HomeMy WebLinkAbout20042642.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #594, FOR SEVEN (7) LOTS WITH E (ESTATE) ZONE USES AND
THREE (3) NON-RESIDENTIAL OUTLOTS - TODD MUCKLER, DEBRA EBERL-
MUCKLER, AND ELI KREBS
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,a public hearing was held on the 8th day of September,2004,at 10:00 a.m.for
the purpose of hearing the application of Todd Muckier, Debra Eberl-Muckler,and Eli Krebs,7288
Weld County Road 54,Johnstown,Colorado 80534,requesting a Site Specific Development Plan
and Planned Unit Development Final Plan, PF#594,for seven (7) lots with E (Estate)Zone uses
and three (3) non-residential outlots, for a parcel of land located on the following described real
estate, to-wit:
Lots A and B of Recorded Exemption #2695; being
part of the W1/2 of Section 29, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the applicant was represented at said hearing by Thomas Honn,THinc., 1601
Quail Hollow Drive, Fort Collins, Colorado 80525, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission,and,having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D as follows:
A. Section 27-7-40.D.2.a—The proposal is consistent with Chapters 19,22,23,
24, and 26 of the Weld County Code.
1) Section 22-2-60.A.1 (A.Goal 1)states,"Preserve prime farmland for
agricultural purposes which foster the economic health and
continuance of agriculture." The site is designated "Other" and
"Irrigated not prime" by the USDA.
AG
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PUD FINAL PLAN, PF#594 -TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS
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2) Section 27-2-190 defines urban-scale development as
"...developments exceeding nine (9) lots and/or, located in close
proximity to existing PUDs, subdivisions, municipal boundaries or
urban growth corridors and boundaries."The application proposes
urban-scale development, as the Challenger Ranch Planned Unit
Development is adjacent to the site. The internal road system shall
be paved as required by Section 27-2-190.
3) Section 22-3-50.6.1 (P.Goal 2)states, "Require adequate facilities
and services to assure the health,safety,and general welfare of the
present and future residents of the County." The homes will be
serviced by the Little Thompson Water District and individual sewage
disposal systems. The Weld County Department of Public Health
and Environment has included Conditions of Approval that will ensure
the protection of the health, safety, and general welfare of the
residents.
4) The proposed site is not influenced by any Intergovernmental
Agreements or the Mixed Use Development area.
B. Section 27-7-40.D.2.b -- The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20,Access standards—At the Change of Zone phase
the applicant was approved for an internal roadway with a
right-of-way of 60 feet, and a cul-de-sac with a minimum 65-foot
radius. The typical roadway cross-section was approved as two
12-foot paved travel lanes with 4-foot gravel shoulders. The
cul-de-sac edge of pavement radius was approved at a 50-foot
minimum. The Lakota Lakes Ranch Final Roadway Design Report,
dated May 3, 2004, by Weiland, Inc., proposes a typical roadway
cross section of two paved 13-foot travel lanes. The report states
that the average daily traffic count would be less than 50. This 7-lot
development will generate 67 vehicle trips per day based upon the
industry and CODE standard, Institute of Transportation Engineers
(ITE) Manual, of 9.57 vehicle trips per day for a single family
residence. Conditions of Approval ensure the road will be built to the
specifications approved at the Change of Zone hearing.
2) Section 27-2-176, Sewer provisions— During the Change of Zone
hearing the applicant delineated primary and secondary septic
envelopes on each lot. The final plat map omits the primary and
secondary septic envelopes. Conditions of Approval ensure that
these items will be corrected and reviewed prior to recording the final
plat. The applicants' representative has asked that the language
regarding septic envelope placement be amended. The Department
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of Public Health and Environment has included optional language in
the Conditions of Approval.
3) The applicants have met the remaining twenty Performance
Standards as delineated in Section 27-2-10 regarding access,
buffering and screening,bulk requirements,circulation,etcetera.The
applicants have submitted an Improvements Agreement According
to Policy Regarding Collateral for Improvements. The Improvements
Agreement will be required to be approved and accepted by the
Board of County Commissioners prior to recording the final plat.
C. Section 27-7-40.D.2.c--The uses which will be permitted will 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 not influenced by an Intergovernmental
Agreement.The Town of Milliken indicated no conflict with the proposal.The
City of Greeley requested an internal stub street to ensure connectivity with
future subdivisions and sidewalks with curbs. Neither is required in the Weld
County Code. The Town of Johnstown did not respond to the referral
request.
D. Section 27-7-40.D.2.d --Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the Performance Standards in Chapter 27,Article II,of the
Weld County Code. The proposed PUD will be serviced by the Little
Thompson Water District for potable water and fire protection requirements.
Individual sewage disposal systems will handle the effluent flow. The
applicant has purchased water taps and the Weld County Department of
Public Health and Environment has included Conditions of Approval to
ensure adequate sewer service will be made available to the site.
