HomeMy WebLinkAbout20082171.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Tom Holton, that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-1079
APPLICANT: Schrage Living Trust
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th
P.M.,Weld County,Colorado.
REQUEST: Change of Zone from A(Agricultural)to Planned Unit Development with Estate uses
for five(5)residential lots and 7.7 acres of common open space(Schrage PUD).
LOCATION: South of and adjacent to State Highway 60 and west of CR 3.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter
22(Comprehensive Plan), Chapter 23(Zoning), Chapter 24 (Subdivision) and Chapter 26
(Mixed Use Development)of the Weld County Code. The proposed site is not influenced by
an Inter-Governmental Agreement. The proposal is consistent with the aforementioned
documents as follows:
1) Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit Development which
• includes a residential use should provide common open space free of buildings,
streets, driveways or parking areas. The common open space should be designed
and located to be easily accessible to all the residents of the project and usable for
open space and recreation. Some Planned Unit Developments may not require
common open space depending on their type, density,or other factors. The proposed
development will consist of approximately 7 acres of open space.
2) Section 22-3-50.8.1, P.Goal 2"Require adequate facilities and services to assure the
health, safety and general welfare of the present and future residents of the County."
The residential lots will be serviced by Little Thompson Water District and individual
septic systems.
B. Section 27-6-120.6.b- The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27
of the Weld County Code.
Section 27-2-20, Access standards-The applicant will pave the internal road.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E(Estate)Zone District for the residential lots and the Agricultural zone
district for the open space.
The applicant has met the remaining performance standards as delineated in Section 27-2-
10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-210 of the Weld County Code.
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2008-2171
Resolution PZ-1079
Schrage Living Trust
Page 2
• C. Section 27-6-120.6.c- That the uses which would be permitted shall 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 Chapter 22 of the Weld County Code or
master plans of affected municipalities. The proposed site is not influenced by an Inter-
Governmental Agreement. The proposed development is located within the three mile
referral area of the Town of Berthoud, Town of Johnstown, and Larimer County. Larimer
County indicated no conflicts with their interests. The Weld County Planning Department has
not received a response from the Town of Berthoud. The Town of Johnstown stated in their
first referral dated 4/13/06 that they had no conflicts with the proposal but in their letter dated
6/11/08 states, "The Town owns 7/9th of the Chapman Reservoir and related irrigation
facilities,which includes the ditch which courses through proposed Tract A the eastern side
of the property. The ditch is in use by irrigators in the vicinity of CR 7 and Hwy 402. The
ditch is prescriptive-we believe that a 50'wide easement would serve the need of the ditch
owners. The Town has included the use of the ditch in its long range water supply and
distribution master planning."As a condition of approval the applicant will need to address
the concerns of the Town of Johnstown.
D. Section 27-6-120.6.d- That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article
II the Weld County Code. The residential lots will be serviced by Little Thompson Water
District. The Weld County Attorney's Office has indicated that the agreements submitted by
the applicant are adequate for the Change of Zone.The Weld County Department of Public
Health and Environment has indicated in a referral response dated 6/11/08 that the
application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer
service.
E. Section 27-6-120.6.e - 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 Change of Zone plat
submitted by the applicant shows roadways with a 60-foot right-of-way in width including cul-
de-sacs with a 65-foot outside radius. A typical road cross section shall be shown on the
Change of Zone plat. The typical local roadway section shall be shown as two 12-foot paved
lanes with 4-foot gravel shoulders. The cul-de-sac edge of pavement radius shall be 50-feet.
The applicants are requesting a waiver from curb, gutter and sidewalks. The Department of
Public Works is recommending approval of the applicant's request for a waiver from curb,
gutter and sidewalks.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted,if applicable.The Weld County Department of Planning Services and Public works
has required a private Improvements Agreement in accordance with Section 27-6-120.6.f of
the Weld County Code for improvements to Schrage PUD prior to recording the final plat.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site. According to the application there
are two mineral interests the Schrage Living Trust(the applicant)and Magpie Operation. In
a letter dated 3/6/06 Magpie Operating Inc states"with no access restriction we fine no other
problems the PUD. They also state the applicant will need to design the road in accordance
with Magpie specifications for handling heavy equipment." The attached conditions require
the applicant address the concerns of Magpie Operating Inc.
