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Home My WebLink About20030086.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Ronald L. and Jaimi Lynn Sisneros Case Number USR-1399 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Letter to Applicant Photograph of sign posting Legal Notifications 2 Application X Maps Deed/Easement Certificate Surrounding Property/Mineral Owners Utilities Soil Survey 3 Referral List X Referrals without comment Weld County Zoning Compliance, referral received 10/9/2002 Fort Lupton Fire Protection District, referral received 10/15/2002 Colorado Division of Wildlife, referral received 10/25/2002 4 Referrals with comments X Weld County Department of Public Health and Environment, referral received 10/14/2002 Weld County Department of Public Works, referral received 10/21/2002 City of Fort Lupton, referral received 10/15/2002 School District RE-8, referral received 10/17/2002 Platte Valley Soil Conservation District, referral received 10/28/2002 Weld County Department of Building Inspection, referral received 10/28/2002 5 PC Exhibits 6 Planning Commission Resolution I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. 1 / l /7/7/G vi Sheri Lockman C. Planner II 1 EXHIBIT 2003-0086 Use. #399 es. IIiD�. LANDAPPLICATION SUMMARY SHEET COLORADO Case Number: USR-1399 Hearing Date: December 3, 2002 Applicant: Ronald L. and Jaimi Lynn Sisneros Address: 7315 Jellison St. Arvada, CO 80005-3855 Request: A Site Specific Development Plan and a Special Review Permit for a single- family dwelling unit other than that permitted by Section 23-3-20.A in the A (Agricultural) Zone District Legal Description: Lot A RE1822; being part of the S2 SW4 Section 9, T1 N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Weld County Road 10; approximately 1/3 mile east of Weld County Road 29 Size of Parcel: 8.97 +/- acres 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 10/9/2002 • Weld County Department of Public Health and Environment, referral received 10/14/2002 • Weld County Department of Public Works, referral received 10/21/2002 • Fort Lupton Fire Protection District, referral received 10/15/2002 • School District RE-8, referral received 10/17/2002 • City of Fort Lupton, referral received 10/15/2002 • Colorado Division of Wildlife, referral received 10/25/2002 • Weld County Department of Building Inspection, referral received 10/28/2002 • Platte Valley Soil Conservation District, referral received 10/28/2002 The Department of Planning Services' staff has not received a responses from the following agency: r • Fulton Ditch Company, referral received USR-1399 Sisneros 1 EXHIBIT 41*GIVI SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW wok COLORADO Planner: S Lockman Case Number: USR-1399 Hearing Date: December 3, 2002 Applicant: Ronald L. and Jaimi Lynn Sisneros Address: 7315 Jellison St. Arvada, CO 80005-3855 Request: A Site Specific Development Plan and a Special Review Permit for a single- .— family dwelling unit other than that permitted by Section 23-3-20.A in the A (Agricultural) Zone District Legal Description: Lot A RE1822; being part of the S2 SW4 Section 9, T1 N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Weld County Road 10; approximately 1/3 mile east of Weld County Road 29 Size of Parcel: 8.97 +/- acres Parcel Number: 1471 09 000067 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE DENIED 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 not consistent with Chapter 22 and any r— USR-1399 Sisneros 2 other applicable code provisions or ordinance in effect. Section 22-2-60 (A.Policy 1.a.) states "Agricultural zoning will be established and maintained to protect and promote the County's agricultural industry. Agricultural zoning is intended to preserve prime agricultural land and to provide areas for agricultural activities and uses dependent upon agriculture without the interference of incompatible residential,commercial and industrial land uses."The applicants are proposing to use the existing home as a commercial rental property. Staff has historically not supported additional homes that do not support or enhance the agricultural community or that are not intended for family members. Section 22-2-60.B.1 (A.Goal 2.)States"Allow commercial and industrial uses which are directly related to or dependent upon agriculture to locate within agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available"The proposed commercial rental property is not directly related to nor dependent upon agriculture. b. Section 23-2-220.A.2 --The proposed use is not consistent with the intent of the A (Agricultural)Zone District.Section 23-3-40.L of the Weld County Code provides for a single-family dwelling unit other than that permitted by Section 23-3-20.A as a Use by Special Review in the A(Agricultural)Zone District. However, the proposed use will in no way enhance the agricultural community. Per the Weld County Code the site could hold thirty five (35) animal units. Upon permitting the well for two homes, the Division of Water Resources has limited that number of animals allowed to four (4). Further, the well permit states"the ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less that the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated water level declines." 