HomeMy WebLinkAbout20042802.tiff HEARING CERTIFICATION
DOCKET NO. 2004-79
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN, PF#594, FOR SEVEN (7) LOTS WITH E (ESTATE)ZONE USES AND FOUR(4)
NON-RESIDENTIAL OUTLOTS - TODD MUCKLER, DEBRA EBERL-MUCKLER, AND
ELI KREBS
A public hearing was conducted on September 8, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem - EXCUSED
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 13,2004,and duly published August 18,2004,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Todd Muckier,
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 four(4) non-
residential outlots. Lee Morrison,Assistant County Attorney, made this a matter of record. Chair
Masden advised the applicants'representative,Tom Honn,that he has the option of continuing this
matter to a date when the full Board will be present. However, if he decides to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Commissioner Jerke will listen to the
record and make the determining vote. Mr. Honn indicated he would like to proceed today.
Sheri Lockman, Department of Planning Services,presented a brief summary of the proposal and
entered staffs favorable recommendation. She gave a brief description of the location of the site
and surrounding uses. She stated the property is currently being mined under Second Amended
Use by Special Review Permit #627, and staff received no correspondence from surrounding
property owners. Ms. Lockman stated the applicant has requested that the Final Plan be
administratively reviewed; however, they were unable or unwilling to complete Conditions of
Approval required for the Change of Zone. She stated the outstanding items include: 1) an
agreement with the property's mineral owners was not obtained, therefore, drilling envelopes for
undrilled oil and gas sites need to be designated on the plat; 2) septic envelopes need to be
designated, although staff is allowing some flexibility should they need to be relocated; and 3)
building envelopes need to be located on the lots to avoid stormwater flows. She stated based on
information from the Flood Hazard Development Permit, the Department of Public Works has
removed the requirement that foundations be placed a minimum of one foot above the regulatory
flood data. She further stated the postal service has agreed to deliver to the internal road and the
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HEARING CERTIFICATION -TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS
(PF #594)
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School District agreed to enter the development to pick up school children,therefore,the mailbox
and bus pickup location at the entrance is no longer necessary. Ms. Lockman stated prior to this
hearing, staff and the applicants discussed an entry monument identification sign and address
identification sign, not to exceed 32 square feet, shall be placed on Outlot B, therefore, Condition
of Approval #1.G can be deleted. She stated Condition of Approval#1.C.4 shall be amended to
read, The location of the entry monument identification sign and address identification sign on
Outlot B shall be indicated. The signs shall not exceed 32 square feet total,shall meet all required
setbacks, and be outside of the sight distance triangle." In response to Commissioner Geile, Ms.
Lockman stated although the Covenants permit a home business if it does not take up more than
50 percent of the livable space,the County Code only provides for a home occupation. She added
the Covenants also state the properties must comply with all Weld County requirements.
Commissioner Geile commented the Covenants need to be modified to be consistent with the Weld
County Code to eliminate any conflicts. Responding to Commissioner Vaad, Ms. Lockman
submitted a map, marked Exhibit B, showing the drilling envelopes. She explained two of the
envelopes have already been drilled out, and the third one is in the open space and lake areas,
therefore, it just needs to be designated on the plat to ensure it meets setbacks.
Pam Smith, Department of Public Health and Environment, stated the Final plat needs to include
the notes and septic envelopes provided at the Change of Zone phase, which is addressed in
Condition#1.C.5. She stated since the Change of Zone,the standard language regarding septic
envelopes has been modified,and the Covenants should be rewritten to state activities that would
interfere with the construction, maintenance,or function of the fields should be"expressly prohibited"
rather than "restricted." In response to Commissioners Vaad and Geile, Ms. Smith stated those
changes have already been included in Condition#2.1 of the Draft Resolution. In response to Chair
Masden, Ms. Smith stated the language is broad and if driving over those septic envelopes will
prohibit the construction, maintenance, or function of the system, then it will be prohibited.
