HomeMy WebLinkAbout20070845.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, that the following resolution be introduced for approval by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1600
APPLICANT: SLW Ranch Company (Stow Witwer)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NW4 of Section 11, T5N, R64W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for one (1)
single-family dwelling unit other than those permitted under Section 23-2-20.A
of the Weld County Code (a guest house to be built in addition to an existing
2 story residence) in the A (Agricultural)Zone District
LOCATION: North of and adjacent to CR 58.5; 1/2 mile east of CR 55.
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 Weld County Planning Commission that the applicant has not
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 ordinance in effect. Section 22-2-
60.A.1. (A.Goal 1) states "Conserve agricultural land for agricultural
purposes which foster the economic health and continuance of agriculture."
This proposal does not effect the productivity of the site. The applicants are
proposing to replace an existing single-family residence (second residence)
on site. No additional land will be taken out of production.
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.
c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is surrounded by rural
agricultural properties to the north, east, south and west. An existing single-
family residence owned by the applicant is located on the property
immediately to the west of the site. Two additional single family residences
are located '/z mile to the west and 1/4 mile to the east of the site. There are
currently two stick-built residences (one constructed in 1890 and one
constructed (a bunkhouse) in about 1915 on the property. 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 ordinance m
in effect, or the adopted Master Plans of affected municipalities. The site i S
located within the 3-mile referral boundary for the Town of Kersey. The
2007-0845 arm
Resolution USR-1600
SLW Ranch Company
Page 2
Town of Kersey, in their referral received February 8, 2007, indicated no
conflict with their interests.
e. Section 23-2-220.A.5 —The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the Weld County Road Impact
Program. (Ordinance 2002-11) (Department of Planning Services)
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 if Irrigated","Irrigated Land, Non Prime"and"Prime"land.
The location of the two residences does not impact the agricultural viability
of the property.
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 Weld County Planning Commission 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. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1600. (Department of
Planning Services)
2) The attached Development Standards. (Department of Planning
Services)
3) Adherence to Section 23-2-260.D of the Weld County Code which
pertains to the preparation of the Special Review Permit Plan Map.
(Department of Planning Services)
4) County Road 58.5 is designated on the Road Classification Plan as a
local gravel road, which requires a 60-foot right-of-way at full build out.
The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of
Public Works)
Resolution USR-1600
SLW Ranch Company
Page 3
5. The proposed location for the residence to be replaced on the property
is indicated within the required offset outlined in the A(Agricultural)Zone
District outlined under Section 23-3-50.C: "three (3)feet, or one (1)foot
for each three (3) feet of building height, whichever is greater". The
applicant shall amend the location of the replacement residence to meet
A(Agricultural)offset requirements. (Department of Planning Services)
B. Per the USR-1600 plat map submitted with this application, the old cow
barn, old garage and Witwer house on the property to the west are
indicated within the required offset outlined in the A (Agricultural) Zone
District as outlined under Section 23-3-50.C: "three (3) feet, or one (1)
foot for each three (3) feet of building height, whichever is greater". The
applicant shall submit nonconforming structure applications for
processing by the Department of Planning Services for buildings located
within the required offset or provide evidence to demonstrate that these
buildings meet offset requirements.
3. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the paper copies the applicant shall submit a Mylar plat along with all other
documentation required as conditions of approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' Staff. The plat shall be prepared in accordance with the
requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within thirty (30) days from the date of
the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee.
4. Prior to Release of Building Permits:
A. A letter of approval from the Platte Valley Fire Protection District shall be
provided to the Department of Planning Services. (Platte Valley Fire
Protection District)
5. No building or electrical permits shall 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SLW Ranch Company (Stow Witwer)
USR-1600
1. A Site Specific Development Plan and a Special Review Permit for a single family dwelling
unit (other than those permitted under Section 23-3-20.A) 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. Alf 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 Heath 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 Heath 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 Heath
and Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department
of Public Heath 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 Heath and
Environment)
8. Sewage disposal for the facility shall be by septic system.Any septic system located on the
property must comply with all conditions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Heath and Environment)
9. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health
and Environment)
10. The facility shall utilize the existing public water supply(North Weld County Water District).
(Department of Public Health and Environment)
11. This Use By Special Review Permit establishes two single-family residences on a single
parcel. There is no requirement that the residences be separated through a land division
provided that they are in compliance with the development standards of this Use By Special
Review Permit. (Department of Planning Services)
12. The second single family residence shall be for family members and guests of the property
owners only. The home shall not be used as a rental. (Department of Planning Services)
13. Effective January 1, 2003, Building Permits issued on the proposed lots will be
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Resolution USR-1600
SLW Ranch Company
Page 5
required to adhere to the fee structure of the Weld County Road Impact Program.
