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LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
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CASE NUMBER: PUDZ14-0003 HEARING DATE: December 2, 2014
APPLICANT: Schrage Living Trust, C/O Theodore H. Schrage, Trustee
REQUEST: Request for a Minor Amendment to PZ-1079 (The Meadow Estates PUD) to
remove building envelopes on Lots 1-5 of The Meadows Estates PUD change of
Zone plat.
LEGAL: Lots 1-5 of The Meadow Estates PUD (PZ-1079); located in the E2NE4 of
Section 6, T4N, R68W of the 6`" PM, Weld County, Colorado
LOCATION: South of and adjacent to State Highway 60 and approximately 550-feet west of
County Road 3.
ACRES: 19.94 acres, more or less
PARCEL#s: 106106102001,106106102002,106106102003,106106102004,106106102005
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
Without Comment:
Weld County Building Inspection, referral dated October 13, 2014
Weld County Zoning Compliance, referral dated October 13, 2014
Berthoud Fire Protection District, referral October 14, 2014
With Comment:
Weld County Department of Public Works, referral dated November 10, 2014
Weld County Department of Public Health and Environment, referral dated November 6, 2014
The Department of Planning Services' staff has not received responses from:
Weld County Sheriff's Office
Colorado Parks &Wildlife
Colorado Department of Transportation
Town of Berthoud
Town of Johnstown
Larimer County
School District RE2-J
Handy Ditch Company
Big Thompson Soil Conservation District
Schrage - PUDZ14-0003 Page 1
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CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
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PLANNER: C. Gathman
CASE NUMBER: PUDZ14-0003 HEARING DATE: December 2, 2014
APPLICANT: Schrage Living Trust, 0/O Theodore H. Schrage, Trustee
ADDRESS: 23505 County Road 3, Loveland, Colorado 80537
REQUEST: Request for a Minor Amendment to PZ-1079 (The Meadow Estates PUD) to remove
building envelopes on Lots 1-5 of Meadows Estates PUD change of Zone plat.
LEGAL: Lots 1-5 of The Meadow Estates PUD (PZ-1079); located in the E2NE4 of Section 6,
T4N, R68W of the 6`h PM, Weld County, Colorado
LOCATION: South of and adjacent to State Highway 60 and approximately 550-feet west of County
Road 3.
ACRES: 19.94 acres, more or less
PARCEL#: 106106102001,106106102002,106106102003,106106102004,106106102005
REQUEST SUMMARY: The Meadow Estates PUD (Schrage PUD) change of zone was approved by the
Board of County Commissioners on September 10, 2008. At the time the PUD change of zone was
approved building envelopes for Lots 1-5 of the The Meadow Estates PUD (then known as the Schrage
PUD) were included on the plat submitted with the change of zone application and were included on the
recorded change of zone plat. The applicant now desires to remove these building envelopes. Staff has
gone through the hearing record for the change of zone and can find no requirement from Weld County
staff that required building envelopes be indicated on the plat. No other changes are proposed. If the
building envelopes are removed, future construction on Lots 1-5 would be required to the E (Estate) Zone
District setback and offset requirements.
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 27-5-30
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 27-6-120.8.6.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.
Schrage - PUDZ14-0003 Page 2
22-2-120 C. R.Goal 3. of the Weld County Code states: "Consider the compatibility with
surrounding land uses, natural site features, nearby municipalities' comprehensive plans
and general residential growth trends when evaluating new residential development
proposals."
The requested Planned Unit Development (PUD) amendment will be modifying an
already approved PUD to remove building envelopes. Building envelopes were not
required as a condition of approval for the original PUD and will not affect the
compatibility of the PUD with existing surrounding land uses.
B. Section 27-6-120.8.6.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 11,
Chapter 27 of the Weld County Code.
Removal of building envelopes will not change the uses allowed under the original PUD.
C. Section 27-6-120.8.6.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 PUD change of zone amendment is located within the 3-mile referral areas
of the Towns of Berthoud, Johnstown and Larimer County. No referral response has
been received from Berthoud, Johnstown and Larimer County.
D. Section 27-6-120.B.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 existing "The Meadow Estates PUD" is approved to be served by the Little
Thompson Water District and by Individual Sewage Disposal Systems.
E. Section 27-6-120.B.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 approved PUD has an approved access onto State Highway 60.
F. Section 27-6-120.B.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.
An improvements agreement and collateral was accepted by the Board of County
Commissioners on July 13, 2014 for internal roadway improvements for The Meadow
Estates PUD.
G. Section 27-6-120.8.6.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.
The original change of zone application demonstrated compliance with overlay districts,
commercial mineral deposits, and soil conditions. The applicant addressed comments
pertaining to an existing oil and gas interest on the site and comments from the Colorado
Geological Survey during the original change of zone application process. This proposed
PUD amendment does not impact or change any of these comments that were received
during the original application.
Schrage - PUDZ14-0003 Page 3
H. Section 27-6-120.6.8.h - Consistency exists between the proposed zone district(s), uses,
the specific or conceptual development guide.
The removal of building envelopes does not change the specific development guide that
was submitted with the original change of zone application.
This approval recommendation is based upon compliance with Chapter 27 requirements.
