HomeMy WebLinkAbout20052069.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-1509
APPLICANT: Jason Krill
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part S2NW4 of Section 6, Ti 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.
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.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 23-3-40.0 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.
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 t
Code. The site is located within the 100-year floodplain per the FIRM Community-Panel Pd
Map number 080260 0960D dated September 29, 1990. The applicants have a =X
conditionally approved flood hazard development permit(FHDP-491)for the residence W
and garage on the property.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to A100'r
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-111
2005-2069
Resolution USR-1509
Jason Krill
Page 2
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 Planning Commission's 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)
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)
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)
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)
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)
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)
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)
Resolution USR-1509
Jason Krill
Page 2
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.
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.
Resolution USR-1509
Jason Krill
Page 3
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.
tio
Donita May
Secretary
lr , 71- cc
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
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, T1N, 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
6ihP.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
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-3227; Pt NW4 of Section 10, T3N, R68W of the 6'"
P.M.,Weld County, Colorado. m
REQUEST: A Site Specific Development Plan and a Special Review Permit fora
home business (storage of excavating/construction equipment) in the A E
(Agricultural)Zone District
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.
Hello