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HomeMy WebLinkAbout20030280.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant CHARLES & MARIAN BAUM Case Number USR-1408 Submitted or Prepared Prior to at Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form X Letter to Applicant X Sign Posting Verification 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 Weld County Code Compliance referral 11/26/02 X Weld County Department of Building Inspection referral 12/18/02 X Weld County Sheriffs Office referral 12/2/02 X Fort Lupton Fire Protection District referral 11/25/02 X Colorado Division of Wildlife referral 12/4/02 X Soil Conservation District referral 12/18/02 X Town of Firestone referral 12/7/02 X Town of Fort Lupton referral 11/25/02 X Town of Frederick referral 11/29/02 X 4 Referrals with Comment X Weld County Department of Public Works referral 12/2/02 X Weld County Dept of Public Health &Environment referral 12/16/02 X 5 PC Exhibits X 6 Planning Commission Resolution I hereby certify that the —f items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. (1 �.. EXHIBIT 0.,., 33-v.co 023 G 4Stav; ND USE LA ON SUMMARY PSHEET COLORADO Case #: USR-1408 Hearing Date: 1/7/03 Applicant: Charles & Marian Baum Planner: Robert Anderson 8519 WCR 21 Fort Lupton, CO 80621-8924 Request: 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. Legal: Part of the Northeast Quarter, Section 22, Township 2 North, Range 67 West of the 6`h Prime Meridian, Weld County, Colorado. Location: West of and adjacent WCR 21 approximately % Mile South WCR 20 Parcel #: 1311 22 000 008 Size of Parcel: 2.0 +/- Acres .- POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Chapter 23, Article II, Division 4, Section 23-2-220 of the Weld County Code. The Weld County Department of Planning Services'staff has received responses from the following agencies: • Weld County Department of Public Works, referral received 12/2/02 • Weld County Department of Public Health and Environment, referral received 12/16/02 • Weld County Department of Building Inspection, referral received 12/18/02 • Weld County Zoning Compliance, referral received 11/21/02 • Weld County Sheriffs Office, referral received 12/2/02 • Colorado Division of Wildlife, referral received 12/4/02 • Frederick, Colorado, referral response received 11/29/02 • Fort Lupton, Colorado, referral received 11/25/02 • Firestone, Colorado, referral received 12/7/02 • Fort Lupton Fire Protection District, 11/25/02 Baum (USR-1408) - 1 EXHIBIT em. Ff‘st SPECIAL REVIEW PERMIT wine ADMINISTRATIVE REVIEW COLORADO Case #: USR-1408 Hearing Date: January 7, 2003 Applicant: Charles & Marian Baum Planner: Robert Anderson 8519 WCR 21 Fort Lupton, CO 80621-8924 Request: A Site Specific Development Plan and a Special Review Permit fora 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. Legal: Part of the Northeast Quarter, Section 22,Township 2 North, Range 67 West of the 6' Prime Meridian, Weld County, Colorado. Location: West of and adjacent WCR 21 approximately 1/2 Mile South WCR 20 Parcel #: 1311 22 000 008 Size of Parcel: 2.0 +/- Acres 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 Department of Planning Services' staff 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 I II, 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. Baum (USR-1408) - 2 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 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 Department of Planning Services' staff 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) Baum (USR-1408) - 3 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) r Baum (USR-1408) - 4 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 in the Solid Wastes Disposal Sites and Facilities 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 Baum (USR-1408) - 5 t 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) 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 in order to ensure the activities carried out on the property 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. Baum (USR-1408) - 6 r •�" ....... '"npa+s«w�'r..ws a < r a °-,,,,�." s'''.:m"« " -. i r•ryI�^wnclY eriOt �& w'" i c ` ** a'NM�kA .x k} 4 Y" ••�,:i i :1 tM{.-AK.g1 +''iiµ, ary%x ^'�!�'x•r,wx t r'�„�tw. jy��,��} ' "" }truer^` 1t".: •ik+x *,0'''1. Ix w w r'ea'r" :,, +1+^ PF aerMt'...:;L:• PIER.y, # • r M{ rt*t ' r x t , #a4 ,•41. ,.r'+.t ,,vs `�' s "4rNx"nr.�,.a"�,�" �-. 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An - MVC-011 S.JPG Page 1 i1 i.U. d liE �h ,,Se xR� l�t -.%s 5,' L t 'GS`x $ i� RR In i+W'X'F � , K"Y''k� • I. , . n ` ,. [,fli 91FR8.2 �i lS"K 3e 4 N&4 Y P d' ce LY 5 5 Y eis ♦ �^. .. k,& . • 1 'ari 1`3 {3 rims £ ,---r FIELD CHECK CASE NUMBER: USR-1408 DATE OF INSPECTION: r: - = "Z- APPLICANT'S NAME: Charles & Marion Baum PLANNER: Robert Anderson 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. LEGAL DESCRIPTION: Part of the NE4 of Section 22, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to WCR 21; approximately 1/2 mile south of WCR 20. LAND USE: N hLS 1 DnlAit AA Ac/L U E R..LS l t .4U t., (AA S D API L.'tM O Pei-Clog-a. (L )L L4/L L L ` 't M D w p(i-A t.mn Q (Po vcrsk 11c-D5 Puss INA(Tiv£.) ZONING: N A(Agricultural) r E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: -GI (5 use. ()PPin€5 i) 19L c,rwtPa-n3La L�t � 5vYLtz,,,v v>rs. P.C. Member FIELD CHECK ✓ COLORADO APPLICANT: CHARLES & MARION BAUM CASE #:USR-1408 LEGAL: PT/NE4 22-2-67 LOCATION: W/ADJ WCR 21 APPROX. 1/2 MILE S WCR 20 ZONING LAND USE N AG N AGRICULTURAL & ASSOCIATED RURAL RESIDENCES E AG E AGRICULTURAL & ASSOCIATED RURAL RESIDENCES S AG S AGRICULTURAL & ASSOCIATED RURAL RESIDENCES W AG W AGRICULTURAL & ASSOCIATED RURAL RESIDENCES COMMENTS: SITE RELATIVELY FLAT NAL,L.. cz zc NO APPARENT ZONING VIOLATIONS NEAT & WELL KEPT , SITE CIRCULATION - GOOD J V ACCESS -ADEQUATE 3 PLANNER: ROBERT ANDERSON INSPECTION DATE: 12/13/02 Hello