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HomeMy WebLinkAbout982612.tiff .PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION PLANNING DEPARTMENT USE ONLY: )� Case Number Application Fee: t Zoning District Receipt Number C) gu `7 3 Date Application Checked By: i 12 Planner Assigned to Case: 1 TO BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures). /(we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Please see attached legal description. (If additional space is required, attach an additional sheet of this same size or a copy of the deed) PARCEL NUMBER: 0 8 0 3 1 0 0 0 0 0 1 4 (12 digit number-found on TAX I.D. or obtained at the Assessor's Office) NAME OF PROPOSED PUD SUBDIVISION Avery Acres EXISTING ZONING Agriculture PROPOSED ZONING Estate/Agriculture OTAL ACREAGE *197 acres OVERLAY DISTRICTS PROPOSED DEVELOPMENT GUIDE SUBMITTAL (Specific or Conceptual) Conceptual PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING: NAME John Avery Sutter PHONE 970-454-3322 ADDRESS 800 Hawkstone Drive, #27 Eaton, CO 80615 NAME James Ted Sutter PHONE 312-831-2046 ADDRESS 30 Inverness Court Lake Bluff, IL 60044 APPLICANT OR AUTHORIZED AGENT (if different than above `) NAME ADDRESS HOME TELEPHONE BUSINESS TELEPHONE * If agent is different from the property owner, please submit written documentation from the property owner authorizing said agent to represent the owner. Weld County Planning Dept. Si re: Ow er or Authoiized Agent SEP041998 8 982612 Avery Farms c/o: John/Jim Sutter 800 Hawkstone Drive, #27 Eaton, CO 80615 970-454-3322 (John) 312-831-2046 (Jim) September 3, 1998 Mr. Scott Ballstadt BY HAND Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Dear Scott, Attached please find the Conceptual Development Guide for our Avery Acres PUD. Enclosed with this letter please find the following: -Planned Unit Development "Change of Zone" Application -check for $2,000.00 covering the "Change of Zone" application fee -copy of the Quit Claim Deed showing that John A. and James T. Sutter are the owners of the property -Names of Owners of Property within 500 feet of Avery Acres and signed affidavit -Names of Owners of Interest Owners: Mineral and Surface Estate and signed affidavit -12 copies of our Conceptual Development Guide -12 copies of a letter to Mrs. Monica Daniels-Mika, Director of Weld County Department of Planning Services requesting an exception to the requirement that public water be used. -12 copies of our Geotechnical Investigation agreement -12 copies of our draft Restrictive Covenants -12 copies of the required maps You will note that we are still awaiting the Geotechnical investigation report and as soon as we receive it we will submit it to you. We expect it to be completed by the 20th of September, 1998. We are anxious to get this Planned Unit Development approved and underway. We will make ourselves available to meet with you as required. Please don't hesitate to call either of us at the phone numbers listed above. Thanks in advance for your help! Sincerely your hn Sutter . Sutter EXHIBIT 7 Conceptual Development Guide: "Avery Acres" PUD (Page 1) Project: Planned Unit Development Change of Zone for 5 residential lots and one agricultural outlot Legal: Lot B of RE-1683 being part of W2W2 and NE4SW4 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 43; south of and adjacent to Weld County Road 72 Parcel Number: 0803 10 000014 This PUD will consist of a large, non-buildable agricultural outlot and 5 residential lots. The 15 acre site selected for the residential lots is a part of a 197 acre farm which is higher ground and cannot be economically irrigated. The residential lots will have beautiful views as they slope to the west. All residential lots will be zoned for personal residences only, there will be covenants specifying house sizes, type of fencing, ability to have animals, ability to park automobiles outside, and setting minimum landscape requirements. 1. Environmental Impacts: a. Not applicable as no manufacturing will be allowed under the restrictive covenants. b. This small PUD on the large agricultural outlot should not create any smoke, dust or odors. c. Not applicable in this small PUD. d. The restrictive covenants will protect against unsightly buildings being constructed or junk being left on the sites. the landscaping, when completed, should actually increase the beauty of the property. e. Not applicable in this small PUD. f. Septic systems are to be constructed on each lot. The lots will meet the requirement that each lot be a minimum of 1 acre and that the density of septic systems be no greater than 1 per each 2.5 acres -there is more than adequate land on the entire farm to meet this requirement. g. Septic systems will be used to dispose of personal waste water. Agricultural and storm waste water will be managed as it currently is - namely this soaks into the ground due to the generally prevailing arid conditions with heavier concentrations moving westward towards the Lone Tree Creek as it has done for the last 100's of years. This planned P.U.D. will do nothing to change those natural flows. We have recently torn down 2 houses, one large machine shed, one garage and several other farm outbuildings and turned the large farmyard into farmland. The roofspace and roads which our small PUD creates should be about the same area as what we have recently done away with so concerns over additional downstream run-off can be dismissed. h. The 15 acre residential site is a dryland hillside so no wetland is being effected. i. The proposed residential site is currently subject to erosion as we attempt to intensively irrigate it. When put into residential lots, and landscaped with native plants well suited to this environment (as called for in the covenants)the erosion risk will be reduced. Page 2 - Conceptual Development Guide: "Avery Acres" PUD j. The residences will be built in accordance with county standards and will have engineered foundations - this should ensure that no environmental impact occurs due to excavating, filling or grading. k. In accordance with section 3.5 of the PUD ordinance we request that each lot owner be allowed to drill his own domestic well. Given the size of the agricultural outlot there should be no adverse environmental impact due to this. 1. Not applicable in this small PUD. m. Not applicable in this small PUD. n. The landscaping, when completed, should foster a return of wildlife who will live in the trees, bushes. Today's agricultural use has removed virtually all of the wildlife. o. By establishing residential lots on this "poor" agricultural land and landscaping them in accordance with the restrictive covenants there will be a return to natural vegetation. Today's agricultural use has removed the natural vegetation. p. Not applicable in this small PUD. 2. Service Provision Impacts: a. This is a low density residential PUD of only 5 lots. Schools should not be impacted beyond the normal growth they plan for. b. This is a low density residential PUD of only 5 lots. Law Enforcement should not be impacted beyond the normal growth they plan for. c. This is a low density residential PUD of only 5 lots. Fire