E. Section 27-7-40.D.2.e--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 Department of Public Works has not required
improvements to County roads.
F. Section 27-7-40.D.2.f— In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Sections of Chapters 22,24 and 26,
if applicable. No upgrades are required to County Roads.
G. Section 27-7-40.D.2.g -- 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
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subject site. The site is currently being mined through Corrected Amended
Use by Special Review Permit#672. Building Permits shall not be issued on
Lot 1 prior to the vacation of the Use by Special Review Permit. Conditions
of Approval ensure that soil conditions shall be considered when placing
structures or individual sewage disposal systems. Building setbacks and
drill envelopes will be indicated on the plat to ensure oil and gas interests
have been protected.
H. Section 27-7-40.D.2.h--The proposed PUD Final Plan uses are compatible
with the criteria listed in the Developmental Guide.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Todd Muckler,Debra Eberl-Muckler,and Eli Krebs for a Site
Specific Development Plan and Planned Unit Development Final Plan, PF#594,for seven(7)lots
with E(Estate)Zone uses and three(3)non-residential outlots,on the above referenced parcel of
land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the PUD Final Plat:
A. All sheets of the plat shall be labeled PF-594.
B. The applicant has submitted a draft Improvements Agreement According to
Policy Regarding Collateral for Improvements(Public 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.
C. The Plat shall be amended to include the following:
1) Weld County's Right to Farm Statement as delineated in Chapter22,
Appendix 22-E, of the Weld County Code.
2) Section 22-5-100.A.1 (OG.Policy 1.1) of the Weld County Code
states, "new planned unit developments or subdivisions should be
planned to take into account current and future oil and gas drilling
activity to the extent oil and gas development can reasonably be
anticipated."At the Change of Zone phase the applicant asked the
Board to allow them to submit an agreement with the mineral owners
with the Final Plan application. The applicant was unable to obtain
the agreement. Therefore,the Final plat shall be amended to indicate
the 400-foot by 400-foot undrilled site in the SW1/4 NW1/4 of the
Section.
3) All changes required by the Weld County Utilities Coordinating
Advisory Committee.
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4) The location of the entry monument identification sign and address
identification sign on Outlot B shall be indicated. The sign shall not
exceed 32 feet total,shall meet all required setbacks,and be outside
the sight distance triangles.
D. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for Lakota Lakes Ranch. Any changes requested
by the Weld County Attorney's Office shall be incorporated. The last line of
Section 11.11.t of the Covenants shall be amended to read: "expressly
prohibited over the absorption field areas while in use,"instead of"restricted
over the absorption field areas while in use."
E. 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 Lakota Lakes Ranch in
the Office of the Clerk and Recorder.
F. The applicant shall submit evidence that the Homeowners'Association has
been recorded with the State.
G. The Lakota Lakes Ranch Final Roadway Design Report,dated May 3,2004,
by Weiland, Inc., is generally acceptable, except for the proposed typical
roadway cross section of two paved 13-foot travel lanes. The report states
that the average daily traffic count would be less than 50. This 7-lot
development will generate 67 vehicle trips per day based upon the industry
and CODE standard, Institute of Transportation Engineers(ITE)Manual,of
9.57 vehicle trips per day for a single family residence. As agreed upon by
the applicant and the Department of Public Works at the Change of Zone,the
internal roadway right-of-way shall be 60 feet in width, including cul-de-sacs
with a minimum 65-foot radius, and dedicated to the public. The typical
roadway cross section should be shown as two 12-foot paved lanes with
4-foot gravel shoulders on the Change of Zone plat. The cul-de-sac edge of
pavement radius shall be 50-feet minimum. The applicant shall resubmit a
stamped, signed, and dated Lakota Lakes Ranch Final Roadway Design
Report with the appropriate changes for the typical roadway cross section:
two 12-foot paved lanes with 4-foot gravel shoulders.
H. The applicant shall submit three(3)additional sets of stamped,signed,and
dated final roadway, drainage, utility/construction plan drawings to the
Department of Public Works for Weld County Field Inspectors' use during
construction of the subdivision.
The Lakota Lakes Ranch Final Drainage Report, dated March 2004, by
William C. Klawitter, P.E., with Weiland Inc., is acceptable. The drainage
plan drawings must be stamped, signed, and dated by the professional
engineer.
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J. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage with the Final Plan application. Front, rear, and side
slopes around building footprint must be addressed. In addition,drainage for
rear and side lot line swales shall be considered. Building envelopes must
be planned to avoid stormwater flows(especially from an overtopping ditch),
while taking into account adjacent drainage mitigation. Evidence of approval
by the Department of Public Works shall be submitted to the Department of
Planning Services.
K. The applicant shall submit recorded evidence that Outlots B and C have
been deeded to the Lakota Lakes Ranch Homeowners' Association. The
draft Quit Claim Deed incorrectly states that the property is located within the
Town of Johnstown.
