HomeMy WebLinkAbout20012528.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan 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:
Planner: S Lockman
Case Number: USR-1345
Applicant: Kaye Montera and Seth Ward Address: 34283 WCR 33
Greeley, Colorado
Request: A Site Specific Development Plan and a Special Review Permit for one single-family
dwelling unit per lot other than those permitted under section 23-3-20.A of the Weld County
Code in the A(Agricultural)Zone District.
Legal Description: Pt. NW4 and N2 SW4 Section 3, T6N, R67W of the 6th P.M., Weld County,
Colorado
Location: East of&adjacent to Weld County Road 19; 1/4 mile south of Weld County Road 74
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 ordinances in effect.Section 22-2-60.A.1 (A.Goal 1)promotes
the preservation of prime farmland for agricultural purposes which foster the economic
health and continuance of agriculture.The proposal does not effect the productivity of site.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.L of the Weld County Code provides for one single-family
dwelling unit per lot other than those permitted under section 23-3-20.A of the Weld County
Code as a Use by Special Review in the A(Agricultural)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Surrounding properties to the east, south and west are agricultural
in nature.Windsor Reservoir recreation facility lies to the north.The proposal should have
little, if any, negative impact to the surrounding properties.
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 Chapter22 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 the three mile referral area of the towns of Windsor and
Severance.The Town of Severance indicated no conflicts with their interests.The Town of
Windsor did not respond to the referral request.
g EXHIBIT
2001-2528 -- -
RESOLUTION, USR-1345
Kay Montera & Seth Ward
Page 2
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. Effective December 1, 1999, Building Permits issued on the lot will be required to
adhere to the fee structure of the Windsor 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 site is designated as
"Prime"by the USDA Soil Conservation Service and Colorado State University Cooperative
Extension Service. The proposed building site is located in close proximity to the existing
single family residence at the highest point on the property. This location has historically
occupied the development on the lot and will have little if any effect on the agricultural
production of the site.
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 Commissions 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 amended to delineate the following:
1) Weld County Road 19 is designated on the Windsor Study Area Capacity
Improvement Needs as a collector status road,which requires 80 feet of right-of-
way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet
from the centerline of Weld County Road 19 shall be delineated on the plat as right-
of-way reservation for future expansion of Weld County Road 19. This road is
maintained by Weld County. (Department of Public Works)
B. The applicant shall submit evidence that the existing water tap is permitted to service both
homes or that a second water tap has been purchased. (Department of Planning Services)
3. The Special Review activity shall not occur until the Special Review plat is ready to be recorded in
the office of the Weld County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Bryant Gimlin .
RESOLUTION, USR-1345
Kay Montera & Seth Ward
Page 3
VOTE:
For Passage Against Passage
Cristie Nicklas
Michael Miller
Bryant Gimlin
John Folsom
Fred Walker
Stephen Mokray
Cathy Clamp
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 August 7, 2001.
Dated the 7th of August, 2001.
Voneen Macklin
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KAYE MONTERA AND SETH WARD
USR-1345
1. The Site Specific Development Plan and Special Use Permit is for one single-family dwelling unit
per lot other than those permitted under section 23-3-20.A of the Weld County Code 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.) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
4. 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)
5. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
6. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
7. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
8. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner, pursuant to Section 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof. (Department of Public Health and Environment)
9. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Windsor Service Area Road Impact Program. (Department of Planning Services)
10. The property owner shall utilize the existing residential access to this parcel.No new accesses shall
be granted. (Department of Public Works)
11. The off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt,
concrete,or equivalent, and shall be graded to prevent drainage problems. (Department of Public
Works)
12. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
13. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
14. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
RESOLUTION, USR-1345
Kay Montera &Seth Ward
Page 2
15. 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.
16. 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.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 3
Monica Mika,Department of Planning Services,per the request of the applicant on August 6,2001,requested
that Case USR-1344, be continued to the October 16, 2001 hearing date. Ms. Mika added that the
Department of Planning is ready to go forward with the case today if the Commission choose to do so.
David Lamb,applicant stated that they are requesting the continuance to address Planning Staff comments,
and to wait and see how the annexation process proceeds with the Town of Mead.
