HomeMy WebLinkAbout20101340.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1743 FOR A SINGLE FAMILY DWELLING UNIT PER LOT (SECOND HOME
ON THE PROPERTY) IN THE A (AGRICULTURAL) ZONE DISTRICT - LAWRENCE
AND LINDA LOPEZ
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 23rd day
of June, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lawrence and Linda Lopez, 5096 County Road 18, Longmont,
Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit#1743 for a Single Family Dwelling Unit per lot (second home on the property) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
East 100 feet of Block 13, and the west 80 feet of
Block 12, Dream Acres Subdivision; being part of
Section 25, Township 2 North, Range 68 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Tina
DeZonia, 5096 County Road 18, Longmont, Colorado 80504, 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 23-2-230.6 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 primarily residential in nature. The Conditions of
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SPECIAL REVIEW PERMIT#1743 - LAWRENCE AND LINDA LOPEZ
PAGE 2
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 Single Family Dwelling Unit per lot (second home on the
property) in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the south, east, and west are parcels within Dream Acres
Subdivision, and are zoned A (Agricultural) with single family residences
in close proximity. Parcels to the north are rural residences on lots
created through the Recorded Exemption application process. This
general area is an enclave to the Town of Frederick. The Conditions of
Approval and Development Standards will ensure that the proposed use
will be compatible with the area.
d. Section 23-2-230.6.4 -- 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 Cities of Dacono and Longmont, and the Towns of Firestone
and Frederick. The Weld County Department of Planning Services did
not receive a referral response 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. The existing site is within the
County-Wide Road Impact Fee, Capital Expansion Impact Fee, and
Stormwater/Drainage Impact Fee areas. 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 and Stormwater/Drainage Impact Fee programs.
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 subject site is classified as "Other," as delineated on
the "Important Farmlands of Weld County" map, dated 1979. The size of
the parcel is 3.4 acres and the site is currently developed as a residential
property, therefore, it is not conducive to farming.
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g. Section 23-2-230.8.7 — 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 Lawrence and Linda Lopez, for a Site Specific
Development Plan and Use by Special Review Permit #1743 for a Single Family Dwelling Unit
per lot (second home on the property) 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-1743.
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 County Road 18.
2. The applicant shall provide primary and secondary septic system envelopes for
each existing and proposed septic system. A map depicting the location of the
envelopes shall be provided to the Weld County Department of Public Health and
Environment, for review and approval. Once approved, the envelopes shall be
recorded on the final plat. Evidence of approval shall be submitted to the Weld
County 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.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) days from the
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date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall 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 23rd day of June, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD CO(�COLORADO
A., t
ATTEST: ' � ma ".r
-,�ougYas Rademacher, C air
�p4
Weld County Clerk to the[ i:: .1• *0-11/42
,�� ✓ , , r rbara Kirkmeyer, ro-Tem
BYAyL1Lef. Ps4.•��'v�iFi h, ° .
Deputy Clerk:f6 the Board r i'' EXCUSED
Sean P. C ay
7
APP VED RM:
Willi . Garcia
C un y Attorney —
-
David E. Long
Date of signature: a7 D/D
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAWRENCE AND LINDA LOPEZ
USR-1743
1. Site Specific Development Plan and Use by Special Review Permit#1743 is for a Single
Family Dwelling Unit per lot (second home on the property) 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. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
4. 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.
5. 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.
6. 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.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
8. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
9. 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
(Permit SP-0000279 and Permit SE-0900027).
10. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes (Central Weld County Water District).
11. 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.
12. 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.
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
15. 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.
16. Weld County Government personnel 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. 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.
18. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application.
19. All building plans shall be submitted to the Frederick/Firestone Fire Protection District,
for review and approval, prior to the issuance of building permits.
20. 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.
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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