H. Section 27-6-120.6.h-Consistency exists between the proposed zone district(s), uses, the
• specific or conceptual development guide. The submitted Specific Development Guide
accurately reflects the performance standards and allowed uses described in the proposed
zone district, as described previously. The applicant is requesting that the Final Plan be
administratively reviewed. The Department of Planning Services is in support of this request.
Resolution PZ-1079
Schrage Living Trust
Page 3
This approval recommendation is based upon compliance with Chapter 27 requirements.
•
Change of Zone from A (Agricultural) to Planned Unit Development with Estate uses for five (5)
residential lots and 7.7 acres of Agricultural common open space(Schrage PUD)is conditional upon
the following:
1. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) The plat shall be labeled PZ-1079. (Department of Planning Services)
2) All future signs including entrance signs, street signs and stop signs shall be
delineated on the plat and adhere to the setbacks. (Department of Planning
Services)
3) All non-recorded easements shall be removed from the plat. (Department of
Planning Services)
4) State Highway 60 requires 150 feet right-of-way at full build out. A total of 75 feet
from the centerline of State Highway 60 shall be delineated right-of-way on the plat.
(Colorado Department of Transportation)
5) The location of all fire hydrants as approved by the Berthoud Fire Protection District
shall be shown. (Berthoud Fire Protection District)
6) The applicant shall show a graphic detail(plan view)of the school bus shelter, mail
• kiosk and entry sign outside of the right of way and adhering to setbacks.
(Department of Planning Services)
7) The setback radius from the existing oil and gas structures shall be shown.
(Department of Planning Services)
8) The applicant shall relocate the building envelopes to adhere to the minimum
setback and offset requirements of the Estate Zone District. (Department of
Planning Services)
9) The plat shall meet all the requirements of Section 27-9-20 of the Weld County
Code. (Department of Planning Services)
10) The applicant shall move the south property line of Outlot B further south 300 feet
to include the oil and gas access road. (Department of Planning Services)
11) The applicant shall delineate the easements, rights of way, and agreements as
outlined in the court decree dated 1/29/08. (Department of Planning Services)
B. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel. (Department of Planning Services)
C. The applicant shall address the requirements(concerns)of Colorado Geological Survey as
stated in the referral response dated 6/6/08. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Colorado Geological Survey)
• D. The applicant shall address the concerns of the Town of Johnstown as stated in a memo
dated 6/11/08 and incorporate remedies for these concerns. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.(Town of
Johnstown)
Resolution PZ-1079
Schrage Living Trust
Page 4
• E. The applicant shall attempt to address the concerns of the Berthoud Fire Protection District
as stated in memos dated 5/21/08,9/14/08,and 11/18/08 and incorporate remedies for these
concerns. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Berthoud Fire Protection District)
F. The applicant shall address the concerns of the Weld County Department of Public Works
as stated in a memo dated 6/24/08 and incorporate remedies for these concerns. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Weld County Department of Public Works)
G. The Change of Zone plat map shall be submitted to the Department of Planning Services'
for recording within thirty(30)days of approval by the Board of County Commissioners.With
the Change of Zone plat map, the applicant shall submit a digital file of all drawings
associated with the Change of Zone application. Acceptable CAD formats are.dwg, .dxf,and
.dgn(Microstation); acceptable GIS formats are.shp(Shape Files),Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ...
(Group 6 is not acceptable). (Department of Planning Services)
2. The Change of Zone is conditional upon the following and each shall be placed on the Change of
Zone plat as notes, prior to recording:
A. Change of Zone from A (Agricultural)to Planned Unit Development with Estate uses for 5
residential lots and 7.7 acres of Agricultural common open space (Schrage PUD)
(Department of Planning Services).
