The URL can be used to link to this page

Browse Search

Home My WebLink About20070846.tiff INVENTORY OF ITEMS S FOR CONSIDERATION Applicant ' SLW Ranch Case Number I USR-1600 Submitted or Prepared Prior to , At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X • Legal Notifications X N Sign Posting Affadavit X 2 Application X Maps X Deed/ Easement Certificate Surrounding Property/Mineral Owners X N Utilities 3 Referral List X N Referrals without comment X Town of Kersey referral received 2/8/2007 X 4 Referrals with comments X Weld County Department of Public Works referral received 1/24/2007(2 pages) X Weld County Department of Public Health and Environment referral received X 2/6/2007 (2 pages) Weld County Zoning Compliance Officer referral received 1/5/2007 X Weld County Department of Building Inspection referral received 1/16/2007 (2 X pages) Platte Valley School District RE-7 referral received 1/15/2007 X 5 Surrounding Property Owners/Mineral Owners - Letters 5A Letter from Noble Energy dated February 28, 2007 ( j. (.;,,i a,, i..,C (XLa,.,.) X 6 PC Exhibits ion, I hereby certify that the 11 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. A / V_J J_.kZ'd,fl,G4Let Chris Gathman 4 Planner II EXHIBIT ./x;./- owIL • eta LAND USE APPLICATION SUMMARY SHEET COLORADO Planner: C. Gathman Case Number: USR-1600 Hearing Date: March 6, 2007 Applicant: SLW Ranch (Stow Witwer) C/O Robb Casseday - Casseday Creative Designs Address: 55 S. Elm Avenue, Eaton, CO 80615 Request: 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. Legal Description: Part of the NW4 of Section 11,Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 58.5; '/z mile east of County Road 55. Size of Parcel: 56 +/- acres Parcel Number: 0963 11 000003 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 Zoning Compliance, referral received 1/5/2007 • Weld County Department of Public Health and Environment, referral received 2/6/2007 • Weld County Department of Public Works, referral received 1/24/2007 • Weld County Department of Building Inspection, referral received 1/16/2007 • Town of Kersey, referral received 2/8/2007 • Weld County RE-7 School District, referral received 1/15/2007 Responses have not been received from the following agencies: • Colorado Division of Wildlife • West Greeley Soil Conservation District • Olgivy Ditch Company • Platte Valley Fire Protection District EXHIBIT USR-1600-SLW Ranch Company Page 1 I - CiIYk, • SPECIAL REVIEW PERMIT f&tarn"' ADMINISTRATIVE REVIEW WUDe. COLORADO Case Number: USR-1600 Hearing Date: March 6, 2007 Applicant: SLW Ranch (Stow Witwer) C/O Robb Casseday - Casseday Creative Designs Address: 55 S. Elm Avenue, Eaton, CO 80615 Request: 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. Legal Description: Part of the NW4 of Section 11, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 58.5; 1/2 mile east of County Road 55. Size of Parcel: 56 +1- acres Parcel Number: 0963 11 000003 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 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 USR-1600-SLW Ranch Company Page 2 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 'A 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 ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the 3-mile referral boundary for the Town of Kersey. The 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 Department of Planning Services' staff 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 USR-1600-SLW Ranch Company Page 3 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) 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. -a USR-1600-SLW Ranch Company Page 4 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) USR-1600-SLW Ranch Company Page 5 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. 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 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) USR-1600-SLW Ranch Company Page 6 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 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) USR-1600-SLW Ranch Company 7 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) 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. USR-1600-SLW Ranch Company 8 DEPARTMENT OF PLANNING SERVICES b NORTH OFFICE 91Y10Street GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970) 304-6498 111k. COLORADO January 5, 2007 SLW Ranch Co do Robb Casseday 55 S. Elm Avenue Ste 210 Eaton CO 80615 Subject: USR-1600- Request for 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 on a parcel of land described as Part NW4 of Section 11,T5N, R64W 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 March 6,2007,at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'h Street, 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 Kersey Planning Commission for their review and comments. Please call Kersey at 970-353-1681 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 Kersey 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, Chris Gathman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS February 25, 2007. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1600 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign 1 Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD 1 The foregoing instrument was subscribed and sworn to me this (p,day of ( ) r L , 2007. WITNESS my hand and official seal. Nota /Jii( lib7100;VC Pub is BILLIE J. MOORE My Commission Expires: IOW/ 0 NOTARY PUBLIC COLORADO STATE OF COLORAA DO a I Th. n 1.7.: j Y 1 • ra;Y s+ > • I'. NOTICE Wig ` COLOIFIADO - _ A PUBLIC HEARING CONCERNING ), , THIS PROPERTY WILL BE HELD AT: • •,-q It tut Ce P4.. tt $ uJ'. • c. ,..,\,_,._1, (01m-is 1:5•6>s% \;. I . r4 ON Y\ A204 Co , 2067 Ai R 30 PM 5LW .24K� Ca (5L) WAQ..) A NAME P" s. REQUEST "sP `s -C 12?:... wac cs 11 CASE NO. t0jl;- /4-60 % 5(o ACRES .-1; 1 "- ' , ,� ' ;, FOR MORE INFORMATION CALL \ ' , • - ' WELD COUNTY DEPARTMENT OF ' PLANNING SERVICES AT (970)353-6100 ext. 3540 aa' 02 / 22 /2007 Iffi.�.It��;n \ i 4 ` it e! ..k.-, 3 .^ . a z . r. -.4,,,r- L - • "'7-te '�,� i� , �yi' . :. j - ! Ai l ! ` r 7e`� b:. Yl t� , • . ) - • P : ; . . .. - - . 1t ' ffplp )� ?� y, ♦ I FIELD CHECK inspection dates:2/22/2007 APPLICANT: SLW Ranch (Stow Witwer) CASE #: USR-1600 REQUEST: A SSDP & Special Review Permit (a guest house to be built in addition to an existing 2-story residence) in the A (Agricultural) Zone District LEGAL: Part NW4 of Section 11, T5N, R64W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to CR 58.5 and 1/2 mile east of CR 55 PARCEL ID #: 0963 11 000003 ACRES: +/- 56 Acres Zonina Land Use N A N Agland E A E Agland (existing SF residence) S A S Agland W A W Agland (existing SF residence) COMMENTS: -- Two existing residences along with outbuildings on property. Utilizes access point located on property to the west that is under common ownership. Chris Gathman - Planner II Hello