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDZ14-0003. (Department of Planning
Services)
2. The applicant shall adhere to the plat requirements in preparation of the Change
of Zone plat per Section 23-2-690 of the Weld County Code. (Department of
Planning Services)
3. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E of
the Weld County Code. (Department of Planning Services)
4. All recorded easements shall be shall be shown and dimensioned on the Change
of Zone plat. (Department of Planning Services)
5. Show the approved CDOT access on the plat and label with access permit
number if applicable. (Department of Planning Services-Engineer)
6. The applicant shall note on the plat the documents that created the internal road
rights of way. (Department of Planning Services-Engineer)
B. The Change of Zone is conditional upon the following and that each shall be placed on
the Change of Zone plat as notes prior to recording:
1. The 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 (The Meadow Estates PUD). (Department of Planning
Services)
2. The purpose of this minor amendment is to remove building envelopes from Lots
1-5 of The Meadow Estates PUD. (Department of Planning Services)
3. No habitable structures shall be allowed on the Common Open Space.
(Department of Planning Services)
4. Water service shall be obtained from the Little Thompson Water District.
5. 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)
6. 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
Schrage - PUDZ14-0003 Page 4
control plan must be submitted. (Department of Public Health and
Environment)
7. 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)
8. 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)
9. "Weld County's Right to Farm" statement as provided in Appendix 22-E of the
Weld County Code shall be recognized at all times. (Department of Public Health
and Environment)
10. 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/PermitsUnit for more
information. (Department of Public Health and Environment)
11. Activity or use on the surface of the ground over any pad of the OWTS must
be restricted to that which shall allow the system to function as designed and
which shall not contribute to compaction of the soil or to structural loading
detrimental to the structural integrity or capability of the component to function
as designed. (Department of Public Health and Environment)
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 historical flow patterns and runoff amounts will be maintained on the site.
(Department of Planning Services-Engineer)
14. Weld County is not responsible for the maintenance of onsite drainage related
features or internal roadways. (Department of Planning Services-Engineer)
15. A Homeowner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. (Department
of Planning Services)
16. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
17. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within three (3) years of the date of the approval of
the PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the willingness
and ability to continue with the submission of the PUD Final Plan. The Board
Schrage - PUDZ14-0003 Page 5
may extend the date for the submission of the PUD Final Plan application and
shall annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that
the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District.
(Department of Planning Services)
18. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code. (Department of Planning Services)
C. With the Change of Zone plat, 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)
Schrage - PUDZ14-0003 Page 6
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
p - i FAX: (970)304-6498
r
November 13, 2014
SCH RAGE THEODORE
23505 CR 3
LOVELAND, CO 80537
Subject: PUDZ14-0003 - Request for a Minor Amendment to PZ-1079 (The Meadow Estates PUD) to
remove building envelopes on Lots 1-5 of Meadows Estates PUD change of Zone plat. This case is
being processed in conjunction with PUDF14-0010.
On parcel(s)of land described as:
LOTS 1, 2, 3, 4 AND 5 OF MEADOW ESTATES PUD; PART OF SECTION 6, T4N, R68W OF THE
6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 2, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 10,
2014 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
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 needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
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 and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningoases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed bya thiorioef Randem
isdoc
Fuson:lam the authorofthisdocument
Date:2014.11.13 07:58:13-07'00'
Chris Gathman
Planner
h N DEPARTMENT OF PLANNING SERVICES
i ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
S' ? Y FAX: (970)304-6498
October 13, 2014
SCHRAGE THEODORE
23505 CR 3
LOVELAND, CO 80537
Subject: PUDZ14-0003 - Request for a Minor Amendment to PZ-1079 (The Meadow Estates PUD) to
remove building envelopes on Lots 1-5 of Meadows Estates PUD change of Zone plat. This case is
being processed in conjunction with PUDF14-0010.
On parcel(s)of land described as:
LOTS 1, 2, 3, 4 AND 5 OF MEADOW ESTATES PUD; PART OF SECTION 6, T4N, R68W OF THE
6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
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 following Planning Commission(s)for their review and comments:
Berthoud at Phone Number 970-532-2643
Johnstown at Phone Number 970-587-4664
Please call the listed Planning Commissions, 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.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Fbason:I am the author of thisdocument
Date:2014.10.1310:01:07-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 11/17/2014
APPLICANT: Theodore H. Schrage
CASE #: PUDZ14-0003
REQUEST: Request for a Minor Amendment to PZ-1079(The Meadow Estates PUD)to remove building
envelopes on Lots 1-5 of Meadows Estates PUD change of Zone plat.
LEGAL: Lots 1-5 of The Meadow Estates PUD (PZ-1079); located in the E2NE4 of Section 6,
T4N, R68W of the 6`h PM, Weld County, Colorado
LOCATION: South of and adjacent to State Highway 60 and approximately 550-feet west of County
Road 3.
PARCEL ID #s: 106106102001,106106102002,106106102003,106106102004,106106102005
Parcel Size: +/- 19.94 acres
Zoning Land Use
N A N Cropland
E A E Residential Subdivision
S A S Cropland/SF residences on rural parcels
W A W Cropland
COMMENTS:
Existing subdivision lots (one lot currently has a residence). Access is onto State Highway 60.
Chris Gathman - Planner III
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