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Administrative Review
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COLORADO
CASE NUMBER: S-496
PLANNER: Sheri Lockman
APPLICANT: John Avery Sutter and James Ted Sutter
ADDRESS: 800 Hawkstone Dr., #27
Eaton, CO 79615
REQUEST: PUD Final Plat for five estate zoned lots and one Agriculturally zoned outlot
LEGAL DESCRIPTION: Lot B RE-1683, being part of the W2 W2 and NE4 SW4
Section 10, Township 6 North, Range 65 West of the Th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 70, east of and adjacent to Weld County
Road 43 and south of and adjacent to Weld County Road 72
ACRES: 197 PARCEL# 0803 10 000014 and 039
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 7.4
of the PUD Ordinance.
2. The request is in conformance with Section 7.4.3. of the PUD Ordinance, as
follows:
a. Section 7.4.3.1--That the proposal is consistent with the COMPREHENSIVE
PLAN, Zoning and Subdivision Ordinances, MUD Ordinance, if applicable,
and any IGA in effect influencing the PUD.
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 staff's 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.
992179 S-496 1
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, as amended.
b. Section 7.4.3.2--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. 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--That the USES which would be permitted will be compatible with the
existing or future development of the surrounding area as permitted by the existing
zoning, and with the future development as projected by the COMPREHENSIVE
PLAN or MASTER PLANS of affected municipalities. 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 the granting of this PUD Final Plan
will have a minimal impact on the surrounding land uses.
d. Section 7.4.3.4--That adequate water and sewer service will be made available to
the site to serve the USES permitted within the proposed PUD in compliance with
the Performance Standards in Section 2 of this ordinance. The application was
approved with individual wells at the Change of Zone. 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 do own
water rights necessary to obtain an approved plan from the Colorado Division of
Water Resources. The Board of County Commissioners requested that the
applicants attempt to obtain public water at the Change of Zone Hearing. 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-- That STREET or highway facilities providing access to the property
are adequate in functional classification, width, and structural capacity to meet the
traffic requirements of the USES of the proposed PUD Zone District. The Weld
County Public Works Department reviewed this request and indicated no conflict
with the proposed plan.The applicants have submitted an Improvements Agreement
According 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--That there has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay districts, commercial mineral
S-496 2
deposits, and soil conditions on the subject site. A portion of the agricultural out-lot
is designated 100-year flood plain by FEMA. All construction or improvements
occurring in the flood plain as delineated on FEMA Community Panel Map 080266
0489 C and 0627 C, dated September 28, 1982, shall comply with the Flood Hazard
Overlay District requirements of Section 26 of the Weld County Zoning Ordinance.
The Colorado Geological Survey referral is addressed through a proposed
Development Standard which will be placed on the proposed final plat.
g. Section 7.4.3.8--If compatibility exists between the proposed USES and criteria listed
in the Development Guide, and the Final Plan exactly conforms to the Development
Guide. The proposed PUD Final Plan USES are compatible with the criteria listed
in the Developmental Guide.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
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 Clerk and Recorder.
(Planning Dept.)
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. (Weld County
Utility Board)
C. The applicant shall demonstrate recording information of all easements which
are shown on the plat. This information shall be placed in the final plat. (Planning)
D. The applicant shall enter into an On Site Improvements Agreement with Weld
County. (Public Works)
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as
notes prior to recording:
A. The PUD shall consist of five (5) Estate zoned lots and one (1)Agriculturally zoned
lot. The Final Plat 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 Agriculturally zoned lot shall be limited to structures
related to the agricultural use. No residential structures shall be allowed. (Planning
Dept.)
B. If water from North Weld County Water District can not be obtained the applicant
S-496 3
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 releasing building permits. (Planning Dept.)
C. The property shall adhere to the Weld County Right To Farm Covenant as listed:
Weld County is one of the most productive agricultural counties in the United States.
The rural areas of Weld County may be open and spacious, but they are intensively
used for agriculture. Persons moving into a rural area must recognize there are
drawbacks, including conflicts with longstanding agricultural practices and a lower
level of services than in town.
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban users into
a rural area. Well run agricultural activities will generate off-site impacts, including
noise from tractors and equipment; dust from animal pens, field work, harvest, and
gravel roads; odor from animal confinement, silage, and manure; smoke from ditch
burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved
"out of the way" of residential development without threatening the efficient delivery
of irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the State
of Delaware) with more than 3,700 miles of state and county roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on
patrols of the county and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families
to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road.
Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not
be equivalent to municipal services.
Children are exposed to different hazards in the county than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation
ditches, electrical power for pumps and center pivot operations, high speed traffic,
sand burs, puncture vines, territorial farm dogs, and livestock present real threats
to children. Controlling children's activities is important, not only for their safety, but
also for the protection of the farmer's livelihood. (Planning Dept.)
D. Lot owners shall not divert ditch water unless the appropriate ditch water rights are
purchased. (Planning Dept.)
S-496 4
E. Lot owners should be informed that a crop dusting facility is located directly north of
this PUD. It is legally permitted through Use by Special Review Permit#814 and is
eligible to apply for expansion. (Dept. of Planning Services)
F. The site shall be developed in accordance with the recommendations contained in
the geotechnical report. (Colorado Geological Survey)
G. Access to any agricultural improvements on the agricultural lot shall be from Avery
Drive. (Planning Dept.)
H. All construction or improvements occurring in the flood plain as delineated on FEMA
Community Panel Map 080266 0489 C and 0627 C, dated September 28, 1982,
shall comply with the Flood Hazard Overlay District requirements of Section 26 of the
Weld County Zoning Ordinance. (Dept. of Planning Services)
Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Planning Dept.)
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. (Health Dept.)
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 Water Quality Control Division of the Colorado Department of Public Health
and the Environment. (Health Dept.)
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. (Health Dept.)
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 to the Weld County Building Code. (Building Inspection)
N. The applicant shall place a stop sign and a street sign identifying Avery Acres'
access at the appropriate location. (Public Works)
O. Any signage located on the property shall require building permits and adhere to
Section 42.2 of the Weld County Zoning Ordinance. (Planning Dept.)
P. The applicant shall comply with Sections 8.8, 8.9 and 8.10 of the PUD
Ordinance. (Planning Dept.)
Q. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended. (Planning Dept.)
R. Personnel from the Weld County Health and Planning Departments shall be granted
S-496 5
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. (Planning Dept.)
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. (Planning Dept.)
3. The Final Plat shall be submitted to the Department of Planning Services for recording within
30 days of approval by the Department of Planning Staff. (Planning)
S-496 6
a DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX(970) 304-6498
17T
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
WUDc
COLORADO
June 29, 1999
John & James Sutter
800 Hawkstone Dr. #27
Eaton, CO 80615
Subject: S-496 - Request for approval of a Planned Unit Development Final Plan on a parcel of land
described as Lot B of RE-1683; being Part of the W2 of the W2 and NE4 of the SW4 of
Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado.
Dear Mr. John Sutter& Mr. James Sutter:
Your application and related materials for the request described above are complete and in order at the
present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday,
August 17, 1999, at 1:30 p.m. This meeting will take place in Room 210, of the Weld County Department
of Planning, 1555 N. 17th Avenue, Greeley, Colorado. In addition, I have scheduled a meeting with the
Weld County Utilities Advisory Committee for Thursday, July 22, 1999, at 10:00 a.m. This meeting will
take place in the Weld County Planning Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Town of Eaton Planning Commission for its review and comments. Please call
the Town of Eaton at (970)454-3338, for information regarding the date, time and place of the meeting and
the review process.
It is recommended that you and/or a representative be in attendance at each of the meetings described
above in order to answer any questions that might arise with respect to your application.
A representative from the Department of Planning Services will be out to the property to post a sign
adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,
and location. In the event the property under consideration is not adjacent to a publicly maintained road
right-of-way, one sign will be posted in the most prominent place on the property and post a second sign
at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of
Planning Services office a few days before the date of the hearing to obtain that recommendation.
If you have any questions concerning this matter, please feel free to call me.
Sincerely,
A%( (4(70pgAfr,
hen Lockman
Planner
FIELD CHECK
CASE NUMBER: S-496 DATE OF INSPECTION: -2r97
APPLICANTS NAME: John & James Sutter
CURRENT PLANNER: Sheri Lockman
REQUEST: Planned Unit Development Final Plan
LEGAL DESCRIPTION: Lot B of RE-1683; being Part of the W2 of the W2 and NE4 of the SW4 of
Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 72. For a more precise location, see legal.
LAND USE: N r
ZONING: N A(Agricultural)
E A (Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS: _�C yyLG .qa
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