HomeMy WebLinkAbout982610.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant John Avery and James Ted Sutter Case Number Z-516
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (11 pages) X
3 Department of Planning Services field check form X
4 Field check by Planning Commissioner X
5 Letter to Applicant X
6 Legal Notifications (2 pages ) X
7 Application (11 pages ) X
8 Additions to the application received 10/26/1998 (6 pages) X
9 Additions to the application received 10/21/1998 (9 pages) X
10 Storm drainage report(2 pages) X
11 Referral list X
12 Referral letter X
13 Town of Eaton referral received 10/22/1998 X
14 Weld County Health Dept. referral received 9/21/1998 (2 pages) X
15 Weld County Public Works Dept. referral received 10/08/1998 X
(2 pages)
16 Eaton School District RE-2 referral received 10/5/1998 (5 pages) X
17 Division of Wildlife referral received 10/8/1998 (4 pages) X
18 Colorado Geological Survey referral received 10/30/1998 X
19 Weld County Building Inspection Dept. Referral received X
9/21/1998
20 West Greeley Soil Conservation District referral received X
9/24/1998(2 pages)
21 Presentation maps (2 pages) X
22 8'/:X11 maps submitted by applicant(2 pages) X
23 Deed (2 pages) X
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24 Letters from surrounding property owners (2 pages) X
25 Response to surrounding property owners letters (6 pages) X
26 Surrounding Property Owners (7 pages) X =
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27 Documented conversations with surrounding property owners X
(2 pages)
28 Soil Survey (40 pages) X
29 Documented phone message from surrounding mineral rights X
owner
30 Letter from Public Service Company of Colorado X
31 Environmental Impacts (3 pages) X
32 Letter from Surrounding Property Owner X
Item submitted at planning commission
I hereby certify that the 32 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office. ,C���w� //
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Sheri Lockman •A Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS ,Srd day of 11 0✓Wtaw 19±98
SEAL , `n(
NOTARY PUBLIC 1V1
MY COMMISSION EXPIRES u:17/03/.3.00a•
'6 CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
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COLORADO
CASE NUMBER: Z-516
PLANNER: Sheri Lockman
APPLICANT: John Avery Sutter and James Ted Sutter
ADDRESS: 800 Hawkstone Dr., #27
Eaton, CO 80615
REQUEST: PUD Change of Zone from A (Agricultural) to PUD with 5 E (Estate) and 1
A (Agricultural) outlot.
LEGAL DESCRIPTION: Lot B RE-1683 Part of the W1/2 W1/2 and NE1/4 SW1/4 of Section
10, T6N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to WCR 70 &east of and adjacent to WCR 43 &south of and
adjacent to WCR 72.
ACRES: 197 acres, more or less. PARCEL#0803 10 000014 and 039
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with Section 6.4.2.6 of the Weld County Planned
Unit Development Ordinance, as amended as follows:
A. Section 6.4.2.6.1. -The proposal is consistent with the Weld County Comprehensive
Plan, MUD Ordinance, if applicable, and any Intergovernmental Agreement in effect
influencing the PUD, and the Weld County Zoning and Subdivision Ordinances.
1) PUD. Goal 2 states "encourage creative approaches to land development
which will result in environments of distinct identity and character."It is staffs
opinion that this proposal has used a creative approach to preserve the
most productive part of the property within the agricultural outlot."
2) A.Policy 7 states "Weld County recognizes the "right to farm". In order to
validate this recognition Weld County has established an example covenant
which should be incorporated on all pertinent land use plats. The
Department of Planning Services will require the covenant to appear on the
recorded final plat. (See Development Standard #10)
3) No intergovernmental agreements presently influence this site.
B. Section 6.4.2.6.2 -That the uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in
Section 2, of this Ordinance.
IJET 1) 2.1 Access Standards - All PUD developments will be served by an
a
internally paved road system according to county standards. An
exception to paving internal roads may be granted for five lots or less
residential PUD's located in non-urban areas and when the PUD is
not located within close proximity to other PUD's, subdivisions and
municipal boundaries, and when access to the PUD is not from a
public road which is paved or will be paved within a year of approval
of the PUD.
