HomeMy WebLinkAbout20051455.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1502 FOR A SINGLE FAMILY DWELLING UNIT, OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3.20.A OF THE WELD COUNTY CODE(A SECOND
HOME), IN THE A(AGRICULTURAL)ZONE DISTRICT- CHAD AND ANGELA LEASE
AND MICHAEL LAFFERTY
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 1st day of
June, 2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Chad and Angela Lease,4652 Peak View,Erie,Colorado 80516, and Michael Lafferty,
4702 Peak View, Erie, Colorado 80516,for a Site Specific Development Plan and Use by Special
Review Permit #1502 for a Single Family Dwelling Unit, other than those permitted under
Section 23-3-20.A of the Weld County Code(a second home), in the A(Agricultural)Zone District
on the following described real estate, to-wit:
Lot 8 of Scott's Acres; being part of the NE1/4 of
Section 9, Township 1 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.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter22 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." The application materials indicate
the site can support the proposed use. The Conditions of Approval and
Development Standards will ensure the use will be compatible with the
region.
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SPECIAL REVIEW PERMIT#1502 - CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY
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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
provides fora Single Family Dwelling Unit,other than those permitted under
Section 23-3-20.A of the Weld County Code, 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. The surrounding property to the
north, south, east, and west are residential (Scott Acres Subdivision). No
correspondence has been received from the surrounding property owners
regarding the proposed development. The Conditions of Approval and
Development Standards will ensure compatibility with adjacent properties.
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 subject
property lies within the three-mile referral area of the City of Dacono,Town
of Erie, Town of Firestone, Town of Frederick, Boulder County, and
Broomfield County. The City of Dacono,Town of Erie, Broomfield County,
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 Boulder County or the Town of Firestone.
e. Section 23-2-230.B.5—The site lies within the Geological Hazard District.
The applicant will be required to submit a Geological Hazard Development
Permit to the Department of Planning Services as outlined in the following
Conditions. Building permits issued on the lot 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 lot is too small to be a viable farming operation in accordance with
Section 22-2-60.1 of the Weld County Code.
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.
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SPECIAL REVIEW PERMIT#1502 - CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Chad and Angela Lease and Michael Lafferty for a Site
Specific Development Plan and Use by Special Review Permit#1502 fora Single Family Dwelling
Unit, other than those permitted under Section 23-3-20.A of the Weld County Code (a second
home), 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-1502.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Peak View is designated on the Weld County Road Classification
Plan as a local gravel subdivision 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 Peak View shall
be delineated on the plat as right-of-way. This road is maintained by
Weld County.
3) The home shall use the existing residential access,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.
C. The Boulder Valley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
D. The applicant shall attempt to address the requirements and concerns of
Mountain View Fire Protection District, as stated in the referral response
dated February 16, 2005. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
E. The applicant shall attempt to address the requirements and concerns of the
Colorado Division of Wildlife, as stated in the referral response dated
March 2, 2005. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
F. The applicant shall submit a Geological Hazard Development Permit to the
Department of Planning Services for review and approval,or provide written
evidence from the Colorado Geological Survey that a Geological Hazard
Development Permit is not required.
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SPECIAL REVIEW PERMIT#1502 - CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY
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G. 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
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. 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
maos@co.weld.co.us.
4. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued,until the Use by Special Review plat is ready to be recorded in the
office of the Weld County Clerk and Recorder.
5. Prior to the issuance of building permits:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one (1) acre in area. Contact the
Water Quality Control Division of the Colorado Department of Public Health
and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
6. Prior to Certificate of Occupancy
A. An individual sewage disposal system is required for the proposed home and
shall be installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
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SPECIAL REVIEW PERMIT#1502 - CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EL
I _ William H. J e, Chair
Iasi
' • t [ lerk to the Board /�
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,r. ,� r. / /J.
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_ M. J. e, Pro-Tern
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Dxid E. Long
APP D D AS TO FOR `J` . tl � �
Robert D. Mas en
my tje ney
Glenn Vaad
Date of signature: a/-/-C-6-c-
2005-1455
PL1777
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY
USR#1502
1. A Site Specific Development Plan and Use by Special Review Permit#1502 is for a Single
Family Dwelling Unit, other than those permitted under Section 23-3-20.A of the Weld
County Code (a second home), in the A (Agricultural) Zone District.
2. The single family residence shall be forfamily members only. The home shall not be used
as a rental for non family members.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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 forfinal disposal in a manner that
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 in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. 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.
9. Adequate hand washing and toilet facilities shall be provided.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
11. The facility shall utilize the existing public water supply(Left Hand Water District).
12. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
13. A separate building permit shall be obtained prior to the construction of any building.
14. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Residential building
plans may be required to bear the wet stamp of a Colorado registered architect or engineer.
Provide plans to the Mountain View Fire Protection District for its review and approval.
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15. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2003 International Residential
Code, 2003 International Building Code, 2003 International Mechanical Code, 2003
International Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
16. Each residential structure will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
17. Fire resistance of walls and openings,construction requirements, maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code.
18. Building height shall be measured in accordance with the 2003 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 23 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. When measuring buildings to determine offset and setback
requirements,buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
19. The access drive shall be surfaced with gravel or the equivalent, and shall be graded to
prevent drainage problems.
20. Effective January 1, 2003, building permits issued on the subject property will be required
to adhere to the fee structure of the County-Wide Road Impact Program.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
24. 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.
25. 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
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DEVELOPMENT STANDARDS-CHAD AND ANGELA LEASE/MICHAEL LAFFERTY(USR#1502)
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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.
26. 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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