Protection should not be impacted beyond the normal growth they plan for. d. This is a low density residential PUD of only 5 lots. Ambulance Service should not be impacted beyond the normal growth they plan for. e. An existing field road, which leads to the site from Weld County Road 72, will be re-routed and improved to county standards for low volume, non-paved access roads. We had previously understood that Weld County regulations called for the County to take over maintenance of this access road on the 1-year anniversary of its county approval. We will still pursue this option. If this is not possible a road association will be formed with its procedures outlined in the restrictive covenants for the residential outlots. An easement to use the road will be granted by the owner of the agricultural outlot to the residential lot owners and the County. We also request an exception to the normal requirement that development be served by an internally paved road system. We request an exception from the Director of Department Planning Services for our non-urban residential PUD of 5-lots. The internal gravel roads will be constructed to County standards. f We respectfully request that the County waive the requirement for a "traffic impact analysis" as the traffic volume will be very light in this low density residential PUD of only 5 lots. g. The historic storm water drainage patterns and runoff amounts will be maintained in this PUD development as the natural slope to the west, and eventually to The Lone Tree Creek, will be maintained and no paving will be done. The erosion possibilities will be minimized as we reduce the "intensive farming" on this hillside and instead replace it with covenant mandated natural grasses/plants. Page 3 - Conceptual Development Guide: "Avery Acres" PUD We are respectfully requesting a waiver to the requirement for a "Storm Water Engineering Study and Drainage Plan prepared by a Colorado licensed engineer" as the quotation we received for preparing such a study was $4,000 and their availability was over 60-days. We do not believe that for this small PUD, which will not interrupt natural storm water flows this should be required, and especially given the quotation by the limited number of engineers available. Furthermore, we have recently torn down 2 houses, one large machine shed, one garage and several other farm outbuildings and turned the large farmyard into farmland. The roofspace and roads which our small PUD creates should be about the same area as what we have recently done away with so concerns over additional downstream run-off can be dismissed. (We did this work under a County demolition permit.) h. The sites will be served by domestic wells, septic tanks and propane. The electricity will be provided by Public Service of Colorado. i. We are requesting that an exception for a five (5) lot or less residential PUD be granted by the Department of Planning Services in accordance with section 3.5 of the PUD ordinance thereby allowing each lot owner to drill his own domestic well. We have checked with local well-drilling companies and they have confirmed their opinion that adequate supplies of groundwater exist for 5 domestic wells. Provisions will be made for each residential lot owner to be able to use existing irrigation ditches to bring available ditch water to their lots. They can rent irrigation water from the appropriate authorities for their use and then use flood irrigation to provide surface water to their landscaping. j. Septic systems are to be constructed on each lot. The lots will meet the requirement that each lot be a minimum of 1 acre and that the density of septic systems be no greater than 1 per each 2.5 acres - there is more than adequate land on the entire farm to meet this requirement. 3. Landscaping Elements: a. We respectfully request a waiver from providing a landscape map. There will be no centralized landscaping with each residential lot owner being responsible for complying with the regulations spelled out in the restrictive covenants. There is currently no landscaping on the agricultural outlot and none will be added. We note the staff recommendation that a'landscaped buffer' be considered along the west side of the internal road which separates the residential and agricultural land. We do not believe this is necessary as there is a natural barrier consisting of a sharp elevation differential, approximately 6' and an approximately 3' wide irrigation ditch. These natural barriers are to the west side of the proposed internal road and should provide adequate shelter from dust and crop-spraying. b. The restrictive covenants outline landscaping requirements. c. Each residential lot owner will be responsible for landscape maintenance on their lot and if they fail to meet this requirement there will be provisions for the P.U.D. road association to enforce these requirements. Page 4 - Conceptual Development Guide: "Avery Acres" PUD d. We respectfully request a waiver to the requirement for an "on-site improvements agreement" to be submitted to the Department of Planning Services. There will be no general improvements with each lot-owner responsible for their own per the covenants. e. The restrictive covenants call for native vegetation to be planted on the residential lots. It is the intention that each dwelling with have a small, irrigated lawn which can be watered using the domestic well and then primarily dryland landscaping on the balance of the lot. If so desired by the residents provisions will be made for each residential lot owner to be able to use existing irrigation ditches, on the large agricultural outlot, to bring ditch water to their lots. They can rent ditch water from the appropriate authorities for their use. 4. Site Design: a. This PUD will consist of a large, non-buildable agricultural outlot and 5 residential lots. The 15 acre site selected for the residential lots is a part of a 197 acre farm which is higher ground and cannot be economically irrigated. The residential lots will have beautiful views as they slope to the west. All residential lots will be zoned for personal residences only, there will be covenants specifying house sizes, type of fencing, ability to have animals, ability to park automobiles outside, and setting minimum landscape requirements. The lots have been designed so that each runs east-west to ensure an unobstructed view of the mountains to the west. b. By allowing this PUD the County is assuring that each type of land is being put to its best and highest use. The poor agricultural land will be used to provide beautiful residential lots and the good agricultural land will be preserved forever as agriculture land. It is the current family owners' intention to keep the agricultural land in the family for generations to come. c. This small, non-density residential PUD will be consistent with the County's overall plan to ensure that all land is put to its best use. The Weld County Comprehensive Plan states: "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." The 15 acre site selected for the residential lots is a part of a 197 acre farm which is higher ground and cannot be economically