HomeMy WebLinkAbout982508.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #516 FROM A (AGRICULTURAL) TO PUD (PLANNED
UNIT DEVELOPMENT) WITH FIVE (5) E (ESTATE) ZONED LOTS AND ONE (1) A
(AGRICULTURAL) 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 16th day of December, 1998, 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 Change of Zone from A (Agricultural) to a
PUD (Planned Unit Development) District with five (5) E (Estate) zoned lots and one (1) A
(Agricultural) outlot for a parcel of land located on the following described real estate, to-wit:
Lot B of RE #1683, Part of the W'/ W'/: and NE%
SW% of Section 10, Township 6 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 28.8 of the Weld County Zoning Ordinance provides standards for
review of such a Change of Zone, 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 submitted materials are in compliance with Section 6.4.4 of the Weld County
Planned Unit Development Ordinance as follows:
A. Section 6.4.4.6.1. - 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.
982508
& Pk, CA, PL1274
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - JOHN AND JAMES SUTTER
PAGE 2
3) No intergovernmental agreements presently influence this site.
B. Section 6.4.4.6.2 - 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.
1) Section 2.1 Access Standards -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) Section 2.2 Buffering and Screening - A landscaping plan will be
required prior to acceptance of a final plan application.
3) Section 2.3 Bulk Requirements - This application does not
propose any deviation from the bulk requirements for the A
(Agricultural) and E (Estate) Zone Districts.
4) Section 2.4 Circulation - 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.
5) Section 2.5 Common Open Space - Staff has determined that the
proposed 182 acre agricultural outlot meets the intent of the
Common Open Space requirement.
6) Section 2.6 Compatibility - 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 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.
982508
PL1274
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - JOHN AND JAMES SUTTER
PAGE 3
7) Section 2.7 Design Standards and Improvement Agreements -
The Design Standards and Improvement Agreements of
Sections 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.
8) Section 2.9 Landscaping Standards - 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.
9) Section 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., Colorado
Revised Statues.
10) Section 2.13 Non-Urban Scale Development - The proposal
consists of five residential lots, not adjacent to any other PUD,
subdivision, municipal boundary or urban growth corridor. The
applicants are proposing private wells and septic systems with an
overall density of 39 acres per septic system.
11) Section 2.19 Uses - This application does not propose 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) Section 2.20 Water and Sewer Provisions - The applicant has
requested an exception to public water. Because the applicant is
proposing a 182-acre agricultural outlot the Department of
Planning Services and the Weld County Health Department
support this request.
C. Section 6.4.4.6.3 - This proposal is located within the referral boundary of
the Town of Eaton. Eaton has reviewed this proposal and indicated no
conflicts exist.
D. Section 6.4.4.6.4 - 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 6.4.4.6.5 - The Weld County Public Works Department reviewed
this application and these issues are addressed through Development
Standards #19 and #20.
982508
PL1274
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - JOHN AND JAMES SUTTER
PAGE 4
F. Section 6.4.4.6.6 -An Off-site Road Improvements Agreement and an
On-site Improvements Agreement proposal is in compliance with the
Weld County Subdivision Ordinances and a Road Improvements
Agreement is complete and has been submitted. Improvements
agreements will be required at the time the application for the Final Plan
is submitted.
G. Section 6.4.4.6.7 -A portion of the agricultural outlot is designated as
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. In a referral response dated
September 21, 1998, the Weld County Building Inspection Department is
requiring engineered foundations for each structure. The Colorado
Geological Survey referral is addressed through Development Standard
#16.
H. Section 6.4.4.6.8 - Consistency exists between the proposed Zone
Districts 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, as follows:
A. Section 6.3.1 - Environmental Impacts: The applicants have addressed
all of the potential impacts described in Section 6.3.1.2.1 of the Weld
County Planned Unit Development Ordinance.
B. Section 6.3.2 - Service Provision Impacts: The majority of service
provision impacts have been satisfactorily addressed through the
application and referral responses. The Eaton Fire District did not
respond to the referral. Additional requirements for the Eaton School
District are addressed through Condition of Approval #1A. Law
enforcement, ambulance, and water provisions will be addressed through
the application for the final plan.
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.
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. Also, Development
Standard #13 ensures that future lot owners of the subdivision are made
aware of the cropdusting facility (permitted by USR #814) that is located
on an adjacent property.
982508
PL1274
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - JOHN AND JAMES SUTTER
PAGE 5
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' Association in accordance with the requirements of Section
6.3.5 of the Weld County Planned Unit Development Ordinance.
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.