Donald Carroll, Department of Public Works, stated Weld County Road 54 is classified as a main
arterial, between Weld County Roads15 and 17. He stated there are two railroad tracks that cross
east of this site, the speed limit on Weld County Road 54 has been reduced at this location, the
internal road will be 60 feet wide, including a cul-de-sac,and it will be dedicated to the public. Mr.
Carroll stated the cross section diagram depicts two 12-foot driving lanes with 4-foot shoulders,and
Stop and street name signs at the entrance. He stated staff initially requested building envelopes;
however,since the site has been elevated out of the floodplain,that is no longer being required. He
further stated the Drainage Report has been approved,the pavement evaluation is adequate,and
the Improvements Agreement is satisfactory. Commissioner Vaad commented at the Planning
Commission hearing,the applicant requested a gravel road to accommodate equestrian uses. Mr.
Carroll stated the memorandum from Peter Schei, Department of Public Works, indicates that staff
is still requesting paving of the internal road. In response to Commissioner Geile,Mr.Carroll stated
the Flood Hazard Permits are no longer required because the applicants provided a CLOMR
(Conditional Letter of Map Revision).
Tom Honn,THinc., represented the applicant and stated the issues addressed by staff are simple
items to be completed. To address the floodplain issues relating to leach fields and oil and gas
fields,the applicant amended the plat,modified the lot orientations to meet setbacks,and the oil and
gas representatives verbally indicated they have no further concerns. He stated the 800-foot drilling
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envelopes have already been accommodated,therefore,he requested Condition#1.C.2 be modified
to clarify that it is the remaining 400-foot envelope in the open space area, or SW1/4NW1/4/4 of the
Section,which is to be accommodated. Mr. Honn stated at the request of the Department of Public
Works,the applicants did a detailed floodplain analysis to verify the mining activities did not change
the floodplain boundaries or have an adverse effect on the proposed seven lots. Based on those
findings, he requested the requirement to obtain a Floodplain Development Permit be eliminated,
and that there be no restrictions on the building envelopes since the lots are not in the floodplain.
Mr. Honn clarified the lots will still be restricted from having basements due to high groundwater
levels and the proximity to the river,and minimum elevation conditions are in place. He stated they
will provide signed,stamped,and dated plans for field personnel;the drainage report narrative and
drawing will be submitted to the Department of Public Works; and they have no problem with
protecting the primary and secondary leach fields. However, it is difficult to designate the leach
fields until the lot is purchased and the location of the home is determined. He further stated there
are conditions and statements in the Covenants that state those envelopes will be designated. He
proposed the leach fields be designated on the site plan which is required with a Building Permit
application,rather than going through the process for an Affidavit of Correction. Mr.Honn referenced
Condition of Approval#2.E,and stated the streets will be paved,with maintenance later being taken
over by the County. He confirmed for the record that the Homeowners' Association will only be
responsible for the maintenance of the streets until they are accepted by the County for full
maintenance. In response to Commissioner Vaad,Ms.Smith concurred that the septic envelopes
could be a Condition prior to construction. Responding to Commissioner Geile, Mr. Honn agreed
the Covenants indicated homes must exceed 2,800 square feet, without basements, and he
reiterated the lots are not in the floodplain, and that information will be passed on to future
purchasers. He stated the 60 acres of open space consists of ponds and mining activities,and the
mining operator is responsible for water augmentation. He further stated the southern portion of the
property has historically been used for pasture and will be retained by the Mucklers, with the
remaining area to be deeded to the Homeowners'Association. Mr. Honn stated there is no intent
to create a Conservation Easement. He stated the designation of open space does not permit the
building of houses,although it does allow picnic shelters,etcetera,to be enjoyed by members of the
Homeowners' Association. He further stated the two ponds will be the responsibility of the
Homeowners' Association, and the augmentation was already addressed by the prior owners
through the mining operation. In response to Chair Masden, Mr. Honn stated the water
augmentation is addressed in water court. He further stated the Drainage Study has been reviewed
by the Department of Public Works, however, he is not certain whether it included a CLOMR.
