HomeMy WebLinkAbout20041783 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Rothrock Case Number USR-1477
Submitted or Prepared
',. Prior to At
• Hearing Hearing •
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
N, Sign Posting Affidavit and sign picture X
N- 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 Hudson referral received 5/13/2004 X
4 Referrals with comments X
Weld County Department of Public Works referral received 5/5/2004 (2 pages) X
Weld County Department of Public Health and Environment referral received X
5/25/2004 (2 pages)
Weld County Building Inspection referral received 5/27/2004(2 pages) X
Weld County Zoning Compliance Officer referral received 4/28/2004 X
'• —5-- Surrounding Property Owners/Mineral Owners —Letters-
-- PC Exhibits
-7---Planning Cull n i,L.,.,ionResolution.
8 Planning Commission Sign Posting Certificate Celut„i , L,.. u ) X
'' 9 Recommendation from Gathman for Amendments to Conditions and DS X
I hereby certify that the 9 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commission hearing.
•
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Chris Gathman ••r Planner •
EXHIBIT
C-&3t 1471
2004-1783
46,t4ci
WUDc LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Planner: C. Gathman
Case Number: USR-1477 Hearing Date: June 15, 2004
Applicant: David & Darlene Rothrock O/O Todd Hodges Design, LLC
Address: 1269 North Cleveland Avenue, Loveland, CO 80537
Request: A Site Specific Development Plan and a Special Review Permit for a single
family dwelling unit (other than those permitted under Section 23-3-20.A) in
the A (Agricultural) Zone District.
Legal Description: Lot B of RE-3635; located in part of the NE4 of Section 4,Township 1 North,
Range 65 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to CR 43; North of and adjacent to State Highway 52.
Size of Parcel: 108 +/- acres Parcel Number: 1473 04 100036
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 4/28/2004
• Weld County Department of Public Health and Environment, referral received 5/25/2004
• Weld County Department of Public Works, referral received 5/5/2004
• Weld County Department of Building Inspection, referral received 5/27/2004
• Town of Hudson, referral received 5/13/2004
Responses have not been received from the following agencies:
• Colorado Department of Transportation
• Weld County RE-3 School District
• Beebe Canal Ditch Company
• Platte Valley Soil Conservation District
EXHIBIT
USR-1477-Rothrock Page I
r ° SPECIAL REVIEW PERMIT
+ @ u ADMINISTRATIVE REVIEW
wine.
COLORADO
Case Number: USR-1477 Hearing Date: June 15, 2004
Applicant: David & Darlene Rothrock CIO Todd Hodges Design, LLC
Address: 1269 North Cleveland Avenue, Loveland, CO 80537
Request: A Site Specific Development Plan and a Special Review Permit for a single
family dwelling unit (other than those permitted under Section 23-3-20.A) in
the A (Agricultural) Zone District.
Legal Description: Lot B of RE-3635; located in part of the NE4 of Section 4, Township 1 North,
Range 65 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to CR 43; North of and adjacent to State Highway 52.
Size of Parcel: 108 +/- acres Parcel Number: 1473 04 100036
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.1.
(A.Goal 1) states"Conserve agricultural land for agricultural purposes which foster
the economic health and continuance of agriculture." This 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 Ill, 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 Ill, Division 1, Section 23-3-
20.A, in the A (Agricultural) Zone District, subject to a Use by Special Review
Permit.
USR-1477-Rothrock Page 2
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is surrounded by rural agricultural
properties to the north, east, south and west. There is currently a stick-built
residence and a mobile home on the property. The mobile home was originally
authorized as a temporary accessory to the farm use by the Department of Planning
Services under Certificate of Compliance # COC-970010. The applicants are
proposing to allow the mobile home to remain on the property through this special
review permit. 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. A rural agricultural residence is compatible with the
surrounding property 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 from
the Town of Hudson who reviewed the request and indicated no conflict with their
interests in their referral received May 15, 2004.
e. Section 23-2-220.A.5 — The site does not lie within any Overlay Districts.
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)
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 if Irrigated",
"Irrigated Land, Non Prime" and "Prime" land. The location of the two residences
does not impact the agricultural viability of the 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.
