale of 1"-100 feet or 1"-200 feet. (Department of Planning Services) • 3. All changes required by the Weld County Utility Advisory Committee from their August 14, 2008 meeting. (Utility Advisory Committee) 4. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Department of Public Health and Environment) 5. Primary and Secondary septic envelopes shall be placed on Lot 5. All septic system envelopes must meet all setbacks. (Department of Public Health and Environment) 6. The proposed monument sign shall be located on the plat in a manner that satisfies the required minimum 20-foot setback in the E (Estate) Zone District and on lands owned by the Homeowners Association. (Department of Planning Services) 7. Building envelopes required on Lot 3, Lot 4 and Lot 5 shall be on the west side of the floodplain only and labeled as such. (Department of Public Works) 8. The Outlot for the placement of the Development's sign. (Department of Planning Services) 2. The Final Plat is conditional upon the following and that each shall be placed on the Final Plat as notes prior to recording: A. The Final Plat allows for PUD zoning for six (6) residential lots. The lots will adhere to • the uses allowed in the E (Estate) Zone District except for the allowance of Auxiliary Quarters as defined by Section 23 -1-90. The PUD will be subject to and governed by the Mackey Circle PUD PF-1130 Page 5 Conditions of Approval stated hereon and all applicable Weld County Regulations. • (Department of Planning Services) B. Approval of this plan may create a vested property right pursuant to Section 23-8-20 of the Weld County Code. (Department of Planning Services) C. All landscaping within the site distance triangles must be less than 3 '/ feet in height at maturity. (Department of Planning Services) D. A Homeowners Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) E. Water service shall be obtained from North Weld County Water District. (Department of Public Health and Environment) F. This subdivision is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. Septic systems shall be designed for site specific conditions including, but not limited to, shallow groundwater, bedrock, gravel and/or clay. (Department of Public Health and Environment) G. A stormwater discharge permit may be required for a development/redevelopment • /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) H. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) J. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) K. Weld County will not be responsible for the maintenance of roadway and appurtenant improvements, including storm drainage related facilities. (Department of Public Works) L. A separate building permit shall be obtained prior to the construction of any building or structure including any future entry way and or gates. (Department of Building Inspection) • M. A plan review is required for each building for which a building permit is required. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) Mackey Circle PUD PF-1130 Page 6 N. Buildings shall conform to the requirements of the codes adopted by Weld County at the • time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) O. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) P. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) Q. Building height shall be measured in accordance with the applicable Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) • R. Prior to the release of building permits, the applicant shall submit evidence of approval from the Ault Fire Protection District to the Weld County Building Department. S. All signs including entrance signs shall require building permits. Signs shall adhere to Chapter 23 Division 2 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) T. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) U. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) V. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) W. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) X. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) • Y. The site shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) Mackey Circle PUD PF-1130 Page 7 Z. No development activity shall commence on the property, nor shall any building permits • be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) M. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) AB. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) AC. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Department of Public Health and Environment) AD. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning • Services) AE. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) AF. Section 27-8-70 of the Weld County Code— Failure to commence a PUD final plan - If no construction has begun or no use established in the PUD within one (1) year of the date of the approval of the PUD final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board of County Commissioners may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the PUD final plan have changed or that the landowner cannot implement the PUD final plan, the Board may, after a public hearing, revoke the PUD final plan and order the recorded PUD plan vacated. AG. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be • rectified. Mackey Circle PUD PF-1130 Page 8 AH. Section 27-8-80.B of the Weld County Code -Any PUD Zone District approved in a Final • Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. Al. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 3. The Final Plat map shall be submitted to the Department of Planning Services' for recording within thirty (30) days of approval by the Board of County Commissioners. With the Final Plat map, the applicant shall submit a digital file of all drawings associated with the Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 4. Prior to Release of Building Permits: A. A letter of approval from the Ault Fire Protection District shall be provided to the Department of Building Inspection. (Department of Building Inspection) 5. Prior to construction: A. Stop signs and street name signs will be required at all intersections. (Department of Planning Services) 6. Prior to the release of collateral: • A. The applicant shall submit recorded deeds which transfer ownership of the Outlot to the Homeowners'Association. (Department of Planning Services) i Mackey Circle PUD PF-1130 Page 9 a DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10T" Street • I GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 C. FAX: (970) 304-6498 COLORADO June 9, 2008 Gary &Vicky Mackey Bryon &Jamie Mackey 6804 Aaron Dr Ft Collins CO 80524 Subject: PF-1130- Request for approval of a Final Plat for six (6) Residential (Estate Zoning) Lots— Mackey Circle PUD on a parcel of land described as Lot B of RE-4589 and Lot A of RE-2792 both being Pt NE4 of Section 6, T7N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, August 14, 2008, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County • Department of Planning, 918 101h Street, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ault and Pierce Planning Commission for their review and comments. Please call Ault at 970-834-2844 and Pierce at 970-834-2851, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sinc:r:ly, Ki o.le Plan n FIELD CHECK Inspection Date: 8-2008 • APPLICANT: Gary, Vicki, Bryon and Jamie Mackey CASE #: PF-1130 REQUEST: FINAL PLAT FOR SIX (6) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES EXCEPT FOR THE ALLOWANCE OF AUXILIARY QUARTERS AS DEFINED BY SECTION 23 -1-90. (MACKEY CIRCLE PUD) AND AN OUTLOT, IN THE E (ESTATE) ZONE DISTRICT. (Mackey Circle PUD) LEGAL: Lot B of RE-4589 and Lot A of RE-2792 both being Pt NE4 of Section 6, T7N, R65W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to County Road 86 and East of and adjacent to County Road 37. PARCEL ID #: 0709 06 200007 and 0709 06 000002 ACRES: 27.65 +/- Zoning Land Use N AG N Ag/Residential E AG E Ag AG Ag • AG W Ag Comments: Dry Corner, no visible crop -- grasses, without any structure. All weather access at south No noticeable topography—flat No Oil and Gas Vacant unused property L/ Kim g e,� anner ❑ House(s) o Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) Access to Property o Irrigation Sprinkler ❑ Crop Productions o Crops a Site Distance ❑ Wetlands o Mobile Home(s) o Oil & Gas Structures ❑ Other Animals On-Site o Wildlife • ❑ Water Bodies o Utilities On-Site (transmission lines) Ditch n-Topography Hello