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Home My WebLink About20003112.tiff INVENTORY OF ITEMS FOR CONSIDERATION APPLICANT: BRADLEY & HEIDI WINDELL CASE#: USR-1297 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Department of Planning Services' Staff Comments X 3 Department of Planning Services' Field Check X 4 Planning Commissioners' Field Check 5 Letter to Applicant X 6 Legal Notice X 7 Application X 8 Referrals with Comments X 9 Department of Public Works, referral received 10-30-00. X 10 Department of Health & Environment, referral received 10-31-00 . X 11 Weld County Building Inspection, referral received 11-03-00. X 12 Weld County Code Enforcement, referral received 11-01-00. X 13 Referrals without Comments, Referral List and Letter X 14 Deed(s)/Certificate of Conveyance X 15 Surrounding Property/Mineral Owners X 16 Soil Survey X 17 Utilities X Item(s) submitted at Planning Commission: 18 Surrounding Property Owners' Letters of Concern/Protest X I hereby certify that the_18_( IiR ) items identified herein (Inventory of Items for Consideration - Case# USR-1297)were submitted at or prior to the scheduled Planning Commission Hearing. I further ce at these items were subsequently forwarded to the Weld County Clerk to the Board's Office. eteris 1 Robert Anderson :• Planner I. EXHIBIT R 4297 2000-3112 itst WIlDC_ LAND USE APPLICATION SUMMARY SHEET COLORADO Case #: USR-1297 Hearing Date: November 21, 2000 Applicant: Bradley & Heidi Windell Planner: Robert Anderson 11044 WCR 22.5 Fort Lupton, CO 80621 Request: A Site Specific Development Plan and a Special Review Permit for a Single Family Dwelling Unit, Other than Those Permitted under Section 31.2.1, in the Agricultural Zone District Legal: Parcel 1A/Lupton Meadows Subdivision 1A, PT/S2, SEC 12,T2N, R67W, 6T"PM., Weld County, CO Location: South/Adjacent Weld County Road 22.5 & .5 Miles West Weld County Road 25 Parcel #: 1311 12 000 025 Size of Parcel: 45.00 +/- Acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Works, referral received 10-30-00. • Weld County Department of Public Health and Environment, referral received 10-31-00. • Weld County Department of Building Inspection, referral received 11-3-00. • Weld County Code Compliance, referral received 11-1-00. • Weld County Sheriffs Office no referral received . • Colorado Division of Wildlife, referral received 10-11-00. • Colorado Division of Water Resources, referral received 10-19-00. • Platte Valley Soil Conservation District, referral received 10-26-00. • Fort Lupton Fire Department, referral received 10-12-00. -1- !WI 46tari WineSPECIAL REVIEW PERMIT COLORADO ADMINISTRATIVE REVIEW Case #: USR-1297 Hearing Date: November 21, 2000 Applicant: Bradley & Heidi Windell Planner: Robert Anderson 11044 WCR 22.5 Fort Lupton, CO 80621 Request: A Site Specific Development Plan and a Special Review Permit for a Single Family Dwelling Unit, Other than Those Permitted under Section 31.2.1, in the Agricultural Zone District Legal: Parcels 1A/Lupton Meadows Subdivision 1A, PT/S2, SEC 12, T2N, R67W, 6TH PM., Weld County, CO Location: South/Adjacent Weld County Road 22.5 & .5 Miles West Weld County Road 25 Parcel #: 1311 12 000 025 Size of Parcel: 45.00 +/- 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 Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: a. Section 24.3.1.1 -The proposed use is consistent with the Weld County Comprehensive Plan. 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"Irrigated Not Prime" land. The Conditions of Approval and Development Standards ensure that this proposal is consistent with the Weld County Comprehensive Plan. b. Section 24.3.1.2 --The proposed use is consistent with the intent of Agricultural Zone District. Sections 31.2.1 and 31.4.13 of the Weld County Zoning Ordinance provides for Multiple Family or Auxiliary Dwellings in the Agricultural Zone District, subject to a Use by Special Review Permit. c. Section 24.3.1.3 --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 projected uses will remain compatible with the existing surrounding land uses. -2- d. Section 24.3.1.4--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 not located within the referral boundary area of any incorporated or unincorporated municipalities. e. Section 24.3.1.5 --The application complies with the Weld County Zoning Ordinance, Section 50, 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 within any Overlay Districts. f. Section 24.3.1.6 --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 "Irrigated Not Prime" land. g. Section 