HomeMy WebLinkAbout20022622.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker, along with the addition of Condition of Approval 1A, that the following resolution be
introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
CASE NUMBER: PZ-613
APPLICANT: Cattail Creek Group, LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot C of RE-2637; being part of the SW4 of Section 9, T6N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural) to PUD for 8 lots with Estate Zone
Uses and 1 lot with Agricultural Zone Uses along with 30.13 acres of open
space.
LOCATION: North of and adjacent to WCR 70 and approximately 800 feet east of WCR
29.
be recommended favorably to the Board of County Commissioners for the following reasons:
THE PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE
FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 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. The proposed site is not influenced
by an Inter-Governmental Agreement. The proposal is consistent with the aforementioned
documents as follows:
1) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which
includes a residential use should provide common open space free of buildings,
streets,driveways or parking areas. The common open space should be designed
and located to be easily accessible to all the residents of the project and usable for
open space and recreation...."
The application indicated 30.13 acres of open space surrounding Lots 1 thru 8.
Twenty(20)shares of Woods Lake Mutual has been allocated to irrigate the open
space.
2) Section 22-3-50.B.1, P.Goal 2"Require adequate facilities and services to assure
the health, safety and general welfare of the present and future residents of the
County." The proposed PUD will be serviced by North Weld County Water District
for potable water and fire protection requirements. Individual sewage disposal
systems will handle the effluent flow.
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.
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Section 27-2-20, Access standards—The applicant has proposed that the lots be served
by an internal gravel roadway. The Weld County Department of Public Works has
recommended that the internal roadway be paved.
(J. EXHIBIT
2002-2622
Resolution PZ-613
Cattail Creek LLC
Page 2
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the A(Agricultural)zone district for Lot 9. Lots 1 through 8 shall adhere to
the bulk requirement of the E (Estate)zone district except for minimum lot size which will
be one (1) acre.
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 not influenced by an Inter-Governmental Agreement. The City of
Greeley indicated in a referral dated July 26,2002 that the proposed PUD does not comply
with the policies and intent of the City's Comprehensive Plan and Resolution 7, 1985.
Further,the City has requested that should the PUD be approved that they recommend that
the interior roadway along with Weld County Road 70 be paved. They are also asking for
60 feet of right-of-way be reserved on Weld County Road 70.
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 II the Weld County Code.The proposed PUD will be serviced by North Weld County
Water District for potable water and fire protection requirements. The Weld County
Attorney's Office has approved the water agreement between North Weld and the applicant.
Individual sewage disposal systems will handle the effluent flow. The Weld County
Department of Public Health and Environment has indicated in a referral response dated
August 7, 2002 that the application has satisfied Chapter 27 of the Weld County Code in
regard to water and sewer service.
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 Weld County Public Works Department has reviewed the proposal and has determined
that the internal road right-of-way shall be sixty(60)feet in width including cul-de-sacs with
a sixty-five(65)foot radius,and dedicated to the public. The typical roadway section of the
interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on
the final plat. The cul-de-sac edge of pavement radius shall be fifty (50) feet. Further,
Public Works has required the applicant enter into an agreement with the County to
proportionately share the cost of improving Weld County Road 70 from the western most
access road, easterly to paved Weld County Road 31. The cost will be based on a
proportion of the traffic generated by the development to the existing traffic.
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.
The Weld County Public Works Department and Department of Planning Services shall
require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld
County Code for improvements to Cattail Creek PUD and all on-site improvements along
with a proportional share of the cost to improve Weld County Road 70.
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
Resolution PZ-613
Cattail Creek LLC
Page 3
mineral deposits, and soil conditions on the subject site.
The Weld County Department of Public Works stated that a final drainage report and
construction plans,conforming to the drainage report, shall be approved prior to recording
final plat. Further,Public Works has required that the drainage report document and review
FEMA maps to determine if flood hazards exist.
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. The applicant is requesting that the Final Plan be administratively reviewed.
