HomeMy WebLinkAbout20051457.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Chad &Angela Lease and Case Number USR-1502
Michael Lafferty
Submitted or Prepared
Prior to At
Hearing Hearing
N 1 Staff Comments X
` Department of Planning Services Field Check Form X
N Planning Commissioner Folsom Field Check Form
Letter to Applicant X
e Affadavit of sign posting X
` Legal Notifications X
` 2 Application X
Maps X
` Deed/Easement Certificate X
` Surrounding Property/Mineral Owners X
N Utilities X
3 Referral List X
` Referrals without comment
Weld County Planning, Landscape, referral received 2/9/05 X
• Town of Frederick, referral received 3/7/05 X
'i Town of Erie, referral received 3/3/05 X
City of Dacono, referral received 2/22/05 X
Broomfield County, referral received 3/23/05 X
4 Referrals with comments X
Ni Mountain View Fire Protection District, referral received 2/22/05 X
N. Colorado Division of Wildlife, referral received 3/4/05 X
` Weld County School District RE-1J, referral received 2/14/05 X
Boulder Valley Soil Conservation District, referral received 2/17/05 X
Weld County Department of Building Inspection, referrals received 3/16/05 X
N Weld County Department of Public Works, referral received 2/25/05 X
Weld County Department of Public Health and Environment, referral received X
3/8/05
N Weld County Zoning Compliance, referral received 2/9/05 X
N' 5 Surrounding Property Owners- Letters
/JAG-:i wt;4, pc Exl.i;.c'j
4 Ronald and Jeanne Theede letter received 4/18/05 X
, WONT
2005-1457
-6----p2-Exhibits— X
7 -Plunr,ing
I hereby certify that the BBBB items identified herein were submitted to th Dep me t of nin end at o nor to the
sch ule P nni Co issio s hearing.
4. Michelle Martin Planner II
Mestr,
WI o LANDON SUMMARYPSHEET
COLORADO
Planner: Michelle Martin Hearing Date: April 19, 2005
Case Number:USR-1502 Address: 4652 Peak View Street
Erie, CO 80516
Applicant: Chad and Angela Lease
and Michael Lafferty
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 in the A (Agricultural) Zone District.
Legal
Description: Lot 8 of Scott's Acres; Pt. NE4 of Section 9, -11 N, R68W of the 6th P.M., Weld
County, CO
Location: South of and adjacent to Bruce Road and east of and adjacent to Peak View Road
Size of Parcel: 7.42 +/- acres (USR boundary 3.71 +/- 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 2/9/05
• Weld County Department of Public Health and Environment, referral received 3/8/05
• Weld County Department of Public Works, referral received 2/25/05
• Weld County Department of Building Inspection, referrals received 3/16/05
• Weld County Planning, Landscape, referral received 2/9/05
• Boulder Valley Soil Conservation District, referral received 2/17/05
• Weld County School District RE-1J, referral received 2/14/05
• City of Dacono, referral received 2/22/05
• Town of Erie, referral received 3/3/05
• Town of Frederick, referral received 3/7/05
• Colorado Division of Wildlife, referral received 3/4/05
• Mountain View Fire Protection District, referral received 2/22/05
• Broomfield County, referral received 3/23/05
USR-1502 Lease/Lafferty 1 EXHIBIT
The Department of Planning Services' staff has not received responses from the following
agencies:
• Weld County Sheriff's Office
• Boulder County
• Town of Firestone
•
USR-1502 Lease/Lafferty 2
[(� SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Michelle Martin Hearing Date: April 19, 2005
Case Number:USR-1502 Address: 4652 Peak View Street
Erie, CO 80516
Applicant: Chad and Angela Lease
and Michael Lafferty
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 in the A (Agricultural) Zone District.
Legal
Description: Lot 8 of Scott's Acres; Pt. NE4 of Section 9, T1 N, R68W of the 6th P.M., Weld
County, CO
Location: South of and adjacent to Bruce Road and east of and adjacent to Peak View Road
Size of Parcel: 7.42 +/- acres (USR boundary 3.71 +/- acres)
Parcel Number:1467 09 102007 & 1467 09 102008
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.
USR-1502 Lease/Lafferty 3
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 and
east and west are residential (Scott Acres Subdivision). No correspondence has
been received from the surrounding property owners regarding the proposed
development. 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 subject property lies within the three
mile referral area of the City of Dacono, Town of Erie, Town of Firestone, Town of
Frederick, Boulder County and Broomfield County. The City of Dacono, Town of
Erie, Broomfield County,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 Boulder County and the Town of Firestone.
