HomeMy WebLinkAbout990224.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant David Miller Case Number USR-1204
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Comments (5 pages) X
3 Letter to applicant X
4 Legals (2 pages) X
5 Application (8 pages) X
6 Referral list and form (2 pages) X
7 Union Colony Fire/Rescue Authority referral 11/10/98 X
8 Weld County Public Works referral 11/16/98 (3 pages) X
9 Weld County Health Department referral 11/3/98 X
10 Weld County Building Inspection Dept. referral 10/20/98 X
11 City of Greeley referral 11/12/98 (5 pages) X
12 Maps (2 pages) X
13 Surrounding Property Owners (5 pages) X
14 Deed (13 pages) X
15 Soil Survey (3 pages) X
I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
Scott Ballstadt • Planner ii
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APPLICATION
SUMMARY SHEET
COLORADO
Case Number. USR-1204 Hearing Date: 12/1/98
Applicant: David Miller
Address: 30867 Rocky Road
Greeley, CO 80631
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 (Z400 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
Size of Parcel: 3.7 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 Public Works Department 11/16/98
• Weld County Health Department 11/3/98
• Weld County Building Inspection 10/20/98
• City of Greeley 11/12/98
• Union Colony Fire/Rescue Authority 11/10/98
useM990224
(I t SPECIAL REVIEW PERMIT
wine ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Scott Ballstadt
CASE NUMBER: USR-1204 HEARING DATE: 12/1/98
APPLICANT: David Miller
ADDRESS: 30867 Rocky Road
Greeley, CO 80631
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
SIZE OF PARCEL: 3.7 Acres
PARCEL NUMBER: 0805 32 001003
THE 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, as amended.
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 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.
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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.
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.
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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 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)
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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)
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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)
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•
Kit isHes... , DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)TIVE352-6312FILES
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
k
COLORADO
October 20, 1998
David Miller
30867 Rocky Road
Greeley, CO 80631
Subject: USR-1204- Request for a 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 on a parcel of
land described as Lot 3 of Orr Minor Subdivision; being part of Section 32, T6N, R66W of the 6th
P.M., Weld County, Colorado.
Dear Mr. Miller
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 December 1, 1998, at 1:30 p.m. This meeting will
take place in Room 104, Weld County Centennial Center, 915 10th Street, 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 Planning Commission
for its review and comments. Please call City of Greeley at 970-350-9780 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance
at the Greeley Planning Commission meeting to answer any questions the Commission members may have
with respect to your applicat;m.
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,
Cbirallstadt
Planner II
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pc: Joseph Engels 990224 3
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