HomeMy WebLinkAbout20020003.tiff INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: Theodore Schrage CASE#: USR-1362
Submitted or Prepared
Prior to At
Hearing Hearing
1 Planning Commission Resolution
2 Department of Planning Services' Staff Review X
3 Department of Planning Services' and Planning Commission Field X
Checks
4 Legal Notice X
5 Evidence of Posting X
6 Evidence of Mineral Owner Notification X
7 Letter to Applicant X
8 Application X
9 Aeiral Map X
10 Site Map Submitted by Applicant X
11 Referral List, Referrals without Comments X
12 Weld County Department of Public Health and Environment, referral X
received 11-09-01.
13 Weld County Department of Public Works, referral received 11-20- X
01.
14 Colorado Department of Transportation, referral received 11-19-01. X
15 Berthoud Fire Protection District, referral received 11-13-01. X
16 Deed(s)/Certificate of Conveyance X
17 Surrounding Property/Mineral Owners X
18 Soil Survey X
Item(s)submitted at Planning Commission:
I hereby certify that the 18 items identified herein (Inventory of Items for Consideration-Case # USR-1362) were
submitted at or prior to the scheduled Planning Commission Heari If�fyt t t items were subsequently
forwarded to the Weld County Clerk to the Board's Office.
Lauren Lig t+ nner
4 EXHIBIT
USt*I3lea
2002-0003
Page 1
(6r
IUDC. LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1362 Hearing Date: December 4, 2001
Applicant: Theodore Schrage Planner: Lauren Light
0866 State Highway 60
Loveland, CO 80537
Request: A Site Specific Development Plan and a Special Review Permit for a Single
Family Dwelling Unit, Other than Those Permitted under Chapter 23, Article
III, Division 1, Section 23-3-20.A, in the A (Agricultural) Zone District.
Legal Description: Lot B of RE-2509; Pt. of the NE4 of Section 6, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 60; west of and adjacent to Weld
County Road 3
Parcel #: 1061 06 000088 Size of Parcel: 45 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Department of Public Health and Environment, referral received 11/9/2001
Weld County Department of Public Works, referral received 11/20/2001
• Colorado Department of Transportation, referral received 11/19/2001
• Berthoud Fire Protection District, referral received 11/13/2001
• School District RE-2J, referral received 11/13/2001
• Larimer County, referral received 11/01/2001
• Town of Berthoud, referral received 11/06/2001
EXHIBIT
Page 2
46t1/41.
1. SPECIAL REVIEW PERMIT
\\1 ADMINISTRATIVE REVIEW
COLORADO
Planner: Lauren Light
Case Number: USR-1362 Hearing Date: December 4, 2001
Applicant: Theodore Schrage
0866 State Highway 60
Loveland, CO 80537
Request: A Site Specific Development Plan and a Special Review Permit for a Single
Family Dwelling Unit, Other than Those Permitted under Chapter 23, Article
III, Division 1, Section 23-3-20.A, in the A (Agricultural) Zone District.
Legal Description: Lot B of RE-2509; Pt. of the NE4 of Section 6, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 60; west of and adjacent to Weld
County Road 3
Parcel #: 1061 06 000088 Size of Parcel: 45 +/- acres
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 23-
2-260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinances in effect. A. Goal 1 states,
"Preserve prime farmland for agricultural purposes which foster the economic health
and continuance of agriculture". The U.S.D.A. soils maps indicate that the soils on
this property are designated"Prime". The applicant has indicated the balance of the
land will stay in agricultural use when the new home is constructed. However, the
property is only 45 acres in size and the Home Supply Irrigation Ditch traverses the
property which reduces the ability to farm the parcel.
Page 3
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Chapter 23, Article III, Division 1, Sections 23-3-20.A
and 23-3-40. L of the Weld County Code provide for a Single Family Dwelling Unit,
Other than Those Permitted under Chapter 23, Article III, Division 1, Section 23-3-
20.A, in the A (Agricultural) Zone District, subject to a Use by Special Review
Permit. There is currently one home located on the property which is occupied by
the applicant. The applicant's stated purpose for the Use by Special Review is to
provide a building site so a new home can be constructed which is wheel chair
accessible.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding properties are predominantly rural
residential in use.Conditions of Approval and Development Standards are proposed
to ensure that the applicant's proposed use will remain compatible with the existing
surrounding land uses. A rural agricultural residence is compatible with the
surrounding property uses.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
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
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The site is located within the three-mile
referral boundary areas of the Town of Berthoud and Larimer County. Neither entity
indicated a conflict with the proposed Use by Special Review. A rural agricultural
residence is in keeping with the potential future surrounding property uses.
e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The U.S.D.A.
soils maps indicate that the soils on this property are designated "Prime" land. The
applicant has indicated the balance of the land will stay in agricultural use when the
new home is constructed.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval,and Development Standards ensure that there are adequate provisions
for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
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 entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
Page 4
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording. The completed plat shall be delivered
to the Weld County Department of Planning Services and be ready for recording in the
Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
a. The plat shall be amended to delineate the following:
1) Adherence to Section 23-2-260.D of the Weld County Code which pertains
to the Special Review Permit Plan Map. (Department of Planning Services)
2) Weld County Road 3 is designated on the Weld County Transportation Plan
Map as a local gravel road,which requires 60 feet of right-of-way at full build
out. There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of Weld County Road 3 shall be delineated right-of-way on the
plat. This road is maintained by Weld County. (Department of Public
Works)
3) All approved accesses shall be clearly shown on the plat. Shared access
with the adjacent property owner on Weld County Road 3 shall be indicated.
