HomeMy WebLinkAbout20020001.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1362 FOR A SINGLE FAMILY DWELLING UNIT, OTHER THAN THOSE
PERMITTED UNDER SECTION 23-2-20.A OF THE WELD COUNTY CODE IN THE
A(AGRICULTURAL) ZONE DISTRICT -THEODORE SCHRAGE
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 16th day
of January, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Theodore Schrage, 0866 State Highway 60, Loveland, Colorado
80537, for a Site Specific Development Plan and Use by Special Review Permit#1362 for a
Single Family Dwelling Unit, other than those permitted under Section 23-2-20.A of the Weld
County Code in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #2509; being part of
the NE1/4 of Section 6, Township 4 North, Range
68 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 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 23-2-230.6 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 ordinances in effect. A.Goal
1 states, "Preserve prime farmland for agricultural purposes which foster
the economic health and continuance of agriculture". The U.S.D.A. Soils
Maps indicate that the soils on this property are designated "Prime." The
applicant has indicated the balance of the land will stay in agricultural use
when the new home is constructed. However, the property is only 45
acres in size and the Home Supply Irrigation Ditch traverses the property
which reduces the ability to farm the parcel.
2002-0001
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SPECIAL REVIEW PERMIT#1362 - THEODORE SCHRAGE
PAGE 2
b. Section 23-2-230.B.2—The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-20.A and 23-3-40. L of
the Weld County Code provide for a Single Family Dwelling Unit, other
than those permitted under Section 23-3-20.A, in the A (Agricultural)
Zone District, subject to a Use by Special Review Permit. There is
currently one home located on the property which is occupied by the
applicant. The applicant's stated purpose for the Use by Special Review
is to provide a building site so a new home can be constructed which is
wheelchair accessible.
c. Section 23-2-230.B.3 —The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties are predominantly rural-residential. The Conditions of Approval
and Development Standards are proposed to ensure that the applicant's
proposed use will remain compatible with the existing surrounding land
uses. A rural agricultural residence is compatible with the surrounding
property uses.
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 three-mile referral
boundary areas of the Town of Berthoud and Larimer County. Neither
entity indicated a conflict with the proposed Use by Special Review. A
rural agricultural residence is in keeping with the potential future
surrounding property uses.
e. Section 23-2-230.B.5—The site does not lie within any Overlay Districts.
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 U.S.D.A. Soils Maps indicate that the soils on this
property are designated "Prime" land. The applicant has indicated the
balance of the land will stay in agricultural use when the new home is
constructed.
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.
2002-0001
PL1576
SPECIAL REVIEW PERMIT#1362 - THEODORE SCHRAGE
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Theodore Schrage for a Site Specific
Development Plan and Use by Special Review Permit#1362 for a Single Family Dwelling Unit,
other than those permitted under 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. 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 Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the plat:
a. The plat shall be amended to delineate the following:
1) Adherence to Section 23-2-260.D of the Weld County Code which
pertains to the Use by Special Review Permit Plan Map.
2) Weld County Road 3 is designated on the Weld County
Transportation Plan Map 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 3 shall be delineated right-of-way on the plat. This road is
maintained by Weld County.
3) All approved accesses shall be clearly shown on the plat. Shared
access with the adjacent property owner on Weld County Road 3
shall be indicated. The applicant shall submit to the Weld County
Department of Planning Services a recorded copy of any
agreement signed by all of the owners of the property crossed by
the access. The access shall be for ingress and egress and shall
be referenced on the plat by the Weld County Clerk and
Recorders reception number.
b. The existing residence shall use the existing residential access point as
no additional accesses shall be granted.
c. The applicant shall attempt to address the requirements and concerns of
the Berthoud Fire Protection District, as stated in the referral response
received November 13, 2001. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
2002-0001
PL1576
SPECIAL REVIEW PERMIT#1362 - THEODORE SCHRAGE
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d. The applicant shall provide written evidence to the Weld County
Department of Planning Services that Section 23-2-260.6.13 of the Weld
County Code has been addressed. This section refers to ditch owner
agreements.
e. The applicant shall provide the Weld County Department of Planning
Services with a certificate from the Weld County Treasurer showing no
delinquent taxes exist for the subject parcel.
3. 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 16th day of January, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: / �!{'. � . Lia EXCUSED DATE OF SIGNING (AYE)
GleKVaad, Chair
Weld County Clerk to th �So. tóIa
David . L g, Pro-Te
BY:
Deputy Clerk to the B•
�•�►� M. J. Geile
AP"OV % AS T• .#Ri': <-1:‘
� m . Jke
. . y Attorn
Robert D. Masden
Date of signature: 1/03
2002-0001
PL1576
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THEODORE SCHRAGE
USR#1362
1. The Site Specific Development Plan and Use by Special Review Permit #1362 is for a
Single Family Dwelling Unit, other than those permitted under Chapter 23, Article Ill,
Division 1,Section 23-3-20.A of the Weld County Code, in the A(Agricultural)Zone District,
as indicated in the application materials on file and 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
that protects against surface and groundwater contamination.
4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
5. Fugitive dust shall be controlled on this site.
6. 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.
7. The facility shall utilize the existing public water supply (Little Thompson Water District).
8. Access to the new home shall be via Weld County Road 3 and shall be shared with the
adjacent property located to the south.
9. Further subdivision of this parcel will require the vacation of Use by Special Review Permit
#1362.
10. All proposed,or existing structures,will meet the minimum setback and offset requirements
for the Zone District in which the property is located. Pursuant to the definition of setback
in the Weld County Zoning Ordinance, the required setback is measured from the future
right-of-way line.
11. Any future structures or uses on site must obtain the appropriate zoning and building
permits.
12. 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.
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
2002-0001
PL1576
DEVELOPMENT STANDARDS - THEODORE SCHRAGE (USR #1362)
PAGE 2
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
15. Personnel from the Weld County Departments of Public Health and Environment, Public
Works,and Planning Services 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.
16. 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.
17. 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.
2002-0001
PL1576
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