HomeMy WebLinkAbout20031020.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, 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-1421
APPLICANT: Corrine Lewis &Troy & Kristi Miller
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: S2 NW4 Section 20, T3N, R68W 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 Section 23-3-20A) in
the A (Agricultural)Zone District.
LOCATION: East of and adjacent to WCR 3; %3 mile south of WCR 32.
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. The 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.There is currently one home located on
the property and the applicant's stated purpose for the Use by Special Review is to provide
a building site for family members.
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 with some
rural 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 Mead who reviewed the
request and found no conflicts with their interests.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code.
Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to
the fee structure of the Weld County Road Impact Program.
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 a.plicant has
indicated the land will stay in agricultural production. EXHIBIT
2003-1020
1 *421
Resolution USR-1421
Troy Miller
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)
2. Prior to recording the plat:
A. The plat shall be labeled USR-1421 (Department of Planning Services)
B. The applicant shall submit a recorded deed upon which the home is to be placed describing
Lot B of RE-2133.
C. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division
of the Weld County Department of Public Health & Environment was unable to locate a
septic permit for the residence on the northeastern part of the property. Any existing septic
system(s)which is not currently permitted through the Weld County Department of Public
Health & Environment w ill require a n I.S.D.S. E valuation prior t o the issuance of the
required septic permit(s). In the event the system(s) is found to be inadequate, the
system(s) must be brought into compliance with current I.S.D.S. regulations.
D. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) 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)
3) CR 3 is designated on the Transportation Plan Map 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. This road is maintained by Weld County. (Department of Public Works)
4) The applicant shall utilize the existing access to the parcel from CR 3. The access
drive shall be surfaced with gravel, asphalt, concrete, or the equivalent and shall
be graded to prevent drainage problems. (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 C orrugated Metal Pipe (CMP) i s Weld C ounty's minimum size. I f 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)
E. The applicant must obtain a building permit for a manufactured home and must comply with
all installation standards of Chapter29 of the Weld County Code applicable to manufactured
homes prior to locating the manufactured home on the property. The manufactured home
Resolution USR-1421
Troy Miller
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shall be placed on a permanent foundation to meet the requirements of a single family
dwelling. (Department of Building Inspection)
F. The applicant shall provide the Weld County Department of Planning Services with a
certificate from the Weld County Treasurer showing no delinquent taxes exist for the subject
parcel. (Department of Planning Services)
3. 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 sixty(60)days from the date of the Board of County Commissioners resolution.The applicant
shall be responsible for paying the recording fee.
4. 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
CORRINE LEWIS
USR-1421
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 I iquid and solid wastes (as defined i n the Solid Wastes Disposal Sites and Facilities A ct,
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 Systems. (Department of Public Heath and Environment)
9. The facility shall utilize the existing public water supply from Longs Peak Water District.
(Department of Public Heath and Environment)
10. Further subdivision of this parcel will require the vacation of USR-1421. (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)
12. 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)
13. 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)
14. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
15. 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)
16, The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
Resolution USR-1421
Troy Miller
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17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
18. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time i n order t o ensure the a ctivities carried out o n the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
19. 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.
20. 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.
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 April 15, 2003.
Dated the 15'h of April, 2003. •
Voneen Macklin
Secretary
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