HomeMy WebLinkAbout20011457.tiff r�
i-. INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: EDWARD &JANET SCHMIDT CASE#: USR-1325
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 X
5 Letter to Applicant X
6 Legal Notice X
7 Application X
8 Referrals without Comments, Referral List and Letter X
9 Department of Public Works, referral received 03/23/01. X
10 Department of Health & Environment, referral received 03/30/01 . X
11 Weld County Building Inspection, referral received 03/12/01. X
12 Weld County Code Enforcement, referral received 03/22/01. X
13 Weld County Sheriffs Office, referral received 03/16/01. X
14 Weld County School District RE-7, referral received 03/14/01. X
15 Greeley-Weld County Airport Authority referral received 03/12/01. X
16 City of Greeley, referral received 04/18/01. X •
17 Deed(s)/Certificate of Conveyance X
18 Surrounding Property/Mineral Owners X
19 Soil Survey X
20 Utilities X
21 Exhibits X
Item(s)submitted at Planning Commission:
22 Letter of Support(Axelson) dated 04/17/01 X
I hereby certify that the 4.2 ( 4'34 ) items identified herein(Inventory of Items for Consideration (USR- 1325)
were submitted at or prior to the scheduled Planning Commission Hearing. I further c that these items were
subsequently forwarded to the Weld County Clerk to the Board's Office. 'P.-t---.% -
Robert Anderson P Planner
Schmidt (USR-1325) - 8
2001-1457
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WoC. SPECIAL REVIEW ADMINISTRATIVE REPEVMIT
IEW
COLORADO
Case #: USR-1325 Hearing Date: May 1, 2001
Applicant: Edward & Janet Schmidt Planner: Robert Anderson
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 Ill, 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, 6T"PM,Weld
County, CO
Location: South/Adjacent Weld County Road 58 & West/Adjacent Weld County Road 49.5
Parcel #: 0963 18 200 053 Size of Parcel: 78.8 +/- 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 23-3-230.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.
Schmidt (USR-1325) - 2 EXHIBIT
I a
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.
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, 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)
Schmidt (USR-1325) - 3
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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)
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)
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)
Schmidt (USR-1325) - 4
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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)
Schmidt (USR-1325) - 5
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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 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. (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 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.
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Schmidt (USR-1325) - 6
* 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.
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Schmidt (USR-1325) - 7
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DEPARTMENT OF PLANNING SERVICES
t, PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
WIIDc. 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
March 7, 2001
William Hughes
110010'" St #402
Greeley, CO 80632 -
Subject: USR-1325- Request for a Site Specific Development Plan and Special Review Permit for a
Single Family Dwelling Unit Other than Those Permitted under Weld County Code Chapter 23,
Article III,§23-2-20, in the Agricultural Zone District on a parcel of land described as Lot B of RE-
2090, E2/NW4/NE4/SW4 of Section 18,Township 5 North, Range 64 West of the 6th P.M.,Weld
County, Colorado.
Dear Mr. Hughes:
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 May 1, 2001, 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.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Greeley and Kersey Planning
Commissions for their review and comments. Please call the City of Greeley at 970-350-9780 and the Town
of Kersey at 970-353-1681 for further details regarding the date, time, and place of these meetings. It is
recommended that you and/or a representative be in attendance at the Greeley and Kersey Planning
Commission meetings to answer any questions the Commission members may have with respect to your
application.
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,
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EXHIBIT
Robert Anderson
Planner I 3
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FIELD CHECK
CASE NUMBER: USR-1325 DATE OF INSPECTION: 65 I19 to I
APPLICANT'S NAME: Edward and Janet Schmidt
PLANNER: Robert Anderson
REQUEST: Site Specific Development Plan and Special Review Permit for a Single Family Dwelling Unit
Other than Those Permitted under Weld County Code Chapter 23, Article III, §23-2-20, in the
Agricultural Zone District.
LEGAL DESCRIPTION: Lot B of RE-2090, E2/NW4/NE4/SW4 of Section 18,Township 5 North, Range 64
West of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to WCR 58 and west of and adjacent to WCR 49.5.
LAND USE: N A4 1Caere\ W tank Once
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E G QAZr N Co E •EC-D us cry% P70 N4e
s AG ' ciAltiA4
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ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
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P.C. Member �
EXHIBIT
fettle,
i FIELD CHECK ✓
Vi`DC. Nomomisinai
COLORADO
APPLICANT: EDWARD &JANET SCHMIDT CASE#:USR-1325
LEGAL: LOTB/RE-2090, PT E2/NW4& NE4/SW4, 18-5-64
LOCATION: S/ADJ WCR 58 &W/ADJ WCR49.5
ZONING LAND USE
N AG N AG/RES
E AG E AG/RES
S AG S AG/RES
W AG W AG/RES
COMMENTS:
r SITE -NEAT ORDERLY, NO
APPARENT VIOLATIONS
AIRPORT OVERLAY DISTRICT __I L_
7 7
PLANNER: ,°""'G�- INSPECTION DATE: CS • IS • c'/ .
EXHIBIT
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