HomeMy WebLinkAbout20060029.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn,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-1510
APPLICANT: Alvin & Gail Brand
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2505; Pt of S2N2SE4 of Section 15,T1 N, R67W of the
6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
single family dwelling unit other than those permitted by Section
23.2.20.A(an additional single family home) in the A(Agricultural)Zone
District
LOCATION: Approximately 1.4 miles north of CR 8 and west of and adjacent to CR
21.
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 ordinance in effect. Section 22-2-60 (A.Goal 4) states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." Application materials
indicate that the site can support the proposed use.Conditions of Approval and Development
Standards will ensure that the use will be compatible with the region. A violation was initiated
due to the utilization of a second home on one parcel. This violation was presented to the
Board of County Commissioners on September 10,2002. At that time,the Board of County
Commissioners referred the case to the County Attorney's Office,but delayed legal action for
120 days to allow Mr. Brand adequate time to complete and submit a Recorded Exemption
application. The Recorded Exemption application was withdrawn at the Board of County
Commissioners hearing on February 18, 2004.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.L of the Weld County Code provides for a single-family
dwelling unit other than that permitted by Section 23-3-20.A of the Weld County Code 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. The surrounding property to the north, south, east and west are
agricultural in nature. No correspondence has been received from the surrounding property
owners regarding this application. The Development Standards and Conditions of Approval
will ensure compatibility with adjacent properties.
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 Intergovernmental r
Agreement Area for the City of Dacono. The City of Dacono returned the Notice of Inquiry rr
stating that this property is not eligible for annexation.The subject property lies also within the — v)
three mile referral areas of the City of Dacono, Town of Frederick, and the City of Fort a2C� #
Lupton. The City of Dacono and the Town of Frederick reviewed the request and found no S -yY
conflicts with their interests. The Department of Planning Services has not received a referral X
response from the City of Fort Lupton.
2006-0029 'r'N'""io"w'wxea
Resolution USR-1510
Alvin Brand
Page 2
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
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 homes are located
close together adjacent to CR 21. The remaining property is currently being farmed in
accordance with Section 22-2-60.1 of the Weld County Code.
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.
If this application is approved and once a plat has been recorded,the violation will be closed; however, if for
any reason this application is denied,the violation process will continue. If denied,within 90 days from denial,
all commercial equipment and activities shall be removed from the property or this case will be presented to
the Board of County Commissioners through the Violation Hearing process.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.B of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the mineral
owner/operators of either the surface or the mineral estate." Section 22-5-100.6.1 of the
Weld County Code also states "new development should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or show evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owner/operators. Drill
envelopes can be delineated on the plat in accordance with the State requirements as an
attempt to mitigate concerns. The plat shall be amended to include any possible future
drilling sites. (Department of Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1510 (Department of Planning Services)
B. The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) County Road 21 is designated on the Weld County Road Classification Plan, 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 County
Road 21 shall be delineated on the plat as right-of-way. This road is maintained by
Weld County. (Department of Public Works)
Resolution USR-1510
Alvin Brand
Page 3
3) The two homes shall use the existing residential access point as no additional
accesses shall be granted. (Department of Public Works)
4) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above 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 23-2-260.D 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. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required thirty(30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to maps(Wrco.weld.co.us. (Department of Planning Services)
6. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Alvin &Gail Brand
USR-1510
1. A Site Specific Development Plan and Special Review Permit for a single- family dwelling unit
other than that permitted by Section 23-3-20.A of the Weld County Code (an additional single
family home) 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,
fugitive particulate emissions, 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. (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. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health and
Environment)
9. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems (2 permits - #SP000080 & #FL19800032).
(Department of Public Health and Environment)
10. A permanent,adequate water supply shall be provided for drinking and sanitary purposes(Domestic
Well#99448-A). (Department of Public Health and Environment)
11. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
12. The second home shall only be used for immediate family members and as a rental for teachers.The
applicant shall submit to the Department of Planning Services on a yearly basis a copy of the re-
appointment school contract for the person living in the second home. (Department of Planning
Services)
13. The access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent
drainage problems. (Department of Public Works)
14. Effective January 1, 2003, Building Permits issued on the proposed development will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
15. 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 Planning Services)
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
Resolution USR-1510
Alvin Brand
Page 2
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
18. Personnel from the Weld County Government 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.
19. 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.