2. The Final Plat is conditional upon the following and that each be placed on the Final
Plat as notes prior to recording:
A. The Final Plan allows for E (Estate)Zone uses on Lots 1 through 7, except
four(4)animal units will be allowed per lot,and A(Agricultural)Zone uses on
outlots B, C, and D, except no residential structures shall be allowed, as
indicated in the application materials on file and subject to,and governed by,
the Conditions of Approval stated hereon and all applicable Weld County
regulations.
B. Lot 7 shall have a setback of one-hundred eighty-nine (189)feet from any
tank battery.
C. Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
D. Building Permits shall not be issued on Lot 1 prior to the vacation of
Corrected Amended Use by Special Review Permit#672.
E. 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.
F. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
G. Water service shall be obtained from the Little Thompson Water District.
H. This PUD 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,
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Water Quality Control Division, and the Weld County Code in effect at the
time of construction, repair, replacement, or modification of the system.
Primary and Secondary envelopes for the absorption fields shall be reviewed
at the time of Building Permit. The lot owner shall not place any permanent
landscaping,structures,dirt mounds or other items that would interfere with
the construction, maintenance or function of the fields in the primary or
secondary envelopes. Evidence of Health Department approval shall be
submitted to the Department of Building Inspection with the Building Permit
submittal.
J. If required, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
K. 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 Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
L. In accordance with the Regulations of the Colorado Air Quality Control
Commission,any development that disturbs more than five(5)acres of land
must incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
M. If land development creates more than a 25-acre contiguous disturbance,or
exceeds six (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.
N. Stop signs and street name signs will be required at all intersections.
O. All signs, including entrance signs, shall require Building Permits. Signs
shall adhere to Sections 23-4-70 and 27-6-90 of the Weld County Code.
These requirements shall apply to all temporary and permanent signs.
P. All landscaping within the sight distance triangles must be less than 3.5 feet
in height at maturity.
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
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R. The Weld County Department of Public Works shall be notified prior to
placing utilities in the road rights-of-way to determine if permits will be
required.
S. Basements will not be permitted within any structure.
T. Property owners are required to pay a cash-in-lieu of land dedication fee to
Johnstown-Milliken School District RE-5J at the time of the issuance of
residential Building Permits. Weld County will not be held responsible for
collecting the fee.
U. Effective January 1,2003, Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
V. A separate Building Permit shall be obtained prior to the construction of any
building.
W. A plan review is required for each building. Plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
X. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include the
2003 International Residential Code,2003 International Building Code,2003
International Mechanical Code, 2003 International Plumbing Code, 2003
International Fuel Gas Code,2002 National Electrical Code,and Chapter 29
of the Weld County Code.
Y. 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.
Z. 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 Chapter23 of the Weld
County Code.
AA. Building height shall be measured in accordance with the 2003 International
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. When measuring buildings to determine offset and
setback requirements,buildings are measured to the farthest projection from
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the building. Property lines shall be clearly identified and all property pins
shall be staked prior to the first site inspection.
BB. A portion of the property is located west of the Big Thompson River. This
portion of the property must be accessed from Lakota Lakes Ranch unless
permission is granted by the owners of the property to be crossed for
emergency or maintenance needs.
CC. Potential purchasers are hereby notified that confined animal feeding
operations are located directly northeast and northwest of the site adjacent
to Weld County Road 54. Further, a confined animal feeding operation
permitted by Special Use Permit#154, for 2,850 head of cattle, is located
one-half-mile west of Weld County Road 15 on Weld County Road 56.
Off-site impacts that may be encountered include noise from trucks,tractors,
and equipment;dust from animal pens,and odors from animal confinement,
silage, and manure.
DD. No residential Building Permits shall be issued for outlots.
EE. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
FF. 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 Conditions of Approval stated herein and all applicable Weld
County regulations.
GG. The site shall maintain compliance at all times with the requirements of the
Weld County Government, and adopted Weld County Code and Policies.
HH. 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.
II. Section 27-8-80.6 of the Weld County Code - Any PUD Zone District
approved in a Final Plan shall be considered as being in compliance with
Chapter24 of the Weld County Code and Section 30-28-101,et seq.,C.R.S.
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3. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
4. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit three(3)paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies,the applicant
shall submit a Mylar plat,along with all other documentation required as Conditions
of Approval. The applicant shall also 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 ArcView shapefiles,Arclnfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4).(Group 6 is not acceptable). The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of Section 27-9-20
of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within thirty (30) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
5. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit
Development Final Plan - If a Final Plan plat has not been recorded within one (1)
year of the date of the approval of the PUD Final Plan, or within a date specified by
the Board of County Commissioners, the Board 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
record the PUD Final Plan plat. The Board may extend the date for recording the
plat. If the Board determines that conditions supporting the original approval of the
PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the
PUD Final Plan.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
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Robert D. Masden, Chair
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Date of signature: /1--1-7A
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