HomeMy WebLinkAbout830752.tiff RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A LAND DIVISION CREATING
TWO LOTS - RONALD AND NAOMI FOOS
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 6th day of April , 1983 , at the hour of 2 : 00
o' clock p.m. in the Chambers of the Board for the purpose of
hearing the application of Ronald and Naomi Foos , 20956 Weld
County Road 8 , Hudson, Colorado 80642 , for a Use by Special Re-
view for a land division creating two lots, on the following
described rear_ estate, to-wit:
Part of the SWa, Section 26 , T1N, R65W of
the 6th P.M. , Weld County, Colorado
WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County Plan-
ning Commission and all of the exhibits and evidence presented
in this matter, and having been fully informed, finds that :
1 . The submitted materials are in compliance with the appli-
cation requirements of Section 24 . 7 of the Weld County
Zoni:ig Ordinance.
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with the Sec--
tion 24 . 4 . 2 of the Weld County Zoning Ordinance as
follows:
a) The proposal is consistent with the Comprehensive
Plan and is consistent with the intent of the Agri-
cultural Zone District in that the proposal does not
appear to have any adverse impacts on the agricultural
interests of the County or the environment. The use
is both compatible with existing agricultural activity
and with land use which is contemplated to be agri-
cultural in the Comprehensive Plan.
830752
�- ��
Page 2
RE: USR - RONALD AND NAOMI FOOS
b) The use of the Use by Special Review application does
not evade the requirements and statement of purposes
of the Weld County Subdivision Regulations . The appli-
cants have sold eighty (80) acres of their farm, which
contains the improvements . The applicants would like
to build a residence on the remaining eighty (80) acres
of their farm. Both parcels of ground would continue
to be farmed and no land will be taken out of agricul-
tural production.
c) No overlay districts affect the site. Operation and
design standards provide adequate protection of the
health, safety and welfare of the neighborhood and
the County.
d) The proposed expansion will not utilize any land which
is presently used for agricultural purposes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County Colorado that the application for a Use
by Special Review for a land division creating two lots on the
hereinabove described parcel of land be, and hereby is , granted
subject to the following conditions:
1 . The attached Standards for Use by Special Review be
adopted.
2 . The plat for the Use by Special Review permit be placed
on record by the Department of Planning Services staff
prior to any building permits being issued on the site .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
April , A.D. , 1983 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Boa Chuck Carlson, Chairman
/
eputy County Clerk hn M. Martin, Pro-Tem
�7
APPROVED AS TO FORM: 14127 P. �
Gene R. Bran ner 21( (�L//t L..-a � /'—V C^ C�� 'C /_i"b?�vvC-.�-� AiK'..,•-i.�7.,e__y�
County Attorney Norman Carlson
J cq line j hnson
DAY FILE: April 11 , 1983
RONALD AND NAOMI FOOS
USR-545:83:8
STANDARDS FOR USE BY SPECIAL REVIEW
1. The type of use shall be a single family dwelling on a nonirrigated
eighty (80) acre parcel in the "A" (Agricultural) Zone District.
2. The proposal shall comply with the design standards for Uses by
Special Review, Section 24.5 et seq. of the Weld County Zoning
Ordinance.
3. The proposal shall comply with the operations Standards for Uses by
Special Review, Section 24.6 et seq. of the Weld County Zoning
Ordinance.
4. The Use by Special Review shall be limited to the plans shown
hereon and governed by the Standards stated above and all applica-
ble Weld County Regulations. Any material deviations from the
plans and/or Standards as shown or stated above shall require the
approval of an amendment of the Permit by the Weld County Planning
Commission and the Board of County Commissioners before such changes
from the plans and/or Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
5. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason
for revocation of the Permit by the Board of County Commissioners.
RA:rg
A public hearing was conducted on April 6 , 1983 at 2:00 P. M. , with
the following present:
Chuck Carlson Chairman
John Martin Pro Tem
Gene Brantner Commissioner
Norman Carlson Commissioner
Jacqueline Johnson Commissioner
Also present: .
Acting Clerk to the Board, Jeannette Sears
Assistant County Attorney, R. Russell Anson
Planning Department Representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated March 21, 1983, duly published
March 24, 1983, in the La Salle Leader, a public hearing was held on the request
of Ronald and Naomi Foos for a Use by Special Review for a land division creating
two lots. The Planning Commission recommended approval with conditions and
standards. The applicants were not present. Mr. Allison answered questions
on behalf of the applicants. There was no opposition regarding this request.