Access to the PUD is from Weld County Road 43. The applicant has
requested an exception to paving by the Director of Planning
Services. Since the access to the PUD is from a public road which is
paved the Director of Planning Services cannot grant this exception.
However, Planning and Public Works staff recommend this exception
to paving be granted. Staff considers the exception to pavement to
meet the intent of the PUD Ordinance in that omitting pavement in
this non-urban area would not negatively impact the surrounding
property or the proposed PUD. (See Condition of Approval #6)
2) 2.2 Buffering and Screening - USES, BUILDINGS or STRUCTURES
within and adjacent to a PUD Zone District shall be adequately
buffered and SCREENED to make their appearance and operation
harmonious with the surrounding USES.
A landscaping plan will be required prior to acceptance of a final plan
application. (See Condition of Approval 9E)
3) 2.3 Bulk Requirements - The normal Bulk Requirements for minimum
SETBACK, minimum OFFSET, minimum LOT size, minimum LOT
area per STRUCTURE, maximum height of BUILDINGS, and LOT
coverage may be varied as specified in a PUD Final Plan. (All other
performance standards applicable to a PUD Zone District may be
required to be as strict as the performance standards contained in
the zone district in which the USE would usually be allowed).
This application does not propose any deviation from the bulk
requirements for the Agricultural and Estate zone districts.
4) 2.4 Circulation - Development within a PUD Zone District shall be
designed and constructed to include adequate, safe and convenient
arrangements for pedestrian and vehicular circulation, off-street
parking and loading space. Pedestrian and vehicular circulation shall
relate to the circulation system external to a PUD Zone District. All
STREETS within the PUD Zone District, whether private or PUBLIC
shall be designed and constructed to meet the requirements of the
Weld County Public Works Department, the Subdivision Ordinance
and the MUD Ordinance, if applicable.
The Department of Public Works has determined that a traffic
analysis is not necessary. The applicant is responsible for elevating
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the access road adjacent to Weld County Road 43 to provide
adequate sight distance in both directions. Additionally, a stop sign
will be required prior to entering Weld County Road 43. These issues
are addressed through Development Standards #19 and 20.
5) 2.5 Common Open Space - is defined as any usable parcel of land or
water unimproved and set aside, dedicated, designated or reserved
for public or private USE or for the USE and enjoyment of owners or
occupants of land adjoining or neighboring such area. Common
Open Space includes landscape areas that are not occupied by
building or USES such as storage or service areas, private court
yards, parking lots and islands. The amount and type of COMMON
OPEN SPACE provided in a PUD Zone District shall be proportioned
according to the intensity of the zone districts called for in the PUD
or USES specified in the application, unless specifically delineated
in the MUD Ordinance. COMMON OPEN SPACE shall be designed
to be useful to the occupants and/or residents of the PUD Zone
District for recreational and scenic purposes. COMMON OPEN
SPACE in the PUD Zone District shall be owned and maintained in
perpetuity by an organization established specifically for such
ownership and maintenance purposes. In non-urban scale
developments with a minimum 80 acre agricultural outlot, the
preservation of the agricultural outlot may be considered to meet the
intent of the Common Open Space requirement.
Staff has determined that the proposed 182 acre agricultural outlot
meets the intent of the Common Open Space requirement.
6) 2.6 Compatibility-The density, design, and location of land USES within
and adjoining a PUD shall be designed to be compatible with other
USES within and adjoining the PUD. Compatible USE shall be
determined by evaluating the general USES, building height,
setback, offset, size, density, traffic, dust, noise, harmony, character,
open space, SCREENING, health, safety and welfare of the PUD in
relation to surrounding USES.
The proposed site does not lie within an urban growth area, nor is the
applicant proposing an urban scale. The right-to-farm covenant will
be attached to the request, thus informing any new residents that the
area surrounding this community is agricultural in nature. Also,
Development Standard #13 ensures that future lot owners of the
subdivision are made aware of the crop dusting facility (permitted by
USR-814) that is located on an adjacent property. The Department
of Planning Services believes that the granting of this Change of
Zone will have minimal impact on the surrounding land use.