The Department of Planning Services' staff concurs with this request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A(Agricultural)to PUD for 8 lots with Estate Zone Uses and 1 lot with Agricultural
Zone Uses along with 30.13 acres of open space is conditional upon the following:
3. Prior to the Board of County Commissioners hearing:
A. If Coal Bank Creek is associated with a ditch company, the applicant shall submit an
agreement with the ditch company stipulating that the ditch activities have been adequately
incorporated into the design fo the site or show evidence that an adequate attempt has
been made t mitigate the concerns of the ditch owners.
4. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PZ-613. (Department of Planning Services)
2) The Change of Zone plat sheets shall be renumbered in successive order with
sheet total given. (Department of Public Works)
3) The approved accesses to the 5-acre building envelope on Lot 9 shall be shown
on the Change of Zone plat. (Department of Public Works)
4) The applicant shall show on the Change of Zone plat a typical roadway section
meeting PUD criteria. The internal roadway right-of-way shall be 60-feet in width
including cul-de-sacs with a 65-foot radius,and dedicated to the public. The typical
roadway section of interior roadway shall 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. Evidence of Weld County Department of Public
Works approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Works)
5) The typical roadway cross-section shown on Sheet 2 (Rezoning Plat) must be
corrected to match that on Sheet 5. (Department of Public Works)
6) The Pavement Section on Sheet 5 shall show the required asphalt depth.
(Department of Public Works)
5. The Change of Zone is conditional upon the following and that each shall be placed on the Change
of Zone plat as notes prior to recording:
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Cattail Creek LLC
Page 4
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A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for
eight(8)lots with Estate Zone Uses except for minimum lot size which will be one (1)acre
and one (1) lot with Agricultural Zone Uses along with 30.13 acres of open space as
indicated in the application materials on file in the Department of Planning Services and
subject and governed by the Conditions of Approval stated hereon and all applicable Weld
County Regulations. (Department of Planning Services)
B. Water service shall be obtained from the North Weld County Water District. (Department
of Public Health and Environment)
C. This subdivision is in rural Weld County and 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. (Department of Public Health and Environment)
D. Preservation and/or protection of the absorption field envelopes shall require that
permanent landscaping, structures, dirt mounds or other items are expressly prohibited in
the absorption field site. (Department of Public Health and Environment)
E. If required,the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project. (Department of Public Health and Environment)
F. 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)
G. 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 which are technologically feasible and economically reasonable in order
to minimize dust emissions. (Department of Public Health and Environment)
H. If land development creates more than a 25 acre contiguous disturbance, or exceeds 6
months induration, 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)
I. A Home Owner's 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)
J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
K. Stop signs and street name signs will be required at all intersections.(Department of Public
Works)
L. All signs including entrance signs shall require building permits. Signs shall adhere to
Section 23-4-80 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services)
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Cattail Creek LLC
Page 5
M. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
N. Building permits shall be obtained prior to the construction of any building or structure.
(Building Inspection)
O. A plan review is required for each building except for buildings that meet the definition of
Ag Exempt buildings. 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.
(Building Inspection)
P. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 1997 UBC, 1998 IMC, 1997
IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Building Inspection)
Q. 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. (Building
Inspection)
R. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall
and opening protection and limitations shall be in accordance with UBC Table 5-A. (For
residential occupancies, walls shall be protected with one-hour fire resistive construction
within three feet of property lines and openings are not permitted within three feet of
property lines) Separation of buildings of mixed occupancy classifications shall be in
accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be
determined by the Zoning Ordinance. (Building Inspection)
S. Building height shall be measured in accordance with the 1997 Uniform 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 27 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. (Building Inspection)
T. A Flood Hazard Development Plan shall be submitted for buildings constructed within the
100-year flood plain. (Building Inspection)
U. 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)
V. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services' and Public Works 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)
W. 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)
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X. 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)
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Page 6
Y. 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 two (2) 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)
Z. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
6. The Change of Zone 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
Change of Zone plat map,the applicant shall submit a digital file of all drawings associated with the
Change of Zone 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)
7. At the time of Final Plan submission:
A. Weld County Road 70 is classified by the County as a local road and requires a 60-foot
right-of-way. This right-of-way shall be shown on the final plat. The existing 60-foot
right-of-way shall be verified by the applicant and the documents creating the right-of-way
noted on the final plat. If the right-of-way cannot be verified, it will be dedicated on the final
plat. (Department of Public Works)
B. The applicant will be required to enter into an agreement with the County to proportionately
share the cost of improving Weld County Road 70 from the western most access road,
easterly to paved Weld County Road 31. The cost will be based on a proportion of the
traffic generated by the development to the existing traffic. This agreement shall be
submitted with the final plat materials. (Department of Public Works)
C. The applicant shall provide a pavement design prepared by a professional engineer along
with the final plat submittal. (Department of Public Works)
