HomeMy WebLinkAbout20082608.tiff HEARING CERTIFICATION
DOCKET NO. 2008-64
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN, PF #1130, FOR SIX (6) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES,
EXCEPT FOR THE ALLOWANCE OF AUXILIARY QUARTERS, AS DEFINED BY
SECTION 23-1-90 OF THE WELD COUNTY CODE,AND AN OUTLOT-GARY AND VICKY
MACKEY/ BRYON AND JAIME MACKEY
A public hearing was conducted on September 10, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 22, 2008, and duly published August 29,
2008, in the Greeley Tribune, a public hearing was conducted to consider the request of Gary and
Vicky Mackey, and Bryon and Jaime Mackey, for a Site Specific Development Plan and Planned
Unit Development Final Plan, PF #1130, for six (6) Residential lots with E (Estate) Zone uses,
except for the allowance of Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County
Code, and an Outlot. Bruce Barker, County Attorney, made this a matter of record. Kim Ogle,
Department of Planning Services, presented a brief summary of the proposal and entered the
favorable recommendation of the Planning Commission into the record as written. He stated the
development is referred to as Mackey Circle PUD, and is located northeast of the Town of Ault,
one-quarter mile south of County Road 86, and east of and adjacent to County Road 37. He gave
a brief description of the uses of surrounding properties,and indicated seventeen referral agencies
reviewed the request, with eleven agencies providing comments which have been addressed
through the Conditions of Approval. He indicated staff has not received any letter or telephone
inquiries from surrounding property owners regarding the Change of Zone application, nor the Final
Plan application. He clarified staff previously recommended that the Board review the application
for Final Plan,since there was some uncertainty regarding the drainage facilities, including location
and function concerns. He indicated the Department of Public Works has indicated that the
Drainage Report prepared by Stewart and Associates includes many of the components requested
by the Department, and the suggested modifications have been returned to the engineer. He
clarified the applicant is very close to completing all of the necessary requirements. He stated the
City of Thornton, in a referral dated June 23, 2008, indicated the natural drainage on the property
has historically flowed south on to land owned by the City, and the City has requested that the
development retain flows so that drainage only occurs at the historic rate. He clarified Condition
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HEARING CERTIFICATION - GARY AND VICKY MACKEY / BRYON AND JAIME MACKEY
(PF#1130)
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of Approval #1.6 addresses the drainage concerns on the site, and he displayed photographs of
the site and surrounding area. In response to Chair Jerke, Don Carroll, Department of Public
Works, clarified Spring Creek passes through the property.
Mr. Carroll stated County Road 37 is a paved two-lane road, classified as a collector status road,
requiring 80 feet of right-of-way at full buildout. He indicated the most recent traffic count, taken
in March, 2007, indicates the road has approximately 218 vehicle trips per day, and he confirmed
Stark Farms PUD, which has been active for approximately five years, is located south of the
proposed development. He stated the access to the site is on County Road 37, and staff has
requested that a Stop sign be placed for traffic exiting the site onto County Road 37. He clarified
the internal access road will be paved with asphalt,with gravel shoulders,and will be approximately
835 feet in length. Mr. Carroll indicated the eastern portions of the development lie within the 100-
year floodplain, specifically within Lots 3, 4, 5, and a portion of Lot 6, and the areas within the
floodplain shall be designed as "No-build Zones" on the recorded plat. He clarified if grading is
required within the floodplain,the applicant will be required to provide a Flood Hazard Development
Plan, and building envelopes will be required for Lots 3, 4, and 5. He further clarified Lot 6 does
not require a building envelope, since a majority of the lot is located outside of the floodplain area.
Chair Jerke requested Mr. Carroll provide a map of the proposed development, indicating the
placement of the proposed lots, and Commissioner Long clarified a copy of the map has been
provided within the electronic file. Referring to the specified map, Mr.Carroll reiterated his previous
comments. In response to Chair Jerke, Mr. Carroll confirmed Lots 1 and 2 do not lie within the
floodplain, and essentially the backyards of Lots 3, 4, and 5 are not buildable due to the floodplain
designation. He stated the applicant is proposing a drainage pond to be utilized to ensure historical
drainage amounts from the site, the pond will be located in the southeast portion of the
development, and staff has requested that a drainage easement be provided so that discharges
may cross the easement towards County Road 84. He reiterated several details still need to be
clarified; however, the applicant is close to finalizing the Drainage Plan. Responding to
Commissioner Masden, Mr. Carroll indicated the portions of Lots 4 and 5 located within the
floodplain will be deemed as "No-build Zones."