irrigated. The residential lots will have beautiful views as they slope to the west and they are separated naturally from the large agriculture outlot by elevation. This small PUD allows for estate zoned lots to be created in a wonderful setting (due to the western sloping views) while allowing prime agricultural land to remain in production. The natural separation provided by the site's elevation allows the lot-owners to "view" the agricultural production area from above and the agricultural operators to continue producing without conflict. The "Right to Farm" covenant will be included in the land use plat. d. This PUD will be consistent with adjacent land uses as it provides for a large agricultural outlot on the good agriculture land and low-density residential lots on the poor farmland. e. Not applicable in this small PUD. Page 5 - Conceptual Development Guide: "Avery Acres" PUD 5. Common Open Space Usage: 1. There will not be any designated open space within the PUD. We understand that in non-urban scale developments with a minimum 80-acre agricultural outlot, the preservation of the agricultural outlot can be considered to meet the intent of the common open space requirement. We respectfully request that the remaining agricultural outlot be accepted as the open space in this requirement. It provides a significant border between the residential PUD and any county roads as well as ensuring that the open feel which these lots will have is maintained forever. 2. Not applicable in this small PUD. 3. Not applicable in this small PUD. 6. Signage: 1. The only sign which will be erected in conjunction with this low density PUD is a street sign on Weld County Road 72. All necessary regulations will be complied with. 2. Signage on all residential lots is prohibited except for name, lot number signs at the end of each driveway -these will comply with Weld County regulations and the covenants within the small PUD. 7. MUD Impact: This low-density residential PUD allows for a high quality development ensuring that all land is put to its best, and highest, use. We are not sure if the parcel is in the MUD but if so then this small development must meet the MUD intent and requirements. 8. Intergovernmental Agreement Impacts: This small residential PUD is not subject to an IGA. Avery Farms do: John and Jim Suffer 450 Walnut Avenue Eaton, CO 80615 Phone: (970) 454-3322 Fax: (970) 454-2575 February 9, 1998 Mrs. Monica Daniels-Mika, Director Department of Planning Services Weld County 1400 North 17th Avenue Greeley, CO 80631 Dear Mrs. Daniels-Mika, We are writing to you at the suggestion of Mr. Todd Hodges. He was very helpful to us in a recent discussion and we are now in the final stages of preparing a sketch plan for a Non-Urban Scale Planned Unit Development(PUD). Our proposed PUD will consist of a large non-buildable agricultural out-lot and 5 residential lots. The 12 - 15 acre site selected for the residential lots is a part of a 197 acre farm which is higher ground and cannot be economically irrigated. The residential lots will have beautiful views as they slope to the west. We are seeking an exception from the requirement that public water be used within the PUD. We understand that the ordinance provides for an exception as follows: "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 must be considered a non-urban scale development as defined in this 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." We believe that our proposed PUD fulfills the requirements for a non-urban scale development and it allows this land to be put to its best and highest value use. There is no public water available on this site and it would be very expensive to bring it in. This is a critical issue for us as we proceed with this project. We would appreciate an indication from your good office as to whether or not this request will be given your approval. We might have taken a step which was unnecessary but we also contacted the Colorado State Engineer at the Division of Water Resources in Denver. We wrote him a letter providing background on our request. I've attached that letter so you can what we have done and also have the benefit of the background information. Page 2: Letter to Mrs. Monica Daniels-Mika, Director Thanks in advance for your help on this issue. If there are questions or further information needed please don't hesitate to contact us. I actually live in Chicago at present so am writing to you from there. My brother John lives in Eaton and his contact address and phone is shown above. Please use that as the address for any correspondence. S' rely y urs, iM utter cc: Mr. Todd Hodges, Current Planner II Mr. John Sutter SE. Smith Oeotechnicai ENGINEERING CONSULTANTS August 20, 1998 98.056T John& Jim Sutter 800 Hawkstone Drive,#27 Eaton, CO 80615 Re: Geotechnical Investigation, Lot B of RE-1683 being part of W1/2W1/2 and NE 1/4S/4S W1/4 of Section 10,T6N,R65W, Weld County, Colorado Dear Mr. Sutter: We have reviewed the scope of work required to provide a geotechnical investigation for your proposed subdivision. Our cost estimate includes drilling one (1)boring on each of the five lots, obtaining samples for testing, conducting laboratory tests for swell/consolidation and to determine the allowable bearing capacities, and provide a written report summarizing our study. We will also measure the water levels at the time of drilling and after 24 hours. Following is our cost breakdown. 1. Drilling $ 770.00 2. Logging Borings/Water levels/Utility Locates $ 530.00 3. Laboratory Testing Swell/Consolidation Tests/Strength Tests $ 750.00 Moisture&Density Tests $ 150.00 Classification Tests $ 400.00 4. Report $ 340.00 TOTAL $2,940.00 If you have any questions,please feel free to call us at 970-490-2620. Sincerely, GEOTECHNICAL frisfe----igf ;:2- Duane H. Smith,P.E. 1225 Red Cedar Circle, Suite H • Fort Collins,CO 80524 • (970) 490-2620 • FAX (970) 490-2851 AUG 25 '98 17 04 PAGE.003 • ENGINEERING S .RVICE A TREEMENT CLIENT: John&Jim Sutter Date: August 25, 1998 Avery Farms Phone: 970-454-3322 (John) Address: 800 Hawkstone Drive,#27 Phone: 312-831-2046 (Jim) City and State: Eaton, CO 80615 Fax: 312-831-1275 (Jim) Email:jimsutterecargill.com ENGINEER: SMITH GEOTECHNICAL Phone: 970-490-2620 Address: 1225 Red Cedar Circle, Suite H Fax: 970-490-2851 City and State: Fort Collins, Colorado 80524 Email: stnithgeo@pageplus.com SERVICES TO BE RENDERED: Geotechnieal nvestigation for S lot PIJD located in Section 10, T6N,R65W, Weld County, Colorado. Scope of work per letter of August 20, 1998 and Clients letter of August 25, 1998. PERIOD OF SERVICE: [X] Services will commence upon return of signed copy of this Agreement. 13 Services will commence immediately but may be suspended if a silted copy of this Agreement is not returned within ton (10) calendar days. [ 1 Services will commence COMPENSATION: Client will pay SMITH GEOTECHNICAL for services as follows: [X) A lump sum amount of S 2.940.00 per letter of August 20. 