E. Section 23-2-220.A.5 — The site lies within the Geological Hazard District. The
applicant will be required to submit a Geological Hazard Permit to the Department
of Planning Services as outlined in the following conditions. Building Permits issued
on the Lot will be required to adhere to the fee structure of County Wide 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 lot is too
small to be a viable farming operation 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.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
USR-1502 Lease/Lafferty 4
1. Prior to scheduling a Board of County Commissioners hearing:
A. Written evidence from the oil and gas company indicating all requirements and
agreements between the surface developer and the mineral owners and/or lessees
have been completed shall be submitted or evidence that an adequate attempt has
been made to mitigate their concerns shall be submitted to the Department of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1502 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) Peak View Road is designated on the Weld County Road Classification
Plan, as a local gravel subdivision 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 Peak View Road shall be delineated on the plat
as right-of-way. This road is maintained by Weld County. (Department of
Public Works)
3) The home 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)
C. The Boulder Valley Soil Conservation District has provided information regarding
the soils on the site. The applicant shall review the information and use it to
positively manage on site soils. (Boulder Valley Soil Conservation District)
D. The applicant shall attempt to address the requirements (concerns) of Mountain
View Fire Protection District, as stated in the referral response dated 2/16/05.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Mountain View Fire Protection District)
E. The applicant shall attempt to address the requirements (concerns) of Colorado
Division of Wildlife, as stated in the referral response dated 3/2/05. Evidence of
such shall be submitted in writing to the Weld County Department of Planning
Services. (Colorado Division of Wildlife)
F. The applicant shall submit a Geological Hazard Development Permit or provide
written evidence from the Colorado Geological Survey that a Geological Hazard
Development Permit is not required to the Department of Planning Services for
review and approval. (Department of Planning Services)
G. The applicant shall submit two (2) paper copies of the plat for preliminary approval
USR-1502 Lease/Lafferty 5
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 maosco.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)
6. Prior to the issuance of building permits:
A. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or
non-contiguous land disturbance is greater than or equal to one acre in area.
Contact the Water Quality Control Division of the Colorado Department of Public
Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information. (Department of Public Health and Environment)
7. Prior to Certificate of Occupancy
A. An individual sewage disposal system is required for the proposed home and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
USR-1502 Lease/Lafferty 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Chad and Angela Lease and
Michael Lafferty
USR-1502
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 (a second
home) in the A (Agricultural) Zone District.(Department of Planning Services)
2. The single family residence shall be for family members only. The home shall not be used
as a rental for non family members. (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. (Department of Public
Health and Environment)
10. The facility shall utilize the existing public water supply (Left Hand Water District).
(Department of Public Health and Environment)
USR-1502 Lease/Lafferty 7
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. A separate building permit shall be obtained prior to the construction of any building.
(Department of Building Inspection)
13. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Residential building
plans may be required to bear the wet stamp of a Colorado registered architect or engineer.
Provide plans to Mountain View Fire Protection District for their review and approval.
(Department of Building Inspection)
14. 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
Residential Code; 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)
15. Each residential structure 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)
16. 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 the Weld County Code. (Department of Building Inspection)
17. 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. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection. (Department of Building Inspection)
18. The access drive shall be surfaced with gravel or the equivalent and shall be graded to
prevent drainage problems. (Department of Public Works)
19. 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)
20. 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.
USR-1502 Lease/Lafferty 8
(Department of Planning Services)
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. 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.
24. 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.
25. 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-1502 Lease/Lafferty 9
0
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
(it FAX (970) 304-6498
III Dc 918 GREELEY, COLORADO 80631
COLORADO February 7, 2005
Chad Lease
4652 Peak Vew St
Erie CO 80516
Subject: USR-1502- Request for 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 (a second home) in the A
(Agricultural)Zone District and on a parcel of land described as Lot 8 of Scott's Acres; Pt NE4 of
Section 9, T1 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 April 19, 2005,at 1:30 p.m. This meeting will take
place in the Hearing Room, Weld County Planning Department, 4209 CR 24 '/2, Longmont, 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 Dacono, Erie, Firestone and
Frederick Planning Commission for their review and comments. Please call Dacono at 303-833-2317, Erie
at 303-926-2700, Firestone at 303-833-3291 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, Erie, Firestone 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.
Res tf:,8":71711e,
Michelle Martin
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS April 8, 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, Michelle Martin, 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-1502 IN THE A (AGRICULTURAL)
ZONE DISTRICT.
Michelle Martin
Name o�on P sti •gn
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this /( day of ') I , 2005.
WITNESS my hand and official seal.
biLu22^ C
Notary Public C
My Commission Expires: /0)1c)0
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FIELD CHECK inspection date:4/8/05
APPLICANT: Chad & Angela Lease and Michael Lafferty
CASE #: USR-1502
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 (a
second home) in the A (Agricultural) Zone District.
LEGAL: Lot 8 of Scott's Acres; Pt. NE4 of Section 9, Ti N, R68W of the 6th P.M.,
Weld County, CO
LOCATION: South of and adjacent to Bruce Road and East of and adjacent to Peak
View
PARCEL ID #:1467 09 102007 & 1467 09 102008
ACRES: +/- 7.42
Zoning Land Use
N A (Agricultural) N Residential (Scott's Acres Subdivision)
E A (Agricultural) E Residential (Scott's Acres Subdivision)
S A (Agricultural) S Residential (Scott's Acres Subdivision)
W A (Agricultural) W Residential (Scott's Acres Subdivision)
COMMENTS:
The property currently has two homes, both homes are being occupied.
Both homes have there own separate access off of Peak view Road.
The site has quite a few cows on the property and two horses.
Michelle Martin , Planner
Hello