HomeMy WebLinkAbout20040611.tiff RESOLUTION
RE: GRANT AMENDED CHANGE OF ZONE #613 FROM A (AGRICULTURAL) ZONE
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - CATTAIL
CREEK GROUP, LLC
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 24th day of March,2004,at 10:00 a.m.for the
purpose of hearing the application of Cattail Creek Group,LLC,do George DuBard,304 Immigrant
Trail, Windsor, Colorado 80550, requesting an Amendment to Change of Zone #613 from the
A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for eight(8)lots
with E(Estate)Zone uses,and one(1)lot with A(Agricultural)Zone uses,along with 7.19 acres of
open space, for a parcel of land located on the following described real estate, to-wit:
Lot C of Recorded Exemption#2637;being part of the
SW1/4 of Section 9, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Anne Best-Johnson,Todd Hodges Design,
LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Amended Change of Zone, 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 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.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 Intergovernmental Agreement,and the proposal is consistent with the
aforementioned documents as follows:
1) Section 22-2-190.D.2.b (PUD.Policy 4.2) states, "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
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AMENDED CHANGE OF ZONE #613 FROM A (AGRICULTURAL) TO PUD - CATTAIL CREEK
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open space and recreation...." Section 27-2-60 of the Weld County
Code,which addresses common open space requirements,states,
.. in nonurban scale developments with a minimum eighty-acre
agricultural outlot,the preservation of the agricultural outlot may be
considered to meet the intent of the common open space
requirement." The application includes 109.56 acres to be used for
agricultural purposes. All buildings will be required to be located in
the adjacent five(5)acre building envelope. The applicant has also
included 7.19 acres of open space, which includes a landscaped
area, to buffer the adjacent home to the west.
2) Section 22-3-50.B.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 proposed PUD will
be serviced by the North Weld County Water District for potable
water and fire protection requirements. Individual sewage disposal
systems will handle the effluent flow.
3) Section 22-2-60.D(A.Goal 4)states,"Conversion of agricultural land
to nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be
compatible with the region." The referral agencies have indicated
that the proposal can be supported in this area. Further, the
applicant has considered landscaping, building envelopes, road
placement, and the retention of a 114-acre agricultural lot in an
attempt to remain compatible with the region.
b. Section 27-6-120.D.5.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—The applicant has proposed
that the lots be served by an internal, paved roadway built to County
standards.
2) Section 27-2-35,Buffering and screening—The application includes
a strip of landscaped open space along the west side of the
proposed Estate lots to help minimize the impact on the adjacent
home. The applicant has also included building envelopes to
maximize the distance that the homes can be built from the adjacent
properties.
3) 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 requirements of
the E (Estate) Zone District.
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4) The applicant has also 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.D.5.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 City of Greeley and Towns of Eaton and
Severance are all within the three-mile referral area. All indicated no conflicts
with their interests.
d. Section 27-6-120.D.5.d -- The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter27,Article II,the Weld County Code.The
proposed PUD will be serviced by the North Weld County Water District for
potable water and fire protection requirements.The Weld CountyAttorney's
Office has approved the water agreement between the North Weld County
Water District 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 January 20, 2004,
that the application has satisfied Chapter 27 of the Weld County Code in
regard to water and sewer service.
e. Section 27-6-120.D.5.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 Weld County Department of 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.D.5.f--Conditions of Approval have been included which
require the applicant to enter into an Improvements Agreement in
accordance with Section 27-6-120.6.f of the Weld County Code for all on-site
improvements to Cattail Creek PUD,along with a proportional share of the
cost to improve Weld County Road 70.
g. Section 27-6-120.D.5.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
subject site. A portion of the property along the eastern edge lies with the
100-yea r flood plain. The applicant has indicated a 200-foot setback from the
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ditch for all structures and septic envelopes.The Weld County Department
of Public Works has required that the final drainage report take the floodplain
into account. Effective January 1, 2003, Building Permits issued on the lot
will be required to adhere to the fee structure of the County-Wide Road
Impact Program.
h. Section 27-6-120.D.5.h -- The submitted Specific Development Guide
accurately reflects 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 concurs with this request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cattail Creek Group, LLC, c/o George DuBard, for an
Amendment to Change ofZone#613from the A(Agricultural)Zone District to the PUD(Planned Unit
Development) Zone District for eight (8) lots with E (Estate) Zone uses, and one (1) lot with A
(Agricultural)Zone uses,along with 7.19 acres of open space, on the above referenced parcel of
land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Amended Change of Zone plat:
A. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled AMPZ-613.
