HomeMy WebLinkAbout20030279.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
The consent agenda was accepted by consensus. No one moved to remove the item from the consent
agenda and,therefore,according to the bylaws,the Planning Commission adopted the staff comments and
conditions as their own. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1408
APPLICANT: Charles & Marion Baum
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Part of the NE4 of Section 22, T2N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit 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.
LOCATION: West of and adjacent to WCR 21; approximately 1/2 mile south of WCR 20
be recommended favorably to the Board of County Commissioners for the following reasons:
THE WELD COUNTY 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 Chapter 23, Article
II, Division 4, 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 Chapter
23, Article II, Division 4, Section 23-2-220 of the Weld County Code, as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with the Weld County Code. The
Conditions of Approval and Development Standards ensure that this proposal is consistent
with the Weld County Code. The applicant's stated purpose for the Use by Special Review
is to permit a previously permitted Mobile Home (ZPMH-00463/Medical Hardship) to
residential use for family members.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of 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 older home occupied by
the applicant, the applicant's stated purpose for the Use by Special Review is to permit a
previously permitted (ZPMH-00463) residential use for family members. Staff has
historically supported additional homes that support or enhance the agricultural community
or that are intended for family members.
C. Section 23-2-220.A.3 -- The uses which would 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. As a historic and previously permitted use the residence is in
keeping with the surrounding property uses.
D. Section 23-2-220.A.4 --The uses which would 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 the Comprehensive Plan or Master Plans of affected
(g. EXHIBIT
I2.003-0279
U.s2 W)'4O`E
Resolution USR-1408
Charles Baum
Page 2
municipalities. The site is located within the three-mile referral boundary area of the Frederick,
Firestone and Fort Lupton which found no conflict with the proposed Use by Special Review.
E. Section 23-2-220.A.5 --The application complies with the Weld County Code, Overlay
District Regulations if the proposal is located within the Overlay District Areas identified by
maps officially adopted by Weld County. The site does not lie in any Overlay District.
F. Section 23-2-220.A.7--The Design Standards(Section 23-2-240 of the Weld County Code),
Operation Standards (Section 23-2-250 of the 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 Weld County Board of County Commissioners.
(Dept. of Planning Services)
2. Prior to recording the plat:
A. The applicant shall replace the existing Block and Tie installation with a permanent
engineered foundation approved and inspected by the Weld County Department of Building
Inspection. (Department of Planning Services)
B. The residences shall use the existing residential access points as no additional accesses
shall be granted. (Dept. of Public Works)
3. The plat shall be amended to include the following:
A. Weld County Road 21 is designated on the Weld County Transportation Plan Map as a local
gravel road, which requires 60 feet of right-of-way at full build out. There
is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County
Road 21 shall be delineated right-of-way on the plat. (Dept. of Public Works)
B. All approved accesses shall be clearly shown on the plat. (Dept. of Public Works)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHARLES & MARION BAUM USR-1408
1. A Site Specific Development Plan and a Special Review Permit 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. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Chapter 23, Article VIII of the
Weld County Code. (Dept. of Planning Services)
3. All liquid and solid wastes (as defined i n the S olid Wastes Disposal Sites and F acilities Act,
30-20-100.5, C.R.S.)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Dept. of Public Health 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. (Dept. of Public Health 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. (Dept. of Public Health and Environment)
6. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S. (Dept. of Public Health and Environment)
7. The existing homes shall use the existing water service provided by Central Weld County Water
District. Adequate hand washing and toilet facilities shall be provided.(Dept. of Public Health and
Environment)
8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes The
existing homes shall use the existing septic systems.Any septic system located on the property must
comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Dept. of Public Health and Environment)
9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof. (Dept. of Public Health and Environment)
10. 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 Zoning Ordinance, the required setback is measured from the future right-of-way line. No
building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M
and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a 200-foot radius
of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot
radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms
of the Section 23-6-10 of the Weld County Code. (Dept. of Planning Services)
11. Any future structures or uses on site must obtain the appropriate zoning and building permits.(Dept.
of Building Inspection)
12. 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 Weld County Code. (Dept. of Public Works)
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Resolution USR-1408
Charles Baum
Page 2
13. The applicant shall recognize,at all times, Weld County's Right to Farm as delineated in Appendix
22-E of the Weld County Code. (Dept. of Planning Services)
14. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 Weld County Code. (Dept. of Planning Services)
15. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 Weld County Code. (Dept. of Planning Services)
16. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time i n order t o ensure the a ctivities carried o ut o n the p roperty comply with the
Development Standards stated herein and all applicable Weld County Regulations.
17. 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.
18. 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.
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
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 January 7, 2003.
Dated the 7th of January, 2003.
lempAidilac r b
Voneen Macklin
Secretary
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CASE NUMBER: USR-1408
APPLICANT: Charles & Marian Baum
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Part of the NE4 of Section 22,
T2N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special
Review Permit 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.
LOCATION: West of and adjacent to WCR 21;
approximately 1/2 mile south of WCR 20.
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