Agenda Item # Action: x Agenda Title: Settler s Village Fourth Filing Minor Subdivision

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Maryann Lawrence
5 years ago
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1 TOWN OF MILLIKEN TOWN BOARD AGENDA MEMORANDUM To: Mayor Lichtfuss and Board of Trustees Meeting Date: From: Steve House, Community Development Director Via: Jim Burack, Town Administrator Wednesday, December 10, 2008 Agenda Item # Action: x Discussion: Agenda Title: Settler s Village Fourth Filing Minor Subdivision Information: Attachments: Excerpt from Town Board Meeting Minutes February 27, 2007 Excerpt from Planning Commission Meeting Minutes March 5, 2008 Excerpts from Covenants regarding Parking Landscaping Deficiencies Letter Façade Deficiencies Letter Maps PURPOSE To review and approve the Settler s Village Fourth Filing Minor Subdivision. Location: Applicants: Existing Land Use: Proposed Land Use: Surrounding Land Use: Existing Zoning: Proposed Zoning: BACKGROUND STAFF REPORT/BACKGROUND INFORMATION North: South: East: West: 1740 Broad Street (southeast of Broad Street and Alice) Reeves Development, LLC and Houma Dollar Commercial (Dollar General Store) Commercial (Dollar General Store) (Broad Street) Parking and commercial Undeveloped Commercial and Undeveloped (Alice Street) Parking and residential PUD (commercial) Not Applicable Land Use Plan Designation: Mixed Use Highway 60

2 The applicant has requested a minor subdivision of the Settler s Village Subdivision to create a legal lot for the Dollar General Store located at Building Site C of the Approved Trader s Junction Development. The Dollar General Store was previously approved through the Town of Milliken s site plan approval process. However, the property did not go through the formal subdivision process prior to site plan approval and sale of the property. This application was before both the Planning Commission (February 20, 2008 and March 5, 2008) and Town Board (February 27, 2008) and was continued indefinitely by the Planning Commission until the applicant complied with conditions needed for approval. The conditions were: 1. The applicant address the issue of adequate parking for the Dollar General Store in the covenants for the entire Commercial Development known as Trader s Junction. 2. Create a permanent access easement to the lot. The applicant has addressed both of the issues listed above. There are also deficiencies in both the façade and landscaping improvements from the approved Site Plan, as of the writing of the Agenda Memo neither the façade or landscape deficiencies have been completely corrected.. The façade deficiencies described in the enclosed letter dated May 9, 2008 have not been corrected by the applicant. Correction of the deficiencies were suggested by staff as a condition of recommendation by the Planning Commission. The Planning Commission chose not to recommend this as a condition of approval because of the hardship it presented to the applicant. The applicant has corrected some of the landscape deficiencies described in the enclosed letter dated February 13, 2008 but not all of them. The corrections that have been made are: 1. The applicant has submitted a letter to the Town attesting to the irrigation system being installed and working. (Item 1 in the letter) 2. The applicant has installed the bike racks. Please note these are a different style and located in a different spot than was indicated on the approved Site Plan. (Item 4 in the letter) 3. While the existing shrubs and ground cover do not match what was shown on the landscape plan, the type and number of plants of the majority of the landscape areas meets with the intent of the approved Site Plan and Land Use Code landscaping requirements. (Item 5 in the letter) The items that have not been corrected from the letter are 2 and 3. Item 2: The applicant planted two (2) of the three (3) Spring Snow Crabapples in the front of the store, however these are located in a different location than was indicated on the approved Site Plan. Item 3: The trees are not wrapped nor are they guyed. The applicant did add mulch directly around the individual plants and trees in and amongst the rock.

3 Correction of the deficiencies were suggested by staff as a condition of recommendation by the Planning Commission. During the Planning Commission public hearing on Wednesday, November 19, 2008 the applicant indicated that they had corrected all of the landscape deficiencies. BUDGET IMPLICATIONS There are no budget implications to this action. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the amended Settler s Village Fourth Filing Minor Subdivision to the Town Board with the following conditions: 1. The amended covenants regarding adequate parking are recorded with Weld County at the time the Final Plat is recorded. 2. Prior to the Town Board public hearing on December 10, 2008 all redlined technical comments regarding the Plat Maps are corrected. The applicant has made the redlined technical corrections to the Plat Maps and the corrected Plat Maps are enclosed. SUGGESTED MOTION I move to approve the Settler s Village Fourth Filing Minor Subdivision with the following condition: 1. The amended covenants regarding adequate parking are recorded with Weld County at the time the Final Plat is recorded. 2. The parking and loading areas to the rear of the building be striped as shown on the approved site plan.

4 Town Board Meeting Minutes February 27, 2008

1101 BROAD ST, MILLIKEN CO 80543 (970)587-4331 COMMUNITY DEVELOPMENT May 9, 2008 Mr. Aston Jensen Mr. Daryl Khoury Mr. Michael Matt Reeves Development, LLC 825 Ryan St.

