HomeMy WebLinkAbout20110179.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1762 FOR ONE (1) SINGLE FAMILY DWELLING UNIT PER LOT, OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY
CODE IN THE A (AGRICULTURAL) ZONE DISTRICT- RANDALL ANDERS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day
of January, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Randall Anders, 8443 U.S. Highway 85, Fort Lupton, Colorado 80621,
for a Site Specific Development Plan and Use by Special Review Permit#1762 for one (1)
Single Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the
Weld County Code in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot A of Recorded Exemption #4864; part of the
E1/2 SE1/4 of Section 19, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Angela Hauer, 38515
County Road 41, Eaton, Colorado 80615, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20.G.2 (A.Policy 7.2) states, "Conversion of agricultural land
to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such
development, and should attempt to be compatible with the region." The
surrounding property is agricultural in nature, and the Conditions of
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SPECIAL REVIEW PERMIT#1762 - RANDALL ANDERS
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Approval and Development Standards will ensure that the proposed use
will be compatible with the area.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.L of the Weld County
Code allows for a Site Specific Development Plan and Use by Special
Review Permit for one (1) Single Family Dwelling Unit per lot, other than
those permitted under Section 23-3-20.A, in the A (Agricultural) Zone
District.
c. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
property to the north, south, and west are agricultural parcels planted in
crops, with single-family residences, and east of the site is
U.S. Highway 85, which provides separation from the City of Fort Lupton.
The Conoco Pipeline Facility and Renewable Fiber are located adjacent
to U.S. Highway 85. There is true separation of the property from
surrounding land uses to the east since U.S. Highway 85 is considerably
elevated in comparison to the natural grade of the property. The
Conditions of Approval and Development Standards will ensure that the
proposed use will be compatible with the area.
d. Section 23-2-230.B.4 -- The uses which will 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
Chapter 22 of the Weld County Code, and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The property is not located within an Intergovernmental
Agreement (IGA) area; however, it does lie within the three-mile referral
area for the City of Fort Lupton. The Weld County Department of
Planning Services did not receive a referral from any municipality. The
Conditions of Approval and Development Standards will ensure that the
use will be compatible with existing land uses.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
August 1, 2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact
Fee Program.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The residence is located adjacent to other built elements
and the remainder of the property is agricultural by use. The subject site
is classified as "Prime," as delineated on the Important Farmlands of
Weld County map, dated 1979. The size of the parcel is 12 acres, more
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SPECIAL REVIEW PERMIT#1762 - RANDALL ANDERS
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or less, the property is currently in agricultural production, and the
location of the new residence does not interfere with the farming
operations.
g. Section 23-2-230.6.7 -- There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. 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 will
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Randall Anders, for a Site Specific Development
Plan and Use by Special Review Permit #1762 for one (1) Single Family Dwelling Unit per lot,
other than those permitted under Section 23-3-20.A of the Weld County Code in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1762.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The future right-of-way for U.S. Highway 85.
2. The applicant shall contact the Colorado Department of Transportation to verify
the access permit adequately addresses the current and proposed future use.
Written evidence of such shall be submitted to the Department of Planning
Services.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit three (3) paper copies of the plat, for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies,
the applicant shall submit a Mylar plat, along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within thirty (30) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
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4. In accordance with Weld County Code Ordinance #2005-7, approved
June 1, 2006, should the plat not be recorded within the required thirty (30) days
from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
6. 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 in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COL RADO
L
ATTEST i ' taiHy
arbara Kirkme
Weld County Clerk to th o. I� '
y
Sean P. ay, Pro-Tem c
BY:
Deputy Clerk to the B• rr�rT1 c W. . m F. Garcia
APP D AS •
David E. Long
unt Attorney t"Y� "'�
Douglas ademacher
Date of signature: �/7
2011-0179
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RANDALL ANDERS
USR#1762
1. A Site Specific Development Plan and Use by Special Review Permit #1762 is for
one (1) Single Family Dwelling Unit per lot, other than those permitted under
Section 23-3-20.A, in the A (Agricultural) Zone District, and is subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal System (I.S.D.S.) Regulations.
8. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes (well permit#283951).
9. The facility shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
10. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
11. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
12. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
13. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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14. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. All
vegetation, other than grasses, shall be maintained at a maximum height of twelve (12)
inches until the area is completely developed.
15. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
16. Building permits are required for each structure which requires permits.
17. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Residential Code, and 2008 National Electrical Code.
18. All building plans shall be submitted to the Fort Lupton Fire Protection District, for review
and approval, prior to the issuance of building permits.
19. Building permits shall be obtained prior to the construction of any building. Buildings
which meet the definition of an Agricultural Exempt Building, per the requirements of
Sections 29-1-20 and 29-3-20.B.13 of the Weld County Code, do not require building
permits; however, a Certificate of Compliance must be filed with the Department of
Planning Services, and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
20. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
21. The Use by 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.
22. 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.
23. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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