HomeMy WebLinkAbout20060030.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Alvin & Gail Brand Case Number USR-1510
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Affidavit of sign posting X
Legal Notifications X
J 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
" 3 Referral List X
Referrals without comment X
Fort Lupton Fire Protection District, referral received April 7,2005 X
City of Dacono, referral received April 25, 2005 X
Town of Frederick, referral received May 2, 2005 X
4 Referrals with comments X
- Weld County Zoning Compliance, referral received April 14, 2005 X
' Weld County Public Works, referral received April 15, 2005 X
Weld County Public Health and Environment, referral received May 3, 2005 X
5---RC-Exhibits— X
fatiorr X
I hereby certify that the eighteen items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board f County Commissioners hearing.
Jacquelineeiatch Planner
Y EXHIBIT
4
2006-0030
f!trio;
WIDc LAND USE APPLICATION
COLORADO SUMMARY SHEET
Planner: Jacqueline Hatch Hearing Date: June 21, 2005
Case Number: USR-1510
Address: 3251 County Road 21, Fort Lupton CO 80521
Applicant: Alvin and Gail Brand
Request: 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.
Legal
Description: Lot B RE-2505; being part of SE4 of Section 15, T1 N, R67W of the 6th
P.M., Weld County, CO
Location: Approximately 1/4 mile north of CR 8 and west of and adjacent to CR 21
Size of Parcel: 34.19 +/- acres
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 April 14, 2005
• Weld County Department of Public Health and Environment, referral received May 3,
2005
• Weld County Department of Public Works, referral received April 21, 2005
• City of Dacono, referral received April 25, 2005
• Town of Frederick, referral received May 2, 2005
• Fort Lupton Fire Protection District, referral received April 7, 2005
The Department of Planning Services' staff has not received responses from the following
agencies:
Platte Valley Soil Conservation District
• City of Fort Lupton EXHIBIT
USR-1510 Brand Page 1
f err.
r SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Jacqueline Hatch Hearing Date: June 21, 2005
Case Number: USR-1510
Address: 3251 County Road 21, Fort Lupton CO 80521
Applicant: Alvin and Gail Brand
Request: 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.
Legal
Description: Lot B RE-2505; being part of SE4 of Section 15, T1 N, R67W of the 6th
P.M., Weld County, CO
Location: Approximately % mile north of CR 8 and west of and adjacent to CR 21
Size of Parcel: 34.19 +/- acres
Parcel Number: 1469 15 000085
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
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
USR-1510 Brand Page 2
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 Agreement Area for the City of Dacono. The City of Dacono
returned the Notice of Inquiry stating that this property is not eligible for
annexation. The subject property lies also within the three mile referral areas of
the City of Dacono, Town of Frederick, and the City of Fort Lupton. The City of
Dacono and the Town of Frederick reviewed the request and found no conflicts
with their interests. The Department of Planning Services has not received a
referral response from the City of Fort Lupton.
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
USR-1510 Brand Page 3
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 Department of Planning Services' staff 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 22-5-100.6 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.B.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)
USR-1510 Brand Page 4
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)
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
mapsco.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)
USR-1510 Brand Page 5
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)
USR-1510 Brand Page 6
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.
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.
USR-1510 Brand Page 7
a
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
^ 918 10T" Street
GREELEY, CO 80631
I PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
W���C• SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720)652-4211
April 4, 2005
Alvin & Gail Brand
do Tyson Leggate
Flatirons Surveying
655 4'"Ave
Longmont CO 80501
Subject: USR-1510- Request for 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 on
a parcel of land described as Lot B of RE-2505; Pt of S2N2SE4 of Section 15, Ti N, R67W 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 June 21, 2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County
Planning Department, 4209 CR 24 %3, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members may have.
'"is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,
.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 Dacono, Fort Lupton and Frederick Planning Commission for their review and comments. Please call
Dacono at 303-833-2317, Fort Lupton at 303-857-6694 and Frederick at 303-833-2388 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 Dacono, Fort Lupton and Frederick
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.
