The URL can be used to link to this page

Browse Search

Home My WebLink About992178.tiff RESOLUTION RE: GRANT 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 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 22nd day of September, 1999, at 10:00 a.m. for the purpose of hearing the application of John and James Sutter, 800 Hawkstone Drive, #27, Eaton, Colorado 80615, requesting a Site Specific Development Plan and Planned Unit Development (PUD) Final Plan, S #496, for five (5) E (Estate) zoned lots and one (1) A (Agricultural) zoned outlot, for a parcel of land located on the following described real estate, to- wit: Lot B of Recorded Exemption #1683; being part of the W% WY and NE%SW% of Section 10, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners deemed it advisable to continue said hearing to December 8, 1999, and WHEREAS, at said hearing on December 8, 1999, the applicant was present, and WHEREAS, Section 7.4 of the Weld County Planned Unit Development Ordinance provides standards for review of such a Planned Unit Development Final Plan, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 7.3 et seq., of the Weld County Planned Unit Development Ordinance. 2. The request is in conformance with Section 7.5.2 of the Weld County Planned Unit Development Ordinance as follows: A. Section 7.4.3.1 -- The proposal is consistent with the Comprehensive Plan, Zoning and Subdivision Ordinances, Mixed Use Development Ordinance, if applicable, and any Intergovernmental Agreement in effect influencing the Planned Unit Development. 1) PUD.Goal 2 of the Weld County Comprehensive Plan states, "encourage creative approaches to land development which will result in environments of distinct identity and character." It is 992178 PL1274 PUD FINAL PLAN, S #496 - JOHN AND JAMES SUTTER PAGE 2 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 of the Weld County Comprehensive Plan states, "Weld County recognizes the 'right to farm'. In order to validate this recognition Weld County has established an example covenant which appears on the proposed final plat." 3) The proposed site is not influenced by any Intergovernmental Agreements or the Mixed Use Development area. 4) The request is in conformance with Section 28.9 of the Weld County Zoning Ordinance. B. Section 7.4.3.2 -- The uses which will be allowed in the proposed Planned Unit Development will conform with the Performance Standards of the Planned Unit Development Zone District contained in Section 2 of the Planned Unit Development Ordinance. An approved On-Site Improvements Agreement will be required prior to recording the plat. All other Performance Standards have been addressed prior to the Board of County Commissioners hearing of the Final Plan. C. Section 7.4.3.3 -- The uses which will be permitted are 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. The proposed site does not lie within an Urban Growth Area, nor is the applicant proposing an Urban Scale Development. The Right To Farm Covenant has been attached to the request, thus informing any new residents that the area of the surrounding community is agricultural in nature. This proposal is located within the referral boundary of the Town of Eaton. Eaton reviewed this proposal and indicated no conflicts exist. The Department of Planning Services believes that granting this Planned Unit Development Final Plan will have a minimal impact on the surrounding land uses. D. Section 7.4.3.4 --Adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed Planned Unit Development in compliance with the Performance Standards in Section 2 of the Planned Unit Development Ordinance. The application was approved with individual wells during the Change of Zone Hearing. Planning staff has included a Development Standard which requires that an augmentation plan be approved by the Colorado Division of Water Resources prior to the release of building permits to allow exterior use of water for gardens, yards, animals, etc. The applicants own water rights necessary to obtain an approved plan from the Colorado Division of Water Resources. At the Change of Zone Hearing, the Board 992178 PL1274 PUD FINAL PLAN, S#496 - JOHN AND JAMES SUTTER PAGE 3 of County Commissioners requested that the applicants attempt to obtain public water. The applicants are willing to obtain water from North Weld County Water District if the cost to them does not exceed $25,000 to extend the line. • E. Section 7.4.3.5 -- 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 Planned Unit Development Zone District. The Weld County Public Works Department reviewed this request and indicated no conflict with the proposed plan. The applicants have submitted an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance). Weld County Public Works has indicated all transportation items appear to be adequate. A finalized Improvements Agreement will be required prior to recording the plat. F. Section 7.4.3.7 -- There has been compliance with the applicable requirements contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. A portion of the agricultural outlot is designated as a 100-Year Flood Plain by FEMA. All construction or improvements occurring in the flood plain as delineated on FEMA Community Panel Maps 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. The Colorado Geological Survey referral is addressed through a proposed Development Standard which will be placed on the final plat. G. Section 7.4.3.8 -- The proposed Planned Unit Development Final Plan uses are compatible with the criteria listed in the Developmental Guide. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application 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, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the PUD Final Plat: A. The Restrictive Covenants for Avery Acres shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Weld County Clerk and Recorder. B. The plat shall be amended to include a fifteen (15) foot utility easement to the front of each lot and on the same side of the access in the agricultural lot. 992178 PL1274 PUD FINAL PLAN, S #496 - JOHN AND JAMES SUTTER PAGE 4 C. The applicant shall demonstrate recorded information of all easements which are shown on the plat. This information shall be placed in the Final Plat. D. The applicant shall enter into an On-Site Improvements Agreement with Weld County. 2. The Final Plat is conditional upon the following, which shall be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development shall consist of five (5) Estate zoned lots and one (1) A (Agricultural) zoned lot. The Final Plan 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 set forth in Section 31 of the Weld County Zoning Ordinance. Development on the Agricultural zoned lot shall be limited to structures related to the agricultural use. No residential structures shall be allowed. B. If water from the North Weld County Water District cannot be obtained, the applicant shall submit an augmentation plan to be approved by the Colorado Division of Water Resources to allow exterior use of water for gardens, yards, animals, etc. An approved plan shall be in place prior to release of building permits. C. The property shall adhere to the Weld County Right To Farm Covenant. D. Lot owners shall not divert ditch water unless the appropriate ditch water rights are purchased. E. Lot owners should be informed that a crop dusting facility is located directly north of this Planned Unit Development. It is legally permitted through Use by Special Review Permit#814 and is eligible to apply for expansion. F. The site shall be developed in accordance with the recommendations contained in the geotechnical report. G. Access to any agricultural improvements on the agricultural lot shall be from Avery Drive. H. All construction or improvements occurring in the flood plain as delineated on FEMA Community Panel Maps 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. 992178 PL1274 PUD FINAL PLAN, S#496 - JOHN AND JAMES SUTTER PAGE 5 I. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. J. 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. K. In the event that five (5) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a storm water discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. L. During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. M. Dwellings on each lot are required to have engineered foundations and an open hole inspection conducted by a geotechnical engineer. Outbuildings including foundations shall be built in accordance with the Weld County Building Code. N. The applicant shall install Stop and street signs identifying Avery Acres' access at the appropriate location. O. Any signage located on the property shall require building permits and adhere to Section 42.2 of the Weld County Zoning Ordinance. P. The applicant shall comply with Sections 8.8, 8.9 and 8.10 of the Planned Unit Development Ordinance. Q. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. R. Personnel from the Weld County Departments of Public Health and Environment and Planning Services 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. S. 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. 3. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Weld County Board of Commissioners. 992178 PL1274 PUD FINAL PLAN, S #496 - JOHN AND JAMES SUTTER PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 1999. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLOR DO ATTEST: ALi/ a Dale K. Hall, Chair Weld County Clerk to th- B.:, , 'va p ■ ^ •`�',�a" * arbar, J. Kirkmeyer ro-Tem G BY: �' r / � Deputy Clerk to the•:� �P', Ci c N i $ eorge . ter APPROVED AS TO FORM: � O��✓ �_ M.J. eile ounty Atto zu,.f l/ / cd-4 Glenn Vaad 992178 PL1274 Hello