HomeMy WebLinkAbout992187.tiff MEMORANDUM
a*; TO: Board of County Commissioners September 22, 1999
ElkFROM: Sheri Lockman, Planner
COLORADO
SUBJECT: S-496 Planned Unit Development Final Plan
The department of Planning Services and the applicant are requesting that this case be continued
Indefinitely to allow the applicant to address issues regarding adequate water supply.
Documentation of adequate water is insufficient for the following reasons:
1) Public water- North Weld County Water District
a. No signed agreement concerning the conditions of service.
2) Wells - Division of Water Resources
a. No augmentation agreement established to ensure adequate quality and
quantity of water as was required at the Change of Zone by Condition of
Approval #9
97 i(7
ig EXHIBIT
Is. 44.0941
SERVICE,TEAMWORK,INTEGRITY,QUALITY
SEP 7 '99 15 19 FROM CfRGI LL-CH ICfGO TO 19703046498 PAGE.001
c>Gri2-
Avery Farms l et-
do: John and Jim Sutter
800 Havrksione Drive, #Y27 LF
Eaton,CO 80615
Phone: (970)454-3322 (John)
Phone: (312) 831-2040(Jim)
It (970)454-2594
September 5, 1999
Ms. Sheri Lolunan,Current Planner
Weld County Planning Department
1400 17th Avenue
Greeley,CO 80631
Subject: Z-516 -Avery Acres Planned Unit Development- Water Augmentation Plan
Dear Ms. Lokman,
We are writing today with regard to comments in the memo from Trevor Jiricek of the Weld
County Department of Public Health and Environment dated July 15, 1999.
In this memo Mr. Jiricek refers to a discussion he had with John Anderson at the Colorado
Division of Water Resources(352-8712)concerning the issuance of well permits on the
proposed lots. We understand that Mr. Anderson indicated that if the lots were to be served
by wells, without an augmentation plan,they would issue "household use" only permits.
These permits would not allow any exterior use of water for gardens, yards, animals, etc.
Mr. Jiricek goes on to suggest that the applicant be required to have an"approved
augmentation plan" prior to the approval of an exception to the public water requirement.
We are writing today to present our "augmentation plan". We are unsure exactly where this
needs to be directed but are confident that you can direct this to Mr. Jiricek and then on to
the other appropriate authorities so that we can have this plan in place as an "approved
augmentation plan" by the time of our hearing with the Weld County Commissioners on
September 22, 1999.
Thanks in advance for your help and we would welcome any comments that you or Mr.
Jiricek or others may have with regard to this plan.
Sincer ly yo i.
n1 -
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EXHIBIT U
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SEP 7 '99 15:20 FROM CARGILL—CHICAGO TO 19703046498 PRGE.002 ecroi
Avery Acres Water Augmentation Plan: 2
To Whom It May Concern:
As the attached letter dated May 24, 1999 clearly states it is the intention of the developers of -
Avery Acres to service the 5 residential lots with public water provided by the North Weld
County Water District. However,if this is not available at a reasonable cost and in a
reasonable timeframe, we have also requested that the County give the developers the right to
utilize an exception which already exists with the PUD regulations(this PUD has been
determined to meet the exception requirements by the Weld County Planning Department)
and thus have each lot develop their own well for domestic water purposes.
If this exception to public water is used, meaning that North Weld County Water District
(NWCWD) Water will not be available,the undersigned developers of Avery Acres hereby
agree to purchase I share of Larimer and Weld Irrigation Company Stock to be delivered
through existing Avery Farms conveyance ditches to the east side of each of the lots and to be
shared by all of the property owners. This share of water will be conveyed without
encumbrances to the Avery Acres Road Association by the developers of the property. After
said conveyance any annual assessments or fees levied on shareholders would then become
the responsibility of the Road Association.
The Restrictive Covenants of the Avery Acres Planned Use Sub-Division already spell out
the obligations of the original landowner in terms of making use of existing ditches,etc.
available to the lotowners. This augmentation plan calls for the developers to take the extra
step of purchasing additional water rights to ensure that the lot-owners have adequate water
for irrigation purposes_ It should be noted that it is the clear intention as spelled out in the
covenants that the vast majority of each lot will be returned to its natural state with
landowners required to plant native vegetation on their land. The covenants spell out the
suggested species of grasses and shrubs.
If it is necessary,due to the unavailability of NWCWD water,to utilize this existing public
water exception then it is envisaged that this additional irrigation water be utilized primarily
for the neat,tidy irrigated lawn of bluegrass to be planted around each dwelling as well as the
trees in the windbreak which are also specified in the covenants. It is not the intent that each
of the lots be fully irrigated properties.
The developers, who are the owners of the agricultural outlot adjacent to the PUD,agree to
follow the terms of this augmentation plan.
