HomeMy WebLinkAbout990223.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:
CASE NUMBER: USR-1204 tea'
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APPLICANT: David Miller = _ '_ .
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ADDRESS: 30867 Rocky Road o v
Greeley, CO 80631 ; ' —co
PLANNER: Scott Ballstadt _ ;"1
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REQUEST: A Site Specific Development Plan and a Special Review Permit for an Accessory Structure
with Gross Floor Area larger than 1,500 square feet (2,400 square feet) in Orr Minor
Subdivision in the A(Agricultural) Zone District
LEGAL DESCRIPTION: Lot 3, Orr Minor Subdivision, being part of Section 32, T6N, R66W of the 6th
P.M., Weld County, Colorado P.M.
LOCATION: Approximately 500' south of Weld County Road 64 and approximately 3/4 mile east of Weld
County Road 27
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 --This proposal is consistent with the Weld County Comprehensive Plan's
Urban Growth Boundary Goal and Policy 2. This policy states that land use proposals in
urban growth boundary areas shall be encouraged if they adhere to the intent of the Weld
County Comprehensive Plan and the referral responses received. The proposal is located
within the City of Greeley's Urban Growth Boundary and a referral response received from
the City November 12, 1998 indicated that the proposal is consistent with the City's
comprehensive plan.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. Section 31.4.16 provides for Accessory Buildings with gross floor area larger than
1,500 square feet as a Use by Special Review in the A zone district.
c. Section 24.3.1.3--The proposed uses will be compatible with existing surrounding land uses.
The surrounding land uses include residential acreages within and around Orr Minor
Subdivision, as well as agricultural uses to the north, east and west and the Poudre River to
the south. The applicant has indicated that the use of the structure is personal storage, as
no commercial or industrial uses are taking place on site and Mr. Miller has no employees.
EXHIBIT
990223 ugQ #TaA
RESOLUTION, USR-1204
David Miller
Page 2
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. As stated above, the City of Greeley has indicated that the proposal is
consistent with the City's comprehensive plan. The City did propose two conditions of
approval which are addressed in the attached conditions of approval.
e. Section 24.3.1.5 -- The proposal is located within the City of Greeley's Urban Growth
Boundary area. Also, the extreme southern portion of the property is located within the
floodplain according to FIRM panel #080266 0608, however, the structure has been
constructed on the northern portion of the property which is not in the floodplain. Additionally,
staff has visited the site and verified that the structure has been constructed on the northern
portion of the property. The property is not located within any other Overlay District Areas
identified by maps officially adopted by Weld County.
f. Section 24.3.1.6 --The applicant has demonstrated a diligent effort to conserve productive
agricultural land. This parcel is 3.7 acres in size and is located within a platted subdivision,
Orr Minor Subdivision. No prime farm ground will be taken out of production.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance, as amended), 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. As stated above, the applicant has a signed
petition of surrounding property owners.
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's 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 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. (Planning)
2. Prior to recording the plat:
A. All accesses shall be clearly delineated on the plat. (Planning)
B. The plat shall be amended to adhere to the Special Review Permit Plan Map requirements
stated in Section 24.7.4 of the Weld County Zoning Ordinance, as amended. (Planning)
C. The applicant shall submit a new Affidavit of Interest Owners Minerals and Subsurface Estate
and list of names of such owners. (Planning)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Planning)
390223
RESOLUTION, USR-1204
David Miller
Page 3
Motion seconded by Arlan Marrs.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
Bruce Fitzgerald
Michael Miller
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 1, 1998.
Datedd the 1st of D em er, 1998.
Wait
Wendi Inloes
Secretary
990223
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1204 Miller
1. The Site Specific Development Plan and Special Use Permit is for an Accessory Structure with Gross
Floor Area larger than 1,500 square feet (2,400 square feet) in Orr Minor Subdivision in the A
(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. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning)
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
4. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
6. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as measured
according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
7. The facility shall utilize the existing public water supply (City of Greeley). (Health Dept.)
8. There shall be no employees at this site as stated in the application materials. (Health Dept.)
9. All required inspections shall be conducted upon issuance of building permit and all conditions of the
building permit shall be addressed to the Weld County Building Inspection Department's satisfaction.