7) 2.7 Design Standards and Improvement Agreements - The Design
Standards and Improvement Agreements of Section 10, 12 and 13
of the Subdivision Ordinance shall be utilized. Certain PUD Final
Plan requirements may differ from those specifically listed in the
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Subdivision Ordinance.
Final recording shall not occur until the required improvement
agreements have been approved and collateral tendered. (See
Conditions of Approval 9A and 9D)
8) 2.9 Landscaping Standards - No building permits shall be issued for any
building or any portion of a PUD until the landscaping required by the
landscape plan map is in place and/or an on-site Improvements
Agreement has been entered into which complies with the
requirements in Section 12 of the Weld County Subdivision
Ordinance.
The applicant shall submit a landscaping plan prior to recording the
Change of Zone plat. An on-site improvements agreement shall be
required at the time the final plan application is submitted. (See
Condition of Approval 9A and 9D)
9) 2.12 Monuments - Permanent reference monuments shall be set on the
Planned Unit Development according to the Subdivision Ordinance
and Section 30-51-101, et seq., of the Colorado Revised Statues.
10) 2.13 Non-Urban Scale Development- Developments comprising of five or
less residential lots, located in a non-urban area as defined by the
Weld County Comprehensive Plan, not adjacent to other PUD's,
subdivisions, municipal boundaries or urban growth corridors. Non-
Urban Scale Development on public water & septic systems shall
have a minimum lot size of one (1) acre and an overall density of two
and one-half (2 'A) acres per septic system. Non-Urban Scale
Development proposing individual, private wells and septic systems
shall have a minimum lot size of two and one-half(2 ''A) acres per lot.
A Non-Urban Scale PUD preserving a minimum, 80-acre agricultural
out-lot may be located adjacent to other Non-Urban Scale PUD's
which also preserve a minimum 80-acre agricultural out-lot.
The proposal consists of 5 residential lots, not adjacent to any other
PUD's, subdivisions, municipal boundaries or urban growth corridors.
The applicants are proposing private wells and septic systems with
an overall density of 39 acres per septic system.
11) 2.19 USES - USES within a PUD Zone District shall be described by
filings, phases, blocks and lots within a PUD. This description shall
give a clear indication of the type of USE to take place and a
description of the type of BUILDINGS and STRUCTURES to be
associated with those USES. This description shall be in adequate
detail to determine density, COMMON OPEN SPACE, major vehicle
and pedestrian circulation,water and sewer facilities, the buffering or
SCREENING of the USE and the time frame for construction of the
USE.
This application does not proposes an estimate for time frame for
construction or a landscaping plan showing screening and buffering.
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These are addressed through Conditions of Approval 9E and 9F.
12) 2.20 Water and Sewer Provisions- A PUD Zone District shall be serviced
by an adequate water supply and sewage disposal system.All PUD's
shall be served by a PUBLIC WATER system as defined in this
Ordinance. An exception may be granted for five lot or 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 PUD not served by public water shall preserve a
minimum 80 acre agricultural out-lot. The Department of Planning
Services and the Weld County Health Department shall review any
PUD applying for an exception to public water to determine if the
application meets the intent of the PUD regulations and state water
requirements.
The applicant has requested an exception to public water. Because
the applicant is proposing a 182 acre agricultural out-lot the
Department of Planning Services and the Weld County Health
Department support this request.
C. Section 6.4.2.6.3 - 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 the Comprehensive Plan
or Master Plans of affected municipalities.
This proposal is located within the referral boundary of the Town of Eaton. Eaton
reviewed this proposal and indicated no conflicts exist.
D. Section 6.4.2.6.4 - The PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards
in section Two (2) of the PUD Ordinance.
The applicant has requested an exception to public water. The Department of
Planning Services and the Weld County Health Department support this request.