(Ordinance 2002-11) (Department of Planning Services)
14. Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Project Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8, Section 5-8-40)
15. In the event the adjacent property to the west of this Use by Special Review Permit (USR)
site is sold, separate from this parcel, the applicant shall contact the Weld County of
Department Public Works to obtain a new access to the USR parcel. (Department of Public
Works)
16. The off-street parking including the access drive to the guest house shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
17. The historical flow patterns and run-off amount will be maintained on site in such a manner
that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off. (Department of Public Works)
18. The applicant must take into consideration storm water capture/quantity and provide
accordingly for best management practices. (Department of Public Works)
19. A separate building permit shall be obtained prior to the construction of any structure.
(Department of Building Inspection)
20. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
21. A plan review is required for each new building except for buildings that meet the definition
of Ag Exempt buildings. Plans shall bear the wet stamp of a Colorado registered architect
or engineer. Two complete sets of plans are required when applying for each permit.
(Department of Building Inspection)
22. Building height shall be measured in accordance with the 2003 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
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building. (Department of Building Inspection)
23. Each new residential 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.
(Department of Building Inspection)
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Resolution USR-1600
SLW Ranch Company
Page 6
24. 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 Chapter 23 of the Weld County Code. (Department of Building
Inspection)
21. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
22. 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)
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. Personnel from Weld County Departments 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.
26. 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.
27. 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.
28. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works 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.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
�— James Welch
Tom Holton
Paul Branham
Mark Lawley
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The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 the 6'" of March, 2007.
Dated the 6th of March, 2007.
Kristine Ranslem
Secretary
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- -02OO
including badminton, basketball, croquet, golf driving range,
horseshoes and volleyball; outdoor events including Easter egg
hunt, hay/straw wagon rides, pumpkin patch, sleigh rides and
surrey rides; holiday parties and community gatherings along
with accessory uses including bar service and catering) in the A
(Agricultural)Zone District.
LOCATION: % mile north of State Hwy 14; west of and adjacent to CR 17.
Chris Gathman stated that Russell Pope is requesting a continuance until April 3, 2007. There is a
recommendation from the Department of Public Works that a drainage report be submitted for their review
prior to the Planning Commission hearing.
Bruce Fitzgerald moved that Case USR-1601 be continued until April 3, 2007, seconded by Doug Ochsner.
Motion carried.
CASE NUMBER: PZ-1116
APPLICANT: Lone Tree Estates
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot C of RE-3846, part of the NW4 of Section 27, T7N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: Lone Tree Estates PUD, Change of Zone from the A
(Agricultural)Zone District to PUD for three (3) lots with (E)
Estate Zone uses.
LOCATION: East of and adjacent to CR 43 and approximately'% mile north of
CR 76.
Chris Gathman stated that Lone Tree Estates, in care of Troy Hauer for A Better Job, Inc., applied for a
change of zone from an Agricultural Zone District to PUD for three (3) lots for Estate Zone uses. It was
noted that the Planning Commission hearing was not properly notified in the newspaper. The Department
of Planning Services requests that this case be continued until April 3, 2007 to fulfill these requirements.
The Chair asked if there was anyone in the public who wishes to speak for or against the continuance of
PZ-1116. Having none, the public portion was closed.
Tom Holton motioned to continue PZ-1116 to April 3, 2007, seconded by Doug Ochsner. Motion carried.
CONSENT ITEMS
CASE NUMBER: USR-1594
APPLICANT: Swift Beef Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 of Section 31, T6N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for an Agricultural Service establishment primarily engaged in
performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including: Animal waste
recycling or processing facilities (Waste Water Treatment
Facility) in the A(Agricultural)Zone District for the property
described below.
LOCATION: South of and adjacent to CR 62.5; west of and adjacent to CR
51.
CASE NUMBER: USR-1598
APPLICANT: Kinder Morgan
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 of Section 5, T11 N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development Facility including Natural Gas
Processing Facility in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to State Hwy 85; north of and adjacent to
CR 132.
CASE NUMBER: AmUSR-543
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
LEGAL DESCRIPTION: NE4SE4 of Section 34, T7N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special
Review Permit for a Mineral Resource Development Facility
including a Natural Gas Processing Facility in the A(Agricultural)
Zone District.
LOCATION: West of and adjacent to CR 33; north of CR 74.
— CASE NUMBER: USR-1600
APPLICANT: SLW Ranch Company(Stow Witwer)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NW4 of Section 11, T5N, R64W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
one (1)single-family dwelling unit other than those permitted
under Section 23-2-20.A of the Weld County Code (a guest
house to be built in addition to an existing 2 story residence) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 58.5; % mile east of CR 55.
The Chair asked if there was anyone in the audience who wished to speak for or against any items on the
Consent Agenda, which would include USR-1596. No one wished to speak.
Bruce Fitzgerald moved that Cases USR-1596, USR-1594, USR-1598, AmUSR-543, and USR-1600 be
forwarded to the Board of County Commissioners along with the Conditions of Approval and Development
Standards with the Planning Commissions recommendation of approval. Tom Holton seconded the motion.
Motion carried unanimously.
HEARING ITEMS
CASE NUMBER: USR-1586
APPLICANT: Justin &Wendy Markwardt
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-1758; Pt SE4 of Section 34, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone District
(Outdoor Storage of Recreational Vehicles, Boats, Trailers, and
Mini Warehousing for personal/household storage) in the A
(Agricultural)Zone District,
LOCATION: South of and adjacent to F Street; approx 3/4 mile east of N. 59th
Ave.
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