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Home My WebLink About20042255 INVENTORY OF ITEMS FOR CONSIDERATION Applicant LEY Case Number USR-1479 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 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Zoning Compliance Officer referral received 4/30/2004 X 4 Referrals with comments X Weld County Department of Public Works referral received 5/10/2004 (6 pages) X Weld County Department of Public Health and Environment referral received X 5/25/2004 (1 page) Weld County Building Inspection referral received 5/27/2004 (2 pages) X Weld County RE-7 School District referral received 5/10/2004 X 5 Surrounding Property Owners/Mineral Owners - Letters 5A Letter from Prima Oil & Gas Company received 6/8/2004 X 6 PC Exhibits aposting (ILA �wru'w.,;r ) X I hereby certify that the 12 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I 4_14 It— I Chris Gathman 4 Planner EXHIBIT usz /4 2004-2255 At4t;, WIiDc LAND USE APPLICATION SUMMARY SH ET COLORADO Planner Wendi Inloes Case Number: USR-1479 Hearing Date: July 6, 2004 Applicant: Fred and Carol Ley Address: 23959 CR 51 Kersey, CO 80644 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 A of RE-3317; located in part of the NE4 of Section 6,Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to CR 50; west of and adjacent to CR 51. Size of Parcel: 5 +/- acres Parcel Number: 1053 06 100035 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 4/30/2004 • Weld County Department of Public Health and Environment, referral received 5/25/2004 • Weld County Department of Public Works, referral received 5/10/2004 • Weld County Department of Building Inspection, referral received 5/27/2004 • Platte Valley School District RE-7, referral received 5/10/2004 ,r. EXHIBIT Page 1 of 7 1 r. IT ADMINISTRATIVE REVIEW lURe. COLORADO Planner: Wendi Inloes Case Number: USR-1479 Hearing Date: July 6, 2004 Applicant: Fred and Carol Ley Address: 23959 CR 51 Kersey, CO 80644 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 A of RE-3317; located in part of the NE4 of Section 6,Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to CR 50; west of and adjacent to CR 51. Size of Parcel: 5 +/- acres Parcel Number: 1053 06 100035 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. 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, Page 2 of 7 EXHIBIT I 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. 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. 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 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) Page 3 of 7 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) Page 4 of 7 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) Page 5 of 7 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 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 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) 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) Page 6 of 7 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 oa'ier 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) Page 7 of 7 a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE illID�. GREELEY, COLORADO 80631 COLORADO April 29, 2004 Fred & Carol Ley 23959 CR 51 Kersey, CO 80644 Subject: USR-1479- 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 on a parcel of land described as Lot A of RE-3317; located in part of the NE4 of Section 6, T4N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. 1 have scheduled a meeting with the Weld County Planning Commission for July 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.