E. Section 6.4.2.6.5 -The 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 reviewed this application and these
issues are addressed through Conditions of Approval #6 and Development
Standards#19 and 20.
F. Section 6.4.2.6.6 - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with the Weld County
Subdivision Ordinances, as amended and a road improvements agreement is
complete and has been submitted.
Improvement agreements will be required at the time the application for the final plan
5
is submitted. (See Conditions of approval 9A and 9D)
G. Section 6.4.2.6.7 - There has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay district, commercial mineral
deposits, and soil conditions on the subject site.
A portion of the agricultural out-lot is designated 100-year flood plain by FEMA. All
construction or improvements occurring in the flood plain as delineated on FEMA
Community Panel Map 080266 0489 C and 0627 C, dated September 28, 1982,
shall comply with the Flood Hazard Overlay District requirements of Section 26 of the
Weld County Zoning Ordinance.(See Development Standard #17) In a referral
response dated September 21, 1998, the Weld County Building Inspection
Department is requiring engineered foundations for each structure. (See
Development Standard #12) The Colorado Geological Survey referral is addressed
through Development Standard #16.
H. Section 6.4.2.6.8 - Consistency exists between the proposed Zone District(s), uses
and the Conceptual Development Guide.
2. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), as follows:
A. Section 6.3.1 Environmental Impacts:The applicants have addressed all of the
potential impacts described in Section 6.3.1.2.1 of the Weld County Planned Unit
Development Ordinance.
B. Section 6.3.2 Service Provision Impacts: The majority of service provision impacts
have been satisfactorily addressed through the application and referral responses.
The Eaton Fire District did not respond to the referral.Additional requirements for the
Eaton School District are addressed through Conditions of Approval 1A. Law
enforcement, ambulance, and water provisions will be addressed through the
application for the final plan. (See Condition of Approval #9C)
C. Section 6.3.3 Landscaping Elements: The applicant has not submitted a Landscape
Plan in accordance with Section 9.3 of the Weld County Planned Unit Development
Ordinance 197. (See Condition of approval #9E)
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites
advantages and limitations, as well as the compatibility of the development with
adjacent sites. The right-to-farm covenant will be attached to the request, thus
informing any new residents that the area surrounding this community is agricultural
in nature. (See Development Standard #10) Also, Development Standard #13
ensures that future lot owners of the subdivision are made aware of the crop dusting
facility (permitted by USR-814) that is located on an adjacent property.
E. Section 6.3.5 Common Open Space Usage: In non-urban scale developments with
a minimum 80 acre agricultural outlot, the preservation of the agricultural outlot may
be considered to meet the intent of the Common Open Space requirement. Staff has
determined that the proposed 182 acre agricultural outlot meets the intent of the
Common Open Space requirement. The applicant will establish a homeowners
organization in accordance with the requirements of Section 6.3.5 of the Weld
County Planned Unit Development Ordinance 197.
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F. Section 6.3.6 Proposed Signage: The applicant is proposing only a street sign at this
time. Development Standard #9 addresses any future proposed signage.
G. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie within the
Mixed Use Development area.
H. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed change of zone
does not lie within any Intergovernmental Agreement area.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from A (Agricultural) to PUD with 5 E (Estate) and 1 A (Agricultural) outlot is
conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The applicant shall submit evidence to the Dept. of Planning Services from Eaton
School District indicating that a school service agreement has been reached. (Dept.
of Planning Services)
B. All proposed street names shall be submitted to the Eaton Post Office for review of
duplication of street names. Evidence shall be submitted to the Department of
Planning Services that a duplication of street names will not occur with this proposed
subdivision. (Dept. of Planning Services)
C. The Change of Zone plat shall meet all requirements of Sections 28.5.2 and 28.5.3
of the Weld County Zoning ordinance. (Dept. of Planning Services)
D. The applicant shall submit a copy of an agreement with the properties mineral
owners stipulating that the oil and gas activities have adequately been incorporated
into the design of the site. (Dept. of Planning Services)
2. The plat shall be amended to include the following:
A. The location of possible future oil and gas drill site locations (DPS- in
accordance with Oil Goal 1 of the Weld County Comprehensive Plan.)