(Building Inspection)
10. Should water service be proposed to the accessory structure a separate water tap shall be required.
(City of Greeley)
11. The Accessory Building permitted by Special Review shall not be used on any basis as a dwelling or
as overnight or temporary housing for any person. (Planning)
12. 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. (Planning)
13. 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. (Planning)
14. Personnel from the Weld County Health Department and Weld County Department of 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 hereon and all
applicable Weld County regulations. (Planning)
4
990223
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 Planning Commission 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. (Planning)
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 Weld County Planning Commission. (Planning)
5
990223
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 1, 1998
Page 4
1.
CASE NUMBER' USR-1204'
APPLICANT:Davitf Wier i
PLANNER: Scott Ballstadt
LEGAL DESCRIPTION: Lot 3 of Orr Minor Subdivision; being part of Section 32, T6N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for an accessory
structure larger than 1,500 sq. Ft. (2,400 sq. Ft.) In Orr Subdivision.
LOCATION: Approximately 500'south of Weld County Road 64 and approximately 3/4 mile east of Weld
County Road 27.
Scott Ballstadt, Department of Planning Services, presented case USR-1204. New comments were handed
out to replace preliminary comments. The Department of Planning is recommending approval of the
application along with the Conditions of Approval and Development Standards. Scoff than read the
recommendation into the record.
Bruce Fitzgerald asked Scott at what stage was of completion was the building. Scott stated that is was
complete.
Marie Koolstra asked where leach field is located. David Miller, applicant, stated it was about 60-feet to east
of the building.
Mr. Miller also added that he agreed with Fred Walker and Michael Miller on the previous case, and feels that
a USR for the building is a bit ridiculous.
Arlan Marrs asked Mr. Miller if he was ok with the condition that he was not to have any employees. Mr. Miller
stated he did not have a problem with this condition.
Mike Miller asked Mr. Miller who the contractor was, and why he built the building without a permit. Mr. Miller
explained that they did have a building permit that was issued to him and setbacks were inspected, and it was
after this that he was informed that he needed a USR. Mike asked Scott to explain how Mr. Miller got the
building permit, and than told after the building was started, that they needed the USR. Scott explained that
Planning staff received the information after the issuance of the building permit, and there is some confusion
as to the circumstances surrounding when the building permit was issued, and was notified after the permit
had been issued. Mike asked at what point in the application process would this normally be caught. Scott
explained that he would happen at the building permit stage, when general inquiries on larger structures are
questioned. Mike than added that basically a building permit was issued allowing Mr. Miller to get started, and
then had him come in and pay an additional$1,100 to get the USR. Scott stated this was correct. Mike stated
he did not find this fair, and if any remedies could be done at this point, and that it is unfair to let Mr. Miller get
into building the building and tack on USR fee. Scott explained that the Board of County Commissioners have
agreed upon refunding the USR application fee to the applicant. Mr. Miller stated it has cost$700 to prepare.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked Mr. Miller is he was in agreement with the Conditions of Approval and Development
Standards. Mr. Miller stated he was in agreement.
(.4 EXHIBIT
990223 I C
USR /ao'/
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 1, 1998
Page 5
Fred Walker asked if the Board of County Commissioners have already been involved, then why is the
Planning Commission getting involved, and that it seems they are also wasting their time if something has
already been decided. Fred said he thought the application should not have even been on the agenda.
Lee explained that Scott had not indicated that the Commissioners had made a decision on the merits of the
application, but just dealt with the fee. Fred asked Lee that wasn't it implied that if Mr. Miller was refunded
his money, that they had made a decision. Lee stated he did not believe so.
Stephan Mokray moved that Case USR-1204, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Arlan Marrs seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
Meeting adjourned at 2:20 p.m.
Respectfully submi ed
Wendi Inloes
Secretary
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