B. No habitable structures shall be allowed on the common open space. (Department of
Planning Services).
• C. Water service shall be obtained from Little Thompson Water District. (Department of Public
Health and Environment)
D. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement,or modification of the system. (Department of Public Health and Environment)
E. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/Perm itsUnit
for more information. (Department of Public Health and Environment)
F. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
the Weld County Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions. (Department of Public Health and Environment)
H. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
• months in duration,the responsible party shall prepare a fugitive dust control plan,submit an
air pollution emissions notice,and apply for a permit from the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
Resolution PZ-1079
Schrage Living Trust
Page 5
• I. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat. (Departments of Planning Services and Public Health and
Environment)
J. The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
K. Personnel from the Weld County Government 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.
(Department of Planning Services)
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
M. A Homeowner's Association shall be established prior to the sale of any Lot. Membership
in the Association is mandatory for each parcel owner. The Association is responsible for
liability insurance, taxes and maintenance of open space, streets, private utilities and other
facilities along with the enforcement of covenants. (Department of Planning Services)
N. Appropriate Building Permits shall be obtained prior to any construction or excavation.
(Department of Planning Services)
O. 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. (Department of
Planning Services)
• P. Building permits shall be obtained prior to the construction of any building. Buildings that
meet the definition of an Ag Exempt Building per the requirements the Weld County Code
do not need building permits; however a Certificate of Compliance must be filed with the
Planning Department, and an electrical and/or plumbing permit is required for any electrical
or water for watering or washing of livestock or poultry. (Building Inspection)
Q. Provide letter of approval from the Mountain View Fire District Fire Protection District prior
to new residential construction. (Building Inspection)
R. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building. (Building Inspection)
S. Fire resistance of walls and openings, construction requirements, maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by the Zoning Ordinance. (Building Inspection)
T. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Building
Inspection)
• U. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2006 International
Residential Code; 2006 International Building Code; 2006 International Mechanical Code;
2006 International Plumbing Code; 2006 International Fuel Gas Code; 2008 National
Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection)
Resolution PZ-1079
Schrage Living Trust
Page 6
• V. A plan review is required for each building except for buildings that meet the definition of
Ag Exempt buildings. Plans may require the wet stamp of a Colorado registered architect
or engineer. (Building Inspection)
3. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence to the
Department of Planning Services from Weld County School District, RE-2J which
indicates that all district requirements have been met. (Department of Planning Services)
B. Prior to recording the final plat, the applicant shall submit to the Department of Planning
Services the deed to transfer the outlots to the HOA. The Department of Planning
Services will record the deed with the final plat. (Department of Planning Services)
C. The applicant shall submit a private Improvement Agreement regarding collateral for all
improvements to the Planned Unit Development for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services)
D. The applicant shall submit covenants for Schrage PUD. The covenants shall include the
following language for the protection of septic envelopes: "activities such as landscaping
(i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds,
etc.) are expressly prohibited in the designated absorption field site."The covenants shall
be approved by the Weld County Attorney's Office prior to recording the final plat.
(Departments of Planning Services and Public Health and Environment)
E. The right-of-way for the internal roadway shall be dedicated to the County. (Department
• of Planning Services)
F. The applicant shall submit Certificates from the Secretary of State showing the
Homeowners Association has been formed and registered with the State. (Departments
of Planning Services)
G. The applicant shall submit to the Department of Planning Services approval of
preliminary addresses and street name from the Postal Service, Fire District and Sheriffs
Department. (Department of Planning Services)
H. Easements shall be shown in accordance with County standards and /or Utility Board
recommendations on the final plat. (Department of Planning Services)
The applicant shall work with Magpie Operating Inc. on the design of the oil and gas
access road. (Magpie Operating)
J. The applicant shall provide to the Weld County Department of Planning Services a copy
of the access permit issued by the Colorado Department of Transportation (CDOT)which
grants access to State Highway 60, or written evidence that the applicant has complied
with the requirements of the Colorado Department of Transportation (CDOT).