Sincerely yours,
John A. Sutter Jam Sutter
SEP 7 '99 15:21 FROM CARGILL-CHICAGO TO 19703046498 PAGE.003
3 Avery Farms LLC
do: John and Jim Sutter /i
450 Walnut Avenue 4` 1-t
Eaton, CO 80615
Phone-(970)454-3322 (John)
Phone-(312)831-2046 (Jim)
Fax-(970)454-2594(John)
May 24, 1999
Ms. Sheri Lokman,Current Planner BY FAX
Weld County Planning Department
1400 - 17th Avenue
Greeley, CO 80631
RE: Proposed Planned Unit Development-Avery Acres -WATER
Dear Sherry,
I am writing to confirm the situation with regard to domestic water for Avery Acres.
We have been in ongoing discussions with the North Weld County Water District about getting
service for our proposed lots. We have reached a tentative agreement with them that is as
follows:
Avery Farms LLC will contribute up to $25,000 towards running a pipeline to our proposed
Avery Acres PIJD from an existing NWCWD line located west of our property. Avery Farms
LLC will also grant the necessary easements/right-of-ways/etc to allow NWCWD to run a line to
the eastern boundary of our property,
The tentative schedule is to do this work during the fall/winter period of 1999/2000.
This plan is subject to NWCWD securing the necessary easement/right-of-way from our
neighboring property owner to the east to allow the line to reach WCR 45 and to NWCWD
Board of Director approval.
In our application we would like to state that we plan to use public water per the agreement
above. However if NWCWD is unable to either gain the necessary easements or if their Board
does not approve this extension we want to have an alternative. Namely that is to use the
exception which exists within the PUD regulations. We understand that this says that "An
exception may be granted for five lot of less residentially clustered PUD's when public water is
not available and the residential PUD results in an intensity of development that preserves and
enhances agricultural lands and production_ A PUD applying for an exception to the public
water requirement must be considered a non-urban scale development as defined in the
Ordinance A PUB not served by public water shall preserve a minimum 80 acre agricultural
out-lot"
SEP 7 '99 15:22 FROM CARGILL-CHICAGO TO 19703046498 PAGE.004
Page 2-Letter to Sherry Lokman
We believe that our POD meets these requirements and therefore if NWCWD is unable to
provide water service by March 1, 2000 at a maximum cost of$25,000 to ourselves(excluding
water taps)we want to have the option for each lot-owner to drill his own domestic well. We
would like to have this agreed at the time that our PUD gains final approval.
This letter and request should become a part of our PUD application file. Also attached is a
letter from NWCWD but it is not very detailed.
S- ely yours
cc: John Sutter
** TOTAL PAGE.004 **
FARMERS INSURANCE
GROUP
Facsimile
Tra f smission
FACSIMILE COVER DOCUMENT CORM
John Sutter, Farmers Insurance Agent
37353 HWY 85, Eaton, CO 80615
Telephone: Eaton (970) 454-3322 Fax: (97(1) 454-2594
Date: ! t ( ( (, (9' 9
There are 3 pages being sent Including this cover document. If you
do not receive all transmitted pages, please contact us.
TO: FROM:
Name: 514_,(;e. C LS Name: Jc
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EXHIBIT
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Avery Farms LLC
c/o: John and Jim Sutter
450 Walnut Avenue
Eaton, CO 80615
Phone- (970)454-3322(John)
Phone-(515) 224-2626(Jam)
Fax-(910)454-2594(John)
November 16, 1999
Ms.Julie Chester BY FAX
Weld County Planning Department
1400 - 17th Avenue
Greeley, CO 80631
RE: Proposed Planned Unit Development-Avery Acres- WATER, etc.
Dear Ms. Chester,
We art writing to clarify the water situation with regard to Avery Acres, We want to ensure that
we have our PUD application fully completed and that we are in compliance with all Weld
County requirements.
It is our understanding that the agreement now in place between North Weld Water
Conservancy District(NWWCD) and Avery Faints LLC has been approved by the Weld County
Attorney and that this time we have a document which will meet with the County
Commissioners requirements.
We would like to clarify that we axe no longer requesting an exception to Public water as we now
have the above agreement to supply NWWCD water referred to above.
Furthermore we want to clarify what additional irrigation facility, in addition to water provided
by NWWCD water,we will be making available to future homeowners in the Avery Acres
Planned Unit Development-note this is as stated in the Covenants;
"There is an irrigation ditch on the east side of the residentia! lots. This ditch is for the
primary use of the owner of the agricultural outlot and they have an casement for this purpose.
The owners of the agricultural outlot will provide irrigation water to the lot-owners during the
spring river water ran and again during the summer when adequate water is available. In
addition residential lot owners may purchase,or rent,water rights from the ditch company fir
their use.