1998 (attached\ [ 3 On the basis of SMITH GEOTECHNICAL current billing rates plus expenses. [ ] Other as defined: GENERAL CONDMONS: Payees will be due in MI fifteen days(IS)after the dale of the invoice. It is agreed that If payment in hill in not paid when due.SMITH GEOTECHNICAL(SGE)will cane work immediately. Client may suspend or tennhae SMITH GEOTECHNICAL for cause by written nonce. In OW event any delay or suspension by the Client wound;three (3)Months.SMTI'H GEOTECHNICAL may requite adjustment of The comprnution provided herein. In the event this Agreement it emanated by either party prior to the cpnpletion of seMen.Client agrees to pay SMITH OEOTECHNICAL for all services rendered and express trawled,u set forth in this Agreement,to the date of tem,ina- don plus expenses attributed to the teroiloarfon. The Client will pay a finance charge of 1.5%per month on any unpaid balance on accounts W ny(30)day;alter the invoice date. It is expressly understood that dr amount of the More charge will be added to the act'.ow bslaia at the end of each month. It is agreed that SMITH GEOTECHNICAL's liability to the Client and all construction camaeon for pror ationul errors,omitsiom.or negligence in the service rendered under this Agrscment shat be 550,000.00. Contract documents prepared for construed=of the Nitta shall include similar p . The CLIENT nutlet stipulates dal .2)the Client shalt be responsible for providing entry of SGE personae!to the 714.3)and that whit SCE pettoarl will tats all reasooabk precautions to minimize property damage,ids welerstood that normal drilling activities will cause some damage where drilling may be required and the repair of atadh ants is not a pan of this contract.4)a;d die CLIENT has made a reasonable effort in evaluate whether haasdous materials ate oat or near die project sits and Itsa informed SGE of any such findings and the type and extent of such. Should SCE encounter any such unknown materials it shall notify the CLIENT Immediately and the Ending of such shall constitute a CHANGED CONDITION.5)and that Smith Geoeehnical will nut be responsible for coWyucton cream or practices tat are outside of die control of SGE. SUE will not be responsible for smhetunl components that art not inspected by SGE during contruwtion.6)and mat and.it is agreed that SMITH GEOTECHNICAL's liability to the Client and ill construction contractors for profeasional errors.omission.or negligence in the services rendered hider this Agtocorn than be$250.000.00,7)and SGE will not he responsible for structural component that are not inspected by SCE during tmMamm. This Agreement may be terminated by the OWNER without Case upon five(5)days written notice to ENGINEER. ENGINEER may terminate this Agreement upon five(5) days written Noce If It is not being compensated for in services and it has flea glum minim notice of such intention and the claimed dispute is not resolved within such period of time. The ENGINEER shall be compensated for as work conducted up to the due of the written notice of ttrmisston Is rative4. The ENGINEER shall also be compensated for any wort.beyond that date, requested by the OWNER to provide infotmaton, summaries. report',or drawings associated with work completed by the ENGINEER. The laws of the Star of Colorado shall govern the validity of It AGREEMENT and is ihtetpreatlon and performance. This Agreement.and any stated atucbnrnts,shall eotWitue or eomplea yrwnnent between SMITH GEOTSCHNICAL and the CLIENT and no other verbal or written communication shall govern unless a new AGREEMENT is initiated and signed by alt parries. PLEASE READ, SIGN,-MRETURN ORIGINAL COPY TO THE ENGINEER CLIENT: ( ENGINEER: By: 0 Date: ?/v - ( 6? Date: e/a751f S AUG 25 '98 17:03 PAGE.002 Avery Farms Weld County Planning Dept. c/o: John and Jim Sutter 800 Hawkstone Drive, #27 OCT 2 6 1998 Eaton, CO 80615 Phone: (970) 454-3322 (John) RECEIVED Phone: (312) 831-2040 (Jim) Fax: (970) 454-2594 October 20, 1998 Ms. Sheri Lokman, Current Planner BY FAX(970-352-6312) Weld County Planning Department (this is page 1 of 2 pages) 1400 17th Avenue Greeley, CO 80631 Subject: Z-516 -Avery Acres Planned Unit Development Dear Ms. Lokman, I hope that by now you have received the information which I mailed to you last week. It included copies of letters we have sent to our neighbors and revised covenants. My brother and I had a discussion today and he informed me that you wanted a'landscape plan' for the common area just to the west of the proposed PUD. We have discussed that issue and come up with a plan. A short description of that plan is written on the attached sheet. We have revised the proposed covenants to include the responsibilities which this will place on the Avery Acres Road Association. A copy of those revised covenants, along with the original of this letter and the "Landscape Plan" have been mailed to you. We appreciate your regular feedback and questions on this application. We are not experts on this process and will only be successful with your direction. Thanks for that help! If there are more questions or issues please keep calling and letting us know. S ere yours, • • i Sutter cc: John Sutter `F Avery Acres Planned Unit Development(PUD): Landscape Plan Upon approval of this PUD a road will be constructed off WCR #43 leading to the 5 residential lots. This is drawn on our plat. Upon construction of this road we will level the field in the northeast corner of the large agricultural outlot such that the field will irrigate the full length from north to south. This will eliminate the need for the irrigation ditch which currently runs just to the east of that particular field and is used to deliver water to the field on the south side of the current road leading up to the hillside where the proposed lots are located. This irrigation ditch will be filled in and the area graded. Natural grasses (see below) as recommended in the covenants will be planted in this area. The covenants will be amended to include mowing of this area within the responsibilities of the Avery Acres Road Association. (The potential native vegetation is dominated by blue grama or buffalo grass. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Seeding will be required to develop or improve the stand - sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass and crested wheatgrass are all suitable for seeding. Seeding early in the spring is said to be most effective.) The combination of this return to natural vegetation and the elevation difference from the agricultural lands below the residential lots will ensure that a natural break is present and the natural beauty maximized. At the discretion of the Avery Acres Road Association some shrubs or trees could be planted. Dated: October 20, 1998 Restrictive Covenants- 'Avery Acres' Planned Use Subdivision: The 'Avery Acres' Planned Use Subdivision (PUD) will consist of 5 individual residential lots located on sites of 2 - 3 acres. These 5 residential lots will be part of a large PUD including an additional large agricultural outlot. All development on these residential sites must be done in such a manner so as to encourage preservation of the site's natural characteristics and scenic features. The following restrictive covenants will apply to initial, and subsequent, owners of any of the residential lots within the 'Avery Acres' PUD. These covenants are legally