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Home My WebLink About20041466.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Scott and Nancy Vermilyea Case Number USR-1468 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Affadavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment Eaton Fire Department referral received 3/11/2004 Zoning Compliance referral received 3/2/2004 North Weld County Water District referral received 3/8/2004 Town of Eaton referral received 3/8/2004 4 Referrals with comments X Weld County Department of Health/Environment referral received 3/23/2004 Weld County Department of Public Works referral received 3/12/2004 Weld County Department of Building Inspection referral received 3/23/2004 -5 Planning Commission Resolution- I hereby certify that the 5 items identified herein were submitted to the Department of Plam9 g Services at or prior to the scheduled Planning Commissioners hearing. /., EXHIBIT � Wendi Inloes fi Planner • 2004-1466 ‘str) Wi`PC. LAND USE APPLICATION COLORADO SUMMARY SHEET Case Number: USR-1468 Hearing Date: May 4, 2004 Applicant: Scott and Nancy Vermilyea c/o Tom Hellerich Address: 5754 W. 11th Street, Suite 101 Greeley, CO 80634 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-3166;located in part of the NW4 of Section 3,Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado Location:, East of and adjacent to CR 43; approximately 1/2 mile south of CR 76. Size of Parcel: 147 +/- acres Parcel Number: 0803 03 2000004 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 3/2/2004 • Weld County Department of Public Health and Environment, referral received 3/23/2004 • Weld County Department of Public Works, referral received 3/12/2004 • Weld County Department of Building Inspection, referral received 3/23/2004 • Eaton Fire Protection District, referral received 3/11/2004 • North Weld County Water District, referral received 3/8/2004 • Town of Eaton, referral received 3/8/2004 Page 1 of 7 (4. EXHIBIT S ECIALD REVIEW PERMIT `I�\\ ADMINISTRATIVE REVIEW Igoe. COLORADO Case Number: USR-1468 Hearing Date: May 4, 2004 Applicant: Scott and Nancy Vermilyea do Tom Hellerich Address: 5754 W. 11' Street, Suite 101 Greeley, CO 80634 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-3166;located in part of the NW4 of Section 3,Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to CR 43; approximately 1/2 mile south of CR 76. Size of Parcel: 147 +/- acres Parcel Number: 0803 03 2000004 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) 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.Chapter23,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. Page 2 of 7 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.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 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 location of the homes would not be considered viable agricultural 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) 2. 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: Page 3 of 7 n A. 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: 1) 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 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) Page 4 of 7 r 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 ,r, 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) Page 5 of 7 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) 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 Chapter3. 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. Page 6 of 7 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. Page 7 of 7 DEPARTMENT OE PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE 1111kGREELEY, COLORADO 80631 COLORADO March 2, 2004 _ Scott & Nancy Vermilyea do Thomas Hellerich 5754 W. 11th St. - Ste. 101 Greeley, CO 80634 Subject: USR-1468- A Site Specific Development Plan and a Special Review Permit for a single family dwelling unit (other than those permitted under Section 23-3-20A) in the A (Agricultural )Zone District on a parcel of land described as Lot B of AmRE-343; being Pt of NW4 Section 3,T6N, R65 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 May 4, 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.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 Eaton Planning Commission for their review and comments. Please call 970-454-3338 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 Eaton 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. Respf ctfully, f Wendi Inlods- Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS APRIL 23, 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, VONEEN MACKLIN, 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-1468, SCOTT AND NANCY VERMILYEA IN THE A (AGRICULTURAL) ZONE DISTRICT. VONEEN MACKLIN Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD tt ^ The foregoing instrument was subscrib rn to me this W day of , 2004. WITNESS my hand and official seal op Pfis ( RUMMY ISALMI r rcip Notary Public 4''• My Commission Expires: \©-V--k � t1 � W i "TIC NOTICE Si'oc - -::: : le-:•--; l _ , A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: ' _ 1555A/ ► -7'^A,trw, Grd1� _- 1:::- - - ON Ai lt' , 200 AT 13OPM ; 4 7 • NAME P 1 i _� :le, .- - S+�c � Ibr rrwnni- Din o� 'kz Fa, - T�eu ;A a drab Fd� '- REQUESTrg0. 1/4r4s,06 p,� d, airA� `-::� < T, fit' A r g<u+k a c., o d ;.: ` !�!�r {- ia; •'* CASE NO. (Y)P- ly(03 1u74- ACRES X'-?': • FOR MORE INFORMATION CALL • _ WELD COUNTY DEPARTMENT OF '. - • - PLANNING SERVICES AT __ _ _ _ _ ( 970 ) 353 - 6100 ext . 3540 '' - • . --,. -` -a-L-41_, I --r 1 - - .A Facility on site " - _ - ••••• r �.. 'A - .a. , •, . -1 . Home to the south r __ rp ._i- �_ -__. a _ `i. - —1 Looking east across site Home to the northeast of the site FIELD CHECK inspection date: 4/21/04 CASE NUMBER: USR-1468 APPLICANT: Scott and Nancy Vermilyea LEGAL DESCRIPTION: Lot B of RE-3166; being part of the NW4 of Section 3, T6N, R65W of the 6th P.M., Weld County, Colorado LOCATION: East of and adj. to CR 43; approx. 'IA mile south of CR 76. Zonina Land Use N A (Agricultural) N Ag S A (Agricultural) S Ag / Res E A (Agricultural) E Ag / Res W A (Agricultural) W Ag / Res COMMENTS: Vacant ground with pivot. Oil and Gas No violations \�C`¢Li-e- a—� ��C IC L Voneen Macklin, Planning Tech Hello