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Home My WebLink About20041983.tiff PUD FINAL PLAT WUDc. ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-613 PLANNER: S Lockman APPLICANT: Cattail Creek Group, LLC c/o George DuBard ADDRESS: P.O. Box 68, Windsor, Colorado 80550 REQUEST: Cattail Creek PUD Final plat for eight (8) lots with Estate Zone Uses and (1)one lot with Agricultural Zone Uses along with 30.13 acres of open space. LEGAL Lot C of RE-2637, being part of SW4 of Section 9, T6N, R66W of the 6th P.M., Weld DESCRIPTION: County, Colorado LOCATION: North of and adjacent to County Road 70 and approximately 800 feet east of County Road 29 ACRES: 161.34 +/- PARCEL NUMBER: 0805 09 000055 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS APPROVAL OF THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That 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 --"Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." Also, Section 22-2-60.D.2, A.Policy 4 states "Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County."The applicant has retained a 114.56 acre lot for agricultural uses. 2) The application proposes non-urban scale development as defined by Section 27-2-140 of the Weld County Code. Section 27-2-140 defines non-urban scale development as "...developments comprising of nine (9) or fewer residential lots, located in a non-urban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors." 3) 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 homes will be serviced by North Weld County Water District and individual Sewage Disposal Systems. The Weld County Department of Public Health and Environment has indicated that the proposal does meet current Health Department policy and the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer. 2004-1983 PF-613,Cattail Creek PUD 1 4) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. B. Section 27-7-40.C.2--That 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.The applicants have met the 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 (Public Road Maintenance). 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.C.3--That the uses which would 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 Inter-Governmental Agreement. The City of Greeley and Towns of Severance and Eaton are within the three mile referral area. The City of Greeley and the Town of Eaton indicated no conflict with the proposal.The Town of Severance did not respond to the referral request for the final plan. However, Severance did indicate no conflict with the proposal at the Change of Zone phase. D. Section 27-7-40.C.4--That 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 Article II, Chapter 27 of the Weld County Code.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. The Weld County Department of Public Health and Environment has indicated that the proposal does meet current Health Department policy and the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer. E. Section 27-7-40.C.5 -- 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 applicant has submitted an Agreement for Improvements for County Road 70 Road Stabilization for Dust Control,which has been reviewed and accepted by Public Works. The Agreement will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. F. Section 27-7-40.C.6—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. The applicants have submitted an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance). The Improvements Agreement will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. G. Section 27-7-40.C.7 -- That 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. Conditions of Approval and Development Standards ensure that soil conditions shall be considered when placing structures or Individual Sewage Disposal Systems.A strip of the property along the east boundary line lies within the 100 year flood plain. A 200 foot setback has been indicated on the plat to ensure no structures are endangered. Further, drilling envelopes have been indicated on the plat to ensure oil and gas interests have been protected. PF-613,Cattail Creek PUD 2 H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. The Department of Planning Services'recommendation for approval is conditional upon the following: 1. Prior to recording the PUD Final Plat: A. All pages of the plat shall be labeled PF-613. (Department of Planning Services) B. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance). This agreement shall be approved by the Board of County Commissioners. (Departments of Planning Services and Public Works) C. The applicant shall enter into an Agreement for Improvements for County Road 70 Road Stabilization for Dust Control. This agreement shall be approved by the Board of County Commissioners. (Department of Public Works) D. The applicant shall submit three(3)additional sets of final roadway,drainage,utility/construction plan drawings (stamped, signed, and dated)to Public Works for Weld County Field Inspectors' use during construction of the subdivision. (Department of Public Works) E. The applicant shall submit evidence that the required $9,387 cash-in-lieu fee has been paid to the Eaton School District. (Department of Planning Services) F. The applicant shall submit evidence that the irrigation water has been deeded to the Home Owners Association. (Department of Planning Services) G. The Restrictive Covenants shall be amended as follows: 1) Section 9.s. (Water and Sewer) shall be amended to state that activities such as permanent landscaping,structures,dirt mounds or other items are expressly prohibited in the absorption field sites. (Department of Public Health and Environment) H. The Plat shall be amended to include the following: 1) As required by the Weld County Utility Advisory Committee, utility easements shall be extended through the open space adjacent to Lots five and six.(Utility Advisory Committee) I. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Home Owners Association Incorporation paperwork for Cattail Creek. Any changes requested by the Weld County Attorney's Office shall be incorporated into the covenants. (Department of Planning Services) J. The applicant shall submit finalized copies and the appropriate fee($6 for the first page and $5 for each additional page)for recording the Restrictive Covenants and Home Owners Association Incorporation paperwork for Cattail Creek in the Office of the Clerk and Recorder. (Department of Planning Services) K. Final roadway, drainage, utility / construction plan drawings, by Dennis R. Messner, P.E., of Messner Engineering Inc.shall be resubmitted. 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. (Department of Public Works) PF-613,Cattail Creek PUD 3 L. Section 23-4-80 of the Weld County Code allows for a thirty-two(32)square foot entrance sign. The application indicates a 40 square foot sign.The sign shall be decreased to thirty-two square feet. (Department of Planning Services) M. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) N. 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 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).