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Home My WebLink About20011456.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by BryantGimlin 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: Robert Anderson CASE NUMBER: USR-1325 APPLICANT: Edward &Janet Schmidt ADDRESS: 24430 WCR 58, Greeley, CO 80631 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: Lot B/RE-2090, PT E2/ NW4, PT NE4/SW4, SEC 18, T5N, R64W, 6TH P. M., Weld County, CO LOCATION: South/Adjacent Weld County Road 58 & West/Adjacent Weld County Road 49.5 The Planning Commission 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 23-3-230.A.1 --The proposed use is consistent with the Weld County Code. A. Goal 1 states,"Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture". The U.S.D.A. soils maps indicate that the soils on this property are designated "Prime". 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 provide a building site for family members to live while providing part-time assistance to the farming operation. B. Section 23-3-230.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 provide a building site for family members to live while providing part-time assistance to the farming operation. C. Section 23-3-230.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. A rural agricultural residence is in keeping with the surrounding property uses. 2001-1456 RESOLUTION - USR 1325 Edward and Janet Schmidt Page 2 D. Section 23-3-230.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 Town of Kersey which found no conflict with the proposed Use by Special Review. A rural agricultural residence is in keeping with the potential future surrounding property uses. E. Section 23-3-230.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 lies within the Airport Overlay District.A referral received 03/12/01 from the Greeley-Weld County Airport Board Authority found no conflict with the proposed use. F. Section 23-3-230.A.6 --If the use is proposed to be located in the A-District, that the applicant has demonstrated a diligent effort has been made 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 applicant is proposing a relatively small Building Envelope with appropriate and adequate access. G. Section 23-3-230.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, tees 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 Weld County Board of County Commissioners. (Dept. of Planning Services) 2. Prior to recording the plat: A. In accordance with Chapter 8, Article II of the Weld County Code, the proposed new residence shall be granted one residential access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. The road shall be graded and drained to provide all weather access.Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. (Dept. of Public Works) B. The existing residence shall use the existing residential access point as no additional accesses shall be granted. (Dept. of Public Works) t^ C. The Farming Operation shall use the existing agricultural/oil and gas/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. (Dept. of Public Works) RESOLUTION - USR 1325 Edward and Janet Schmidt Page 3 D. The applicant shall attempt to address the requirements of Weld County School District RE- 7 as stated in the referral response received 03/14/01. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County School District RE-7) E. The applicant shall attempt to address the requirements of Weld County Sheriffs Office as stated in the referral response received 03/16/01. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.(Weld County Sheriffs Office) 3. The plat shall be amended to include the following: A. The Weld County Department of Planning Services approves the applicant's proposed Building Envelope (320' X 520') located 1,350 feet south of Weld County Road 58 and adjacent to Weld County Road 49.5 right-of-way.The Building Envelope shall be delineated on the plat. (Dept. of Planning Services) B. Weld County Road 49.5 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 49.5 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Dept. of Public Works) C. 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 Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. (Dept. of Public Works) D. The applicant shall delineate a septic system replacement envelope on the plat. (Dept. of Public Health and Environment) 4. Prior to the issuance of Building Permits: A. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. Water Service shall be obtained from Central Weld County Water District. (Dept. of Public Health and Environment) �.. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Edward &Janet Schmidt USR-1325 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 P,Ianning 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. (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) evia 7. The existing homes shall use the existing septic system and new construction shall obtain a Weld County septic permit for the proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)regulations.(Dept.of Public Health and Environment) 8. The existing home shall use the existing private well and the proposed new construction shall use Central Weld County Water. (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) 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 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. 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. be recommended favorably to the Board of County Commissioners for the following reasons: Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Cristie Nicklas Fred Walker Arlan Marrs Michael Miller John Folsom Cathy Clamp Bryant Gimlin Jack Epple Stephen Mokray 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,Vicki Hamilton,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 May 1, 2001. Dated t 5' f May , 001. app e 1 �A-- Vicki Hami ton Secretary Hello