HomeMy WebLinkAbout20082170.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ #1079, FROM A (AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FIVE (5)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES AND 7.7 ACRES OF COMMON
OPEN SPACE - SCHRAGE LIVING TRUST, CIO THEODORE SCHRAGE
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 10th day of September, 2008, at 10:00 a.m.,
for the purpose of hearing the application of Schrage Living Trust, c/o Theodore Schrage, 23505
County Road 3, Loveland, Colorado 80537, requesting Change of Zone, PZ #1079, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for five (5)
residential lots with E(Estate)Zone uses and 7.7 acres of common open space,for a parcel of land
located on the following described real estate, to-wit:
Lot B of Recorded Exemption #4042; being part of
the E1/2 NE1/4 of Section 6, Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by David Shupe, J.L. Walter Consulting,
114 East 5th Street, Loveland, Colorado 80537, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said 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 recommendation 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 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a -- The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and Chapter 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 Intergovernmental 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
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CHANGE OF ZONE, PZ #1079, FROM A (AGRICULTURAL) TO PUD - SCHRAGE LIVING
TRUST, C/O THEODORE SCHRAGE
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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 seven (7) acres of open space.
2) Section 22-3-50.B.1 (P.Goal 2) states, "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 the Little Thompson Water District and individual
septic systems.
b. Section 27-6-120.D.5.b -- The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20, Access standards - The applicant will pave the
internal road.
2) 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 A(Agricultural)Zone District for the open
space.
3) The applicant has met the remaining Performance Standards as
delineated in Section 27-2-10 of the Weld County Code. The
Conditions of Approval and Development Standards ensure
compliance with Sections 27-2-20 through 27-2-210 of the Weld
County Code.
c. Section 27-6-120.D.5.c -- The uses which will 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 Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed site is not influenced by an
Intergovernmental Agreement. The proposed development is located within
the three-mile referral area of the Towns of Berthoud and Johnstown, and
Larimer County. Larimer County indicated no conflicts with its interests.
The Weld County Department of Planning Services has not received a
response from the Town of Berthoud. The Town of Johnstown stated, in its
referral dated April 13, 2006, that it had no conflicts with the proposal;
however, a letter from the Town, dated June 11, 2008, states, "The Town
owns 7/9th of the Chapman Reservoir and related irrigation facilities, which
includes the ditch which courses through proposed Tract A on the eastern
side of the property. The ditch is in use by irrigators in the vicinity of County
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Road 7 and Highway 402. The ditch is prescriptive - we believe that a
50-foot 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.D.5.d -- The PUD Zone District will be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, of the Weld County Code.
The residential lots will be serviced by the 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 June 11, 2008, that the application has satisfied
Chapter 27 of the Weld County Code in regards to water and sewer service.
e. Section 27-6-120.D.5.e--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 wide right-of-way, including cul-de-sacs with a
65-foot outside radius. A typical road cross section will be shown on the
Change of Zone plat. The typical local roadway section will be shown as
two 12-foot paved lanes, with 4-foot gravel shoulders, and the cul-de-sac
edge of pavement radius will be 50 feet. The applicant is requesting a
waiver from curb, gutter, and sidewalks, and the Department of Public
Works is recommending approval of the request.
f. Section 27-6-120.D.5.f-- An Off-site Road Improvements Agreement and
an On-site Improvements Agreement proposal will be in compliance with
Chapter 24 of the Weld County Code, and a Road Improvements
Agreement will be completed and submitted, if applicable. The Weld County
Departments of Planning Services and Public Works have required a Private
Improvements Agreement, in accordance with Section 27-6-120.B.6.f of the
Weld County Code for improvements to Schrage PUD prior to recording the
final plat.
g. Section 27-6-120.D.5.g -- 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 Operating, Inc. In a
letter dated March 6, 2006, Magpie Operating, Inc., states, "with no access
restriction we find no other problems regarding the PUD." They also state
the applicant will need to design the road in accordance with Magpie's
specifications for handling heavy equipment. The attached Conditions of
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Approval require the applicant to address the concerns of Magpie Operating,
Inc.
h. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District uses and the submitted Specific Development Guide, which
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 and the Board of Commissioners are in
support of this request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Schrage Living Trust, Go Theodore Schrage,for Change
of Zone, PZ#1079,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)
Zone District for five (5) residential lots with E (Estate)Zone uses and 7.7 acres of common open
space, 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 Change of Zone plat shall be amended to delineate the following:
1) The plat shall be labeled PZ-1079.
2) All future signs, including entrance signs, street signs, and Stop
signs, shall be delineated on the plat and adhere to the setbacks.
3) All non-recorded easements shall be removed from the plat.
4) State Highway 60 requires 150 feet of right-of-way at full buildout.
A total of 75 feet from the centerline of State Highway 60 shall be
delineated as right-of-way on the plat.