(Department of Planning Services) 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 Plat allows for Estate Zone uses on Lots 1 through 8 and Agricultural Zone uses on Lot 9 along with-Tr49-acres of open space as indicated in the application materials on file in the /3✓ Department of Planning Services and subject and governed by the Conditions of Approval stated 7•I hereon and all applicable Weld County Regulations. (Department of Planning Services) B. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) C. Water service shall be obtained from the North Weld County Water District. (Department of Public Health and Environment) D. 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) E. 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) F. 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) G. 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) H. 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) PF-613,Cattail Creek PUD 4 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) J. 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) K. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services) L. Stop signs and street name signs will be required at all intersections. (Department of Public Works) M. All signs including entrance signs shall require building permits.Signs shall adhere to Section 23- 4-70 and 27-6-90 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) N. All landscaping within the sight distance triangles must be less than 3%feet in height at maturity. (Department of Planning Services) O. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) P. Addresses shall be plainly visible and legible from Bulrush Drive. (Eaton Fire District) Q. 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. (Department of Public Works) R. Building is prohibiting within the 200-foot setback from the Coal Bank Draw. (Department of Public Works) S. Building shall follow recommendations made in the Engineering Geology Report, dated March 18, 2003, by Church &Associates, Inc. (Department of Planning Services) T. The developer shall provide future property owners with a copy of the Engineering Geology Report, dated March 18, 2003, by Church &Associates, Inc. (Department of Public Works) U. Shallow groundwater may interfere with basement construction and foundation depths(full-depth basements may not be feasible). (Department of Public Works) V. Effective January 1,2003,Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) W. At time of construction of the first home,the United States Postal Service has indicated that they will install a neighborhood delivery box. The delivery box shall be located within the open space at the pull off adjacent to County Road 70.Any other location will require approval from the Weld County Departments of Planning Services and Public Works.(Department of Planning Services) X. Building permits shall be obtained prior to the construction of any building or structure, including the bus shelter. (Department of Building Inspection) PF-613,Cattail Creek PUD 5 Y. 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. (Department of Building Inspection) Z. 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 Building Code, 2003 International Mechanical Code,2003 International Plumbing Code,2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) AA. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed bya Colorado registered engineer.Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) BB. Building height shall be limited to the maximum height allowed per Table 503 of the International Building Code.Wall and opening protection and limitations shall be in accordance with Table 503. Separation of buildings of mixed occupancy classifications shall be in accordance with Table 302.3.2 and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) CC. Building height shall be measured in accordance with the 2004 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. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) DD. 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) EE. 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. (Department of Planning Services) FF. The site shall maintain compliance at all times with the requirements of the Weld County Government, and adopted Weld County Code and Policies. (Department of Planning Services) GG. 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. HH. Section 27-8-80.B of the Weld County Code-Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. PF-613,Cattail Creek PUD 6 3. Prior to construction: A. Stop signs and street name signs will be required at all intersections. (Department of Public Works) 4. 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) 5. Upon completion of 1 and 2 above, the applicant shall submit two (2) 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 Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. 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. 6. 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. PF-613,Cattail Creek PUD 7 DEPARTMENT OF PLANNING SERVICES rs tZt;;;# PHONE (970) 353-6100, EXT.3540 FAX N. 1970)7TH 304-6AVENUE 9E 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 'ilk COLORADO June 2, 2004 Cattail Creek Group c/o Todd Hodges 1269 N. Cleveland Ave Loveland CO 80537 Subject: PZ-613- Request for approval of a Planned Unit Development Final Plan for eight (8) lots with Estate Zone Uses and one (1) lot with Agricultural Zone Uses along with 30.13 acres of open space on a parcel of land described as Lot C of RE-2637; Pt of SW4 of Section 9, T6N, T66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, July 8, 2004, at 10:00 a.m. This meeting will take place in the Weld County Planning Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Eaton, Greeley and Severance Planning Commission for their review and comments. Please call Eaton at 970-454-3338, Greeley at 970-350-9780 and Severance at 970-686- 1218, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, Sheri Lockman Planner BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS July 6, 2004 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR PF-613 IN THE AGRICULTURAL ZONE DISTRICT. Rick Deakins Name of Person Posting Sign Sigof r n osting Sign STATE OF COLORADO )ss. COUNTY OF WELD 1 The foregoing instrument was subscribed and sworn to me this 6 day ofK C.'l_ '/ , 2004. 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P r 3E:N" 101611 a. 46. ills e a '• let. _ e l •. .f - �. 4i S .._ .... .. _.... . ai_ .. �:. . , .. ..,,:.. , ,,.... ..,,,,,. ....„. . i r. �. l�.--r " ...... . fir' f _M im i " ''� '.,._ _.. + p• •1 , • • • • • t, `4t , • • 1} �� • t v T3t . - k r• • t , ..A. , . f d 1. • ) M 4 . t .4S..4 . tiff qa'7 Gry j`'. • � � � ,� a r,. . .P• '• .� 00 • • 1....:— 'S 'l, . — - . i — :1 Jar { J � -•L sa i_.; i . . p ,`TM . • , � Hr f,• � Y7t//j1i• ,� � Y �� , I 1 - FIELD CHECK inspection date: July 6, 2004 CASE NUMBER: PF-613 APPLICANT: Cattail Creek Group, LLC do George DuBard LEGAL DESCRIPTION: Lot C of RE-2637, being part of SW4 of Section 9, T6N, R66W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to County Road 70 and approximately 800 feet east of County Road 29 Zoning Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural / Residential S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural / Residential COMMENTS: A pivot sprinkler in located on the agricultural lot. A ditch runs along the east property line. Surrounding properties are agricultural in nature with homes in close proximity. l 1411 Sheri Lockman , Planner II Hello