HomeMy WebLinkAbout20060028.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1510 FOR A SINGLE FAMILY DWELLING UNIT (OTHER THAN THOSE
PERMITTED BY SECTION 23-2-20.A OF THE WELD COUNTY CODE) IN THE
A(AGRICULTURAL) ZONE DISTRICT - ALVIN AND GAIL BRAND, JR.
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 25th day of
January, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Alvin and Gail Brand, Jr., 3251 Weld County Road 21, Fort Lupton, Colorado
80521,fora Site Specific Development Plan and Use by Special Review Permit#1510 for a Single
Family Dwelling Unit(other than those permitted by Section 23-2-20.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 B of Recorded Exemption#2505;being part of the
S1/2 N1/2 SE1/4 of Section 15, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Robert Tibbles, Attorney, 6444 South
Quebec Street#302, Englewood, Colorado 80111, 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 recommendations 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 23-2-230.8 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 22-2-60
(A.Goal 4)states, "Conversion of agricultural land to nonurban residential,
commercial,and industrial uses will be accommodated when the subject site
is in an area that can support such development. Such development shall
attempt to be compatible with the region." Application materials indicate that
the site can support the proposed use. The Conditions of Approval and
Development Standards will ensure that the use will be compatible with the
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SPECIAL REVIEW PERMIT#1510 -ALVIN AND GAIL BRAND, JR.
PAGE 2
region. A violation was initiated due to the utilization of a second home on
one parcel. This violation was presented to the Board of County
Commissioners on September 10, 2002. At that time, the Board of County
Commissioners referred the case to the County Attorney's Office;however,
they delayed legal action for 120 days to allow Mr. Brand adequate time to
complete and submit a Recorded Exemption application. The Recorded
Exemption application was withdrawn at the Board of County
Commissioners hearing on February 18, 2004.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.L of the Weld County Code
provides for a Single Family Dwelling Unit (other than those permitted by
Section 23-3-20.A of the Weld County Code) 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 properties to the
north, south, east and west are agricultural in nature. No correspondence
has been received from the surrounding property owners regarding this
application. The Conditions of Approval and Development Standards will
ensure compatibility with adjacent properties.
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 site is
located within the Intergovernmental Agreement Area for the City of Dacono.
The City of Dacono returned the Notice of Inquiry, stating that this property
is not eligible for annexation. The subject property also lies within the
three-mile referral area for the Cities of Dacono and Fort Lupton, and the
Town of Frederick. The City of Dacono and the Town of Frederick reviewed
the request and found no conflicts with their interests. The Department of
Planning Services has not received a referral response from the City of Fort
Lupton.
e. Section 23-2-230.6.5--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 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 homes are located close together adjacent to Weld County
Road 21. The remaining property is currently being farmed, in accordance
with Section 22-2-60.1 of the Weld County Code.
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SPECIAL REVIEW PERMIT#1510 -ALVIN AND GAIL BRAND, JR.
PAGE 3
g. Section 23-2-230.B.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 Alvin and Gail Brand, Jr.for a Site Specific Development
Plan and Use by Special Review Permit#1510 for a Single Family Dwelling Unit(other than those
permitted by Section 23-2-20.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. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1510.
B. The plat shall meet all requirements as listed in Section 23-2-260.D of the
Weld County Code.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 21 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 21 shall be delineated on the plat as right-of-way. This road is
maintained by Weld County.
3) The two homes shall use the existing residential access point,as no
additional accesses shall be granted.
4) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
D. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, 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
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SPECIAL REVIEW PERMIT#1510 - ALVIN AND GAIL BRAND, JR.
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date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. 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 date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3) month period.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
5. 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 25th day of January, A.D., 2006.
��..` BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
-7
ATTEST: ,`��� /
( eeile, chair
Weld County Clerk to the -
jDavid E. Long, Pro-Tem
BY: ,6h"14-Gl \Ltd ��y.'
D uty Clerk to the Bo drid VI,,, %VA, --q
William H. Jerke^
ARPR0 AS TO F # �,P„ . �'
Robert D. Masden
i /�-2
unty Attorney � �Q
4.-a_
Glenn Vaad1
Date of signature: 112-10(c
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALVIN AND GAIL BRAND, JR.
USR#1510
1. A Site Specific Development Plan and Use by Special Review Permit#1510 for a Single
Family Dwelling Unit(other than that permitted by Section 23-3-20.A of the Weld County
Code) 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 in a manner that 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. 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. Adequate hand washing and toilet facilities shall be provided.
9. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems(2 permits-#SP000080
and #FL19800032).
10. A permanent,adequate water supply shall be provided for drinking and sanitary purposes
(Domestic Well #99448-A).
11. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
12. The access drive shall be surfaced with gravel, or the equivalent, and shall be graded to
prevent drainage problems.
13. Effective January 1, 2003, building permits issued on the proposed development will be
required to adhere to the fee structure of the County-Wide Road Impact Program.
14. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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DEVELOPMENT STANDARDS -ALVIN AND GAIL BRAND, JR. (USR#1510)
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15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
17. Personnel from the Weld County Government 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.
18. 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.
19. 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.
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