5) The location of all fire hydrants, as approved by the Berthoud Fire
Protection District, shall be shown.
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.
7) The setback radius from the existing oil and gas structures shall be
shown.
8) The applicant shall relocate the building envelopes to adhere to the
minimum setback and offset requirements of the E (Estate) Zone
District.
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9) The plat shall meet all the requirements of Section 27-9-20 of the
Weld County Code.
10) The applicant shall move the south property line of Outlot B 300 feet
further south, to include the oil and gas access road.
11) The applicant shall delineate the easements, rights-of-way, and
agreements, as outlined in the Court Decree dated January 29,
2008.
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.
C. The applicant shall address the requirements and concerns of the Colorado
Geological Survey, as stated in the referral response dated June 6, 2008.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall address the concerns of the Town of Johnstown, as
stated in a memo dated June 11, 2008, and incorporate remedies for these
concerns. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. The applicant shall attempt to address the concerns of the Berthoud Fire
Protection District, as stated in memos dated May 21, 2008, September 14,
2006, and November 18, 2004, and incorporate remedies for these
concerns. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
F. The applicant shall address the concerns of the Weld County Department
of Public Works, as stated in a memo dated June 24, 2008, and incorporate
remedies for these concerns. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
G. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators,stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or, show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes may be delineated on the plat, in
accordance with State requirements, as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
H. All vehicles located on the property must be operational with current license
plates, or be screened from all adjacent properties and public rights-of-way,
or be removed from the property. All other items considered to be a part of
the non-commercial junkyard must also be removed from the property.
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TRUST, C/O THEODORE SCHRAGE
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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).
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
E (Estate) Zone uses for five (5) residential lots and 7.7 acres of
A (Agricultural) common open space (Schrage PUD).
B. No habitable structures shall be allowed on the common open space.
C. Water service shall be obtained from the Little Thompson Water District.
D. This PUD 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.
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. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnit
for more information.
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 Department of Public Health
and Environment, a fugitive Dust Control Plan must be submitted.
G. In accordance with the Regulations of the Colorado Air Quality Control
Commission,any development that disturbs more than five(5)acres of land
must incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
H. If land development creates more than a 25-acre contiguous disturbance,
or exceeds six(6) months in duration, the responsible party shall prepare a
fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
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TRUST, C/O THEODORE SCHRAGE
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apply for a permit from the Colorado Department of Public Health and
Environment.
Weld County's Right to Farm statement,as provided in Appendix 22-E of the
Weld County Code, shall be placed on any recorded plat.
J. The site shall maintain compliance, at all times, with the requirements of
Weld County Government.
K. Weld County Government personnel 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.
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
M. A Homeowners'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.
N. Appropriate building permits shall be obtained prior to any construction or
excavation.
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.
P. Building permits shall be obtained prior to the construction of any building.
Buildings that meet the definition of an Agricultural Exempt Building, per the
requirements the Weld County Code, do not need building permits;
however, a Certificate of Compliance must be filed with the Department of
Planning Services, and an electrical and/or plumbing permit is required for
any electrical or water for watering or washing of livestock or poultry.
Q. The applicant shall provide a letter of approval from the Mountain View Fire
Protection District prior to new residential construction.
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
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setback requirements. Offset and setback requirements are measured to
the farthest projection from the building.
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 Chapter 23 of the
Weld County Code.
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.
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.
V. A Plan Review is required for each building, except for buildings that meet
the definition of Agricultural Exempt buildings. Plans may require the wet
stamp of a Colorado registered architect or engineer.
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.
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 Homeowners'
Association. The Department of Planning Services will record the deed with
the final plat.
C. The applicant shall submit an Improvements Agreement Regarding
Collateral for Improvements(Private Road Maintenance)for acceptance by
the Board of County Commissioners prior to recording the final plat.
D. The applicant shall submit Covenants for the 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, etcetera) 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.
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E. The right-of-way for the internal roadway shall be dedicated to Weld County.
F. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
G. The applicant shall provide the Department of Planning Services with written
evidence of approval of preliminary addresses and street names from the
Postal Service, Fire District, and Sheriff's Office.
H. Easements shall be shown in accordance with Weld County standards
and/or Utilities Coordinating Advisory Committee recommendations on the
final plat.
The applicant shall work with Magpie Operating, Inc., on the design of the
oil and gas access road.
J. The applicant shall provide the Weld County Department of Planning
Services with 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 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).
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of September, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
\. 17—.tie),.., ./,. ELD COUNTY, COLORADO
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ATTEST: /24/11 `p ' to-ri- %�� i ha H. Jerkit
Weld County Clerk to the B• cL 't j! ' 1. '
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BY: ��j Val ,: +�... 'obe D. �.en Pro-Tem
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Dep y Cler the Board
Wi Garcia
APP Avi
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id E. Long
my Attorney C.
Dougla Rademach r
Date of signature: II) (a t pce
2008-2170
PL1979
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