binding and may be enforced by a court of law through action brought about by either governmental agencies or other interested parties (other residents of'Avery Acres', owners of adjacent farm property, etc.) These covenants will become a part of the final plat and are to be regularly enforced by the Weld County Authorities. Road Association: A road association is to be formed among the 5 property owners in 'Avery Acres'. As the County will be responsible for maintaining all roads aside from individual driveways one year after their final inspection approval it is envisaged that this road association will be dormant. This association will also be responsible for maintaining/mowing grass on the areas adjacent to the roads(west side - where new planting will be done). The purpose of this association will be to fund maintenance on the roads, determine whether improvements are necessary, determine whether snow plowing needs to be arranged, etc. should the County cease to maintain the road at some time in the future. All 5 property owners must have an equal vote in all decisions and share equally in the expenses of this road association. The liabilities which property owners in 'Avery Acres' have to this association are legally binding and it is agreed that a lien can be attached to property as required to collect past due assessments. If the County fails to maintain the roads then this association is to meet at least once per year to conduct business, elect a Chairperson (must be one of the registered land owners in 'Avery Acres'), agree on the amount of annual assessment, etc. Notes are to be kept and held by the Chairperson with each registered owner in 'Avery Acres' having the right to receive a copy of same. Dwelling/buildings: There is to be one dwelling built on each lot. The construction must be done using new materials and following normally accepted construction methods. The dwelling must have at least 1650 square feet of interior living space on the ground floor excluding garage space, covered porches and covered patios. The exterior of the dwelling shall be either masonry or wood siding with the color painted or stained an earth tone. The roof is to be either wood shingles or an earth tone colored asphalt shingle. Any garage or other outbuilding constructed on the lot must have the same exterior finish/color as the dwelling. No prefabricated buildings or mobile homes are allowed on the property at anytime. No signs aside from small name and address signs are allowed anywhere within Avery Acres. continued on next page Page 2: Restrictive Covenants- 'Avery Acres' Planned Use Subdivision: Electricity, Telephone, Cable TV, etc.: Any cables used to provide these or other similar services must be buried underground following burial procedures which meet Weld County code regulations. All "feed" cables coming from Weld County Road 43 are also to be buried. Satellite Dishes/Antennas: Satellite dishes are allowed provided there is not more than one on each lot and the diameter of the dish does not exceed 6 feet. It is the lot owners responsibility to place the satellite dish in the least offensive (to neighbors)location possible. Under no circumstances can a satellite dish be installed on the west side of the dwelling. Antennas for radios, televisions, etc. are not to be more than 3 feet taller than the tallest point of the residence on the lot. Landscaping: It is the intent that the site's natural characteristics will be maintained or re-established. Therefore each lot owner will be required to plant native vegetation on their land, which is not adjacent to their home or which has been planted as irrigated lawn. The potential native vegetation is dominated by blue grama or buffalo grass. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Seeding will be required to develop or improve the stand- sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass and crested wheatgrass are all suitable for seeding. Seeding early in the spring is said to be most effective. Windbreaks and environmental planting of trees and shrubs is encouraged and required. Each landowner will be required to plant a shrub/tree windbreak running east-west along a line not less than 10 feet inside the northern border of their property. It is not necessary to extend along the entire northern edge of the lot but at least 50% must be covered with trees/shrubs planted in a normal windbreak density. The objective of this is to create natural breaks between properties and, over time, develop a favorable habitat for wildlife. Trees that are best suited are Rocky Mountain Juniper, eastern redcedar, ponderosa pine, cherry, hawthorn, oaks and hackberry. Shrubs that are best suited are skunkbush sumac, lilac, Siberian peashrub, Chokecherry, misc. Currant, Serviceberry, Cotoneaster, sumac, wild rose. wild gape,buffalo berry and American plum. It is the responsibility of the lot-owner to use these recommended trees/shrubs in their windbreak planting. Adjacent to each dwelling the property owner is to plant, develop and maintain a neat, tidy irrigated lawn of bluegrass. It is also expected that some trees will be planted around the dwelling to provide shade over the years. Cultivation to control competing vegetation should be done for as many years as required following planting of the natural grasses, the windbreak and the lawn. Should weeds become unsightly(12 inches tall or more) on any residential lot the County will be authorized to remove said weeds and charge the landowner for these services. Should the County, at some time in the future, not be in a position to enforce these covenants then the Avery Acres Road Association shall become authorized to do so. continued on next page Page 3: Restrictive Covenants- 'Avery Acres' Planned Use Subdivision: Motor Vehicles/Campers/Trailers: Motor vehicles are to be kept in a garage. Visitors may park motor vehicles in the driveway • but lot-owners are not allowed to store extra vehicles anywhere on their property. Any camper, trailer or boat parked on the property must be covered with a proper canvas or tarpaulin cover and parked in the least offensive (to neighbors) location possible (not on the west side or front of the property). A maximum of one camper, trailer or boat may be parked on the property at any one time, unless parked inside a garage. Fences: Any fences built on the property are to be built from wood and in a style so as to ensure compatibility with the natural look of the dwelling. Only natural colored stain may be used as a surface covering. It is the landowners responsibility to ensure that regular maintenance is done including resurfacing, if the fence is originally stained. A design that will allow free passage of wildlife should be used- the Division of Wildlife can provide information on this - on a split rail fence this means the bottom rail should be at least 16 inches off the ground and the top rail no higher than 40 inches. Animals: Lot-owners may keep a maximum or 3 dogs or cats on their property but these must be kept under control and not allowed on other lot-owners property. The pets must be licensed as per Weld County laws. Farm animals such as