K. Prior to recording the final plat, the applicant shall submit a digital file of all drawings
associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and
.dgn (Microstation); acceptable GIS formats are .shp(Shape Files), Arclnfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group
• 4) ... (Group 6 is not acceptable). (Department of Planning Services)
Motion seconded by Erich Ehrlich.
Resolution P7-1079
Schrage Living Trust
Page 7
• VOTE:
For Passage Against Passage Absent
Robert Grand
Erich Ehrlich
Roy Spitzer
Bill Hall
Doug Ochsner
Nick Berryman
Tom Holton
Paul Branham
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on July 15, 2008.
• Dated the 15'h of July, 2008.
ejlifL:4-1ht "7/-1
Kristine Ranslem
Secretary
•
7- 15-,2' j
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, July 15, 2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Michelle Martin, Department of Planning Services; Dave Snyder, Department of Public Works;
Lauren Light, Department of Health; Cyndy Giauque, County Attorney (via phone), and Kris Ranslem,
Secretary.
Robert Grand moved to approve the June 17, 2008 Weld County Planning Commission minutes,seconded by
Nick Berryman. Motion carried.
• The Chair read the case into record.
CASE NUMBER: PZ-1079
APPLICANT: Schrage Living Trust
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-4042, being part of the E2 NE4 of Section 6,T4N, R68W of the 6th
P.M.,Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to Planned Unit Development with Estate
uses for five(5)residential lots and 7.7 acres of common open space(Schrage
PUD).
LOCATION: South of and adjacent to State Highway 60 and west of CR 3.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked Michelle Martin, Department of Planning Services, if she wishes for this case to remain on
the Consent Agenda. Ms. Martin replied yes.
The Chair asked the applicant if they wish for this to remain on Consent as well. The applicant indicated that
they do wish for this to remain on Consent.
Commissioner Grand referred to the letter that Ms. Martin handed out and asked if there was a concern from
Magpie on what they voiced. Ms. Martin said that in a phone conversation that she had with them today,they
indicated in previous emails that they wanted to work with Mr.Schrage on the construction documents for the
road going to the oil and gas facilities and they wanted a more formalized agreement at this point. Mr.
Schrage has indicated that he is willing to work on a formalized agreement with them and if that doesn't get
done before the Board of County Commissioners hearing,we will then add it as a condition of approval. Ms.
Martin added that at this point in time they are working towards that agreement.
Mr. Grand clarified that it wasn't an issue and Ms. Martin replied no.
Tom Holton moved that Case PZ-1079 be forwarded to the Board of County Commissioners along with the •
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
Lii)7ne,if ay,via- 7 -2/-20°8 tan
approval, seconded by Erich Ehrlich. Motion carried unanimously.
The Chair asked the public if they wished to make any comments. No one wished to speak.
The Chair asked the Commissioners if there was any new business they wish to discuss. Commissioner
Lawley referred to the Oil and Gas Company involved in the last case and asked Ms. Martin how their
concerns go into a condition of approval. Ms. Martin commented that if they don't have a formalized
agreement established by the time of the Board of County Commissioners hearing, at that hearing we can
request that prior to recording the plat the applicant have that agreement established.
Mr. Lawley expressed concern for the landowner as it can be rather restrictive for the applicant to obtain this
type of agreement. Ms. Martin commented that in this case the agreement deals with the construction of the
access road. She added that Magpie has indicated in earlier em ails that they are okay with the development;
however,they are just concerned with how the access will be built. Mr. Lawley clarified that his concern is in
general with it being restrictive for the landowner to get that agreement. Ms.Martin agreed that a Surface Use
Agreement can be restrictive. She added that if the applicant and the oil and gas company do not reach an
agreement,the Planning Department would take it back for reconsideration of that one condition and then the
Board of County Commissioners would hear both sides and make a determination at that point.
Meeting adjourned at 1:38 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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