B. The agricultural lot shall be labeled "Non-buildable agricultural outlot". Development
on the Agricultural outlot shall be limited to structures related to the agricultural use.
No residential structures shall be allowed. (Dept. of Planning Services)
3. The change of zone plat map shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners. (Dept. of
Planning Services)
4. The PUD Final Plan shall comply with all regulations and requirements of the Weld County
Planned Unit Development Ordinance 197. (Dept. of Planning Services)
5. The site shall maintain compliance at all times with the requirements of the Weld County
Public Works Department, Weld County Health Department, and the Weld County
Department of Planning Services, and adopted Weld County ordinances and policies. (Dept.
7
of Planning Services)
6. Paving of interior roads shall be required in accordance with Section 2.1 of the Planned Unit
Development Ordinance 197. The plat shall reflect this change prior to recording. (Dept. of
Planning Services)
7. Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
8. In the event that more than five acres of the site is disturbed during construction activities,
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. (Health Dept.)
9. At the time of Final Plan submittal:
A. The applicant shall submit an on-site improvements agreement which addresses
landscaping in compliance with 6.3.3.2 of the PUD Ordinance 197. (Dept. of
Planning Services)
B. Weld County will not enforce any rules or regulation in the restrictive covenants that
are more prohibitive than those in the County's Ordinances.Any rules or regulations
that are more prohibitive shall be enforced by a homeowners association through
legal action. The Restrictive Covenants need to be amended to reflect this. ( Dept.
Of Planning Services)
C. Service Provision Impacts for law enforcement, ambulance and water provisions
shall be addressed as required by Section 6.3.2 of the PUD Ordinance 197. (Dept.
of Planning Services)
D. The applicant shall submit evidence to the Planning Department of approval from the
Weld County Public Works Department of an Improvements Agreement Regarding
Collateral for the transportation portion of the PUD. (Public Works Dept.)
E. The applicant shall submit a landscaping plan in accordance with Section 9.3 of the
PUD Ordinance 197. (Dept. of Planning Services)
F. The applicant shall submit a time frame for construction in accordance to Section
2.19 of the PUD Ordinance 197. (Dept. of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
DEVELOPMENT STANDARDS
John and James Sutter
Z-516
1. The site specific development plan is for a PUD change of zone from Agricultural to PUD
with Estate and Agricultural uses, as indicated in the application materials on file in the
Department of Planning Services and subject to Development standards stated hereon.
(Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Dept. of Planning Services)
3. The property owner shall be responsible for complying with the Performance Standards of
Section 2 of the PUD Ordinance. (Dept. of Planning Services)
4. The property owner shall be responsible for complying with Supplemental Procedures and
Requirements of Section 8 of the PUD Ordinance. (Dept. of Planning Services)
5. Personnel from the Weld County Health and Planning Departments 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. (Dept. of Planning Services)
6. The permitted area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County Regulations. Substantial change from
the submitted development guide or plan will require additional review of the Final Plan by
the Board of County Commissioners at a public hearing. (Dept. of Planning Services)
7. The property owner shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Dept. of
Planning Services)
8. 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. (Dept. of
Planning Services)
9. The property owner shall be responsible for maintaining compliance with the signage
requirement of 42.1 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
10. The property shall adhere to the Weld County Right To Farm Covenant as listed:
Weld County is one of the most productive agricultural counties in the United States. The
rural areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize there are drawbacks,
including conflicts with longstanding agricultural practices and a lower level of services than
in town.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well
run agricultural activities will generate off-site impacts, including noise from tractors and
9
equipment; dust from animal pens, field work, harvest, and gravel roads; odor from animal
confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use
of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved "out of the way" of residential development without
threatening the efficient delivery of irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of the county and
the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed, will not provide the same kind of surface expected from
a paved road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility
of the homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines,
territorial farm dogs, and livestock present real threats to children. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood. (Dept. of Planning Services)
11. Lot owners shall not divert ditch water unless the appropriate ditch water rights are
purchased. (Dept. of Planning Services)
