HomeMy WebLinkAbout20041982.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN,PF#613,FOR EIGHT(8)LOTS WITH E(ESTATE)ZONE USES AND ONE
(1)LOT WITH A(AGRICULTURAL)ZONE USES,ALONG WITH APPROXIMATELY 7.1
ACRES OF OPEN SPACE - 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 21st day of July, 2004, at 10:00 a.m. for the
purpose of hearing the application of Cattail Creek Group, LLC,Go George DuBard,304 Immigrant
Trail, Windsor, Colorado 80550, requesting a Site Specific Development Plan and Planned Unit
Development Final Plan, PF#613,for eight(8)lots with E (Estate)Zone uses and one(1)lot with
A(Agricultural)Zone uses, along with approximately 7.1 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
SW114 of Section 9, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the hearing to
August 18, 2004, to allow staff adequate time to publish a corrected legal notice, and
WHEREAS, on August 18, 2004, the applicant was represented at said hearing by
Anne Best-Johnson,Todd Hodges Design,LLC, 1269 North Cleveland Avenue,Loveland,Colorado
80537, and
WHEREAS,Section 27-7-40 of the Weld County Code provides standards for review of such
a Planned Unit Development Final Plan, 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 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D as follows:
a. Section 27-7-40.D.2.a--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)states,"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)
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PUD FINAL PLAN, PF#613 - CATTAIL CREEK GROUP, LLC
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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)states, "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 the 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.
4) The proposed site is not influenced by any intergovernmental
agreements or the Mixed Use Development area.
b. Section 27-7-40.D.2.b--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.D.2.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 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.D.2.d --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 Chapter 27,Article II,of the
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Weld County Code. 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. 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.D.2.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 applicant has submitted an Agreement for Improvements
for Weld County Road 70 Road Stabilization for Dust Control, which has
been reviewed and accepted by the Department of 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.D.2.f— 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
of the Weld County Code, 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.D.2.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. The Conditions of Approval 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
floodplain. 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.
h. Section 27-7-40.D.2.h--The proposed PUD Final Plan uses are compatible
with the criteria listed in the Developmental Guide.
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 a Site
Specific Development Plan and Planned Unit Development Final Plan, PF#613,for eight(8) lots
with E (Estate) Zone uses and one (1) lot with A (Agricultural) Zone uses, along with
approximately 7.1 acres of open space,on the above referenced parcel of land be, and hereby is,
granted subject to the following conditions:
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1. Prior to recording the PUD Final Plat:
A. All pages of the plat shall be labeled PF-613.
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.
C. The applicant shall enter into an Agreement for Improvements for Weld
County Road 70 Road Stabilization for Dust Control. This agreement shall
be approved by the Board of County Commissioners.
D. The applicant shall submit evidence that the required$9,387 cash-in-lieu fee
has been paid to the Eaton School District.
E. The applicant shall submit evidence that the irrigation water has been deeded
to the Homeowners' Association.
F. 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.
G. 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 5 and 6.
H. 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 Homeowners'Association Incorporation paperwork for Cattail
Creek in the Office of the Clerk and Recorder.
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.
J. 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).
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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 E (Estate) Zone uses on Lots 1 through 8, and
A(Agricultural)Zone uses on Lot 9, along with approximately 7.1 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. Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
C. Water service shall be obtained from the North Weld County Water District.
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.
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.
F. If required, the applicant shall obtain a Stormwater 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.
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.
H. 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.
I. If land development creates more than a 25-acre contiguous disturbance,or
exceeds six (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.
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J. 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.
K. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
L. Stop signs and street name signs will be required at all intersections.
M. 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.
N. All landscaping within the sight distance triangles must be less than 3.5 feet
in height at maturity.
O. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
P. Addresses shall be plainly visible and legible from Bulrush Drive.
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.
R. Building is prohibiting within the 200-foot setback from the Coal Bank Draw.
S. Building shall follow recommendations made in the Engineering Geology
Report, dated March 18, 2003, by Church & Associates, Inc.
T. The developer shall provide future property owners with a copy of the
Engineering Geology Report, dated March 18, 2003, by Church &
Associates, Inc.
U. Shallow groundwater may interfere with basement construction and
foundation depths (full-depth basements may not be feasible).
V. Effective January 1,2003, Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
W. At time of construction of the first home, the United States Postal Service
has indicated that it will install a neighborhood delivery box. The delivery box
shall be located within the open space at the pull off adjacent to Weld County
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Road 70. Any other location will require approval from the Weld County
Departments of Planning Services and Public Works.
X. Building Permits shall be obtained prior to the construction of any building or
structure, including the bus shelter.
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.
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.
AA. 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.
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.
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.
DD. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
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.
FF. The site shall maintain compliance at all times with the requirements of the
Weld County Government, and adopted Weld County Code and Policies.
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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 27-8-80.6 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.,C.R.S.
3. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
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.
5. Upon completion of Conditions of Approval #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 the Department of Planning Services. 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.
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PUD FINAL PLAN, PF#613 - CATTAIL CREEK GROUP, LLC
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
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44
Robert D. Masden, Chair
4 ��y rk to the Board
1861 (� mop ♦� � v -(
William H. erke, Pro-Tem
%Ou ■ r� 1!rk to the Board
. J. le
AP D AS •
David . Long
ounty Attor ey
Glenn Vaad
Date of signature:
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