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 Change of Zone
from A (Agricultural) to a PUD (Planned Unit Development) District on the above referenced
parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The applicant shall submit evidence to the Department of Planning
Services from Eaton School District indicating that a school service
agreement has been reached.
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.
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.
D. The applicant shall submit a copy of an agreement with the property's
mineral owners stipulating that the oil and gas activities have adequately
been incorporated into the design of the site.
2. The plat shall be amended to include the following:
A. The location of possible future oil and gas drill site locations, in
accordance with Oil Goal 1 of the Weld County Comprehensive Plan.
982508
PL1274
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - JOHN AND JAMES SUTTER
PAGE 6
B. The agricultural lot shall be labeled "Non-buildable agricultural outlot".
Development on the agricultural outlot shall be limited to structures
related to agricultural use. No residential structures shall be allowed.
C. The plat shall include the Right To Farm Covenant.
D. The plat shall indicate the proximity of a cropdusting operation which is
legally eligible for expansion and may create substantial noise associated
with the operation.
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.
4. The PUD Final Plan shall comply with all regulations and requirements of the
Weld County Planned Unit Development Ordinance.
5. The site shall maintain compliance, at all times, with the requirements of the
Weld County Public Works Department, Weld County Health Department, the
Weld County Department of Planning Services, and adopted Weld County
Ordinances and policies.
6. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
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.
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.
B. Weld County will not enforce any rules or regulations 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. The
Covenants shall be reviewed by the Weld County Attorney's Office.
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.
D. The applicant shall submit evidence to the Department of Planning
Services of approval from the Weld County Public Works Department of
an approved drainage design for the access in incorporation with the
982508
PL1274
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - JOHN AND JAMES SUTTER
PAGE 7
Improvements Agreement Regarding Collateral for the transportation
portion of the PUD.
E. The applicant shall submit a Landscaping Plan in accordance with
Section 9.3 of the PUD Ordinance.
F. The applicant shall submit a time frame for construction in accordance to
Section 2.19 of the PUD Ordinance.
9. The applicant shall submit evidence adequate quality and quantity of water, as
determined by the State Engineer, as part of the Final Plan application.
BE IT FURTHER RESOLVED by the Board that the Final Plan shall be reviewed and
approved by the Board of County Commissioners at a public hearing.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
�; WE COUNTY, COLORADO /
ATTEST: 44' ) . / r� i,4��i���3 _Zee,
► r --/zr ,Constance L. Harbert, Chair
Weld County Clerk to the oar::'' is
" , 0 � — XCUSED
/ i ' 1 k , W. H. Webster, Pro-Tem
BY: ../.. At .. . .1 .:' 1
Deputy Clerk to the Bo Olsivt , EXCUSED DATE OF SIGNING (AYE)
_-i _ __ rge E. Baxter
AP" eV-. AS FORM:
DaleX. Hall
-ou S•rney a5;..�ui j bi A__
,`Barbara J. Kirkmeyer
982508
PL1274
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND JAMES SUTTER
COZ#516
1. The Site Specific Development Plan is for a Planned Unit Development (PUD) Change
of Zone from A (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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. The property owner shall be responsible for complying with the Performance Standards
of Section 2 of the PUD Ordinance.
4. The property owner shall be responsible for complying with Supplemental Procedures
and Requirements of Section 8 of the PUD Ordinance.
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.
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.
7. 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.
8. The property owner shall be responsible for maintaining compliance with the signage
requirement of Section 42.1 of the Weld County Zoning Ordinance.
9. The property shall adhere to the Weld County Right To Farm Covenant.
10. Lot owners shall not divert ditch water unless the appropriate ditch water rights are
purchased.
11. All building sites shall utilize engineered foundations.
12. Lot owners shall 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 and may create substantial noise associated with the operation
13. The Restrictive Covenants shall be amended to include any hunting restrictions.
982508
PL1274
DEVELOPMENT STANDARDS - JOHN AND JAMES SUTTER (COZ#516)
PAGE 2
14. 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.
15. The site shall be developed in accordance with the recommendations contained in the
Colorado Geological Survey geotechnical report.
16. 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.
17. The PUD shall consist of five (5) E (Estate) zoned lots and one (1) A (Agricultural)
zoned lot. The Change of Zone allows for Estate uses (5 lots) which shall comply with
the E (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 agricultural use. No residential structures shall be allowed.
18. The applicant shall elevate the access road adjacent to Weld County Road 43 to provide
adequate sight distance in both directions with a cross-culvert provided at adequate
locations.
19. The applicant shall place a Stop Sign at the entrance to the PUD prior to entering Weld
County Road 43.
20. 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.
982508
PL1274
Hello