cattle, pigs, sheep, goats, chickens, etc. are not allowed anywhere on the property. This list is understood not to be all inclusive and the limitation is understood to apply to any animal beyond a cat or dog with the exception of the horse allowance listed below. (Llama, Alpaca, Ostritch, and all similar type animals are understood not to be allowed.) Horses may be kept on the property provided a wooden corral is constructed. Any buildings or fences constructed for horses must meet the requirements laid out in these covenants. The horses are to be fed hay in their corral as their main food source, light grazing periodically on the rest of parcel is allowed but it is the responsibility of the lot-owner to restrict the horse's movement to prevent overgrazing. No more than 2 adult horses may be on the property at any time. Home Trash: All home trash must be contained in raccoon proof containers. If dumpsters are used the lids should be closed and secured to prevent wildlife or the wind from spreading the trash. Failure to Maintain Property or other violations of these covenants: Should any lot-owner violate any of these covenants either with initial construction or over time through neglect or lack of maintenance work, it is the right of other property owners, including the owner of the adjacent agricultural outlot, to take the issue to Weld County Officials and have them enforce these covenants. It is expected that this will result in an injunction instructing the property owner to follow the rules spelled out in these covenants. If the lot-owner does not then comply the Court can appoint a 3rd party to make the changes necessary and put a lien on the violator's property to collect the cost of the same. continued on next page Page 4: Restrictive Covenants- 'Avery Acres' Planned Use Subdivision: Tenure of these Covenants: These covenants have been developed by the original owners and developers of Avery Acres and are to remain in force in perpetuity. Any lot-owner, whether original or a re-purchaser, agrees through their purchase of a lot in Avery Acres to abide by these restrictive covenants. Signed, John Avery Sutter James Ted Sutter Carolyn Magnuson Sutter Jennifer Sears Sutter Dated: October 20, 1998 OCT 21 '98 06 51 FROM CARO ILL-CHI CRGO TO 19703526312 PAGE.001 Avery Farms Ua John and Jim Sutter 800 Hawkstone Drive,#27 Eaton, CO 80615 Phone: 1970) 454-3322 (John) Phone: (3121831-2040 Om) Ewe (970)454-2594 October 20, 1998 Mx Sheri Lamas,Current Planner $Y FAX(970-352-6312) Weld County Planning Department (this is page 1 of 2 pages) 1400 17th Avenue Greeley,CO 80631 Subject: Z-516-Avery Acres Planned Unit Development Dear Ms. Lokman, I hope that by now you have received the information which I mailed to you last week. It included copies of letters we have sent to our neighbors and revised covenants. My brother and I had a discussion today and be informed me that you wanted a'}andsrupe plan'for the common area just to the west of the proposed PUD. We have discussed that issue and come up with a plan. A short description of that plan is written on the attached sheet. We have revised the proposed covenants to include the responsibilities which this will place on the Avery Acres Road Association. A copy of those revised covenants, along with the original of this letter and the"Landscape Plan" have been mailed to you. We appreciate your regular feedback and questions on this application_ We are not experts on this process and will only be successful with your direction. Thanks for that help! If there are more questions or issues please keep calling and letting us know. ours, Sutter cc: John Sutter SOW ll _ffi... I. 10/21/98 04:49 TX/RX N0.2911 P.001 II Jt 2ft���t�Q co-ofinf p ia- tot --Plant � 0 tv�i , � Restrictive Covens A ery Acres' Planned Subdivision: The 'Avery Acres'Planned Use Subdivision (PUD)will consist of 5 individual residential lots located on sites of 2 - 3 acres. These 5 residential lots will be part of a large PUD including an additional large agricultural outlet. All development on these residential sites must be done in such a manner so as to encourage preservation of the site's natural characteristics and scenic features. The following restrictive covenants will apply to initial, and subsequent, owners of any of the residential lots within the 'Avery Acres' PUD. These covenants are legally binding and may be enforced by a court of law through action brought about by either governmental agencies or other interested parties (other residents of'Avery Acres', owners of adjacent farm property, etc.) These covenants will become a part of the final plat and are to be regularly enforced by the Weld County Authorities. Road Association: A road association is to be formed among the 5 property owners in 'Avery Acres'. As the County will be responsible for maintaining all roads aside from individual driveways one year after their final inspection approval it is envisaged that this road association will be dormant. The purpose of this association will be to fund maintenance on the roads, determine whether improvements are necessary, determine whether snow plowing needs to be arranged, etc. should the County cease to maintain the road at some time in the future. All 5 property owners must have an equal vote in all decisions and share equally in the expenses of this road association. The liabilities which property owners in 'Avery Acres' have to this association are legally binding and it is agreed that a lien can be attached to property as required to collect past due assessments. If the County fails to maintain the roads then this association is to meet at least once per year to conduct business, elect a Chairperson (must be one of the registered land owners in 'Avery Acres'), agree on the amount of annual assessment, etc. Notes are to be kept and held by the Chairperson with each registered owner in 'Avery Acres' having the right to receive a copy of same. Dwelling/buildings: There is to be one dwelling built on each lot. The construction must be done using new materials and following normally accepted construction methods. The dwelling must have at least 1650 square feet of interior living space on the ground floor excluding garage space, covered porches and covered patios. The exterior of the dwelling shall be either masonry or wood siding with the color painted or stained an earth tone. The roof is to be either wood shingles or an earth tone colored asphalt shingle. Any garage or other outbuilding constructed on the lot must have the same exterior finish/color as the dwelling. No prefabricated buildings or mobile homes are allowed on the property at anytime. No signs aside from small name and address signs are allowed anywhere within Avery Acres. Electricity, Telephone, Cable TV, etc.: Any cables used to provide these or other similar services must be buried underground following burial procedures which meet Weld County code regulations. All "feed" cables coming from Weld County Road 43 are also to be buried. continued on next page Page 2: Restrictive Covenants - 'Avery Acres' Planned Use Subdivision: Satellite Dishes/Antennas: Satellite dishes are allowed provided there is not more than one on each lot and the diameter of the dish does not exceed 6 feet. It is the lot owners responsibility to place the satellite dish in the least offensive (to neighbors) location possible. Under no circumstances can a satellite dish be installed on the west side of the dwelling. Antennas for radios, televisions, etc. are not to be more than 3 feet taller than the tallest point of the residence on the lot. Landscaping: It is the intent that the site's natural characteristics will be maintained or re-established. Therefore each lot owner will be required to plant native vegetation on their land, which is not adjacent to their home or which has been planted as irrigated lawn. The potential native vegetation is dominated by blue grama or buffalo grass. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Seeding will be required to develop or improve the stand - sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass and crested wheatgrass are all suitable for seeding. Seeding early in the spring is said to be most effective. Windbreaks and environmental planting of trees and shrubs is encouraged and required. Each landowner will be required to plant a shrub/tree windbreak running east-west along a line not less than 10 feet inside the northern border of their property. It is not necessary to extend along the entire northern edge of the lot but at least 50% must be covered with trees/shrubs planted in a normal windbreak density. The objective of this is to create natural breaks between properties and, over time, develop a favorable habitat for wildlife. Trees that are best suited are Rocky Mountain Juniper, eastern redcedar, ponderosa pine, cherry, hawthorn, oaks and hackberry. Shrubs that are best suited are skunkbush sumac, lilac, Siberian peashrub, Chokecherry, misc. Currant, Serviceberry, Cotoneaster, sumac, wild rose. wild grape, buffalo berry and American plum. It is the responsibility of the lot-owner to use these recommended trees/shrubs in their windbreak planting. Adjacent to each dwelling the property owner is to plant, develop and maintain a neat, tidy irrigated lawn of bluegrass. It is also expected that some trees will be planted around the dwelling to provide shade over the years. Cultivation to control competing vegetation should be done for as many years as required following planting of the natural grasses, the windbreak and the lawn. Should weeds become unsightly(12 inches tall or more)on any residential lot the County will be authorized to remove said weeds and charge the landowner for these services. Should the County, at some time in the future, not be in a position to enforce these covenants then the Avery Acres Road Association shall become authorized to do so. Motor Vehicles/Campers/Trailers: Motor vehicles are to be kept in a garage. Visitors may park motor vehicles in the driveway but lot-owners are not allowed to store extra vehicles anywhere on their property. Any camper, trailer or boat parked on the property must be covered with a proper canvas or tarpaulin cover and parked in the least offensive (to neighbors) location possible (not on the west side or front of the property). A maximum of one camper, trailer or boat may be parked on the property at any one time, unless parked inside a garage. continued on next page Restrictive Covenants - 'Avery Acres' Planned Use Subdivision: The 'Avery Acres' Planned Use Subdivision(PUD) will consist of 5 individual residential lots located on sites of 2 - 3 acres. These 5 residential lots will be part of a large PUD including an additional large agricultural outlot. All development on these residential sites must be done in such a manner so as to encourage preservation of the site's natural characteristics and scenic features. The following restrictive covenants will apply to initial, and subsequent, owners of any of the residential lots within the 'Avery Acres' PUD. These covenants are legally binding and may be enforced by a court of law through action brought about by either governmental agencies or other interested parties (other residents of'Avery Acres', owners of adjacent farm property, etc.) These covenants will become a part of the final plat and are to be regularly enforced by the Weld County Authorities. Road Association: A road association is to be formed among the 5 property owners in 'Avery Acres'. As the County will be responsible for maintaining all roads aside from individual driveways one year after their final inspection approval it is envisaged that this road association will be dormant. The purpose of this association will be to fund maintenance on the roads, determine whether improvements are necessary, determine whether snow plowing needs to be arranged, etc. should the County cease to maintain the road at some time in the future. All 5 property owners must have an equal vote in all decisions and share equally in the expenses of this road association. The liabilities which property owners in'Avery Acres'have to this association are legally binding and it is agreed that a lien can be attached to property as required to collect past due assessments. If the County fails to maintain the roads then this association is to meet at least once per year to conduct business, elect a Chairperson (must be one of the registered land owners in'Avery Acres'), agree on the amount of annual assessment, etc. Notes are to be kept and held by the Chairperson with each registered owner in 'Avery Acres' having the right to receive a copy of same. Dwelling/buildings: There is to be one dwelling built on each lot. The construction must be done using new materials and following normally accepted construction methods. The dwelling must have at least 1650 square feet of interior living space on the ground floor excluding garage space, covered porches and covered patios. The exterior of the dwelling shall be either masonry or wood siding with the color painted or stained an earth tone. The roof is to be either wood shingles or an earth tone colored asphalt shingle. Any garage or other outbuilding constructed on the lot must have the same exterior finish/color as the dwelling. No prefabricated buildings or mobile homes are allowed on the property at anytime. No signs aside from small name and address signs are allowed anywhere within Avery Acres. Electricity, Telephone,Cable TV, etc.: Any cables used to provide these or other similar services must be buried underground following burial procedures which meet Weld County code regulations. All "feed" cables coming from Weld County Road 43 are also to be buried. continued on next page Page 2: Restrictive Covenants- 'Avery Acres' Planned Use Subdivision: Satellite Dishes/Antennas: Satellite dishes are allowed provided there is not more than one on each lot and the diameter of the dish does not exceed 6 feet. It is the lot owners responsibility to place the satellite dish in the least offensive (to neighbors) location possible. tinder no circumstances can a satellite dish be installed on the west side of the dwelling. Antennas for radios, televisions, etc. are not to be more than 3 feet taller than the tallest point of the residence on the lot. Landscaping: It