Commissioner Martin moved to approve this request with conditions and standards.
Commissioner Brantner seconded the motion and it carried unanimously.
//
!c c y �jiid :U
IRMAN
BOARD OF COUNTY COMMISSIONERS
ArtST: ttP
WELD COUNTY CP:4RK AND RECORDER
AND CLERK TO THE
BY: /
putt' County C erk
83-15
TAPE # 83-22
ERR # 2162
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
as C1tMI1 P'MY1 ibitiw)
STip]i : to Mare 15 1983 Case No. USR # USR-545:83:8 _
rS : t '_ '
APPLICATION F_Ronald and _Naomi Foos
\ 3
�y ADDRESS ld County Road 8 . Hudson. Colorado 80642
GREa.EY. 001.0.
Moved by Jack Holman that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the application for
a land division creating two lots __located on the following described
property in Weld County, Colorado, to-wit:
Part of the SW4, Section 26, T1N, R65W of the 6th P.M. , Weld County, Colorado
be recommended (favorably) WIfuguidlia to the Board of County
Commissioners for the following reasons:
The Weld County Planning Commission 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.
2. It is the opinion of the Planning Commission that the applicant
has shown compliance with Section 24.3.1.1 of the Weld County
Zoning Ordinance as follows:
- The proposal is consistent with the Comprehensive Plan
and is consistent with the intent of the Agricultural
Zone District in that the proposal does not appear to
have any adverse impacts on the agricultural interests of
the County or the environment. The use is both compatible
Motion seconded by Ed Reichert
Vote:
For Passage Wilbur Wafel Against Passage
Ed Reichert
Jack Holman
Bill Diehl
Bob Ehrlich
Jerry Kiefer
The Chairman declared the Resolution passed and ordered that a certified copy he
forwarded with the file of this case to the Board of County Commissioners for
further proceedings.
CERTIFICATION OF COPY
I , Bobbie Good , Recording Secretary of the Weld County Planning
Commission, do 'hereby certify that the above and foregoing Resolution is a true
copy of the Resolution of the Planning Commission of Weld County, Colorado,
adopted on March 15, 1983 and recorded in Book No. VIII _ of the
proceedings of the said Planning Commission.
Dated the 16th day of March , 1983 •
Qe C4\m it,a
Secretary
USR-545:83:8
Ronald and Naomi Foos
A Use by Special Review Permit for a land division creating two (2) lots
less than the minimum lot size in the "A" (Agricultural) Zone District.
March 15, 1983
Page 2
with existing agricultural activity and with land use
which is contemplated to be agricultural in the Comprehensive
Plan.
- The use of the Use by Special Review application does not
evade the requirements and statement of purposes of the
Weld County Subdivision Regulations. The applicants have
sold eighty (80) acres of their farm, which contains the
improvements. The applicants would like to build a
residence on the remaining eighty (80) acres of their
farm. Both parcels of ground would continue to be farmed
and no land will be taken out of agricultural production.
- No overlay districts affect the site. Operation and
design standards provide adequate protection of the
health, safety and welfare of the neighborhood and the
County.
- The proposed expansion will not utilize any land which is
presently used for agricultural purposes.
The following, conditions are felt necessary for approval of the proposal:
- The attached standards for use by special review be adopted;
- The. plat for the use by special review permit be placed on
record by the Department of Planning Services staff prior to
any building permits being issued on the site.
RA:rg
Date: Mai,h 15, 1983
CASE NUMBER: USR-545:83:8
NAME: Ronald and Naomi Foos _
REQUEST: A Use by Special Review Permit for a single family dwelling on less than
minimum lot size in the "A" (Agricultural) Zone District
LEGAL DESCRIPTION: Part of the S4, Section 26, T1N, R65W of the 6th P,M.
LOCATION: Approximately three (3) miles south of Hudson on Weld County Road 4
THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
approved FOR THE FOLLOWING REASONS:
._. 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.
2. It is the opinion of the Department of Planning Services staff
that the applicant has shown compliance with Section 24.3.1.1
of the Weld County Zoning Ordinance as follows:
- The proposal is consistent with the Comprehensive Plan
and is consistent with the intent of the Agricultural
Zone District in that the proposal does not appear to
have any adverse impacts on the agricultural interests of
the County or the environment. The use is both compatible
with existing agricultural activity and with land use
which is contemplated to be agricultural in the Comprehensive.
Plan.