The applicant shall submit to the Weld County Department of Planning
Services a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress and
egress and shall be referenced on the plat by the Weld County Clerk and
Recorders reception number. (Department of Public Works)
b. The existing residence shall use the existing residential access point as no
additional accesses shall be granted. (Colorado Department of Transportation)
•
c. The applicant shall attempt to address the requirements(concerns)of the Berthoud
Fire Protection District, as stated in the referral response received 11/13/01.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
d. The applicant shall provide written evidence to the Weld County Department of
Planning Services that Section 23-2-260.B.13 of the Weld County Code has been
addressed. This section refers to ditch owner agreements. (Department of
Planning Services)
e. The applicant shall provide the Weld County Department of Planning Services with
a certificate from the Weld County Treasurer showing no delinquent taxes exist for
the subject parcel. (Department of Planning Services)
3. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Theodore Schrage
USR-1362
1. The Site Specific Development Plan and Special Use Permit is for a Single Family Dwelling
Unit, Other than Those Permitted under Chapter 23, Article II l, Division 1, Section 23-3-
20.A, in the A (Agricultural) Zone District, as indicated in the application materials on file
and subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.(Department of Public Health and
Environment)
4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris,and other potential nuisance conditions. (Department of Public Health
and Environment)
5. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
6. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
7. The facility shall utilize the existing public water supply ( Little Thompson Water District).
(Department of Public Health and Environment)
8. Access to the new home shall be via Weld County Road 3 and shall be shared with the
adjacent property located to the south. (Department of Public Works)
9. Further subdivision of this parcel will require the vacation of USR-1362. (Department of
Planning Services)
10. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the definition
of setback in the Weld County Zoning Ordinance, the required setback is measured from
the future right-of-way line. (Department of Planning Services)
11. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
Page 6
12. Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.(Department of Public Works)
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
15. Personnel from the Weld County Departments of Public Health and Environment, Public
Works and Planning Services 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.
16. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
17. The property owner or operator 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.
Kik
DEPARTMENT OF PLANNING SERVICES
W�`��• PHONE (970) 353-6100, EXT.3540
FAX (9(970) 3004-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
October 24, 2001
Theodore Schrage
0866 State Hwy 60
Loveland CO 80537
Subject: USR-1362- Request for a Site Specific Development Plan and Special Review Permit for a single family
dwelling unit(other than those permitted under Section 23-3-20.A) in the Agricultural Zone District on a
parcel of land described as Lot B of RE-2509; part of the NE4 of Section 6, T4N, R68W of the 6th P.M.,
Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for December 4,2001, at 1:30 p.m. This meeting will take place in Room
210,Weld County Planning Department, 1555 N. 17th Avenue,Greeley,Colorado. It is recommended that you and/or
a representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103 (adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property 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 Berthoud Planning Commission for their review and comments.
Please call Berthoud at (970)532-3754 for further details regarding the date, time, and place of this meeting. It is
recommended that you and/or a representative be in attendance at the Berthoud Planning Commission meeting to
answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing 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 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 a second sign posted 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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
áght It\ 4-Cr
Planner
EXHIBIT
Driveway for existing house. Driveway accesses onto Highway 60.
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FIELD CHECK
CASE NUMBER: USR-1362 DATE OF INSPECTION: t07 '2 , 0
APPLICANT'S NAME: Theodore Schrage
PLANNER: Lauren Light
REQUEST: A Site Specific Development Plan and Special Review Permit for a single family dwelling unit
(other than those permitted under Section 23-3-20. A) in the Agricultural Zone District.
LEGAL DESCRIPTION: Lot B of RE-2509; part of the NE4 of Section 6,T4N, R68W of the 6th P.M.,Weld
County, Colorado.
LOCATION: South of and adjacent to State Hwy 60; approximately 680 feet west of WCR 3.
LAND USE: �
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0". ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural) /� / _
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P.C. Member
EXHIBIT
3
FIELD CHECK Inspection date: November 5, 2001
CASE NUMBER: USR-1362
APPLICANT: Theodore Schrage
LEGAL DESCRIPTION: Lot B of RE-2509; Pt. of the NE4 of Section 6, Township 4 North,
Range 68 West of the 6th PM, Weld County, CO
LOCATION: South of and adjacent to State Highway 60; west of and adjacent to
Weld County Road 3
Zonina Land Use
N A (Agricultural) N Rural Residence
E A (Agricultural) E Rural Residence
S A (Agricultural) S Rural Residence
W A (Agricultural) W Rural Residence
COMMENTS: Existing house is located on the interior of the property. There is a tank battery
located on the driveway to the house. A few cattle are located on the property which is south of
the ditch. Access to the proposed house would be off of WCR 3.
Lauren Light, Planner
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