HomeMy WebLinkAbout20040038 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1449 FOR A SINGLE FAMILY DWELLING UNIT ON A LEGAL LOT AND A
HOME BUSINESS IN THE A(AGRICULTURAL)ZONE DISTRICT -TAMIJO, LLC, C/O
BING AND RAEBEN SELLERS
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 4th day of
February,2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Tamijo, LLC, do Bing and Raeben Sellers, 3879 East 120th Avenue #330,
Thornton,Colorado 80233,fora Site Specific Development Plan and Use by Special Review Permit
#1449 fora Single Family Dwelling Unit on a Legal Lot and a Home Business in the A(Agricultural)
Zone District on the following described real estate, to-wit:
Part of the SE1/4 NE1/4 of Section 17, Township 1
North, Range 67 West of the 6th P.M.,Weld County,
Colorado
WHEREAS,said applicant was represented by Bing and Raeben Sellers,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.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-1 80.H—Residential development on agricultural zoned
land is provided to aid in the continuation of agricultural production
and/or to accommodate low intensity development. The Board
believes that a single family home with a home business is low
intensity.
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SPECIAL REVIEW PERMIT #1449 - TAMIJO, LLC, CIO BING AND RAEBEN SELLERS
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2) Section 22-2-60.D(A.Goal4)—The conversion of agricultural land to
non-urban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support
such development. The site is currently not being farmed. The
surrounding properties are primarily single family homes. The
applicant is proposing an on-site septic system and the water will be
provided by a well.
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 for one single-family dwelling unit per lot,other than those permitted
under Section 23-3-20.A,as a Use by Special Review in the A(Agricultural)
Zone District. Section 23-3-40.O of the Weld County Code provides for a
home business as a Use by Special Review in the A (Agricultural) Zone
District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties consist
of primarily single-family dwellings and agricultural uses.
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 site lies
within the Intergovernmental Agreement area for the City of Dacono. The
City of Dacono has recommended approval of this application with conditions
that will be met through the Conditions of Approval and Development
Standards. The site also is within the three-mile referral area for the Town
of Erie,Town of Frederick,and Broomfield County. The Town of Erie did not
have any comments. The Town of Frederick and Broomfield County did not
respond to the referral request.
e. Section 23-2-230.B.5 --The application complies with Section 23-5 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. 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 as prime irrigated farmland and high potential dry crop land
(prime if irrigated).
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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 Tamijo, LLC, do Bing and Raeben Sellers, for a Site
Specific Development Plan and Use by Special Review Permit#1449 for a Single Family Dwelling
Unit on a Legal Lot and a Home Business 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. The plat shall be labeled USR-1449.
B. The applicant shall submit a Landscaping/Screening Plan for review and
approval. All on-site landscape treatment shall comply with
Sections 23-3-250.A.5.a and A.5.b of the Weld County Code.
C. All personal vehicles located on the property must be operational with current
license plates. All vehicles associated with the construction company must
be screened from all adjacent properties and public rights-of-way.
D. The applicant shall address the requirements of Weld County School District
RE-8,as stated in the referral response dated November4,2003. 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
Mountain View Fire Protection District, as stated in the referral response
dated November 7,2003. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
F. In accordance with Chapter 8, Article II, of the Weld County Code, the lot
shall be granted one residential/agricultural access off of Weld County
Road 17. Direct access from a public road shall be limited to one access
per legal parcel for residential use; no circle drives or additional accesses
shall be granted. The road shall be graded and drained to provide all-weather
access. Accesses shall be placed in such a location as to have adequate
sight distance in both directions, shall not be placed below the crest of a hill
or where physical obstructions are present,and shall be a minimum distance
of 75 feet from any intersecting County or State roadway. No additional
access shall be permitted.
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G. The off-street parking spaces, access drive, and the parking area shall be
surfaced with gravel,asphalt,concrete or the equivalent and shall be graded
to prevent drainage problems.
H. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Roads 10 and 17 are designated on the Road Capital
Improvement Plan in the County-Wide Impact Fee Code Ordinance,
Section 20-1-30, as local gravel roads, which require 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
Roads 10 and 17 shall be delineated right-of-way on the plat. These
roads are maintained by Weld County.
3) Access to the lot shall be provided from Weld County Road 17 as no
additional accesses shall be granted.
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 respectively 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
maoseco.weld.co.us.
4. Prior to issuing a Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
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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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 4th day of February, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
���� WELD COUNTY, OLORADO
ATTEST: guru �� ® V�
Robert D. Masden, Chair
Weld County Clerk to '' O asZ9
e Cyr • - Al William H erke, Pro-Tern
Deputy Clerk to the Boerdn`'
M. eile
APP S TO F e I
Dav' E. Long
unty Attorney
Glenn Vaa
Date of signature: a%
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TAMIJO, LLC, C/O BING AND RAEBEN SELLERS
USR#1449
1. A Site Specific Development Plan and Use by Special Review Permit#1449 is for a Single
Family Dwelling and Home Business(construction company)on a legal non-buildable lot 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 outdoor storage of materials shall be stored within a structure or screened from
neighboring properties and public rights-of-way.
4. No employees are permitted.
5. All construction shall be in accordance with the provisions of the Uniform Fire Code(UFC),
as ratified by the Weld County Commissioners, and all other codes and ordinances, as
enforced by Weld County or the Mountain View Fire Protection District.
6. Prior to the release of Building Permits for any structure exceeding 3,600 square feet,the
applicant must comply with the requirements of Appendix III-A of the Uniform Building Code
(UBC), as recommended by the Mountain View Fire Protection District.
7. Any future structures or uses on site must obtain the appropriate Zoning and Building
Permits.
8. Building Permits shall be obtained prior to the construction of any building. Buildings that
meet the definition of an Agricultural Exempt Building, per the requirements of
Sections 29-1-20 and 29-3-20 B.13,do not need Building Permits;however,a Certificate of
Compliance must be filed with the Department of Planning Services and an Electrical and/or
Plumbing Permit is required for any electrical service to the building or water for watering
or washing of livestock or poultry.
9. A Plan Review is required for each building except for buildings that meet the definition of an
Agricultural Exempt Building. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
permit.
10. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 1997 Uniform Building Code
(UBC); 1998 International Mechanical Code(IMC); 1997 International Plumbing Code(IPC);
2002 National Electrical Code (NEC), and Chapter 29 of the Weld County Code.
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11. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed bya Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
12. Building height,wall and opening protection and limitations,and separation of buildings of
mixed occupancy classifications shall be in accordance with the UBC. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code.
13. Building height shall be measured in accordance with the UBC 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.
14. 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. Offset and setback
requirements are measured to the farthest projection from the building.
15. 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 mannerthat
protects against surface and groundwater contamination.
16. 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.
17. 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.
18. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
19. 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.
20. Adequate hand washing and toilet facilities shall be provided.
21. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
22. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that will reasonably preserve natural character of the area and prevent property damage of
the type generally attributed to run-off rate and velocity increases,diversions,concentration,
and/or unplanned ponding of storm run-off.
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24. Effective January 1, 2003, Building Permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
25. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
26. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion,recompletion,re-entry, production and
maintenance operations associated with existing or future operations located on these
lands.
27. All personal vehicles located on the property must be operational with current license plates.
All vehicles associated with the construction company must be screened from all adjacent
properties and public rights-of-way.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. 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.
32. 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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