- The use of the Use by Special Review application does not
evade the requirements and statement of purposes of the
Weld County Subdivision Regulations. The applicants have
soLd eighty (80) acres of their farm, which contains the
improvements. The applicants would like to build a
residence on the remaining eighty (80) acres of their
farm. Both parcels of ground would continue to be farmed
and no land will be taken out of agricultural production.
- No overlay districts affect the. site. Operation and
design standards provide adequate protection of the
health, safety and welfare of the neighborhood and the
County.
- The proposed expansion will not utilize any land which is
presently used for agricultural purposes.
The following conditions are felt necessary for approval of the proposal:
- The attached standards for use by special review be adopted;
- The plat for the use by special review permit be placed on
record by the Department of Planning Services staff prior to
any building permits being issued on the site.
RA:rg
staff
RONALD AND NAOMI FOOS
USR-545:83:8
STANDARDS FOR USE BY SPECIAL REVIEW
1. The type of use shall be a single family dwelling on a nonirrigated
eighty (80) acre parcel in the "A" (Agricultural) Zone District.
2. The proposal shall comply with the design standards for Uses by
Special. Review, Section 24.5 et seq.- of the Weld County Zoning
Ordinance.
3. The proposal shall comply with the operations Standards for Uses by
Special. Review, Section 24.6 et seq. of the Weld County Zoning
Ordinance.
4. The Use. by Special Review shall be limited to the plans shown
hereon and governed by the Standards stated above and all applica-
ble Weld County Regulations. Any material deviations from the
plans and/or Standards as shown or stated above shall require the
approval of an amendment of the Permit by the Weld County Planning
Commission and the Board of County Commissioners before such changes
from the plans and/or Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
5. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason
for revocation of the Permit by the Board of County Commissioners.
RA:rg
CASE SUMMARY SHEET
Case Number: USR-545:83:8
Size of Parcel: 160 acres, more or less
Request : A. Use by Special Review Permit for a single family dwelling on
less than the minimum lot size in the "A" (Agricultural) Zone
District.
Staff Member to Contact : Rod Allison
Possible Issues Summarized from Application Materials:
The Department of Planning Services staff has not received any objections
to this request. The minimum lot size in the agricultural zone district
for nonirrigated land is one-hundred-sixty (160) acres. It is the staff' s
opinion that the applicant is not intending to develop a large lot sub-
division in the "A" Zone District. Further, agricultural uses will
continue to be the predominant uses on the property. Approval of this
proposal will allow the applicant to create an eighty (80) acre lot,
eligible for one (1) single family home. If the applicant wanted to
create any more than two (2) lots, Planning staff would review the type
of operation proposed on the smaller lots in order to rationalize why
additional dwellings were needed and that the intent was not to create
a large lot subdivision.
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APPLICATION
USE BY SPECIAL REVIEW C-`1- F p
Department of Planning Services, 915 Tenth Street, Greel_]r Colorado
t P/hone�j 0- 356-4000 - Ext. 400 :- :__i 15 JG 3
I 1
Case Number (.$ S L/5/' O 3 I% Date Receive-E
Application Checked by )a(C!i6p ���pa,� �,i
Application Fee 7100 t 60.00 y1 /S d
/J 6/&00 Receipt Numbed
Recording Fee 6.00 4 5;00 -34.00 Receipt Numbers 5-623 / a-3r
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary
signature)
I (we) , the undersigned, hereby request hearings before the Weld County Planning
Commission and the Weld County Board of County Commissioners concerning the pro-
posed Special Review Permit of the following described unincorporated area of
Weld County Colorado:
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: cla . Section 26
T I N, R 65 W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit
is proposed: akt Section 26 T I N, R 65 W
Property Address (if available)
PRESENT ZONE Agricultural OVERLAY ZONES p.IN.Q
TOTAL ACREAGE RQ, /6O
PROPOSED LAND USE Agricultural and 1 Resident
EXISTING LAND USE .. n n
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name: Fbnald Fbos & Nachmi Ebos
Address: 20956 NCR #8 City Hudson , polo, Zip 80642
Home Telephone # 536-4895 Business Telephone #
Name:
Address: City Zip
Home Telephone # Business Telephone t
Name
Address: City Zip
Home Telephone # Business Telephone #
APPLICANT OR AUTHORIZED AGENT (if different than above) :
Name:
Address: City Zip
Home Telephone # Business Telephone #
Owner(s) and/or lessees of mineral rights on or under the subject properties
of record in the Weld County Assessor's Office:
Name: Petro— Anrnrican Fhergy Resources -- Bruce xetrick -- 458-7550
Address2751 Alrptt City Denver Zip
Name:
Address: City Zip _
Name:
Address: City Zip
I hereby depose and state under the penalities of perjury that all statements,
proposals and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORADO ) /
Signature: Owner or Authorized Agent
Subscribed and sworn to before me this /7 day of ge m 19 1911 .