9 1101 BROAD ST, MILLIKEN CO (970) COMMUNITY DEVELOPMENT May 9, 2008 Mr. Aston Jensen Mr. Daryl Khoury Mr. Michael Matt Reeves Development, LLC 825 Ryan St. 2 nd Floor Lake Charles, LA I have finished a site review of the Dollar General project and there are deficiencies on the site and the building as compared to the approved site plan documents. In regard to the landscaping deficiencies, I have asked Jim Doyle for his assessment, in writing, of the landscaping as to whether it meets the approved site plan in terms of the standards for installation-tree wraps, soil preparation, a working irrigation system- and species of trees and shrubs. Also, it appears the Hushes Junipers and Heather Reed Grass was not installed at the northwest corner of the building. Front Elevation - -The EIFS finish is not scored and colored as per the plan ( C, 3-0 x 1-4 Grid). -The number and type of light fixtures are not consistent with the plan. -There is no metal canopy with a standing seam roof -Handicapped signs (2) are not consistent with the plan Left Elevation- -The cultured stone is not applied at the rear corner -The EIFS finish is not scored and colored as per the plan ( C, 3-0 x 1-4 Grid). -The number and type of light fixtures are not consistent with the plan. Right Elevation- -The cultured stone is not applied at the rear corner. -The EIFS finish is not scored and colored as per the plan ( C, 3-0 x 1-4 Grid). -The number and type of light fixtures are not consistent with the plan. Rear Elevation- -There are no metal canopies (standing seam) over the exit doors -Trash enclosure doors are not painted as per the plan. -Trash enclosure walls do not have the Cultured Stone-Lake Erie Limestone. -The EIFS finish is not scored and colored as per the plan ( C, 3-0 x 1-4 Grid). -The cultured stone is not applied at the corners. -The green metal canopy is not installed on the roof. -Parking spaces and loading area are not striped as per the plan. These deficiencies need to be corrected before the Town can approve any additional improvements to the site or approve any actions such as a minor subdivision of the property.

10 Sincerely, Steve House C: Jim Doyle, Tetra Tech Sheryl Trent, Town Administrator Beatriz Rangel, Building Permit Clerk Ken Kidd, Building Official

11 Town Hall, 1101 Broad St. Milliken, CO (970) February 13, 2008 Mr. Ashton Jensen and Mr. Mike Reeves Reeves Development, LLC 825 Ryan Street, 2 nd Floor Lake Charles, LA RE: Compliance with Dollar General Landscaping Plan Dear Mr. Jensen and Mr. Reeves: On February 6, 2008 we conducted a site inspection of the Dollar General landscaping. It appears that the landscaping has not been installed consistent with the landscape plan. Landscape Plan Requirement Actual Installation 1. Note 5: All trees and shrubs to be drip irrigated. All landscaped areas to have a permanent underground irrigation system. Contractor to provide as-builts areas to the developer. (Cost estimate: $4,500 + labor) 2. Four 1½ caliper Spring Snow Crabapples in grates on the front of the building. (Four tree grate frames: $500, two Spring Snow Crabapples approximately $400). 3. Tree planting details : Wrap trunk from ground level to second branch with 4 kraft type tree wrap. Trees should have minimum 6 long heavy duty t-bar with white t-post caps and 17 gauge galvanized steel wire guys secured to trees. (No cost estimate for guying.) 4 wood chip mulch at edge. ($850) Backfill mixture: soil amendment, topsoil, native soil and superphosphate amendment. (No cost estimate for soil amendments.) Install a 5 high berm around trees to create a watering basin. Remove berm after two thorough watering in irrigated areas and mulch. No as-builts were submitted to the Town. The irrigation system does not function. 2 Spring Snow Crabapples were not installed on the northeast corner of the building. None were installed in the metal grates. Verify that the caliper is 1½ trees appear very small. Trees are not wrapped nor are they guyed. Wood chip mulch is not evident (trees are surrounded by large river rock). Please provide evidence what kind of backfill mixture was used. There is no watering basin berm around the trees. 4. Two bike racks near the north store entrance. No bike racks have been installed Pampas Grass, 17 Feather Reed Grass, 13 Calgary Carpet Junipers. Species may be substituted to reflect current plant material available. All substitutions must be approved by Many of the existing shrubs are not consistent with what was shown in the landscape plan. For example, tree in the northwest corner

12 the landscape architect. should have 3 Junipers and 3 Feather Reed Grasses, instead there are 6 Junipers there. Please provide evidence that the landscape architect approved all substitutions. Please provide us a letter describing how you have rectified each of the above discrepancies from the landscape plan. Please feel free to contact us if you have any questions. Sincerely, TOWN OF MILLIKEN Beatriz Rangel Building Permit Technician Danna Ortiz Town Planner

Agenda Item # Action: x Agenda Title: Settler s Village Fourth Filing Minor Subdivision

Agenda Item # Action: x Agenda Title: Settler s Village Fourth Filing Minor Subdivision TOWN OF MILLIKEN TOWN BOARD AGENDA MEMORANDUM To: Chairman Ekwall and Members of the Planning Commission From: Steve House, Community Development Director Meeting Date: Wednesday, November 19, 2008 Agenda