24.3.1.7---The Design Standards(Section 24.5 of the Weld County Zoning Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance), 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 recording the plats for the required Recorded Exemption and Subdivision Exemption by the Department of Planning Services. (Dept. of Planning) 2. Prior to recording the plat: A. The applicant shall improve the Eastern Access Road, with the addition of gravel and grade to provide all-weather access to the parcel. (Department of Planning Services and Dept. of Public Works) B. The plat shall be amended to include the following: 1) Weld County Roads 22.5 and 25 are designated on the Transportation Plan Map as local gravel roads, which require 60 feet of right-of-way at full build -3- out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Roads 22.5 and 25 shall be delineated on the plat These roads are maintained by Weld County. (Dept. of Public Works) 2) The Landscape and Screening plan, to include type of screening material, as well as a planting and maintenance schedule for the site. (Dept. of Planning Services) C. The following notes shall be placed on the Plat: 1) 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 Weld County Zoning Ordinance, Section 61.3. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) 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 Ordinance 169A. 4) The applicant shall recognize Weld County's Right-to-Farm at all times. Weld County's Right-to-Farm statement as it appears in the October 31, 2000 Weld County Comprehensive Plan shall be placed on the Plat. -4- SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Bradley and Heidi WINDELL, USR-1297 1. A Site Specific Development Plan and a Special Review Permit for a Single Family Dwelling Unit, Other than Those Permitted under Section 31.2.1, in the Agricultural Zone District, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Dept. of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. (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., as amended) 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., as amended. (Dept. of Public Health and Environment) 7. The existing homes shall use the existing septic systems. (Dept. of Public Health and Environment) 8. The existing homes shall use the existing private wells. (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. 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. 11. 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 -5- 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. 12. 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. -6- DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 W 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 October 4, 2000 Bradley Windell 11044 WCR 22-1/2 Ft. Lupton, CO 80621 Subject: USR-1297- Request for a Site Specific Development Plan and Use by Special Review Permit for Multi-Family Dwellings for persons customarily employed at or engaged in Farming, Ranching, or Gardening in the Agricultural Zone District on a parcel of land described as Parcels 1A and B; Lupton Meadows Subdivision; being part of the S2 of Section 12, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Mr. Windell: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for November 21, 2000, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Robert Anderson Planner EXHIBIT 15 .54 letit ♦e 1.\ n _ 7 . 1 V wg�p 1 FIELD CHECK CASE NUMBER: USR-1297 DATE OF INSPECTION: APPLICANT'S NAME: Bradley and Heidi Windell PLANNER: Robert Anderson REQUEST: Site Specific Development Plan and Use by Special Review Permit for Multi-Family Dwellings for persons customarily employed at or engaged in Farming, Ranching, or Gardening in the Agricultural Zone District. LEGAL DESCRIPTION: Parcels 1A and B; Lupton Meadows Subdivision; being part of the S2 of Section 12, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to WCR 22.5; '/2 mile west of WCR 25. LAND USE: N E S W ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: P.C. Member EMIR FIELD CHECK willC,„,, ,i :, ,,,.,, ��inI�I��1ui ,IiFIilllr .Iu �,i1Ali COLORADO APPLICANT: WINDELL, BRADLEY & HEIDI CASE#: USR-1297 LEGAL: PARCEL 1A, PT/SW2, SEC 12, T2N, R67W, 6'" pm., WELD COUNTY, CO LOCATION: SOUTH/ADJ WCR 22.5 '/2& MILE WEST WCR 25 ZONING LAND USE N AG N AG/RES E AG E SOUTH PLATTE RIVER S AG S AG/RES W AG W AG/RES COMMENTS: NO APPARENT VIOLATIONS IMPROVEMENTS SITED ON HILL OVERLOOKING RIVER VALLEY PLANNER: l L INSPECTION DATE: 10-04-00 Robert Anderson EXHIBIT 1 3 • ,44 • .1.`• 1 • //l/: 6'! Hello