HomeMy WebLinkAbout20040175.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, 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-1450
APPLICANT: Loyd & Sheila Schlichenmayer
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-761; part of the SW4 of Section 6,Ti N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for a single
family dwelling unit(other than those permitted under Section 23-3-20.A)in
the A (Agricultural)Zone District.
LOCATION: 9/10 mile south of State Hwy 52; east of and adjacent to CR 1.
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.A.1. (A.Goal 1)
Conserve agricultural land for agricultural purposes which foster the economic health and
continuance of agriculture. The proposal does not effect the productivity of the site.
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 single family residence located on the property, situs address 5090 CR 1, Erie.
There is a current combined Building and Zoning Violation (VI-0300134) on the property
that was initiated as a result of the conversion and utilization of a barn/garage as a
dwelling unit without the necessary building and zoning permits.
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 developments, recorded exemption lots and agricultural lands with residences.
Boulder County open space is immediately to the west. 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.
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 within a three mile radius to the Towns of Erie and
Frederick. The Town of Erie stated that the request does not comply with their
comprehensive plan. The land use designation for this parcel is 1 dwelling unit per each
five acres. The property is not influenced by either an Intergovernmental Agreement or an
Urban Growth Boundary. The Town of Frederick did not respond to the referral.
E. Section 23-2-220.A.5--The application com lilac with Section 23-5 of the Weld County
Code. �.tN„mil i
2004-0175
Resolution USR-1450
Floyd Schlichenmayer
Page 2
The site is located within the 100-year floodplain as delineated on the FIRM Community
Panel Map 080266 0960 D dated September 28, 1992. The applicant will be required to
amend the existing Flood Hazard Development Permit(FHDP-361)to bring the property
and the new use into compliance with the Federal Emergency Management Agency
(FEMA) requirements. The Department of Building Inspection is requiring an amended
Flood Hazard Development Permit be submitted for the conversion of this building to a
dwelling.
Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to
the fee structure of the Weld County Road Impact Program.
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 property
under review is 3 acres in size and is not considered to be a viable agricultural property.
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.
General Comment from the Department of Public Health and Environment: It is obvious from the
submitted materials that extenuating circumstance led to the construction and development of the second
home on this property. The approval and continued use of the second home does not meet the
Department of Public Health and Environment policy in regard to density of septic systems per acreage
(current policy recommends a minimum density of one septic system per two and one-half acres). If
allowed, the density of septic systems would be one per one and one-half acres. Additionally, the well
permit provided in the application materials indicates that the flow of the well serving the second home is 6
gpm. The Department of Public Health and Environment has discussed the well production with Loyd
Schlichenmayer, applicant. Mr. Schlichenmayer indicated that they have installed a pressure tank to
address the low flow of the well. Pressure tanks are commonly incorporated into water systems to
supplement low-flow wells.
The Planning Commission's 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)
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 30 days from denial, the residential use and occupancy of the structure under review by this
application shall cease immediately. The violation case associated with this property will be
presented to the Board of County Commissioners through the Violation Hearing process.
(Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall designate envelopes for replacement absorption fields for both
residences. The envelopes shall be designated on the plat and language for the
preservation and/or protection of the second absorption field envelope shall be noted on
the plat. Specifically, the plat shall state that activities such as landscaping (i.e. planting
of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.)are
Resolution USR-1450
Floyd Schlichenmayer
Page 3
expressly prohibited in the designated absorption field site. The applicant shall submit
evidence of compliance to the Department of Planning Services. (Department of Public
Health and Environment)
B. The second residence does not have an approved septic system. A septic systems
permit shall be obtained from the Weld County Department of Public Health &
Environment. The septic system must comply with all requirements of the Weld County
Code. Permitting of the system shall be conducted in accordance with Department policy
regarding septic systems installed without an appropriate permit. Further, because the
system is located within the flood plain it must comply with the Weld County I.S.D.S. flood
plain policy. The applicant shall submit evidence of compliance to the Department of
Planning Services. (Department of Public Health and Environment)
C. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1450 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) 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)
4) County Road 1 is designated on the Road Capital Improvement Plan in the
County Wide Impact Fee Code Ordinance, Section 20-1-30, as a future major
arterial road, which requires a 140-foot right-of-way at full build out. This section
of road falls under the maintenance of Boulder County. The applicant may
reserve and show on the plat drawing the future right-of-way adjacent to County
Road 1 designating 70 feet from the section line/center line of County Road 1 to
the future right-of-way line. The applicant should be aware that there shall be no
permanent structures allowed in this future right-of-way. (Department of Public
Works)
5) The limited access to County Road 1 involves sharing an access point for
multiple parcels. Utilize the existing access. (Department of Public Works)
6) All approved accesses shall be clearly shown on the plat. The applicant shall
contact the Weld County Department of Public Works to determine if a culvert is
necessary at any approved road access point. If a drainage culvert is required, a
15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the
applicant chooses to place a larger culvert please contact the Weld County
Department of Public Works to adequately size the culvert. (Department of Public
Works)
D. The applicant must obtain a building permit for the modified pole barn that has been
converted into a duplex. Further the structure shall comply with all installation standards
of Chapter 29 of the Weld County Code. (Department of Building Inspection)
E. The applicant shall submit written evidence to the Department of Planning Services
stating that the duplex has been converted into a single family residence that has one
permanent kitchen. The structure will be in compliance with the definition of a single
family dwelling as stated in the Weld County Code. (Department of Planning Services)