20. 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.
Motion seconded by Bruce Fitzgerald.
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Tom Holton
Doug Ochsner
James Welch
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, 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 June 21, 2005.
Dated the 21st of June, 2005.
'aaKt,b
Donita May
Secretary
C
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 21, 2005
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24.5 , Longmont,Colorado. The meeting was called to order by Chair, Michael
Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
John Folsom
James Rohn i
Bruce Fitzgerald
Tom Holton
Chad Auer
Doug Ochsner Absent - —
James Welch Absent
Also Present: Don Warden, Monica Mika, Kim Ogle, Chris Gathman, Jacqueline Hatch, Don Carroll, Peter
Schei, Char Davis, Pam Smith, Troy Swain
The summary of the last regular meeting of the Weld County Planning Commission held on June 7,2005,was
approved as read.
The following items are on the Consent Agenda:
CASE NUMBER: USR-1509
APPLICANT: Jason Krill
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part S2NW4 of Section 6, T1 N, R68W of the 6th P.M.,
Weld County,Colorado.
REQUEST: A Site Specific Development Plan and a Special Permit for a home
business (fishing supplies, gear and giftware)and for one (1)single
family dwelling per lot other than those permitted under Section 23-2-
20.A of the Weld County Code in the A(Agricultural)Zone District
LOCATION: East of and adjacent to CR 1 and approximately 1/4 mile south of State
Highway 52.
CASE NUMBER: USR-1510
APPLICANT: Alvin & Gail Brand
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2505; Pt of S2N2SE4 of Section 15,T1 N, R67W of the
6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
single family dwelling unit other than those permitted by Section
23.2.20.A(an additional single family home) in the A(Agricultural)Zone
District
LOCATION: Approximately 1.4 miles north of CR 8 and west of and adjacent to CR
21.
CASE NUMBER: USR-1511 �^
APPLICANT: Alan & Carol Davis ,Q
PLANNER: Jacqueline Hatch �.
LEGAL DESCRIPTION: Lot B of RE-3227; Pt NW4 of Section 10, T3N, R68W of the 6th m 1�
P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a K
home business (storage of excavating/construction equipment) in the A W
(Agricultural)Zone District �
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LOCATION: Approximately 1/4 mile east of CR 7 and south of and adjacent to CR 36.
Moved by James Rohn to approve the Consent Agenda. Seconded by Bruce Fitzgerald. Motion carried
unanimously.
Consent items to be continued:
CASE NUMBER: USR-1513
APPLICANT: Chris &Joe Miller
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A& B of RE-2617 pt of W2NW4 of Section 27, T3N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Recreational Facility with uses similar to those seen at Guest farms and
fairgrounds in the A(Agricultural)Zone District. (For a complete list of
uses see application).
LOCATION: South of and adjacent to State Hwy 66 and east of and adjacent to CR
19.
Due to incomplete information, the Chair suggested this case be continued.
Moved by Chad Auer to be continued to the July 19, 2005 hearing. Seconded by Bruce Fitzgerald. Motion
carried unanimously.
Hearing items to be continued:
CASE NUMBER: PZ-1071
APPLICANT: Melody Homes- DR Horton
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Pt SW4 and Pt. SE4 of Section 33 and Part of the SW4 of Section 34,
T3N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Application for a change of zone from A(Agriculture)for PUD for 833
single family residential lots along with an elementary school site and
70.08 acres of open space.
LOCATION: South of and adjacent to CR 28 and east and west of and adjacent to CR
7.
Moved by James Rohn to be continued to the August 16, 2005 hearing. Seconded by Bruce Fitzgerald.
Motion carried unanimously.
CASE NUMBER: 2AmUSR-1198
APPLICANT: Marcum Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of AmRE-3308; Pt N2NW4 of Section 32, T4N, R65 of the 6th P.M.,
Weld County, Colorado.
REQUEST: Amended Site Specific Development Plan and Special Review Permit for
an Oil and Gas Support Facility(Class II Oilfield Waste Disposal Facility
and a Solids Recovery System) in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 40 and 250 feet more or less east of CR 39.
Moved by Bryant Gimlin to continue indefinitely. Seconded by James Rohn. Motion carried unanimously.
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