HomeMy WebLinkAbout20052070.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant , Krill Case Number USR-1509
Submitted__or Prepared
Prior to I At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
• 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
• 3 Referral List X
Referrals without comment X
Town of Erie referral received 4/15/2005 X
Boulder Valley Soil Conservation District referral received 5/12/2005 X
`' 4 Referrals with comments X
Weld County Department of Public Works referral received 4/12/2005 (2 pages) X
Weld County Department of Public Health and Environment referral received X
5/4/2005(2 pages)
Weld County Department of Building Inspection referral received 5/29/2005 (2 X
pages)
Weld County Zoning Compliance Officer referral received 4/4/2005 X
Left Hand Water District referral received 4/7/2005(2 pages) X
St. Vrain Valley RE-1J referral received 5/2/2005 X
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Mtn.View Fire Protection District referral receivecfll 5/2005 X
• 5 Surrounding Property Owners/Mineral Owners - Letters
• 5A Letter from Noble Energy dated June 3,2005 (, y ' rvl� I?k- �X�,_ 3) X
6 PC Exhibits
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I hereby certify that the 14 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
1 Chris Gathman Planner
� uw EXHIBIT
U5 4t I 0.
2005-2070
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1509 Hearing Date: June 21, 2005
Applicant: Jason & Amy Krill Address: 5610 County Road 1, Erie, CO 80516
Request: A Site Specific Development Plan and a Special Review 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
Legal Description: Lot B of RE-3926; located in part of the S2 NW4 of Section 6, Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 1 and approximately 1/4 mile south of State
Highway 52
Size of Parcel: +/- 2.6 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 4/4/2005
• Weld County Department of Public Health and Environment, referral received 5/4/2005
• Weld County Department of Public Works, referral received 4/12/2005
• Weld County Department of Building Inspection, referral received 5/29/2005
• Mountain View Fire Protection District, referral received 4/12/2005
• School District RE-1J, referral received 5/2/2005
• Boulder Valley Soil Conservation District, referral received 4/12/2005
• Town of Erie, referral received 4/15/2005
• Left Hand Water District, referral received 4/7//2005
Referral responses have not been received from the following agencies:
• Boulder County
• Division of Wildlife
EXHIBIT
USR-1509 Krill 1 j f
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SPECIAL REVIEW PERMIT
W�`� 0 • ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR-1509 Hearing Date: June 21, 2005
Applicant: Jason &Amy Krill Address: 5610 County Road 1, Erie, CO 80516
Request: A Site Specific Development Plan and a Special Review 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 in the (A)
Agricultural Zone District
Legal Description: Lot B of RE-3926; located in part of the S2 NW4 of Section 6, Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 1 and approximately%mile south of State
Highway 52
Parcel Size: +/-2.6 acres Parcel Number: 1467 06 000013
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.D.A Goal 4 states:
"Conversion of agricultural land to nonurban residential, commercial and industrial uses
will be accommodated when the subject site is within an area that can support such
development." The use will incorporate an existing building and will have little to no
impact on the surrounding area.
b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Sections 23-3-40.O and 23-3-40.L of the Weld County Code
provide for Home Businesses and for more than one (1) single family dwelling per lot
other than those permitted under Section 23-2-20.A as a Use by Special Review in the A
(Agricultural)Zone District.
USR-1509 Kri112
c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. This parcel is surrounded by vacant land on the north,
south and east sides. A single family residence is located across County Road 1 to the
west in Boulder County.
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 urban growth boundary of the Town
of Erie defined as being within 1/2 mile from existing public sanitary sewer facilities as
stated in Section 22-2-100.E of the Weld County Code. Weld County does not have an
intergovernmental agreement with the Town of Erie in this location. The Town of Erie, in
their referral received April 15, 2005, indicated no conflict with their interests.
e. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County
Code. The site is located within the 100-year floodplain per the FIRM Community-Panel
Map number 080260 0960D dated September 29, 1990. The applicants have a
conditionally approved flood hazard development permit(FHDP-491)for the residence
and garage on the property.
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 site is only
2.6 acres in size and has existing buildings and improvements on the property. It is too
small to be considered viable agricultural land.
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. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1509. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
USR-1509 Krill
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2. The location of the home business/dwelling unit shall be indicated on the plat.
(Department of Planning Services)
C. 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. 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(a)co.weld.co.us. (Department of Planning Services)
5. 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)
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USR-1509 Krill4
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jason &Amy Krill
USR-1509
1. The Site Specific Development Plan and Special Use Permit is 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,
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. The business shall adhere to the requirements for a Home Business as defined in Section 23-1-
90 of the Weld County Code. These requirements are:
A)The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein.
B)The use is clearly incidental and secondary to the principal permitted use and shall not
change the character thereof. (Department of Planning Services)
4. The single family dwelling shall be for family members only. The home shall not be used as a
rental for non-family members and employees. (Department of Planning Services)
5. The historical flow patterns and run-off amounts shall 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)
6. 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)
7. 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. (Department of Public Health and Environment)
8. 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)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
USR-1509 Krill 5
11. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health and
Environment)
12. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
13. The facility shall utilize the existing well. (Department of Public Health and Environment)
14. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
15. The installation of any septic system shall comply with the Weld County I.S.D.S. flood plain
policy. (Department of Public Health and Environment)
16. If the building is to be used as a business, the use shall have annual fire inspections. (Mountain
View Fire Protection District)
17. The business shall be limited to one employee who lives on site as stated in the application
materials. (Department of Planning Services)
18. A building permit shall be obtained prior to the construction of any new building, addition or
remodel of the existing building. (Department of Building Inspection)
19. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International
Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
20. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height of 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 to the farthest projection from the building. (Department of
Building Inspection)
21. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. 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. Provide a
Code Analysis Data Sheet provided by the Weld County Building Department with each Building
permit application. (Department of Building Inspection)
22. 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)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
USR-1509 Krill 6
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 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.
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.
USR-1509 Krill 7
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DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10O 8063Street 144;11:1° GREELEY, CO 80631
'#3S—Pilft PHONE: (970) 353-6100, Ext. 3540
W�`p • FAX: (970) 304-6498
C SOUTHWEST OFFICE
4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
April 4, 2005
Jason Krill
5610CR1
Erie CO 80516
Subject: USR-1509- Request for 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 on a parcel of land described
as Part S2NW4 of Section 6, Ti N, R68W 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 %, 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, 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 Erie Planning Commission for their review and comments. Please call
Erie at 303-926-2700 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 Erie 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 June 11, 2005. 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 10 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1509 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
Chris Gathman
Name of Person Posting Sign
6c•to 5)4ft
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this.1)/ day ok)1 J LyJ , 2005.
WITNESS my hand and official seal.
Wit( 2
Notary Public BILLIE J. MOORE
NOTARY PUBLIC II
STATE OF COLORAD^J
My Commission Expires: /01,94a,
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FOR MORE INFORMATION CALL
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FIELD CHECK inspection date: June 3, 2005
CASE NUMBER: USR 1509
APPLICANT: Krill
LEGAL DESC: Lot B of RE-3926; Part S2NW4 of Section 6, Township 1 North, Range 68
West of the 6th PM, Weld County, CO
LOCATION: East of and adjacent to County Road 1 and '/4 mile south of State
Highway 52.
Zoning Land Use
i
N A (Agricultural) N Agricultural land (vacant)
E A (Agricultural) E Agricultural land (vacant)
S A (Agricultural) S Agricultural land (vacant)
W A (Agricultural) W Residence (Boulder County)
Single-family and outbuildings on the property, including the garage proposed for the
,-. dwelling/business.
Chris Gathman Planner II, AICP
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