HomeMy WebLinkAbout20082183.tiff HEARING CERTIFICATION
DOCKET NO. 2008-62
RE: 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 - SCHRAGE LIVING TRUST, C/O THEODORE SCHRAGE
A public hearing was conducted on September 10, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 15, 2008, and duly published August 22,
2008, in the Greeley Tribune, a public hearing was conducted to consider the request of Schrage
Living Trust, c/o 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. Bruce Barker, County Attorney, made
this a matter of record. Michelle Martin, Department of Planning Services, presented a brief
summary of the proposal and entered the favorable recommendation of the Planning Commission
into the record as written. She stated the site is located south of State Highway 60, west of County
Road 3, and she gave a brief description of the surrounding land uses. She further stated the site
is not influenced by an Intergovernmental Agreement(IGA); however, the site is located within the
three-mile referral area for the Towns of Berthoud and Johnstown, and Larimer County. She
indicated no response was received from the Town of Berthoud, and Larimer County indicated no
concerns with the application. She further indicated the Town of Johnstown first sent a referral
indicating no concerns; however, a second referral was provided, containing concerns regarding
the Chapman Reservoir and related irrigation facilities, including the ditch referenced on the plat.
She stated an additional referral was received from The Town of Johnstown earlier this morning,
marked Exhibit H, indicating the ditch reference was not correct, therefore, the Town withdraws its
concerns. Ms. Martin stated the site will be served by the Little Thompson Water District, and the
Department of Public Health and Environment has indicated the application materials have satisfied
the regulations contained within Chapter 27 of the Weld County Code, in regards to water and
sewer service. She stated the application materials indicate Magpie Operating, Inc., owns mineral
interests in conjunction with the applicant, and a second referral from the company requests that
a Surface Use Agreement be required. She referenced Exhibit G, which requests the addition of
a new Condition of Approval #1.G, requiring the applicant to come to an agreement with the
2008-2183
PL1979
HEARING CERTIFICATION - SCHRAGE LIVING TRUST, C/O THEODORE SCHRAGE
(PZ #1079)
PAGE 2
mineral owners/operators, or provide evidence of an adequate attempt. She stated one letter was
received from a surrounding property owner, which indicates no opposition to the development as
long as the applicant continues to honor the ditch easement agreement, and she explained the
applicant will show all recorded documents on the plat, which is addressed as a Condition of
Approval. She indicated the applicant has requested that the Final Plan be reviewed
administratively,and she displayed photographs of the site and surrounding area, indicated the site
is approximately 30 acres in size, and stated there are plans to realign the access. In response
to Commissioner Rademacher, Ms. Martin confirmed Condition of Approval #1.E indicates the
applicant shall be required to attempt to address the concerns of the Berthoud Fire Protection
District, not the Johnstown Fire Protection District. Responding to ChairJerke, Ms. Martin indicated
staff is requesting that the new Condition of Approval #1.H, within Exhibit G, be added to the
Resolution, since, during an earlier inspection of the site, abandoned cars, tires, and debris were
found in the irrigation canal. She clarified the applicant has not been cited through the violation
process, and confirmed he has been working diligently to clean up the property. She stated the
applicant has indicated that only a small pile of scrap metal remains on the site, and she confirmed
she will complete a site inspection to verify the site has been cleaned up satisfactorily.
Don Carroll, Department of Public Works, stated State Highway 60 is north of and adjacent to the
site, the road is under the jurisdiction of the Colorado Department of Transportation (CDOT), and
CDOT has requested that the applicant realign the access with Larimer County Road 11, to the
north, to ensure a good connection. He stated a traffic study has been completed, extra lanes will
not be required at this time,and the most recent traffic count indicates approximately 1,200 vehicle
trips per day. He reiterated the area contains several other Planned Unit Developments, which is
causing the area to become urban. He indicated the Department is requesting that the access road
reflect urban scale development, and will include 28 feet of asphalt surface with gravel shoulders.
He clarified the internal road is 1,350 feet in length, and the applicant must provide a Drainage
Report for staff's review.
Lauren Light, Department of Public Health and Environment, stated water will be provided to the
site by the Little Thompson Water District, and a letter of availability has been provided by the
applicant. She stated individual septic systems will handle the effluent flow, the development
complies with the overall density of one septic system per 6.34 acres, and the preliminary
percolation data indicates conventional septic systems may be utilized. She clarified the
Department does not have any outstanding concerns with the application.
David Shupe, J.L. Walter Consulting, represented the applicant and indicated he concurs with all
of the Conditions of Approval, and clarified almost all of the requirements set forth have already
been met. He clarified the applicant has been working on an agreement with Magpie Operating,
Inc., for over three years, in order to provide for access to the tank battery located east of the
development and the well located within the development. He confirmed the applicant will construct
the paved road in order to meet the requirements for the heavy equipment utilized by the company.
He indicated the relocation of the access, in conjunction with CDOT, will improve the safety of the
intersection, and he confirmed the applicant concurs with the additional right-of-way requested by
CDOT. In response to Chair Jerke, Mr. Shupe indicated some of the excess/junk items on the site
2008-2183
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HEARING CERTIFICATION - SCHRAGE LIVING TRUST, C/O THEODORE SCHRAGE
(PZ #1079)
PAGE 3
have been around since before the applicant acquired the property; however, he confirmed almost
all of the items have been removed from the property.
No public testimony was offered concerning this matter.
In response to Chair Jerke, Mr. Shupe indicated he has reviewed, and concurs with,the Conditions
of Approval, including the additional Conditions of Approval proposed by staff.
Commissioner Rademacher moved to approve the request of Schrage Living Trust, do 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, based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval as entered into the record. Upon
clarification from the Acting Clerk, Commissioner Rademacher indicated his motion includes the
addition of new Conditions of Approval #1.G and #1.H, as described within Exhibit G, with the
necessary re-lettering. The motion was seconded by Commissioner Long, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 15th day of September, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
��D WELD COUNTY, COLORADO
ATTEST: j 'r'. h •
,'t
■ " � � � am H. Jerke, Chair
Weld County Clerk to the Boa!' � 110
bertp._ Pro-Tem
BY:C
Dep Clerk the Board
• m F. Garcia
David E. Long
Dougla ademac er
2008-2183
PL1979
EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1079 - SCHRAGE LIVING TRUST
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 07/15/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Applicant Letter to Magpie Operating, Inc., dated
07/28/2008
F. Planning Staff Certification and Photo of sign posting
G. Planning Staff Memo re: Addition of Conditions of
Approval, dated 09/10/08
H. Town of Johnstown Letter re: Withdrawal of Concern, dated
09/09/08
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