2) The bus shelter and mail kiosk shall be placed within open space and
not upon Lot 1.
3) Internal roads shall meet Weld County criteria for a PUD. 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 Amended
Change of Zone plat. The cul-de-sac edge of pavement radius shall
be 50-feet. Stop signs and street name signs will be required at all
intersections.
4) If a Surface Use Agreement is reached with Bonanza Creek Oil
Company, the plat shall indicate the agreed upon drilling envelope
locations, including setbacks. If an agreement is not reached, the
plat shall indicate the four 400-foot by 400-foot drilling envelopes and
the one 800-foot by 800-foot drilling envelope location per State
statute.
B. Weld County Road 70 is classified by the County as a local road and
requires a 60-foot right-of-way. The applicant shall verify the right-of-way and
the documents creating the right-of-way shall be noted on the Amended
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Change of Zone plat. If the right-of-way cannot be verified, it shall be
dedicated on the Final Plat.
2. The Amended Change of Zone is conditional upon the following and that each shall
be placed on the Amended Change of Zone plat as notes prior to recording:
A. The Amended Change of Zone#613 is from the A(Agricultural)Zone District
to the PUD (Planned Unit Development)Zone District for eight(8) lots with
E (Estate)Zone uses,and one(1)lot with A(Agricultural)Zone uses, along
with 7.19 acres of open space, 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. Water service shall be obtained from the North Weld County Water District.
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.
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.
E. 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.
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 Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
G. 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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
H. 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
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apply for a permit from the Colorado Department of Public Health and
Environment.
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.
J. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
K. Stop signs and street name signs will be required at all intersections.
L. 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.
M. All landscaping within the sight triangles must be less than 3.5 feet in height
at maturity.
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
O. The applicant shall provide a pavement design prepared by a professional
engineer to be submitted at the time road subgrade has been established.
The Engineering Geology Report for proposed Cattail Creek PUD, dated
March 18, 2003, by Church & Associates, Inc., stated a geotechnical
investigation is recommended for the roadway/pavement structure with
respect to soil, groundwater, and traffic conditions.
P. Building is prohibited within the 200-foot setback from the seepage area.
Q. Building shall follow recommendations made in the Engineering Geology
Report, dated March 18, 2003, by Church & Associates, Inc.
R. The developer shall provide future property owners with a copy of the
Engineering Geology Report, dated March 18, 2003, by Church &
Associates, Inc.
S. Building Permits shall be obtained prior to the construction of any building or
structure, including the bus shelter.
T. 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.
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U. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current codes include the 2003
International Building, Residential, Mechanical, Plumbing and Fuel Gas
Codes, effective on March 1, 2004.
V. 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.
W. Building height,protection of walls and openings,and separation of buildings
of mixed occupancy shall be in accordance with the Building Code. Setback
and offset distances shall be determined by Chapter 23 of the Weld County
Code.
X. Building height shall be measured in accordance with the 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.
Offset and setback requirements are measured to the farthest projection
from the building.
Y. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
Z. 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 Development Standards stated herein and all applicable
Weld County regulations.
AA. The site shall maintain compliance,at all times,with the requirements of the
Weld County government and adopted Weld County Code and policies.
BB. No development activity shall commence,nor shall any Building Permits be
issued on the property until the Final Plan has been approved and recorded.
CC. 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
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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.
DD. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Amended 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 Amended Change of Zone plat map,the applicant
shall submit a digital file of all drawings associated with the Amended 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).