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. Should the Board choose to approve the application, Planning Staff recommends the following be added as Conditions of Approval: 1. Prior to recording the plat: A. The plat shall be labeled USR-1399 (Department of Planning Services) B. The applicant shall address the requirements of Weld County School District RE-8 as stated in the referral response dated October 16, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) r USR-1399 Sisneros 3 D. The applicant shall submit a paper copy of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above 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 23-2-260.D 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. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review/. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mansCa.co.weld.co.us. (Department of Planning Services) 4. Prior to issuing the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed home and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 5. 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) USR-1399 Sisneros 4 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Ronald L. and Jaimi Lynn Sisneros USR-1399 1. The Site Specific Development Plan and Special Use Permit is for a single-family dwelling unit other than that permitted by 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. The approved second residence does not constitute justification for further land splits. (Department of Planning Services) 4. 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 Health and Environment) 5. 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 Health and Environment) 6. 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 Health and Environment) 7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 8. 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 Health and Environment) 9. 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 Health and Environment) 10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 11. A building permit shall be obtained prior to the construction of, or the installation of, any building on this property. (Building Inspection) 12. A plan review is required for each building for which a building permit is required. Plans USR-1399 Sisneros 5 shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Building Inspection) 13. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 1999 National Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection) 14. 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. (Building Inspection) 15. Fire resistance of walls and openings, construction requirements, height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. (Building Inspection) 16. 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 27 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. (Building Inspection) 17. If a drainage culvert is required at the access point to WCR 10,a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size the culvert. (Department of Public Works) 18. 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) 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 21. 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. 22. 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 USR-1399 Sisneros 6 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. 23. 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. r USR-1399 Sisneros 7 (1.- DEPARTMENT OF PLANNING SERVICES I PHONE (970) 353-6100, EXT.3540 WID c.O FAX (970)304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO October 8, 2002 Ronald and Jaime Sisneros 7315 Jellison Street Arvada, CO 80005 Subject: USR-1399- Request for a Site Specific Development Plan and Use by Special Review Permit for one single-family dwelling unit other than that permitted by Section 23-3-20.A in the A (Agricultural)Zone District on a parcel of land described as Lot A of RE-1822; being part of the S2 SW4 of Section 9, Ti N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: 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 December 3, 2002, 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 attercance to answer ar.„, 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 Fort Lipton Planning Commission for their review and comments. Please call City of Fort Lupton at 970-346-0326 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 Fort Lupton 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. Respectfully, Sheri Lockman Planner H CASE NO. Vii$ g.,f7 ACRES NAME I 4' �+ 4 ..'ei; er • ir rac REOIJESTia f A PUBLIC HEARING bilYEERNING THIS PROPERTY WILL BE HELD AT 1555 NORTH 4 - 17th AVE., GREELEY, COLORADO 80631, ON CLnbr 0 . AT ter, I' FOR MORE INFORMATION CALL THE WELD 'COUNTY DEPT, OF PLANNING SERVICES AT (970) 393.6100 EXt 3$4th. a• I,, t i/ ;i Ca2 ;7 LL)'tL1 �2� FIELD CHECK inspection date: 11/07/2002 CASE NUMBER: 115 2 " 13 9 9 APPLICANT: SA,Qj o-a-a2 Zoning Land Use N A (Agricultural) N I / E A (Agricultural) E c S A (Agricultural) S �, W A (Agricultural) W I r ,ttf COMMENTS: i/h- Q-{ fie' ,l�L C'c,t'RLEA .lin,f cH4vtriA g • kfita Sheri Lockman , Planner II Hello