F. 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)
G. The applicant shall provide written evidence of compliance with all basic life-safety issues
as outlined in the referral received October 16, 2003 from the Mountain View Fire
Protection District. (Mountain View Fire Protection District, Department of Planning
Services)
Resolution USR-1450
Floyd Schlichenmayer
Page 4
H The applicant shall attempt to comply with the requirements of the Mountain View Fire
Protection District as outlined in the referral received October 16, 2003. Written evidence
of such shall be submitted to the Department of Planning Services. (Mountain View Fire
Protection District, Department of Planning Services)
The applicant shall amend the existing Flood Hazard Development Permit, FHDP-361 to
bring the property and the new use into compliance with the Federal Emergency
Management Agency (FEMA) requirements. (Department of Planning Services)
J. The applicant shall provide written evidence of compliance with the State of Colorado,
Office of the State Engineer concerning the existing well, permit no. 252966 to the
Department of Planning Services. (Office of the State Engineer, Department of Planning
Services)
K. In a letter dated November 7, 2003, the St Vrain School District states they are opposed
to the approval of this application due to the developments impact on already
overcrowded school facilities. The District further states that"...should the County
approve recommend approval of this development proposal, the School District's cash-in-
lieu and/or land dedication requirements would still need to be satisfied. Since this
property is not a likely future school site, the cash-in-lieu fee would be assessed per lot
within the development. Further, the letter states, The School District's current opposition
may be modified should the developer come to an agreement with the School District
regarding capacity concerns. School District policy acknowledges two possible ways to
accommodate this. This first is for the developer to agree to mitigate the development's
potential impact on capacity by agreeing on a voluntary, per unit contribution to the School
District, in addition to the cash-in-lieu funds. The second way to resolve capacity
concerns would be for the developer to commit to not constructing any residential
structures prior to the availability of school capacity. The applicant shall provide written
• evidence to the Department of Planning Services addressing the concerns of the St. Vrain
School District. (St. Vrain Schools)
L. 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 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. The applicant
indicated that there is a 20-foot access easement by record, Record No. 02034134. This
document should be included in the record prior to recording. (Department of Public
Works, Department of Planning Services)
3. Prior to obtaining a Certificate of Occupancy
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. Written evidence shall be provided to the Department of Planning Services stating that all
conditions associated with the Flood Hazard Development Permit, AmFHDP-361 have
been met to the satisfaction of the Departments of Building Inspection, Public Health and
Environment and Planning Services. (Department of Planning Services)
C. Written evidence shall be provided to the Department of Planning Services stating that all
conditions, issues and factors associated with the Department of Building Inspection on-
site inspection and plan review have been addressed to their satisfaction. (Departments
of Building Inspection, Planning Services)
4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies 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 24-8-70 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.
5. The applicant shall submit an digital file of all drawings associated with the Use by Special Review
application. 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). (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)
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Loyd &Sheila Schlichenmayer
USR-1450
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., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Heath 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 Heath and Environment)
5. 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 Heath and
Environment)
6. Fugitive dust shall be controlled on this site. (Department of Public Heath 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 Heath and Environment)
8. 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 Heath and Environment)
9. This application is proposing a well(s)as its source of water. The applicant should be made aware
that while they may be able to obtain a well permit from the Office of the State Engineer, Division of
Water Resources, the quantity of water available for usage may be limited to specific uses, i.e.
domestic use only,etc.Also,the applicant should be made aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public Health and Environment.
We strongly encourage the applicant to test their drinking water prior to consumption and periodically
test it over time. (Department of Public Heath and Environment)
10. Further subdivision of this parcel will require the vacation of USR-1450. (Department of Planning
Services)
11. The 8000 square foot structure that has been converted to a single family residence with workshop
space shall be for family members only. The single family residence shall not be used as a rental
for non-family members. (Department of Planning Services)
12. 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)
13. Building permits shall be obtained for the conversion of the garage/shop into a dwelling. (Department
of Building Inspection)
14. A plan review is required. Details shall be submitted to the Building Inspection Department to explain
all structural and life safety aspects of this conversion. (Department of Building Inspection)
15. This building shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 1997 Uniform Building Code; 1998
Resolution USR-1450
Floyd Schlichenmayer
Page 2
International Mechanical Code;1997 International Plumbing Code;2002 National Electrical Code and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
16. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening
protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of
mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback
and offset distances shall be determined by the Zoning Ordinance. (Department of Building
Inspection)
17. Building height shall be measured in accordance with the 1997 Uniform 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. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
18. 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 Code, the required setback is measured from the future right-of-way line. (Department of
Planning Services)
19. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
20. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landownershall be responsible for controlling the noxious weeds,pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
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 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.
Resolution USR-1450
Floyd Schlichenmayer
Page 3
Motion seconded by Bruce Fitzgerald
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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 December16, 2003.
Dated the 16th of December, 003.
CCa� 1acK'
Voneen Macklin
Secretary
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