HomeMy WebLinkAbout20041782 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-1477
APPLICANT: David & Darlene Rothrock
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B RE-3635, Pt NE4 of Section 4, T1 N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development and Special Review Permit for one Single
Family Dwelling Unit per lot other than those permitted under Section 23-3-
20A of the Weld County Code
LOCATION: North of and adjacent to State Hwy 52 and West of and adjacent to CR 43.
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) states
"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.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is surrounded by rural agricultural properties to the north,
east, south and west. There is currently a stick-built residence and a mobile home on the
property. The mobile home was originally authorized as a temporary accessory to the farm
use by the Department of Planning Services under Certificate of Compliance#COC-970010.
The applicants are proposing to allow the mobile home to remain on the property through this
special review permit. 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 from the Town of Hudson who reviewed
the request and indicated no conflict with their interests in their referral received May 15,
2004.
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)
EXHIBIT
2004-1782
U-42_ #/4.77
Resolution USR-1477
David Rothrock
Page 2
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 if Irrigated","Irrigated Land,Non
Prime"and"Prime"land. The location of the two residences does not impact the agricultural
viability of the 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 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)
2. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources,demonstrating that the well for the modular home is
appropriately permitted for the use. (Department of Public Health and Environment,
Department of Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1477. (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
preparation of the Special Review Permit Plan Map. (Department of Planning
Services)
4) County Road 43 is designated on the Road Classification Plan as a local gravel road,
which requires a 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 Weld County Road 43 shall be
delineated on the plat as right-of-way. This road is maintained by Weld County.
(Department of Public Works)
5) The Use by Special Review is located on Lot B of an existing recorded exemption
(RE-3635). A 30-foot access easement is in place through the existing RE-3635 and
identified in USR-1477. Identify this access on the map and utilize this access point
for the residential access. (Department of Public Works)
Resolution USR-1477
David Rothrock
Page 3
B. The applicant shall submit two 2 pp ( ) 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
David & Darlene Rothrock
USR-1477
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 and fugitive particulate emissions 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 Systems. (Department of Public Heath and Environment)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
10. Further subdivision of this parcel will require the vacation of USR-1477. (Department of Planning
Services)
11. The single family residence shall be for family members and/or employees of the 2dr Cattle Company
only. The home shall not be used as a rental for non-family members and non-employees of the
farm. (Department of Planning Services)
12. 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)
13. Building permits shall be obtained prior to any new construction of any building. Buildings that meet
the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20
B.13 do not need building permits, however a Certificate of Compliance must be filed with the
Planning Department and an electrical and/or plumbing permit is required for any electrical service
to the building or water for watering or washing of livestock or poultry. (Department of Building
Inspection)
14. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2003 International Building Code; 2003
International 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)
Resolution USR-1477
David Rothrock
Page 2
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. Two
complete sets of plans are required when applying for each permit. (Department of Building
Inspection)
16. 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)
17. Each building will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall
be designed by a Colorado registered engineer. (Department of Building Inspection)
18. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined
by Chapter 23 of the Weld County Code. (Department of Building Inspection)
20. 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)
21. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(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. 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.
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)
Resolution USR-1477
David Rothrock
Page 3
29. 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.
Motion seconded by Stephen Mokray
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 June 15, 2004.
Dated the 15th of June, 2004.
Voneen Macklin
Secretary
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