D. Roadway and grading plans along with construction details will be required for the final plat.
(Department of Public Works)
E. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the final plat. (Department of Public Works)
F. The applicant shall submit an on-site(Private) Improvements Agreement with the final plat
application that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code. (Department of Planning
Services)
G. A final drainage report stamped, signed and dated by a professional engineer licensed in
the State of Colorado along with construction plans,conforming to the drainage report shall
be submitted with the final plat application for approval prior to recording the final plat. The
report shall address all issues indicated in the Weld County Department of Public Works
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Page 7
referral response dated July 31, 2002. (Department of Public Works)
H. The applicant shall show and name all irrigation systems in the development on the final
plat, including ditch easements. Any increased drainage into an irrigation system shall be
corroborated with the appropriate owner. The applicant shall provide a confirmation letter
from the ditch owner addressing these issues along with the final plat application.
(Department of Public Works)
The applicant shall submit a final Landscape Plan which addresses all issues listed on the
memorandum dated August 9 , 2002 from Kim Ogle, Planner III. (Department of Planning
Services)
J. Intersection sight distance triangles at the development entrance will be required. All
landscaping within the triangles must be less than 3feet in height at maturity,and noted on
the Landscape Plan. The bus shelter and mailbox kiosk must be place outside the
intersection sight distance triangles. (Department of Public Works)
K. The Weld County Department of Public Works has indicated that additional right-of-way
shall be required adjacent to the bus pullout area equivalent to the width of the pullout lane.
Eaton RE-2 School District has indicated that an eighty (80) foot by fifteen (15)foot bus
pullout shall be required.The applicant shall indicate on the plat a bus pullout area that will
satisfy both Public Works and the School District. The right-of-way will be dedicated on the
final plat. (Departments of Planning Services and Public Works)
L. Evidence shall be provided to Weld County Department of Planning Services from the
applicable Post Office stating that the proposed mail box location meets their design
standards and delivery requirements. Should a single pedestal mail box not be the
r-. preferred standard, written evidence from the applicable Post Office shall be provided
stating the contrary. (Department of Planning Services)
M. Additional information shall be submitted regarding the Bus Shelter.The information shall
include setbacks, road right-of-way encroachment, type of construction and foundation.
(Department of Building Inspection)
N. The applicant shall submit a time frame for construction in accordance to Section 27-2-200
of the Weld County Code. (Department of Planning Services)
O. Upon approval of an access location for the building envelope on Lot 9,the applicant shall
submit a request to a Weld County Building Technician for a lot address. The subdivision
street name and lot addresses shall be submitted to the Eaton Fire Protection District,the
Weld County Sheriff's Office and the Post Office for review. Written evidence of approval
shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
P. Irrigation water will be deeded to the Homeowners Association prior to recording the final
plat Written evidence shall be submitted to the Weld County Department of Planning
Services. (Department of Planning Services)
Q. The applicant shall submit development covenantsfor Cattail Creek PUD.Language for the
preservation and/or protection of the absorption field envelopes shall be placed in the
development covenants. The covenants shall state that activities such as permanent
landscaping, structures, dirt mounds or other items are expressly prohibited in the
absorption field site. (Department of Public Health and Environment)
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R. 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 format type
is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable).
Resolution PZ-613
Cattail Creek LLC
Page 8
(Dept. of Planning Services)
8. Prior to construction:
A. Stop signs and street name signs will be required at all intersections. (Department of Public
Works)
9. Prior to the release of any building permits:
A. Complete plans for the site shall be submitted for review by the Eaton Fire Protection
District. (Department of Planning Services)
Motion seconded by John Folsom
VOTE:
For Passage Against Passage Absent
Fred Walker
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on September 17, 2002.
Dated the 17`" of September, 2002.
Voneen Macklin
Secretary
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