SEAL Oj/[f.(L-' ' " l c/�-'^�""__
NOTARY PUBLIC ( /)
My commission expires ��y„ /;17 /f7 �l
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- LOT A LOT B
Contains: 80.0 Acres Contains: 80.0 Acres
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3 LOT B Contains: 80.00 Ac. *
Y II=500+—Denotes Section Corner
TOTAL 160.00 Ac.t
SCALE: I ::
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OWRS:
ROAD 6 RONALD &
°�►� NAOMINE FOGS
°\ 90256 W.C. ROAD 8
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. ' i „ HUDSON, COLO. 80642
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WELD COUNT" ROAD 4 ALPHA ENGINEERING
617 5TH STREET
34 35 ` i
36 FORT LUPTON, COLO.
80621
LOCATION MAP
SCALE: 1'i:2000' N SHEET 1 of 2
C
Feb. 10, 1983
Weld County Planning Commissioners
915 10th Street
Greeley, Colo. 80631
Subject: Special review Application
Section 24 weld County Zoning
Ordinance for Legal Description
Map Attached as per Procedural
( iide 1. A - G
Dear Commissioners,
We are requesting a Special review permit for the so described property
for the purpose of dividing the existing 160 acres into 2 - BO acre
parcels allowing us to consturct a New Hone on the West 80 acre parcel
and complete the sale of the East 80 Acre parcel which has a existing
residence. As near as we can tell, the request is consistent with the
Weld County Comprehensive plan, and with the intent of the District
in which the use is located.
The proposed residential/Pgric. use is oanpatable with the existing
surrounding land uses, and oamparahle with the future development
or the surrounding area as permitted by the existing zone and with
future development as protected by the Comprehensive plan of the
County or the adopted master plans of affected municipalities.
This proposal will not be inconsistent with efficent and orderly
development.
This application Complies with the Weld County Zoning Ordiance Section
50,. The Deed showing ownership is recorded and on file with the County
of Weld.
A diligent effort has been made to conserve productive agricultural.
land in the locational decision for the proposed use.
Provisions have been made for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and County.
Sincerely Submitted,
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld
County Zoning Ordinance, a public hearing will be held in the
Chambers of the Board of County Commissioners of Weld County, Colorado ,
Weld County Centennial Center., 915 10th Street, Greeley, Colorado,
at the time specified. All persons in any manner interested in the
Use By Special Review are requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the Weld
County Planning Commission may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado.
DOCKET NO. 83-15 APPLICANT
Ronald and Naomi Foos
20956 Weld County Road 8
Hudson, Colorado 80642
DATE: April 6, 1983
TIME: 2:00 P.M.
REQUEST: Use By Special Review - Land division creating two lots
LEGAL DESCRIPTION
Part of the SW1, Section 26, TIN, R65W of the 6th P.M. , Weld County,
Colorado.
BOARD OF THE COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Bette M. Foose, Deputy
DATED: March 21 , 1983
PUBLISHED: March 24, 1983 in the La Salle Leader
i
REFERRAL LIST
APPLICANT: Ronald and Naomi Foos CASE NUMBER: USR-545:83:8
SENT REFERRALS OUT: 2-16-83 REFERRALS TO BE RECEIVED BY 3-4-83
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County Attorney (plat only)
Weld County Health Department
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Engineering Department
County Extension Agent
Colorado Geological Survey
1313 Sherman Street
_
Room 703
Denver, Colorado 80203
Colorado Water Conservation
Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
State Engineer
XX Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
I
-1 Colorado Department of Health
Water Quality Control Division
4210 East llth A✓enue
Denver, Colorado 80220
MAILING LIST
USA 545:83:8
Foos/Parker II
2093 Weld County Road 47
Hudson, CO 80642
Hildred Steinwald
Box 125
Hudson, CO 80642
American Telephone and Telegraph
Operation Supervisor
40821 State Highway 52
Roggen, CO 80652
Ivar and Evelyn. Jordon
21649 Weld County Road 4
Hudson, CO 80642
James Penrod
1172 Pleasantview Drive
Pueblo, CO 81006
Victor Gutierrez
23894 Weld County Road 4
Hudson, CO 80642
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