It is hereby agreed that the owner of the agricultural outlot shall cooperate with the residential
lot owners when they want to use this irrigation system,and exercise all reasonable efforts to
allow the residential lot owners adequate access to this facility. ft is further agreed that the
residential lot owners will not use the irrigation facilities without the permission of the owner of
the agricultural outlot."
;.'0 16 1399 06 : 45 eR A31
``- : 5 224 2651 TO '_ 1 _^+ il'0$Qc S9a
Page 2: Letter to Ms. Julie Chester
As stated initially we now believe that our application is compete and that the Weld County
Planning Department will fully recommend that the Commissioners approve our project. If this
is not the case and you see any additional things which we need to address please let us know as
soon as possible.
Thanks in advance for your help.
Sincerely yours,
Jo 'utter
cc: Jim Sutter
** TOT-tL PtiGE *+.
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: No vet"b , 19 9 9 . THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY 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 PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY. \MC_
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR
V7 THE SIGN WAS POSTED BY:
e.Sqe ✓
NAME OF PERSON POSTING SIGN
e/cti
SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS eg1L DAY OF r1)-c C vYthxY , 19 )
NOTARY PUBLIC
MY COMMISSION EXPIRES: C c) C.� �--
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
_ .. ..: ; .pmt
q�io�9e
WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the 10 day of 1k_kv'-rr her,
19cf) , by and between the North Weld County Water District, acting by and through
the North Weld County Water District Enterprise (hereinafter "District"), and Jim and John
Sutter, the developer of Avery Farms LLC, (hereinafter "Developer").
RECITALS
WHEREAS, the District is a statutory special district formed under the Laws of the
State of Colorado and is a quasi municipal corporation; and
WHEREAS, the District Enterprise was created by the District, in order to comply
with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1 of
Title 37 of the Colorado Revised Statutes, as applicable; and
WHEREAS, the District owns, maintains and operates a system for the storage and
distribution of potable water within Weld County and Larimer County, Colorado; and
WHEREAS, the Developer desires to contract with the District for certain potable
water supplies and services; and
NOW, THEREFORE, in consideration of the premises and the covenants and
agreements hereinafter set forth, it is agreed by and between the District and Developer
as follows:
ARTICLE 'I
WATER SUPPLY / FACILITIES
1.1 The District agrees to furnish an adequate supply of water for a total of 5-five
taps.
1.2 The water to be furnished by the District shall be potable water, which
complies with the Federal Safe Drinking Water Act and any other applicable drinking water
regulations. No promise or guarantee of pressure is made by the District or is to be implied
from anything contained herein.
1
1 .3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water except for interruptions due to: (1) Uncontrollable Forces; (2)
Operations or devices installed for water system protection; (3) Maintenance, repair,
replacement, installation of equipment, or investigation and inspection of the water system,
which interruption or reductions are temporary, and in the opinion of the District necessary.
1.4 The District shall install and own a meter vault at each individual lot.
ARTICLE 2
COSTS AND EXPENSES
2.1 The Developer shall pay the full portion of the construction of water lines
within the development that will serve the individual taps. The District must approve
engineering and construction of water lines. Once the District has approved the water
line construction the District shall obtain ownership of the water lines. The Developer
may use the Districts existing water lines to serve the individual taps, if the District
approves that the line is accessible and has available capacity to serve the
development.
2.2 The Developer shall pay the appropriate portion of any line extension
needed to deliver water to the development (See Exhibit A). The Developer shall meet
all requirements of the District as specified in Exhibit A.
2.3 The Developer shall also be required to pay the Plant Investment Fee
portion of the "tap fee" which shall be determined by the # of lots within the
development times the Current Plant Investment Fee. The Plant Investment Fee shall
be the rate that is in effect at the time payment is made. This amount shall be paid
before construction of water lines will commence. The plant investment fees are
applied to each lot in the development and are non-refundable and non-rebateable.
Refer to the Board of Directors' June 14th, 1999 Resolution.
2
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
Aa e*- t .': LL c
" Developer"
Attest: i /% NORTH WELD COUNTY WATER DISTRICT
<-7Secretary President/
"District" / "District
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 1O day of 1-/O1- 11/31-7 , 19 F41
by__9diK) 6L . Z.r as Developer.
WITNESS by hand and official seal.
My commission expires: 9)35.477L��x
Notary Public
STATE OF COLORADO)
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this e day of Jet-errlJ2 19 9�1
by 2irz.( ')- / : -i as Secretary of North Weld County
Water District.
WITNESS by hand and official seal.
My commission expires: CI>?.-)'7),;m�
Notary Public
3
EXHIBIT A
North Weld County Water District shall provide water service to the development, after
approximately 10,000-feet of 1O-inch diameter transmission line is constructed by North
Weld County Water District. The Developer shall be required to pay a participation cost
of$25,000 for such line.
A 3O-foot easement shall be provided by the Developer for North Weld County Water
District. The easement description will be determined to provide access for a water line
construction across the development.
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