is the intent that the site's natural characteristics will be maintained or re-established. Therefore each lot owner will be required to plant native vegetation on their land, which is not adjacent to their home or which has been planted as irrigated lawn. The potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Seeding will be required to develop or improve the stand- sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass and crested wheatgrass are all suitable for seeding. Seeding early in the spring is said to be most effective. Windbreaks and environmental planting of trees and shrubs is encouraged and required. Each landowner will be required to plant a shrub/tree windbreak running east-west along a line not less than 10 feet inside the northern border of their property. It is not necessary to extend along the entire northern edge of the lot but at least 50%must be covered with trees/shrubs planted in a normal windbreak density. The objective of this is to create natural breaks between properties and, over time, develop a favorable habitat for wildlife. Trees that are best suited are Rocky Mountain Juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian olive and hackberry. Shrubs that are best suited are skunkbush sumac, lilac, Siberian peashrub and American plum. It is the responsibility of the lot-owner to use these recommended trees/shrubs in their windbreak planting. Adjacent to each dwelling the property owner is to plant,develop and maintain a neat, tidy irrigated lawn of bluegrass. It is also expected that some trees will be planted around the dwelling to provide shade over the years. Cultivation to control competing vegetation should be done for as many years as required following planting of the natural grasses, the windbreak and the lawn. Should weeds become unsightly (12 inches tall or more) on any residential lot the County will be authorized to remove said weeds and charge the landowner for these services. Should the County, at some time in the future, not be in a position to enforce these covenants then the Avery Acres Road Association shall become authorized to do so. Motor Vehicles/Campers/Trailers: Motor vehicles are to be kept in a garage. Visitors may park motor vehicles in the driveway but lot-owners are not allowed to store extra vehicles anywhere on their property. Any camper, trailer or boat parked on the property must be covered with a proper canvas or tarpaulin cover and parked in the least offensive (to neighbors) location possible (not on the west side or front of the property). A maximum of one camper, trailer or boat may be parked on the property at any one time, unless parked inside a garage. continued on next page Page 3: Restrictive Covenants- 'Avery Acres' Planned Use Subdivision: Fences: Any fences built on the property are to be built from wood and in a style so as to ensure compatibility with the natural look of the dwelling. Only natural colored stain may be used as a surface covering. It is the landowners responsibility to ensure that regular maintenance is done including resurfacing, if the fence is originally stained. Animals: Lot-owners may keep a maximum or 3 dogs or cats on their property but these must be kept under control and not allowed on other lot-owners property. The pets must be licensed as per Weld County laws. Farm animals such as cattle, pigs, sheep, goats, chickens, etc. are not allowed anywhere on the property. This list is understood not to be all inclusive and the limitation is understood to apply to any animal beyond a cat or dog with the exception of the horse allowance listed below. Horses may be kept on the property provided a wooden corral is constructed. Any buildings or fences constructed for horses must meet the requirements laid out in these covenants. If horses are allowed to graze on the lot-owner's property the natural vegetation is not to be overgrazed. No more than 2 adult horses may be on the property at any time. Failure to Maintain Property or other violations of these covenants: Should any lot-owner violate any of these covenants either with initial construction or over time through neglect or lack of maintenance work, it is the right of other property owners, including the owner of the adjacent agricultural outlot, to take the issue to Weld County Officials and have them enforce these covenants. It is expected that this will result in an injunction instructing the property owner to follow the rules spelled out in these covenants. If the lot-owner does not then comply the Court can appoint a 3rd party to make the changes necessary and put a lien on the violator's property to collect the cost of the same. Tenure of these Covenants: These covenants have been developed by the original owners and developers of Avery Acres and are to remain in force in perpetuity. Any lot-owner, whether original or a re-purchaser, agrees through their purchase of a lot in Avery Acres to abide by these restrictive covenants. Signed, ohn Avery Sutter Jo e ed Sutter CaYolyn Magnuson Sutter Jennifer Sears Sutter Dated: September 2, 1998 Weld County Planning Dept. McRAE & SHORT, INC. 1231 8th Avenue Greeley, Colorado 80631 OCT 21 1998 Telephone (97i 356-3101 Engineering, Surveying, Planning & R EIW '� D October 21 . 1998 PROJFCT NO. 97090 Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley. Colorado 80631 RF: AVERY ACRES P.U.D. - JOHN SUTTER LOT B OF RE-1683: W2W2 8 NE4SW4. SEC. 10, T6N, R65W, 6th P.M. , WELD COUNTY. Gentlemen, At the County's request, we have reviewed and evaluated the impact of the proposed development on the storm drainage and runoff. Adding a set of improvements to each lot (minimum of 2.5 acres) will not have a significant increase in the coefficient of runoff. The addition of some higher intensity of landscaped areas around the homes, the creation of wind- breaks and the individual care of the open space will slow the runoff and improve the percolation over the existing condition. The lots drain from East to West and the lower elevations of the lot adjoin the access road. With a minimum amount of terracing and/or contour berming, additional benefits will be added to the site grading. Berming for shallow ponding along the Westerly portions of each lot will also take advantage of the moderate permability in this area. The access road will have shallow borrow swales on each side, which will also add detention areas for storm water. None of the residential lots adjoin the county road. Outlot A ( 182 Acres) will continue to be cultivated for farming and will have no change in the historical land use and storm water condition. in Ft+ Department of Planning Services October 21 , 1998 Weld County Administrative Offices PROJECT NO. 97090 RE: AVERY ACRFS P.U.D. - JOHN SUTTER LOT B OF RE-1683; W2W2 8 NF4SW4, SEC. 10, T6N, R65W, 6th P.M. , WELD COUNTY. It is our judgement +hat the increase in storm water runoff will be minimal and reasonably taken care of with the improvements cited above. If you have any questions, please contact us. Respectfully, ```%%11111111111,0 McRae & Short, ! nc. ;?12 P B O'� 6 16 j mc2Ca-e-a/S Gerald B McRae, P.E. L.S. '�.,� ..r' isonsitiminnos Copy to: John Sutter -2- Hello