HomeMy WebLinkAbout20041465.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin,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-1468
APPLICANT: Scott& Nancy Vermilyea
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Lot B of RE-3166; being Pt of NW4 Section 3, T6N, R65 of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a single
family dwelling unit (other than those permitted under Sectio 23-3-20A) in
the A (Agricultural )Zone District.
LOCATION: East of and adjacent to CR 43; approximately 2 mile south of CR 76.
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 is currently vacant, as there
are two proposed stick built homes being proposed.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding I and uses. T he surrounding properties are predominantly a gricultural 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. 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 to the Town of Eaton who reviewed the
request and found no conflicts with their interests.
e. Section 23-2-220.A.5 -- The west half of this site does lie within the 100-year floodplain as
delineated on the FIRM Community Panel 080266 0489 C,dated September 28, 1992. The
applicant is proposing to build outside of the floodplain, and should this change a Flood
Hazard Development Permit will need to be obtained.
•
Effective January 1, 2003, Building Permits issued on the proposed lots will be required t.
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11 g
(Department of Planning Services) m
f. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prim:-
agricultural land in the locational decision for the proposed use. The U.S.D.A. soils map-
indicate that the soils on this property are designated "Prime" land. The location of tha
homes would not be considered viable agricultural property. ass
2004-1465
Resolution USR-1468
Scott Vermilyea
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'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)
The applicant shall apply for a Recorded Exemption for the second home within 60 days from May
6, 2007, and the USR shall be vacated. (Department of Planning Services)
3. The following shall be placed as a note on the plat:
1. Potential Purchasers are hereby notified that a private airstrip is located directly south of the
proposed building sites, permitted as USR-814. Off-site impacts that may be encountered
to include noise from the aircraft.
4. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
The plat shall be labeled USR-1468 (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 43 is designated on the Road Classification Plan as a collector status
road,which requires a 80-foot right-of-way at full build out. There is presently a 60-
foot right-of-way. A total of 40 feet from the centerline of Weld County Road 43 shall
be delineated on the plat as right-of-way reservation for future expansion of Weld
County Road 43. This road is maintained by Weld County. (Department of Public
Works)
5. The existing recorded exemption(RE-3166)and the proposed USR permit are both
identifying possible building sites in the southeast corner of Lot B. The access
easement is in place through the existing RE-3166 and identified in USR-1468.
Identify this access on the map and utilize this access point for your residential
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)
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
Resolution USR-1468
Scott Vermilyea
Page 3
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 Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SCOTT AND NANCY VERMILYEA
USR-1468
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. An individual sewage disposal system is required for the proposed homes and shall be installed
according to the Weld County Individual Sewage Disposal Regulations.(Department of Public Heath
and Environment)
9. Further subdivision of this parcel will require the vacation of USR-1468 (Department of Planning
Services)
10. 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)
11. The applicant shall apply for a Recorded Exemption for the second home within 60 days from May
6, 2007, and the USR shall be vacated. (Department of Planning Services)
12. Prior to the release of building permits, the applicant shall submit a recorded deed describing Lot B
of RE-3166, upon which the building permit is requested with the building permit applications.
(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. 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
International Mechanical Code;1997 International Plumbing Code;2002 National Electrical Code and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
Resolution USR-1468
Scott Vermilyea
Page 2
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 Weld County Code, Chapter 23. (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/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)
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 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.
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.
26. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
27. 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)
28. 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.
Resolution USR-1468
Scott Vermilyea
Page 3
Motion seconded by Stephen Mokray
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin •
Stephen Mokray
Bruce Fitzgerald
James Rohn
Chad Auer
Tonya Strobel
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 May 4, 2004.
Dated the 4`" of May, 2004.
C11 r• I )nikeii
Voneen Macklin
Secretary
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