HomeMy WebLinkAbout20080368.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
•
Moved by Tom Holton that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1635
APPLICANT: Elaine Stuart&Larry Speer
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot 7, Block 66, 2nd Filing, Aristocrat Ranchettes, being part of the SW4
of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for accessory
buildings with gross floor area larger than four percent(4%)of the total lot
area on a lot, part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to Barley Avenue and 1/4 mile east of CR 31.
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 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission 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. Section 22-2-60 A.Policy 1.a states
"Agricultural zoning will be established and maintained to protect and promote the County's
• agricultural industry. Agricultural zoning is intended to preserve prime agricultural land and to
provide areas for agricultural activities and uses dependent upon agriculture without the
interference of incompatible residential,commercial and industrial land uses." The proposal
would allow for a building, on previously subdivided property not under agricultural
production, for hay storage for the four horses allowed as a Use by Right.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-30 of the Weld County Code provides for accessory buildings
exceeding 4%of the total lot area on lots in an approved or recorded subdivision plat or lots
part of a map or plan filed prior to the adoption of any regulations as a Use by Special Review
in the A(Agricultural)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Uses in the area consist of single family residences with outbuildings
and livestock.
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 City of Fort Lupton, in their referral received 11/06/2007 stated the
proposal did not conflict with their interests.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The proposal is not located 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 proposal is located on
"Prime if irrigated",agricultural land but the size of the lot(1.16 acres)limits the viability of the
EXHIBIT
2008-0368 e a
use_ *Ito35
Resolution USR-1635
•
Elaine Stuart&Larry Spear
Page 2
property for agricultural production. The proposed use (storage for hay) is an agricultural
related use.
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 Planning Commission's recommendation for approval is conditional upon the following:
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. The applicant shall justify, in writing,the need for the second access for the parcel. Written evidence
of approval from the Weld County Department of Public Works shall be submitted to the Weld County
Department of Planning Services. (Department of Public Works and Planning Services)
1. 3. Prior to recording the plat:
a. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1635. (Department of Planning Services)
b. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Health and Environment,as stated in the referral response dated November 16,2007.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
c. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works, as stated in the referral response received November 16, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
d. The applicant shall attempt to address the requirements (concerns) of the Weld County
Sheriff's Office, as stated in the referral response dated November 9, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Sheriff's Office)
e. The applicant shall address the requirements(concerns)of the Weld County Department of
Building Inspection, as stated in the referral response received November 14, 2007.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Building Inspection)
• f. The applicant shall submit a Non-Conforming Structure application and subsequently be
approved by the Weld County Department of Planning Services. (Department of Planning
• Resolution USR-1635
Elaine Stuart& Larry Spear
Page 3
Services)
4. Prior to Operation:
a. 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 inquire with the
Water Quality Control Division (WQCD) of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD
that they are not subject to these requirements. (Department of Public Health and
Environment)
•
•
•
Resolution USR-1635
Elaine Stuart & Larry Spear
Page 4
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Opal Stuart and Larry Speer
USR-1635
1. A Site Specific Development Plan and a Special Use Permit for ACCESSORY BUILDINGS(building
for hay storage)with GROSS FLOOR AREA larger than four percent(4%) of the total lot area, as
detailed in Section 23-3-3o of the Weld County Code, per BUILDING on LOTS in an approved or
recorded subdivision plat(Aristocrat Ranchettes Subdivision Second Filling)or LOTS part of a map or
plan filed prior to adoption of an regulations controlling subdivision in the A(Agricultural)Zone District.
(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., as amended) 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. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a"solid waste" in the Solid Wastes Disposal Sites
and Facilities Act,30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment)
5. 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)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
7. 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)
8. Sewage disposal for the facility shall be by a septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage
Disposal Systems.
9. The facility shall utilize the existing public water supply. (Aristocrat Ranchette Water Project, Inc.)
(Department of Public Health and Environment)
• 10. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
•
Resolution USR-1635
Elaine Stuart& Larry Spear
Page 5
and the Weld County Code. (Department of Public Health and Environment)
11. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
12. The building has been classified an S-1 (Storage)occupancy. (Department of Building Inspection)
13. 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 27 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.
• 14. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
15. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
16. Personnel from the Weld County Departments of Public Health and Environment 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.
17. 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.
18. 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.
•
•
Resolution USR-1635
Elaine Stuart& Larry Spear
Page 6
Motion seconded by Paul Branham.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
Tom Holton—Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 December 18, 2007.
Dated the 18'"of December, 2007.
. j;t1 ti
Donita May
Secretary
•
• The Chair read the Consent Agenda cases into the record and explained to the audience that two Planning
Commissioners must ask for a case to be removed from the Agenda for it to be heard. The public would be
given the opportunity to voice concerns prior to the Commissioner's decision.
CONSENT ITEMS
CASE NUMBER: USR-1626
APPLICANT: Jeff Seewald
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-1710, part of the S2 SW4 of Section 6, T3N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District(heavy duty truck and equipment repair)in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 13 and approximately 1/4 mile north of CR 36.
Jacqueline Hatch, Department of Planning, said Staff and the applicant requested this case remain on the
consent agenda. The Chair asked if there was anyone in the audience with a concern. No opposition was
voiced by any member of the audience. None of the Planning Commissioners voiced a concern. The Chair
said Case USR-1626 would remain on the consent agenda.
CASE NUMBER: USR-1630
APPLICANT: Rejoice Lutheran Church
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 5,Block 4, Ranch Eggs Subdivision, Filing 2, being a part of the NW4 of Section
34, Ti N, T68W of the 6th P.M., Weld County, Colorado.
• REQUEST: Site Specific Development Plan and Use by Special Review Permit for a public and
quasi-public building(Church) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to Lowell Lane, approximately 1/2 mile east of CR 7 and
approximately 1 mile north of CR 2/Baseline Rd.
Jacqueline Hatch, Department of Planning, said Staff and the applicant requested this case remain on the
consent agenda. The Chair asked if there was anyone in the audience with a concern. No opposition was
voiced by any member of the audience. None of the Planning Commissioners voiced a concern. The Chair
said Case USR-1630 would remain on the consent agenda.
CASE NUMBER: USR-1635
APPLICANT: Elaine Stuart& Larry Speer
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot 7, Block 66, 2"° Filing, Aristocrat Ranchettes, being part of the SW4 of Section
27, T2N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for accessory buildings with
gross floor area larger than four percent(4%)of the total lot area on a lot, part of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to Barley Avenue and 1/4 mile east of CR 31.
Roger Caruso, Department of Planning, said Staff and the applicant requested this case remain on the
consent agenda. The Chair asked if there was anyone in the audience with a concern. No opposition was
voiced by any member of the audience. None of the Planning Commissioners voiced a concern. The Chair
said Case USR-1635 would remain on the consent agenda.
• CASE NUMBER: USR-1636
APPLICANT: Roger& Diane Andreason
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado. W
3
Hello