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Home My WebLink About20041298.tiff Weld County PlanniOFEICEng Department GREELEY APR 1 6 Z004 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Darlene G. Blaney Case Number USR-RiC LIVED Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X • Department of Planning Services Field Check Form Letter to Applicant Affidavit and photograph of sign posting Legal Notifications 2 Application X Maps Deed/Certificate of Conveyance Surrounding Property/ Mineral Owners ` Utilities Soil Survey 3 Referral List X 4 Referrals with comment X Weld County Department of Public Works, referral received 2/12/2004 Weld County Department of Public Health and Environment, referral received 2/25/2004 Weld County Department of Building Inspection, referral received 3/1/2004 Weld County Sheriff's Office, referral received 2/10/2004 Weld County Zoning Compliance, referrals received 1/30/2004 I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. //. //1-1 G `l Sheri Lockman ❖ Planner II p� G/Y'Nv� 2004-1298 A Lt5f2141e3 Vert WIID�. LAND USE APPLICATION SUMMARY SHEET COLORADO Planner: S Lockman Case Number: USR-1463 Hearing Date: April 6, 2004 Applicant: Darlene G. Blaney Address: 56145 CR 21, Carr, CO 80612 Request: A Site Specific Development Plan and a Special Review Permit for a single-family dwelling unit other than that permitted by Section 23-3-20.A(guest house) in the A (Agricultural)Zone District Legal Description: S2 SE4 Section 22, T10N, R67W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 21 and north of and adjacent to County Road 114 section line Parcel ID#: 0303 22 000002 Size of Parcel: 80 +/-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 Department of Public Health and Environment, referral received 2/25/2004 • Weld County Department of Public Works, referral received 2/12/2004 • Weld County Department of Building Inspection, referral received 3/1/2004 Weld County Sheriff's Office, referral received 2/10/2004 • Weld County Zoning Compliance, referrals received 1/30/2004 The Department of Planning Services'staff has not received responses from the following agencies: • Nunn Fire Protection District • West Greeley Soil Conservation District • School District RE-9 EXHIBIT USR-1463 Blaney 1 I/ (it\ SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: S Lockman Case Number: USR-1463 Hearing Date: April 6, 2004 Applicant: Darlene G. Blaney Address: 56145 CR 21, Carr, CO 80612 Request: A Site Specific Development Plan and a Special Review Permit for a single-family dwelling unit other than that permitted by Section 23-3-20.A(guest house) in the A (Agricultural)Zone District Legal Description: S2 SE4 Section 22, T10N, R67W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 21 and north of and adjacent to County Road 114 section line Parcel ID#: 0303 22 000002 Size of Parcel: 80 +/-acres THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE DENIED 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 not 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. The manufactured home was originally permitted under ZPMH-2232 as a"Medical Hardship".A violation was initiated as a result of failure to re-justify the use. The application indicates that this home will be used as a guest house but could become a permanent home when medical assistance is needed for a family member. The applicant chose to proceed using the Use by Special Review (USR) process although Planning Staff directed them to apply for a Recorded Exemption. Recently, on similar applications,the Board of County Commissioners has required applicants to apply for a Recorded Exemption as soon as they are eligible.Planning Staff agrees that this USR should be denied and the applicants should proceed through the Recorded Exemption process. 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. USR-1463 Blaney 2 Should the Planning Commission choose to approve USR-1463,the Department of Planning Services'staff recommends the following be included as conditions of approval: 1. Prior to recording the plat: A. All pages of the plat shall be labeled USR-1463. (Department of Planning Services) B. The mobile home was originally built as a temporary structure. The applicant must obtain a building permit for a manufactured home and must comply with all installation standards of Chapter 29 of the Weld County Code applicable to manufactured homes. The manufactured home shall be placed on a permanent foundation to meet the requirements of a single family dwelling. (Department of Planning Services) C. 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) D. The applicant shall submit two(2)paper copies of a plat which conforms to Section 23-2-260.D. of the Weld County Code to the Weld County Department of Planning Services for review and approval. The plat shall be amended to delineate the following: 1) The access from County Road 21. (Department of Public Works) 2) County Road 21 is designated on the Weld County Road Classification Plan as a local gravel 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 County Road 21 shall be delineated right-of-way on the plat. This road is maintained by Weld County. E. The applicant shall submit a detailed plan for the removal of the residence to be enacted at such time that the structure is being used for other than the permitted use. (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) 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 maosaco.weld.co.us. (Department of Planning Services) 4. 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) USR-1463 Blaney 3 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Darlene G. Blaney USR-1463 1. The Site Specific Development Plan and Special Use Permit is for a single-family dwelling unit other than that permitted by Section 23-3-20.A(guest house)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 historical flow patterns and run-off amounts will 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 or storm run-off. (Department of Public Works) 4. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,3020100.5, 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) 5. 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) 6. 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) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 8. 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) 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. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.(Department of Public Health and Environment) 11. Further subdivision of this parcel will require the vacation of USR-1463. (Department of Planning Services) 12. The single family residence shall be for the temporary housing of guests or for family members only. The home shall not be used as a rental for non-family members. (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. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. USR-1463 Blaney 5 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 16. Weld County Government personnel 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. 17. 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. 18. 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-1463 Blaney 6 Kika L3/4-- DEPARTMENT PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE IIlDe GREELEY, COLORADO 80631 COLORADO January 27, 2004 Darlene Blaney 56145CR21 Carr CO 80612 Subject: USR-1463- Request for a Site Specific Development Plan and Special Review Permit for a single- family dwelling unit other than that permitted by Section 232-3-20.A (guest house) in the A (Agricultural)Zone District on a parcel of land described as S2 SE4 of Section 22, T10N, R67W 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 6, 2004, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, 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.8.01-1088) 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. 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. Re spe,ctfully, A I 9 AIL l•R-11 Iivt1 Shen Lockian Planner J . - PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS March 26, 2004 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1463 IN THE A (AGRICULTURAL) ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign )477-1/ .27/74-21/%4-1 Signature of Person Posting Sign STATE OF COLORADO ) )ss. COUNTY OF WELD ) 2 X61The foregoing instrument was subscribed and sworn to me this day o . / WITNESS my hand and official seal. di) . Ct , 101re2 otary Public My Commission Expires 0P" /6R7a) r Iret a Ili 1 0 • -Pi -A. - Illc_; _ - . —- - _ S a --• - - r . r fi. . K t . .•, '' ' G'l4t-. • . . `-� •. .. • • •• • •• �.� _ .. : 4M .r • s : � _ ~ S _. �•. . _ its -.....i.02.•" ••:-••. :�iC .� `.:r7t.. --N -._•Y9�►• y. .rJ^./ r . P ' �_ r .. t 1 4 t it .24 tot . • rt. • • Or"ate ' r •Thi‘ 4 ' 4idiar-a M 'I , r I: •! I •i i I- l- r,�. IX. t r • FIELD CHECK inspection date:3/4/2004 CASE NUMBER: USR-1463 APPLICANT: Darlene G. Blaney LEGAL DESCRIPTION: S2 SE4 Section 22, T10N, R67W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to County Road 21 and north of and adjacent to County Road 114 section line Zoning Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural COMMENTS: The surrounding properties are dryland pasture with few homes. One home and outbuildings is in close proximity to the north of the site. The adjacent homes is screened by a wind break. The location of the home ,off the road in an area already established for residential uses, will cause little, if any, impact on the surrounding properties. /JAI, 2raNlari / Sheri Lockman , Planner II Hello