HomeMy WebLinkAbout992907.tiff HEARING CERTIFICATION
DOCKET NO. 99-59
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN,
S#496, FOR FIVE(5)E(ESTATE)ZONED LOTS AND ONE(1)A(AGRICULTURAL)ZONED
OUTLOT -JOHN AND JAMES SUTTER
A public hearing was conducted on December 8, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 8, 1999, and duly published September 11,
1999, in the Fort Lupton Press, a public hearing was conducted on September 22, 1999, to consider
the request of John and James Sutter for a Site Specific Development Plan and Planned Unit
Development Final Plan, S#496, for five(5) E(Estate)zoned lots and one (1)A (Agricultural) zoned
outlot. At said hearing on September 22, 1999, this matter was continued to December 8, 1999, at
which time Lee Morrison, Assistant County Attorney, made this a matter of record. Julie Chester,
Department of Planning Services, presented a brief summary of the proposal, described the location
of the site, which is approximately 197 acres, and stated the site is within the referral area for the
Town of Eaton,which indicated it has no conflicts with the proposal. Ms. Chester stated the applicant
has entered into a Water Services Agreement with the North Weld County Water Enterprise, which
has been reviewed by the County Attorney's Office and the Department of Planning Services staff,
and the cost of the water services will be included in the improvements agreement. Ms. Chester
stated the proposal is consistent with the Zoning Ordinance, Comprehensive Plan, and the Planned
Unit Development Ordinance. She further stated the development will be compatible with surrounding
uses, does not lie within an Urban Growth Boundary,is not an urban development,will have a minimal
impact on surrounding land uses,the site will be serviced by the North Weld County Water District and
independent septic systems, and the proposed roads will be adequate.
In response to Commissioners Baxter and Geile,John Sutter, applicant, stated there is an agreement
with the Eaton school district, and added it would be very difficult to augment deep well water,
therefore, he decided to obtain services from the North Weld County Water District for potable water.
Mr. Sutter stated the site will use one share of Larimer/Weld Irrigation water for the agricultural outlot,
which should be adequate. Mr. Sutter further stated he will remain the owner of the agricultural outlot,
and explained a small development would best utilize this portion of the property, which was not
agriculturally very productive. Mr. Sutter stated the development is almost completely surrounded by
the agricultural outlot, which will isolate the residences from others in the area. In response to
992907
pc PbP PL1274
HEARING CERTIFICATION - JOHN AND JAMES SUTTER (S#496)
PAGE 2
Commissioner Baxter, Mr. Sutter stated this site has been family owned for over 100 years and the
outlotwill remain in agricultural production. In response to Commissioner Kirkmeyer,Mr.Sutter stated
the outlot is approximately 185 acres in size. Responding to Commissioner Geile, Mr. Sutter stated
the covenants prohibit modular homes on the lots; the buildings are required to have at least a 1,650
square-foot interior living space on the ground floor.
No public testimony was offered concerning this matter.
Mr. Morrison stated the Water Agreement with the North Weld County Water District requires the
developer to contribute $25,000 for the transmission line. Mr. Morrison explained that because the
North Weld County Water District does not hold collateral, the applicant has agreed to post the
$25,000.00 contribution as collateral through the Weld County process. In response to Commissioner
Baxter, Mr. Morrison stated the water line will be inspected by the engineers of the North Weld County
Water District and the collateral will not be released until the water district has inspected the site and
agrees the work has been completed. Responding to Commissioner Vaad, Ms. Chester stated
building permits will not be issued until water is available on the site, or adequate collateral is posted
to ensure the water will be available. In response to Commissioner Kirkmeyer, Mr. Morrison explained
the North Weld County Water District has not required collateral in the past and he feels that requiring
the applicant to submit collateral to the County will ensure the work is completed.
Commissioner Baxter moved to approve the request of John and James Sutter for a Site Specific
Development Plan and Planned Unit Development Final Plan, S#496, for five (5) E (Estate) zoned
lots and one (1) A (Agricultural) zoned outlot, based on the recommendations of the Planning staff,
with the Conditions of Approval and Development Standards as entered into the record. The motion
was seconded by Commissioner Vaad, and it carried unanimously.
This Certification was approved on the 13th day of December, 1999.
APPROVED:
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ATTEST: I'•,� _�/ BOARD OF COUNTY COMMISSIONERS
/,;//;•'- ` COUNTY, CO RADO
Weld County Clerk to t.!
i r i► Dale K. Hall, Chair
BY: L • e,e
Deputy Clerk to the ��'�t 1I,,lr�'�
��N1 Barbara J. Kirkmey r, Pro-T
TAPE #99-39
eorg axter
DOCKET#99-59
M. J Geile
Glenn Vaad
992907
PL1274
EXHIBIT INVENTORY CONTROL SHEET
Case S #496 - JOHN AND JAMES SUTTER
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Planning Staff Request for Continuance (09/22/99)
C. Applicant Two letters re: Water (09/05/99 and
05/24/99)
D. Applicant Letter re: Water Service (11/16/99)
E. Planning Staff Photo and Affidavit of sign posting
F. Planning Staff Water Service Agreement (4 pages)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF DECEMBER, 1999:
DOCKET #99-59 - JOHN AND JAMES SUTTER
DOCKET #99-72 - PATRICIA HEALY
DOCKET#99-73 - LESLIE AND JEANNE GELVIN
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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