Michael Miller asked what the annexation status was at this point. Mr. Lamb explained that they still need to
meet with the trustees before going to a vote.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance.
Jim Graziano,asked for clarification on the annexation with Mead and if it was going to a vote and when,and
would like to see a further continuance beyond the date of the annexation vote.
Kent Harris,asked to be provided comments regarding the continuance from Planning staff. Monica Mika said
that the case would be available to look at along with and referral comments anytime after the hearing.
David Lamb added that they would like more time to address comments,and that the Mead vote he believes
is October 2nd, and will have more information after this time.
Cathy Clamp asked if Mead does annex,would the case go away. Monica Mika said that Weld County would
no longer have jurisdiction over the case, but with the Intergovernmental Agreement in place, Weld County
would still be able to comment through the referral process.
Michael Miller asked when Mr. Lamb received staff comments. Mr. Lamb said he could not read the date of
the fax, but believes it was about a week ago.
Fred Walker suggested continuing the case even further until the applicant decides where they are going.
Lee Morrison,Assistant County Attorney, asked Mr. Lamb about the October 2n°vote. David Lamb said that
this is a special election of the Town of Mead. Mr.Morrison just wanted to make sure there was enough time
in between the vote and the hearing. Mr. Lamb added that he believed the trustee vote is August 13.
Stephan Mokray moved that Case USR-1344, be continued to the October 16, 2001, hearing date. Cathy
Clamp seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Stephan Mokray,yes; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes; Michael Miller,
yes. Motion carried.
Monica Mika addressed the concern of surrounding property owner notification,and the confusion is that the
site is comprised of two parcels.
— CASE NUMBER: USR-1345
APPLICANT: Kaye Montera &Seth Ward
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Pt. NW4 and N2 SW4 Sect.3,T6N, R67W of the 6th P.M.,Weld County, Colorado.
REQUEST:A Site Specific Development Plan and a Special Review Permit for one single-family dwelling unit
per lot other than those permitted under section 23-3-20.A of the Weld County Code in the A(Agricultural)
Zone District.
LOCATION: East of and adjacent to WCR 19, 1/4 mile south of WCR 74.
(I. EXHIBIT
C
USC #1345
Summary of Weld County Planning Commission Meeting
Tuesday,August 7, 2001
Page 4
Sheri Lockman,Department of Planning Services presented Case USR-1345,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
John Folsom asked if there is an existing house on the property and if they are also asking to build a second
house plus a cabana. Sheri Lockman explained that there is currently a new home being built,and that the
cabana will be the second home.
Michael Miller said he was on the site and it appeared the cabana is already being built. Ms. Lockman
explained that it is being built as they had asked for early release of building permits,and when an applicant
requests this, they are told they are building at their own risk.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cathy Clamp asked how much use of this cabana house is anticipated. Bob Michels, representative of the
applicant,explained that the anticipated use will be used in the summer months to have a covered area for
family guest and visitors, on holidays, and special occasions, and is not anticipated to be a daily or even
weekly use.
John Folsom asked Char Davis of Environmental Health about the capacity of the septic system. Ms. Davis
said the septic permit is adequate for both the house and cabana.
Stephan Mokray moved that Case USR-1345,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Stephan Mokray,yes; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes;Michael Miller,
yes. Motion carried unanimously.
CASE NUMBER: USR-1348
APPLICANT: Rhonda & Chuck Abfalter
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of NE4,Sec. 16,T1 N, R68W, (Lot 12)of the 6th P.M.,Weld County, Colorado.
REQUEST: Special Use Permit for a stable/indoor arena that exceeds the 4% lot coverage requirement for
accessory structures for a use allowed by right(Animal training and boarding facilities)in the A(Agricultural)
Zone District on lots in an approved and recorded subdivision or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions of less than 10 acres for the property described below.
LOCATION: Approximately 630 feet south of WCR 10, approximately 1,000 feet east of WCR 7.
Chris Gathman, Department of Planning Services,presented Case USR-1348, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Cathy Clamp asked about the letter from the applicant regarding the oil and gas setbacks, and if this is
sufficient or if they need something more from the oil company. Chris Gathman said that they will need
additional information.
Lee Morrison,Assistant County Attorney, said that we will need some type of agreement from the oil and gas
company, so that no issues come up after the structure is built.
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