The Department of Planning Services' staff 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)
USR-1477-Rothrock Page 3
2. The applicant shall apply for a Recorded Exemption for the second home within 60 days
from November 19, 2008, and the USR shall be vacated. (Department of Planning
Services)
3. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submit evidence to the Department of Planning Services, from
the Colorado Division of Water Resources, demonstrating that the well for the
modular home is appropriately permitted for the use. (Department of Public Health
and Environment, Department of Planning Services)
4. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1477. (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 preparation of the Special Review Permit Plan Map. (Department of
Planning Services)
4) County Road 43 is designated on the Road Classification Plan as a local
gravel road, which requires a 60-foot right-of-way at full build out. There is
presently a 60-foot right-of-way. A total of 30 feet from the centerline of
Weld County Road 43 shall be delineated on the plat as right-of-way. This
road is maintained by Weld County. (Department of Public Works)
5) The Use by Special Review is located on Lot B of an existing recorded
exemption (RE-3635). A 30-foot access easement is in place through the
existing RE-3635 and identified in USR-1477. Identify this access on the
map and utilize this access point for the residential access. (Department of
Public Works)
B. 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.
C. 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
USR-1477-Rothrock Page 4
Planning Services)
USR-1477-Rothrock Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
David & Darlene Rothrock
USR-1477
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 and fugitive particulate emissions 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
10. Further subdivision of this parcel will require the vacation of USR-1477. (Department of
Planning Services)
11. The single family residence shall be for family members and/or employees of the 2dr Cattle
Company only. The home shall not be used as a rental for non-family members and non-
employees of the farm. (Department of Planning Services)
USR-I477-Rothrock Page 6
12. The applicant shall apply for a Recorded Exemption for the second home within 60 days
from November 19, 2008, and USR 1477 shall be vacated upon approval of the recorded
exemption. (Department of Planning Services)
13. 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)
14. Building permits shall be obtained prior to any new 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)
15. 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 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)
16. 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)
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. Offset and setback requirements are measured to the farthest
projection from the building. (Department of Building Inspection)
18. 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)
19. 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 Chapter 23 of the Weld County Code. (Department of Building
Inspection)
20. 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)
USR-1477-Rothrock Page 7
21. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
22. 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.(Department of Public Works)
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 Weld County Departments 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.
28. The Special Use Permit shall not be transferable to any successors in interest to the
prescribed property and shall terminate automatically upon conveyance or lease of the
property to others for operation of the facility. (Department of Planning Services)
29. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works 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.
USR-1477-Rothrock Page 8
DEPARTMENT OF PLANNING SERVICES
\ PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
I1555 N. 17TH AVENUE
WI`De GREELEY, COLORADO 80631
COLORADO
April 27, 2004
David Rothrock
do Todd Hodges
1269 North Cleveland Ave
Loveland, CO 80537
Subject: USR-1477- A Site Specific Development and Special Review Permit for one Single Family
Dwelling Unit per lot other than those permitted under Section 23-3-20A of the Weld County Code
on a parcel of land described as Lot B RE-3635, Pt NE4 of Section 4,Ti N, R65W 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 15, 2004, at 1:30 p.m. This meeting will take
place in the Hearing of the South 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 Hudson Planning Commission
for their review and comments. Please call 303-536-9311 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 Hudson
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,
0/1LWJ 44 it-1-4"---
Chris Gathman
Planner
. i •
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN ES: -j Yk(-- 5 , 14) 2-00q . THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. 1N THE.
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY 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 DR:VE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY. -
•
HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- I y 71
THE SIGN WAS POSTED BY:
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NAME OF PERSON POSTING SIGN
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SIGNATURE FOR PERSON POSTING CIG`J
STATE OF COLORADO)
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COUNTY OF WEL D )
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SUBSCRIBED AND SWORN TO ME THISI DAY OF . (. :t L. %
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NOTARY PUBLIC
MY COMMISSION EXPIRES: (CIA-9)
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THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
EXHIBIT
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FIELD CHECK inspection date: June 3, 2004
CASE NUMBER: USR 1477
APPLICANT: David & Darlene Rothrock
LEGAL DESC: Lot B of RE-3635; Part of the NE4 Section 4, Township 1 North, Range
65 West of the 6th PM, Weld County, CO
LOCATION: North of and adjacent to State Highway 52 and west of and adjacent to
County Road 43.
Zoning Land Use
r
N A (Agricultural) N Agricultural
E A (Agricultural) E Pasture/Ag land
S A (Agricultural) S Pasture/Ag land/rural residences
W A (Agricultural) W Agland/residence
• Two existing residences on the property (1 stick-built residence and 1 mobile home)
• County Road 43 is currently gated adjacent to the property entrance
11
LAAALD ttiCc.�
Chris Gathman Planner II, AICP
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