HomeMy WebLinkAbout20010140 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin 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-1307
APPLICANT: Bradley &Teresa Kramer
ADDRESS: 660 South McKinley Avenue
Fort Lupton, Colorado 80621
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Accessory Building
(Garage)with a gross floor area larger than four percent (4%) of the total Lot area in an
approved or recorded subdivision.
LEGAL DESCRIPTION: Lot 19, Peaceful Acres Subdivision, being a part of Section 7,Township 1
North, Range 66 West of the 6'"Prime Meridian, County of Weld, State of
Colorado.
LOCATION: 660 South McKinley, Fort Lupton, Colorado 80621
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as amended, 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"Urban"and"Urban Build up"lands,as well as the size
of the parcel and its location make it undesirable for agricultural purposes. 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 R-2 (Duplex
Residential)Zone District.Section 32.3.4.1 of the Weld County Zoning Ordinance provides
for an Accessory Building with a gross floor area larger than four percent(4%) of the total
Lot area in an approved or recorded subdivision in the R-2 (Duplex Residential) Zone
District, subject to a Use by Special Review Permit and the requirement of Section 45.6 of
the Weld County Zoning Ordinance.
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 semi-rural 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.
2001-0140
RESOLUTION, USR-1307
Brad and Teresa Kramer
Page 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 located within the referral boundary area of the municipalities of
Fort Lupton, Colorado. Referral responses from this municipality indicate no conflict with
the Town's interests.
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 District.
f. Section 24.3.1.6--If the use is proposed to be located in the R-2(Duplex Residential)Zone
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 "Urban"and"Urban Build up" designated
lands.
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 Planning Commission recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Use by Special Review Permit shall be adopted and
placed on the Use by Special Review Plat prior to recording the Plat. The completed Plat shall be
delivered to the 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.
(Dept. of Planning Services)
2. The Use by Special Review Activity shall not occur nor shall any building or electrical permits be
issued on the property until the Use by Special Review Plat is ready to be recorded (Early Release
of Building Permits require the Director of Planning Service's Authorization)or has been recorded
in the Office of the Weld County Clerk and Recorder. (Dept. of Planning Services)
3. The plat shall be amended to show the allowed setback at 14'from the public right-of-way off Peyton
Lane.
Motion seconded by Stephen Mokray.
RESOLUTION, USR-1307
Brad and Teresa Kramer
Page 3
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Michael Miller
Fred Walker Bryant Gimlin
Arlan Marrs
John Folsom
Jack Epple
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, Trisha Swanson, 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 December 19, 2000.
Dated the 19`"of December, 2000.
eTh
1
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Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bradley and Teresa Kramer, USR-1307
1. This is an application for a Site Specific Development Plan and a Use by Special Review Permit for
an Accessory Building with a gross floor area larger than four percent(4%)of the total Lot area in
an approved or recorded subdivision, 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, as amended. (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 septic system located on the property shall have an appropriate permit from the Weld County
Department of Public Health&Environment. The Environmental Health Division of the Weld County
Department of Public Health & Environment was unable to locate a septic permit for the septic
system located on the property. Any existing septic system(s) which is not currently permitted
through the Weld County Department of Public Health & Environment will require an I.S.D.S.
Evaluation prior to the issuance of the required septic permit(s). In the event the system(s)is found
to be inadequate,the system(s)must be brought into compliance with current I.S.D.S. regulations.
(Dept. of Public Health and Environment)
8. 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)
9. The facility shall utilize the existing private well. (Dept. of Public Health and Environment)
10. There shall be no staging or parking of unlicensed vehicles on the County Right-of-Way. (Dept. of
Public Works)
11. The applicant shall indicate on the Plat the direction that the garage doors will be located and any
approach type gravel and concrete slabs to the driveway. (Dept. of Public Works)
12. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Dept. of Planning Services, Dept. of Building Inspection)
13. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance, as amended.
14. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended.
15. Personnel from the Weld County Department of Public Health and Environment and Weld County
Planning Department 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.
16. 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 Use
by Special Review by the Weld County Planning Commission and Board of County Commissioners
before such changes from the submitted plans or Development Standards are permitted. Any other
changes shall be filed in the office of the Department of Planning Services.
17. 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 Use by Special Review Permit by the Board of County
Commissioners.
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