4. At the time of Final Plan:
A. Weld County Road 70 is classified by the County as a local road and
requires a 60-foot right-of-way. If the applicant is unable to verify the
right-of-way and the documents creating the right-of-way at the Amended
Change of Zone, the right-of-way shall be dedicated on the final plat.
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. This agreement shall be approved by the Weld County Board of
Commissioners prior to recording the final plat.
C. Additional right-of-way shall be required adjacent to the bus pullout area
equivalent to the width of the pullout lane. The right-of-way will be dedicated
on the final plat.
D. Roadway and grading plans,along with construction details,will be required
with the final plan submittal.
E. Easements shall be shown in accordance with County standards and Utility
Board recommendations, also dimensioned on the final plat.
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
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County Code. This agreement shall be approved by the Weld County Board
of Commissioners prior to recording the final plat.
G. A final drainage report stamped, signed, and dated by a professional
engineer licensed in the state of Colorado shall be submitted with the final
plan application. The 5-year storm and 100-year storm drainage studies
shall take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of
the 100-year storm developed condition while releasing the 5-year storm
existing condition.
H. The final drainage report shall include a flood hazard review documenting
any FEMA defined floodways. The engineer shall reference the specific map
panel number,including date. The development site shall be located on the
copy of the FEMA map.
The applicant shall prepare a construction detail for typical lot grading with
respect to drainage at final plan. Front,rear,and side slopes around building
envelopes 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, while taking into account adjacent drainage mitigation.
J. Final drainage construction and erosion control plans, conforming to the
drainage report, shall be submitted with the final plan application.
K. 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.
L. Intersection sight distance triangles will be required at the development
entrance. All landscaping within the triangles must be less than 3.5 feet in
height at maturity, and noted on the roadway plan. The bus shelter and
mailbox kiosk must be place outside the intersection sight distance triangles.
M. 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 School District RE-2 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 the
Department of Public Works and the School District. The right-of-way will
be dedicated on the final plat.
N. Evidence shall be provided to the Weld County Department of Planning
Services from the applicable Post Office stating that the proposed mail box
location meets its design standards and delivery requirements. Should a
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single pedestal mail box not be the preferred standard,written evidence from
the applicable Post Office shall be provided stating the contrary.
O. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
P. The applicant shall submit a request to a Weld County Building Technician
for an address for Lot 9. The interior roadway name was not indicated on the
plat. North/south running roadways shall be designated "Way' or "Drive.
The subdivision street name and lot addresses shall be submitted to the
Eaton Fire Protection District,the Weld County Sheriff's Office, Paramedic
Services,and the Post Office for review. Written evidence of approval shall
be submitted to the Weld County Department of Planning Services.
Q. 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.
R. The applicant shall submit development covenants for 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 specifically state that activities such as permanent landscaping,
structures, dirt mounds, or other items are expressly prohibited in the
absorption field sites. Further,the fencing recommendations indicated by the
Colorado Division of Wildlife shall be incorporated.
S. The applicant shall submit information regarding the creation of the
Homeowners' Association.
T. Prior to recording,the applicant shall submit evidence that all requirements
listed in the referral dated January 8,2004,from Eaton School District RE-2
have been met.
U. The applicant shall submit a Landscape and Buffering Plan for review and
approval which addresses the following:
1) Proposed plantings include a seed mixture recommended by NRCS;
2) Method of irrigating lots and open space;
3) Construction plans for the bus shelter;
4) A proposed Weed Management Plan approved by Ron Broda,Weld
County Weed Specialist;
5) A Sign Plan in accordance with Section 27-6-90.E.1 of the Weld
County Code.
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V. The applicant shall submit a digital file of all approved 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).
5. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
6. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W D CO NTY, COLORADO
ATTEST: atedeil1 , t1≥\ \, �, �— (AYE)
Robert D. Masden, Chair
Weld County Clerk to th't=o• 0'` •s'
Iasi (' Stamp a� AYE
:1e
'�u�:�` William H. ke, Pro-Tem
BY:
Deputy Clerk to the Ba (� � AYE
. J. Ile
A O D A M: 6 O NAY
David E. Long
6unty At y AYE
Glenn Vaad
Date of signature: VIao
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