HomeMy WebLinkAbout20040039 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, 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-1449
APPLICANT: Raeben Sellers/Tamijo LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part o f t he S E4 N E4 Section 1 7, T 1 N, R 67W o f the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Permit for a Use by Special
Review for a Single Family Dwelling Unit on a Legal Lot and a
Home Business in the A (Agricultural)Zone District.
LOCATION: West of and adjacent to CR 17approximately 1/4 mile south of CR
10.
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 22-2-180.H — Residential development on agricultural zoned land is
provided to aid in the continuation of agricultural production and/or to
accommodate low intensity development. The Department of Planning Services
believes that a single family home with a home business is low intensity.
Section 22-2-60.D. Goal 4 — The conversion of agricultural land to non-urban
residential, commercial and industrial uses will be accommodated when the
subject site is in an area that can support such development. The site is
currently not being farmed. The surrounding properties are primarily single
family homes. The applicant is proposing on-site septic system and the water
will be provided by a well.
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 one single-family dwelling unit per lot other than those permitted under
Section 23-3-20.A as a Use by Special Review in the A (Agricultural) Zone
District. Section 23-3-40.O of the Weld County Code provides for a home
business as an 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. The surrounding property consists of
primarily single-family dwellings and agricultural uses.
EXHIBIT
ksit*Mel
2004-0039
Resolution USR-1449
Bing Sellers
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 a pplicable c ode provisions o r ordinances i n effect, o r the
adopted Master Plans of affected municipalities. The site lies within
Intergovernmental Agreement area for the Town of Dacono. The Town of
Dacono has recommended approval of this application with conditions that will be
met through the conditions of approval and development standards. The site
also is within the three mile referral area for the Town of Erie, Town of Frederick,
and Broomfield C ounty. T he T own of Erie did not have any comments. The
Town of Frederick and Broomfield County did not respond to the referral request.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code.
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.5--The site does not lie within any Overlay Districts.
G. 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
as prime irrigated farmland and high potential dry crop land (prime if irrigated).
H. 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 recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1449 (Department of Planning Services)
B. The applicant shall submit a landscaping/screening plan for review and approval.
All on site landscape treatment shall comply with Section 23-3-250.A.5.a and
A.5.b of the Weld County Code. (Department of Planning Services)
C. All personal vehicles located o n the property must b e operational with current
license plates. All vehicles associated with the construction company must be
screened from all adjacent properties and public rights of way. (Department of
Planning Services)
Resolution USR-1449
Bing Sellers
Page 3
D. The applicant shall address the requirements of Weld County School District RE-
8 as stated in the referral response dated November 4, 2003. Evidence of such
shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
E. The applicant shall attempt to address the requirements (concerns) of Mountain
View Fire Protection District, as stated in the referral response dated November
7, 2003. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
F. In accordance with Chapter 8, Article II of the Weld County Code, the lot shall be
granted one residential/agricultural access off of County Road 17. Direct access
from a public road shall be limited to one access per legal parcel for residential
use, no circle drives or additional accesses shall be granted. The road shall be
graded and drained to provide all weather access. Accesses shall be placed in
such a location as to have adequate sight distance in both directions, shall not be
placed below the crest of a hill or where physical obstructions are present and
shall be a minimum distance o f 7 5 feet from any intersecting C aunty o r State
roadway. No additional access shall be permitted. (Department of Public Works)
G. The off-street parking spaces, access drive, and the parking area shall be
surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to
prevent drainage problems. (Department of Public Works)
H. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning
Services)
2. County Roads 10 and 17 are designated on the Road Capital
Improvement plan in the County Wide Impact Fee Code Ordinance,
Section 20-1-30, as local gravel roads, which require 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 County Roads 10 and 17 shall be
delineated right-of-way on the plat. These roads are maintained by Weld
County. (Department of Public Works)
3. Access to the lot shall be provided from County Road 17 as no additional
accesses shall be granted. (Department of Public Works)
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)
2. Upon completion of 1. 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)
Resolution USR-1449
Bing Sellers
Page 4
3. 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@co.weld.co.us.
(Department of Planning Services)
4. Prior to 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. 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)
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
RAEBEN AND BING SELLERS/TAMIJO LLC
USR-1449
1. A Site Specific Development Plan and a Special Review Permit for a single family
dwelling and home business (construction company) on a legal non-buildable lot 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 outdoor storage of materials shall be stored within a structure or screened from
neighboring properties and public rights-of-way. (Department of Planning Services)
4. No employees are permitted. (Department of Planning Services)
5. All construction shall be in accordance with the provisions of the Uniform Fire Code, as
ratified by the Weld County Commissioners, and all other codes and ordinances, as
enforced by Weld County or the Mountain View Fire Protection District. (Mountain View
Fire Protection District & Department of Planning Services)
6. Prior to the release of building permits for any structure exceeding 3,600 square feet, the
applicant must comply with the requirements of Appendix III-A of the Uniform Building
Code, as recommended by the Mountain View Fire Protection District. (Mountain View
Fire Protection District)
7. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
8. Building permits shall be obtained prior to the construction of any building. Buildings that
meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and
Section 29-3-20 B.13 do not need building permits, however a Certificate of Compliance
must be filed with the Planning Department and an electrical and/or plumbing permit is
required for any electrical service to the building or water for watering or washing of
livestock or poultry. (Department of Building Inspection)
9. A plan review is required for each building except for buildings that meet the definition of
Ag Exempt buildings. 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.
(Department of Building Inspection)
10. Buildings 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 International Mechanical Code; 1997 International Plumbing Code; 2002
National Electrical Code and Chapter 29 of the Weld County Code. (Weld County
intends to adopt the 2003 International Building, Residential, Mechanical, Plumbing and
Fuel Gas Codes early in 2004). (Department of Building Inspection)
Resolution USR-1449
Bing Sellers
Page 2
11. Each building 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)
12. Building height, wall and opening protection and limitations and separation of buildings of
mixed occupancy classifications shall be in accordance with the Building Code. Setback
and offset distances shall be determined by the Zoning Ordinance. (Department of
Building Inspection)
13. Building height shall be measured in accordance with the 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 a ccordance w ith 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)
14. 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)
15. 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)
16. 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)
17. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
(Department of Public Health and Environment)
18. 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)
19. Adequate handwashing and toilet facilities shall be provided. (Department of Public
Health and Environment)
20. 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)
21. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
Resolution USR-1449
Bing Sellers
Page 3
22. The historical flow patterns and run-off amounts will be maintained on site in such a
manner that will reasonably preserve 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)
23. Effective January 1, 2003, Building Permits issued on the proposed lot will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
24. The landscaping on site shall be maintained in accordance with the approved landscape
plan. (Department of Planning Services)
25. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located o n these
lands. (Department of Planning Services)
26. All personal vehicles located on the property must be operational with current license
plates. All vehicles associated with the construction company must be screened from all
adjacent properties and public rights of way. (Department of Planning Services)
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
28. The property owner o r operator s hall b e responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
29. 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.
30. 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 a n a mendment oft he Permit b y the Weld C ounty Board of C ounty 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.
31. 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-1449
Bing Sellers
Page 4
Motion seconded by Stephen Mokray
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 December 16, 2003.
Dated the 16th of December, 2003.
10 Q N 1c�cK;Z—
Voneen Macklin
Secretary
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