Lauren Light, Department of Public Health and Environment,stated the development will be served
with water from the North Weld County Water District, and septic systems will handle the effluent
flow. She indicated the septic systems meet the overall density of one septic system per 4.5 acres.
She indicated Lot 5 will be required to provide primary and secondary septic envelopes, as
described within Condition of Approval#1.K.5; however,the Condition needs to be modified to also
include Lot 3, since the buildable area of the lot is less than one acre. She clarified a secondary
envelope will not be required on Lot 4, since the lot contains over an acre of buildable area. She
further clarified the applicant is allowed to place septic systems within the floodplain; however, the
delineation of the floodway will be required, therefore, it is more advantageous for the applicant to
keep the septic systems out of the floodplain. She confirmed the Department has no other
outstanding concerns with the application materials. In response to the recommendation of
Ms. Light, the Board concurred with the modification of Condition of Approval #1.K.5, to indicate
that primary and secondary septic envelopes shall be placed on Lots 5 and 3.
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Bryon Mackey, applicant, stated his family owns the land surrounding the site of the development,
which contains a center irrigation pivot. He clarified the pivot is unable to provide water to this
portion of land for irrigation purposes, therefore, the family decided to subdivide the property in
order to develop the property. In response to Chair Jerke, Mr. Mackey indicated the application
process began approximately three years ago when the housing market was considerably stronger,
and he is hoping the housing market will bounce back soon. He clarified the development south
of the site is designed for modular homes; however, this development will contain stick-built
residences. Further responding to Chair Jerke, Mr. Mackey identified all of the land his family owns
on the provided map, and clarified an eleven-acre parcel north of the site was divided through the
Recorded Exemption process when the surrounding property was purchased in 2002. In response
to Commissioner Masden, Mr. Mackey indicated there will be no Homeowners'Association(HOA);
however,the development will contain Covenants. Commissioner Rademacher indicated Condition
of Approval #1.1 indicates the applicant will be required to create an HOA. Mr. Ogle indicated it is
a State requirement that developments form an HOA, and Mr. Barker concurred.
No public testimony was offered concerning this matter.
In response to Chair Jerke, Mr. Mackey indicated he has reviewed, and concurs with, the
Conditions of Approval, as modified.
Commissioner Long moved to approve the request of Gary and Vicky Mackey, and Bryon and
Jaime Mackey, for a Site Specific Development Plan and Planned Unit Development Final Plan,
PF #1130, for six (6) Residential lots with E (Estate) Zone uses, except for the allowance of
Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County Code, and an Outlot, based
on the recommendations of the Planning staff and the Planning Commission, with the Conditions
of Approval, as entered into the record, including the modification to Condition of Approval#1.K.5,
as previously described. The motion was seconded by Commissioner Rademacher, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:15 a.m.
2008-2608
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HEARING CERTIFICATION - GARY AND VICKY MACKEY / BRYON AND JAIME MACKEY
(PF#1130)
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This Certification was approved on the 15th day of September, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
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LD COUNTY, COLORADO
ATTEST: �`'° M ' "':t�L `( cL"`
tut 4;A,'�'t . idm H. Jerke, Chair
Weld County Clerk to the Boa '
r I04 I ' ' -Robert D. M sden, Pr - em
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BY: i f
De y Cler the Board
Willi
David E. Long
a
ougl s Radem cher
2008-2608
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EXHIBIT INVENTORY CONTROL SHEET
Case PF #1130 - GARY AND VICKY MACKEY/ BRYON AND JAMIE MACKEY
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing (Filed under Legals)
B. Planning Staff Certification of sign posting
C. Public Works Staff Updated Referral, dated 09/08/2008
D. Public Works Staff Maps of the floodplain
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