HomeMy WebLinkAbout982609.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution be introduced for passage by the Weld County Planning
Commission,along with the deletion of Condition of Approval#6, with subsequent renumbering. Be it resolved
by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-516
APPLICANT: John Avery Sutter and James Ted Sutter
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ADDRESS: 800 Hawkstone Dr., #27 rr i 0
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Eaton, CO 80615 -°
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PLANNER: Sheri Lockmanir
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.
be recommended favorably to the Board of County Commissioners 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.
EXHIBIT
982609
e *76
RESOLUTION, Z-516
Sutter
Page 2
1) 2.1 Access Standards -All PUD developments will be served by an 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.
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 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.
RESOLUTION, Z-516
Sutter
Page 3
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 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.
RESOLUTION, Z-516
Sutter
Page 4
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 '/) 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 '/) 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. 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.
RESOLUTION, Z-516
Sutter
Page 5
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 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 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:
RESOLUTION, Z-516
Sutter
Page 6
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.
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 Planning Commission's recommendation for approval 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)
RESOLUTION, Z-516
Sutter
Page 7
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. of Planning Services)
6. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. (Dept.
of Planning Services)
7. 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.)
8. 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)
RESOLUTION, Z-516
Sutter
Page 8
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)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Marie Koolstra
Arlan Marrs
Cristie Nicklas
Stephan Mokray
Michael Miller
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 3, 1998.
Dated the 3rd of N mb r, 1998.
Wendi Inloes
Secretary
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 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)
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)
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