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. 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, (7,1 11021-6 Wendi Inloes Planner 1 'I PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: '&9- 2 y LJ I THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN 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 PRCMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE; 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'-171 THE SIGN WAS POSTED BY: asf%S GI)c,A NAME OF PERSON cP OSTING SIGN ei.A1;O 5MfA44/6/„...._ SIGNATURE FOR PERSON POSTING SIGN STATE OF COLORADO) )5E. • COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS DAY OF _1C.(1 • • * 7)1(eP-?__ NOTARY PUBLIC MY COMMISSION EXPIRES: /t (. ( THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. EX rair r�r-. ,.. e, a �r•yrJ - �yAr, y. - ilt r. Willa NOTICE ode. A PUBLIC HEARING CONCERNING -sr it; THIS PROPERTY WILL BE HELD AT: . . , _ _ _ 155 m. ..... .‘ ...--; 05...,, :....- Ai Um 3 1 k .. 4 C r _ • " • NAME Fred - ( f l �`- tk e``-pke) . 6rtu bra c, ... -: REQUEST;;., , t :new 0+ r= - - ` •• CASE NO. 1.621--17(1_ ACRES - _ • - FOR MORE INFORMATION CALL 's - ___ `-? .a WELD COUNTY DEPARTMENT OF ' " _ PLANNING SERVICES AT ii.,�; j 4: ( 970 )353 -6100 ext. 3540 A'. 4 • • • r ' _ -_-r `+..c —..-.. •r�/ � �� . .�• _ ark i �v..wg CO .�: ' 'in ea, �m'� e • •• • J • CA... .AZ_ :ti‘ .- Sit • a .•44,i41.'� _ F,> - 11 i � : 'oi4`T' ;•! r f View from utfcfo`lards wperty --N ,, • . - - • • ' ..�.. - - 7€ , any View from Eout towards property ' 4-• • F • „ K - 4 .. , r .4 ♦ • •Iri, 4. . 1"J h • I .,. .*. - • ` ,` • ♦ _1' I .. kJ • i fit -"gam "'_ ` - ''-- - -- --•.Allelaii ` .� - - _-- -........__........27.:''' - -- - _ a' . .:,_ ■ii• nest no I mrea.. . 1 iIP L Tel .. E -+at :, IP J ' T ' 1 • . 4 , f.,• • r' ., Atiti:47a .' • . " I ' ; 4 r ti . M.— a W - • . • p �1I .. V _ •-_ Af • • ` • .tt?. .er- . • • 't - i. ,,.• �._ 1r fie' 1 5 Ir. at _. Sw�t�� -- _ - fir, :�. _ . O , fa.< - Existng Home on site "x'sa en. - , -t ay�y�,,�� y ritfie`siI : M 1+ .sir" r�'rTn''' ' i - � -,...t ty �., e L f ....f .-41-* , I J t r / 4 . I: • • r .a h 'IBC ‘, a - I _ �i _ _ 1. 1_•r ♦ti• 1 V • Al G. . '1'3� . . .6 . . • 1 rSrt• 'ti!/1'•• '� - - '_if i.: _ Vie a. to the East i' ! s. . -• r•. � f a.i,' .I' A...• / •-. .: ) s. ' ' • • r I• �4•• XL' < • • , • .Y .. • " - , •r '.f • a• . : . A t I r .. � • 4 - • .< ▪ ,, d • r , • 1 ' 111 / !. • r ' M1. . •it_ , A I . . a. it, S. M a ._ Ste Ilir VI _ _�`� . . r - . , V. ; . r. View south down the adjacent CR . ill A t Io _.Ai :. 9 : t: . a . 111/ . • -. rte ,r- • ....r- ,.. _ .4 • - . Y - �Y f" Looking at tt-he site from the north . _ ti - �• _ • I s' .. . 4. ti • e : sS . ' y i' ;II I • 1• ,ai if ass . - . , : �� '�- -__ _ ,_ �. �� ...:. , _ _ _ ......, _ •_,„--,.,... .._ ___.,� _ _ ,. . :____,... , __ - - _ _ - _ , .._ __ __-___-_-_- _-_ a.._ N Ja - . ,4s. v "'��YYY �� _ ' I ter.. •-•• .x•74 +.... J Looking at the site from the north t ,y -' -� : % - f�s ( .� / „ tV fir': y : ra . �� o . • ,, • w f ' l� ti. �.;.;�•, j,f lit• \ • . I .,u„ Al , ...e. • - _".► :v ' F - • • a - \N ' .♦ feit - *- -,-CiMO %.. - • 11:: .r- • ,c• : FIELD CHECK inspection date: June 24, 2004 CASE NUMBER:USR-1479 APPLICANT: Fred & Carol Ley LEGAL DESCRIPTION: Lot A RE-3317; Located in part of the NE4 6-4-64 LOCATION: South of and adjacent to CR 50, west of and adjacent to CR 51. Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural COMMENTS: * Rural, agricultural area. * A single family residence is located to the northeast of the site. f„.„ Chris Gathman, Planner II Hello