Respecff
`ylacqu ne H ch
anne
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS E-� l ( I (a S 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENAL _ S OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST E /Ftf'FCEN DAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR U } - I CI o IN THE
A (AGRICULTURAL) ZONE DISTRICT.
Dittn InacKl,.un
Name of Person Posting Sign —Voneen Macklin
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD z
The foregoing instrument was subscribed and sworn to me this'i ) day ofC LC.
PLC
2005. WITNESS my hand and official seal.
CUL an la: 14,4
Notary Public
p.
BILLIE J. MOORE
3 NOTARY PUBLIC
My Commission Expires: f(/) Ag STATE OF COLORADO
..,ah ., •
- V I -
r ,
- A' - •
1 ,
wiioc NOTICE 09c ' -
A PUBLIC HEARING CONCERNING
ITHIS PROPERTY WILL BE HELD AT:
ON - :o -S AT ' a
.
PG
-;'_ . 1
REQUEST 1iL• _ . _• .-,
0 .
i 1. - - = .I - r
CASE NO ACRES .E. ii • .; •
.
FOR MORE INFORMATION CALL L .
WELD COUNTY DEPARTMENT OF r
� " PLANNING SERVICES AT '---.t, I : ,, ,' .
o (910)353-6100(910)353-6100 ext. 3540 ; I
-y, e •
. —
• • - ;. e
''}
•
iI
1 . ,
12 J
-N
' ? iti. � f
/ '` •''.1."--
�Tb ` _
L
t 1 :
_ ___ _
. . ,.'.
„ ...:::.
. . .... ',/..1.c4 4 N. > .,
r, ; k • .
•
/ r
-`t
® �'-
L • ti t .....-'
M� - - �- W _
i `fill1 _ rrr� .
1 l i'
:.1
. •
. (.
-.4W.% •
i . I' 44--
-%--i. ;A
1:
_ 4k1II
a f p
„ ,. ..._ :,
l I Y_ - ,i, .. . . a: t I 4 ###.. #' '1/2' .. .: o
.. ,
`" •
it w
t •
II '
•
•
IP; ' - ::I
t` r.� . r -_r}. _
l l '-
1/2'. ^' 6..
r
,
'VAL. -_ ,
...�.is CI.:_,
=-1 e::.:..�.:. _
- ....
7 , .i
•
- - - r •• : LA;. t 1 4 �. >:
G_ •; : , . 7 ' ' • •
.. . . ' ''' . 7 1 :06 PM •
•;17 SC tiy._f
ti i
v
J ti.-A-,>>. ,I.t �.-R�l �%+-Y , fir. q. S J .
:i t_ - ' ..C.-2,- : w ti
j.4 n T _-Ff .� Ift+1,> A >. l� ,{� Y 1�,.." zit , • .f'
34. �, r • - 04 /�S a -::::.1.-=-4 .,{y 'yam -'n,;..%•;;;;...,.- �..,. '�..� ::,;2"-1.--..A
et
` r �,R ,i� t 4.•• l,. N� ••. ' fit S'_- � .a ta;? -
SVL
FIELD CHECK Inspection Date: 4/7/05
APPLICANT: Alvin&Gail Brand c/o Tyson Leggate with Flatirons Surveying
CASE# : USR-1510
REQUEST: A Site Specific Development Plan and a Special Review Permit for a single family
dwelling unit other than those permitted by Section 23-3-20.A(an additional
single family home), in the A(Agricultural)Zone District.
LEGAL: Lot B RE-2505 pt of S2 N2 SE4 of Section 15,Ti N, R67W of the 6th P.M.,Weld County,
CO.
LOCATION: Approximately 1/4 mile north of CR 8 and west of and adjacent to CR 21.
PARCEL ID#: 1469 15 000085 ACRES: 34.19+/-acres
Zoning Land Use
N A (Agricultural) N A (Agricultural)
E A (Agricultural) E A (Agricultural)
S A (Agricultural) S A (Agricultural)
W A (Agricultural) 1 W A (Agricultural)
COMMENTS:
2 homes on the property (one older— one newer)
RV on site
Agricultural uses surround with single family homes
Homes close to the road with ag land behind to the west.
Jacqueline F Planner
Hello