HomeMy WebLinkAbout20042254 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-1479
APPLICANT: Fred & Carol Ley
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Lot A Re-3317; located in part of the NE4 of Section 6, T4N, R64W of the
6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a single
family dwelling unit(other than those permitted under Section 23-3-20A)in
the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 50; west of and adjacent to CR 51.
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. 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 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. The parcel currently has one residence
located on the parcel.
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 agricultural and
residential in use. 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 does not lie within a three mile radius of any city or town.
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" land. The lot is not large
enough to be considered viable for farming. EXHIBIT
2004-2254 rc
(.<92
Resolution USR-1479
Fred Ley
Page 2
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 recommendation for approval is conditional upon the following:
1. The following shall be placed as a note on the plat:
a. The applicant shall apply for a Recorded Exemption for the second home within 60 days from
September 23, 2007, and the USR shall be vacated. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall address the requirements of Weld County School District RE-7 as stated
in the referral response dated May 10,2004. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1479 (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 Plat Map. (Department of Planning Services)
4) County Roads 50 and 51 are designated on the Road Classification Plan as local
gravel roads,which requires 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 County Roads 50 and
51 shall be delineated on the plat. These roads are maintained by Weld County.
(Department of Public Works)
5) 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)
C. 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.
D. 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
FRED AND CAROL LEY
USR-1479
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 Regulations.(Department of Public Heath and Environment)
9. The facility shall utilize the existing public water supply(Central Weld Water District). (Department
of Public Heath and Environment)
10. Further subdivision of this parcel will require the vacation of USR-1479 (Department of Planning
Services)
11. The single family residence shall be for family members only. The home shall not be used as a
rental for non-family members. (Department of Planning Services)
12. The applicant shall apply for a Recorded Exemption for the second home within 60 days from
September 23, 2007, and the USR shall be vacated. (Department of Planning Services)
13. Effective January 1,2003, Building Permits issued on the subject property 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 the construction of any building.
15. 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. Tow
complete sets of plans are required when applying for each permit. If the mobile home is blocked and
tied, plans from the manufacturer detailing blocking and tie downs is an alternative. (Department of
Building Inspection)
Resolution USR-1479
Fred Ley
Page 2
16. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of the
permit application. Current adopted codes include the 2003 International Building Code; 2003
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)
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)
19. 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)
20. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
21. 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 on these lands. (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. Weld County 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.
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)
4
Resolution USR-1479
Fred Ley
Page 3
Motion seconded by John Folsom
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tonya Stobel
Chad Auer
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 July 6, 2004.
Dated the 6'h of July, 2004.
Voneen Macklin
Secretary
5
h 9C,Cq
AMENDED
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 6, 2004
A regular meeting of the Weld County Planning Commission was held Tuesday 2004, in the Weld County
Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Chair, Michael Miller, at 1:30p.m.
ROLL CALL
r�
Michael Miller Mr.) :r
Bryant Gimlin f-(l F=
John Folsom (7 _ o
Stephan Mokray E to c-
James Rohn ,---
Bruce Fitzgerald Absent 17 I
Tonya Strobel
;
Chad Auer o 'I
Doug Ochsner Absent
Also Present: Peter Schei, Don Carroll, Chris Gathman, Sheri Lockman, Pam Smith, Char Davis
The summary of the last regular meeting of the Weld County Planning Commission held on June 15, 2004,
was approved as read.
The Following items will be continued:
CASE NUMBER: USR-1481
APPLICANT: Monfort Finance Co. Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SW4 Section 24, Township 5North, Range 64 West of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review for an
Agricultural Service establishment primarily engaged in performing
services on a fee or contract basis, including: Alcohol production
exceeding ten thousand (10,000)gallons per year or the sale or loan of
alcohol occurring to any other person not involved in the alcohol
production operation (Ethanol Plant) in the A(Agricultural)Zone District
LOCATION: Approximately'/]mile west of CR 61; '/3 mile north of State Highway 34.
Sheri Lockman, Department of Planning Services, read a letter into the record requesting to withdraw this
case.
The following items are on the Consent Agenda but will be heard:
— CASE NUMBER: USR-1479
APPLICANT: Fred & Carol Ley
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Lot A Re-3317; located in part of the NE4 of Section 6, T4N, R64W of the
6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a single
family dwelling unit (other than those permitted under Section 23-3-20A)
in the A(Agricultural)Zone District ,
LOCATION: South of and adjacent to CR 50; west of and adjacent to CR 51. $ '
Chris Gathman, Department of Planning Services presented Case USR-1479, reading the
recommendation and comments into the record. The Department of Planning Services is recommending r
approval of the application along with the Conditions of Approval and Development Standards. The
s'.YF!y 4ti
reason for this application is the Recorded Exemption process is not available to them at this time.
Carol & Fred Ley, applicants provided additional information regarding the case. Their concern is the
Recorded Exemption (RE)will exempt out one acre, which will be in the middle of the five acres. The
proposed home is for family members only. Mr. Miller stated the County's position is to have the USR until
a RE can be recorded. Mr. Gathman stated the RE is not a requirement to sell the parcel, the applicant
can keep both parcels in their name. Mr. Miller indicated that the ultimate issue is the mobile home will be
used for family and that is tough to enforce.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Michael Miller asked if the case could be reviewed after set period of time for compliance? Mr. Gathman
stated a Development Standard would be needed to be added to address that possibility. This application
contains provisions for the RE, if those conditions are not present this will be a permanent USR. There are
other applications that can address this issue but the parcel must be eligible and this one is not at the
present time.
John Folsom added that the County is being accommodative to permit this second home. The County is
unable to monitor the conditions due to lack of personnel. The RE is a proper way to address this issue
but it is unavailable at this time. Mr. Folsom feels the comments regarding the RE should be kept.
James Rohn asked Mr. Gathman what would happen if the comments were to remain and the applicants
did not apply for the RE? Mr. Gathman indicated the USR would then be considered in violation and that
violation process would begin.
Michael Miller added that there was a case where the County did not want to do an RE when an easement
for access across land was a concern. Mr. Gathman indicated that was two existing residences and the
location of those did not allow for direct access, it would have created an island lot with not direct access
to a County road. Mr. Gathman added this application borders directly onto two county roads and it can
be configured to have direct access.
Stephen Mokray asked if the applicants were restricted to a specific spot on the property. Mr. Gathman
indicated the plat does not give an exact location, there can be alternative locations.
Michael Miller asked if the applicants would be willing to place the mobile home adjacent to CR 50 so that
it would not be in the center of property. Ms. Ley stated that the mobile home has to go where it is shown
because there is a septic system in place, due to a mobile home in the past years. Mr. Miller asked for the
reason for that mobile home. Mr. Ley indicated it was to help with the farm.
John Folsom asked if Public Works had any objection to an access being created from CR 50. Mr. Carroll
stated there is are existing access's onto CR 50 & CR 51, the suggestion is to use the main access off CR
50. Mr Folsom stated the access could be on CR 50 with not much land being disrupted due to the
agricultural zoning.
James Rohn moved to amend Development Standards#13 to state"subject property' not"proposed lots".
John Folsom seconded. Motion carried.
James Rohn moved that Case USR-1479, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. John Folsom seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tanya
Strobel, yes; Chad Auer, yes. Motion carried unanimously.
CASE NUMBER: USR-1466
APPLICANT: Francisco& Lorraine Valencia
PLANNER: Michelle Katyryniuk
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