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Home My WebLink About20080367.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1635 FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, ON A LOT PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT-OPAL ELAINE STUART AND LARRY SPEER 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 20th day of February, 2008, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Opal Elaine Stuart and Larry Speer, 15163 Barley Avenue, P.O. Box 583, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit#1635 for Accessory Buildings with gross floor area larger than four percent(4%)of the total lot area, on a lot part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District, on the following described real estate, being more particularly described as follows: Lot 7, Block 66, Aristocrat Ranchettes Subdivision, Second Filing; being part of the SW 1/4 of Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present at said hearing, 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 ordinances in effect. Section 22-2-60.A.1 (A.Policy 1.1) states, "Agricultural zoning will be established and maintained to protect and promote the County's agricultural industry. Agricultural zoning is intended to preserve prime agricultural land and to provide areas for agricultural activities and uses dependent upon 2008-0367 PL1392 SPECIAL REVIEW PERMIT #1635 - OPAL ELAINE STUART AND LARRY SPEER PAGE 2 agriculture without the interference of incompatible residential, commercial, and industrial land uses." The proposal will allow for a building, on previously subdivided property not under agricultural production, for hay storage for the four horses allowed as a Use by Right. b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-30 of the Weld County Code provides for accessory buildings exceeding four percent(4%)of the total lot area on lots in an approved or recorded subdivision plat, or lots part of a map or plan filed prior to the adoption of any regulations, as a Use by Special Review in the A (Agricultural) Zone District. c. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Uses in the area consist of single family residences with outbuildings and livestock. 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 City of Fort Lupton, in the referral received November 6, 2007, stated the proposal does not conflict with its interests. e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V, of the Weld County Code. The proposal is not located within any overlay districts. f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposal is located on "Prime if irrigated" agricultural land; however, the size of the lot(1.16 acres) limits the viability of the property for agricultural production. The proposed use (storage for hay) is an agricultural related use. g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld County Code),Operation Standards(Section 23-2-250,Weld County Code), Conditions of Approval, and Development Standards 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 Opal Elaine Stuart and Larry Speer for a Site Specific Development Plan and Use by Special Review Permit #1635 for Accessory Buildings with gross floor area larger than four percent(4%)of the total lot area, on a lot part of a map or plan filed prior 2008-0367 PL1392 SPECIAL REVIEW PERMIT#1635 - OPAL ELAINE STUART AND LARRY SPEER PAGE 3 to adoption of any regulations controlling subdivisions 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 attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by 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 office of the Weld County Clerk and Recorder, within 30 days of approval by the Board of County Commissioners. 2. The applicant shall justify, in writing, the need for the second access to the parcel. Written evidence of approval from the Weld County Department of Public Works shall be submitted to the Weld County Department of Planning Services. 3. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The plat shall be labeled USR-1635. B. The applicant shall address the requirements and concerns of the Weld County Department of Public Health and Environment, as stated in the referral response dated November 16, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. The applicant shall address the requirements and concerns of the Weld County Department of Public Works, as stated in the referral response received November 16, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. D. The applicant shall attempt to address the requirements and concerns of the Weld County Sheriff's Office, as stated in the referral response dated November 9, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. E. The applicant shall address the requirements and concerns of the Weld County Department of Building Inspection,as stated in the referral response received November 14, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. F. The applicant shall submit a Non-Conforming Structure application, which shall subsequently be approved by the Weld County Department of Planning Services. 4. Prior to Operation: A. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land 2008-0367 PL1392 SPECIAL REVIEW PERMIT #1635 - OPAL ELAINE STUART AND LARRY SPEER PAGE 4 disturbance is greater than, or equal to, one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment, at www.cdphe.state.co.us/wq/PermitsUnit, if they are required to obtain a Stormwater Discharge Permit. Alternately, the applicant may provide evidence from the WQCD that they are not subject to these requirements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of February, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 9 Ji:A/'I, Jerke, Chair Weld County Clerk to the Boar. isel `! ': "`•� BY: CalW- D as en 'ro-Tem Deput/Clerk to the Boards t - Wil • F. Garcia APP' • - ' AS • • ' r : Coe David E. Long bounty A orney ougla Rademach doDate of signature: 2008-0367 PL1392 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS OPAL ELAINE STUART AND LARRY SPEER USR #1635 1. A Site Specific Development Plan and Use by Special Use Permit #1635 is for ACCESSORY BUILDINGS (building for hay storage) with GROSS FLOOR AREA larger than four percent (4%) of the total lot area, as detailed in Section 23-3-30 of the Weld County Code, per BUILDING on LOTS in an approved or recorded subdivision plat (Aristocrat Ranchettes Subdivision Second Filling)or LOTS part of a map or plan filed prior to adoption of an regulations controlling subdivision in the A (Agricultural) Zone District. 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 that 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 that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan at all times. 7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District, as delineated in Section 25-12-103, C.R.S. 8. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 9. The facility shall utilize the existing public water supply (Aristocrat Ranchette Water Project, Inc.). 10. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 11. 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 Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code, 2005 National Electrical Code, and Chapter 29 of the Weld County Code. 12. The building has been classified as an S-1 (Storage) occupancy. 2008-0367 PL1392 DEVELOPMENT STANDARDS - OPAL ELAINE STUART AND LARRY SPEER (USR #1635) PAGE 2 13. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code, in order to determine compliance with offset and setback requirements. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 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. 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. 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. 2008-0367 PL1392 Hello