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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas 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-1362
Planner: Lauren Light
Applicant: Theodore Schrage
0866 State Highway 60
Loveland, CO 80537
Request: A Site Specific Development Plan and a Special Review Permit
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.
Legal Description: Lot B of RE-2509; Pt. of the NE4 of Section 6, Township 4
North, Range 68 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 60; west of and
adjacent to Weld County Road 3
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 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 ordinances in effect. A. Goal 1 states, "Preserve prime
farmland for agricultural purposes which foster the economic health and continuance of
agriculture". The U.S.D.A. soils maps indicate that the soils on this property are
designated "Prime". The applicant has indicated the balance of the land will stay in
agricultural use when the new home is constructed. However, the property is only 45
acres in size and the Home Supply Irrigation Ditch traverses the property which reduces
the ability to farm the parcel.
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. There is currently
one home located on the property which is occupied by the applicant. The applicant's
stated purpose for the Use by Special Review is to provide a building site so a new
home can be constructed which is wheel chair accessible.
c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding properties are predominantly rural
residential in use. 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.
ti EXHIBIT
2002-0002
US2t3ba
RESOLUTION, USR-1362
Theodore Schrage
Page 2
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 three-mile referral boundary areas
of the Town of Berthoud and Larimer County. Neither entity indicated a conflict with the
proposed Use by Special Review. A rural agricultural residence is in keeping with the
potential future surrounding property uses.
e. Section 23-2-220.A.5 --The site does not lie 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 U.S.D.A.
soils maps indicate that the soils on this property are designated "Prime" land. The
applicant has indicated the balance of the land will stay in agricultural use when the new
home is constructed.
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 Commissions 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) Adherence to Section 23-2-260.D of the Weld County Code which pertains to the
Special Review Permit Plan Map. (Department of Planning Services)
2) Weld County Road 3 is designated on the Weld County Transportation Plan
Map 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 Weld County Road 3 shall be delineated right-of-way on the plat.
This road is maintained by Weld County. (Department of Public Works)
3) All approved accesses shall be clearly shown on the plat. Shared access with
the adjacent property owner on Weld County Road 3 shall be indicated. The
applicant shall submit to the Weld County Department of Planning Services a
recorded copy of any agreement signed by all of the owners of the property
RESOLUTION, USR-1362
Theodore Schrage
Page 3
crossed by the access. The access shall be for ingress and egress and shall be
referenced on the plat by the Weld County Clerk and Recorders reception
number. (Department of Public Works)
b. The existing residence shall use the existing residential access point as no additional
accesses shall be granted. (Colorado Department of Transportation)
c. The applicant shall attempt to address the requirements (concerns) of the Berthoud Fire
Protection District, as stated in the referral response received 11/13/01. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
d. The applicant shall provide written evidence to the Weld County Department of Planning
Services that Section 23-2-260.8.13 of the Weld County Code has been addressed.
This section refers to ditch owner agreements. (Department of Planning Services)
e. The applicant shall provide the Weld County Department of Planning Services with a
certificate from the Weld County Treasurer showing no delinquent taxes exist for the
subject parcel. (Department of Planning Services)
3. 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)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nickles
Cathy Clamp
Stephan Mokray
John Folsom
Lous Llerena
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, Voneen Macklin, 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 4, 2001.
Dated the 4th of December, 2001.
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Theodore Schrage
USR-1362
1. The Site Specific Development Plan and Special Use Permit is 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, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (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.) 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. 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)
5. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
6. 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)
7. The facility shall utilize the existing public water supply ( Little Thompson Water District).
(Department of Public Health and Environment)
8. Access to the new home shall be via Weld County Road 3 and shall be shared with the adjacent
property located to the south. (Department of Public Works)
9. Further subdivision of this parcel will require the vacation of USR-1362. (Department of Planning
Services)
10. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Zoning Ordinance, the required setback is measured from the future right-of-way line.
(Department of Planning Services)
11. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
12. 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)
13. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
14. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
15. Personnel from the Weld County Departments of Public Health and Environment,Public Works 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.
RESOLUTION, USR-1362
Theodore Schrage
Page 2
16. 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.
17. 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.
r
,---- the City of Longmont and the Town of Frederick. Mr. Morrison stated that it would apply due to the fact that
the area is still included in the formula and the roads are included. As long as it lies within the defined area
it will apply to the Impact Fee Ordinance.
Sheri Lockman stated that in the past they had placed the condition on if they were in the area. The project
will come before the review board so if it is not applicable they will not have to pay.
Cristie Nicklas asked Don Carroll about the access. Mr. Carroll stated that the accesses are existing. The
residential access is off WCR 7 while the two additional access the outbuildings. They are legitimate
accesses.
Ruth Traupe,the applicant, provided a brief summary with regard to the need for the property. They have an
existing business and need the addition space for storage. The existing buildings were one of the benefit to
the property.
John Folsom asked about the number of vehicle trips and if there would be a need in the future to have that
increases. Mrs. Traupe stated she would like to have more trips if it was possible. The trips are stated as
what they do now.
Cristie Nicklas asked if they were to live on the property as a primary residence. Ms. Traupe stated at the
present time they are not. They will have someone live there. Ms. Nicklas asked if that would be a problem
with the USR. Sheri Lockman stated that they need to change the request from a home business. Ms.
Lockman suggested that the request be changed to"A Site Specific Development Plan and a Special Review
Permit for a Use allowed by Right in the C-2 Commercial Zone District(storage building for commercial uses,
i.e. trophy parts) in the (A)Agricultural Zone District."
Michael Miller asked if it would be sufficient if they read that into the record or would they need to change the
application. Mr. Morrison stated it was advertised as a home business and described as a storage building
for trophy pars. The description should be reflected in the resolution.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cristie Nicklas moved that Case USR-1359, along with the change to Development Standard #4A to one
delivery truck three times a week, #46 to one UPS truck five times a week, and the change to the request,
be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development
Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the
motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes; Cathy Clamp,yes;Cristie Nicklas,
yes; Luis Llerena, yes. Motion carried unanimously.
Case Number: USR-1362
Planner: Lauren Light
Applicant: Theodore Schrage
0866 State Highway 60
Loveland, CO 80537
Request: A Site Specific Development Plan and a Special Review Permit
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.
Legal Description: Lot B of RE-2509; Pt. of the NE4 of Section 6, Township 4 North,
Range 68 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 60; west of and adjacent
to Weld County Road 3
[4. EXHIBIT
C
USe f34
Lauren Light, Department of Planning Services presented Case USR-1362, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Theodore H. Schrage, provided some additional information with regard to the medical need for the
application. Ms. Clamp asked about the other house. Mr. Schrage stated that he will probably rent it. Mr.
Folsom asked about the agreement for access with the neighbors. Mr. Schrage stated that they have
already agreed to this.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cristie Nicklas moved that Case USR-1362,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,
yes; Luis Llerena, yes. Motion carried unanimously.
Meeting adjourned at 2:00p.m.
Respectfully submitted
vax-
Voneen Macklin
Secretary
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