Responding to Chair Masden,Brent Coan,Otis,Coan and Stewart,stated the applicants have been
working with the oil and gas owners, and they have drafted a surface use agreement to address
issues,such as property lines in setback areas. He stated the applicant chose to comply with their
requests by removing lot lines from the setback areas, and ensuring proper access. He further
stated the company's objections for surface issues have been addressed on the plat, and on
August 19,2004,they received a voice mail stating the plat is acceptable. Mr.Coan stated he has
left two voice mails and has not received a response. He stated they have been dealing with K.P.
Kauffman. Mr. Coan stated he and Mr. Morrison have differing viewpoints as to whether drilling
windows should be required to be shown on the plat based on State statute versus the Oil and Gas
Commission regulations. He stated at this time the plat does not show a drilling window;however,
the oil and gas company has expressed no concerns with the plat they were provided. He
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expressed concern that in the future a drilling window will be required when the oil and gas company
does not have issues; especially since indicating them impacts the plans of the property owners.
Mr. Honn stated there was no CLOMR because the lots are not in the floodplain.
Robert Brown, surrounding property owner to the east, stated he supports this project because it
will be an asset to the area. There being no further comments, Chair Masden closed public
testimony.
In response to Chair Masden, Mr.Honn stated he and the applicants have reviewed and concur with
most of the Conditions of Approval. He requested Conditions#1.C.5 and#2.1 be modified or moved
to require the designation of primary and secondary envelopes for absorption fields prior to
construction. He also requested the applicant not be required to designate the drilling windows on
the plat since they have addressed the oil and gas company's concerns with setbacks and lot
orientation. Ms. Lockman stated the discussion indicated the request to delete Condition of
Approval #1.G regarding the sign, amend Condition #1.C.4 to state, "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," amend Condition #1.D to add another sentence that states: "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,"amend the
last sentence of Condition#1.C.2 to state, "Therefore,the Final plat shall be amended to indicate
the 400-foot by 400-foot undrilled site in the SW 1/4/4 N W 1/4 of the Section",amend Condition#2.1 to
state, "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,"and delete Condition#1.C.5.
The Board concurred with these changes.
Commissioner Vaad commented he supports leaving the 400-foot drilling envelope on the plat since
there is no written documentation from the oil and gas company indicating their position on the
matter. He stated this requirement is responsive to problems that have been encountered in the
past. Mr. Honn also requested Condition of Approval#1.K be clarified to specify the front, rear and
side slopes refer to the building footprint,rather than the envelope which is a larger area within which
a house is located. Mr. Carroll concurred with this request.
Commissioner Vaad moved to approve the request of Todd Muckier, 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 four (4) non-residential outlots, based on the
recommendation of the Planning staff,with the Conditions of Approval as entered into the record.
His motion also included all of the modifications as reviewed by staff, and to renumber or reletter
accordingly. The motion was seconded by Commissioner Long,and it carried unanimously. There
being no further discussion, the hearing was completed at 11:45 a.m.
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HEARING CERTIFICATION - TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS
(PF #594)
PAGE 5
This Certification was approved on the 13th day of September 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4 -�� /'L' EXCUSED DATE OF APPROVAL(a) 6 \i\Aca.„
0p1,= � Robert D. Masden, Chair
tea*"";:I. o �ty Clerk to the Board
`teat �,�``' _ l EXCUSED
William H. Jerke, Pro-Tern
® ` \, e puty Clerk to the Board EXCUSED DATE OF APPROVAL
M. J. �,, /
TAPE #2004-39 e ii
Davi E. Long UUU
DOCKET#2004-79
Glenn Vaad
2004-2802
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EXHIBIT INVENTORY CONTROL SHEET
Case PF #594 -TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Planning Staff Aerial Map of Drilling Windows
C.
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F.
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J.
K.
L.
M.
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V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF SEPTEMBER, 2004:
DOCKET#2004-81 -JER, A PARTNERSHIP
DOCKET#2004-79 -TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS
DOCKET#2004-78 -STENERSON, OLSON AND LOWRY DEVELOPMENT, LLC
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