12. All building sites shall utilize engineered foundations. (Building Inspection Dept.)
13. Lot owners should be informed that a crop dusting facility is located directly north of this
PUD. It is legally permitted through Use by Special Review permit#814 and is eligible to
apply for expansion. (Dept. of Planning Services)
14. The Restrictive Covenants shall be amended to include any hunting restrictions. (Dept. of
Planning Services)
15. Individual sewage disposal systems are required for the proposed residential lots and shall
be installed according to the Weld County Individual Sewage Disposal (I.S.D.S.)
Regulations. (Health Dept.)
16. The site shall be developed in accordance with the recommendations contained in the
geotechnical report. (Colorado Geological Survey)
17. All construction or improvements occurring in the flood plain as delineated on FEMA
Community Panel Map 080266 0489 C and 0627 C, dated September 28, 1982, shall
comply with the Flood Hazard Overlay District requirements of Section 26 of the Weld
County Zoning Ordinance. (Dept. of Planning Services)
10
18. The PUD shall consist of five (5) Estate zoned lots and one (1)Agriculturally zoned lot. The
Change of Zone allows for Estate uses (5 lots) which shall comply with the Estate Zone
District requirements as set forth in Section 36 of the Weld County Zoning Ordinance and
Agricultural uses (1 lot)which shall comply with the Agricultural Zone District requirements
as sit forth in Section 31 of the Weld County Zoning Ordinance. Development on the
Agriculturally zoned lot shall be limited to structures related to the agricultural use. No
residential structures shall be allowed. (Dept. of Planning Services)
19. The applicant shall elevate the access road adjacent to Weld County Road 43 to provide
adequate sight distance in both directions. (Public Works)
20. The applicant shall place a stop sign at the entrance to the PUD prior to entering Weld
County Road 43. (Public Works)
11
FIELD CHECK inspection date: 10/12/1998
CASE NUMBER: `L-516
APPLICANT: John and James Sutter
LEGAL DESCRIPTION: Lot 13 RE-1683
LOCATION: North of and adjacent to Weld County Road 70 & east of and adjacent
to Weld County Road 43 & south of an adjacent to Weld County Road 72
Zoning Land Use
N A(Agricultural) N Agricultural/Residential/Air Strip
E A (Agricultural) E Agricultural/Residential/Cattle Confinement
S A (Agricultural) S Agricultural/Residential
W A (Agricultural) W Agricultural/Residential
COMMENTS: Be sure to use the "Right-to-farm covenant" because of the
cattle on the east.
The land drops off to the west of the building site.
Sheri Lockman, Current Planner
wow
FIELD CHECK
FILING NUMBER: Z-516 DATE OF INSPECTION: (9.90
APPLICANTS NAME: John Avery and James Ted Sutter
PLANNER: Sheri Lockman
REQUEST: Change of Zone to PUD for 5 residential lots and one agricultural outlot.
LEGAL DESCRIPTION: Lot B of RE-1683; being part of the W2 W2 and the NE4 SW4 of Section 10, T6N,
R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 70; east of and adjacent to Weld County Road
70; east of and adjacent to Weld County Road 43; south of and adjacent to Weld County
Road 72.
LAND USE: A^ J�� -
N ettp ` �
E ` 1-6-
W
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
P.C. Member
Kit DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, E52.6342
FAX X (9(970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
WIlD
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
September 14, 1998
Avery Farms
do John and James Sutter
800 Hawkstone Drive, #27
Eaton, CO 80615
Subject: Z-516- Request for a Change of Zone to PUD for 5 residential lots and one agricultural outlot on
a parcel of land described as Lot B of RE-1683; being part of the W2 W2 and the NE4 SW4 of
Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for November 3, 1998, at 1:30 p.m. This meeting will
take place in Room 104, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly
maintained road right-of-way, one sign will be posted in the most prominent place on the property and a
second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road
right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
261 otiMark
Sheri Lockman
Planner
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