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HomeMy WebLinkAbout20041297.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephen Mokray, along with the deletion of 1 B, 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: CASE NUMBER: USR-1463 APPLICANT: Darlene Blaney PLANNER: Sheri Lockman LEGAL DESCRIPTION: S2 SE4 of Section 22, T10N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a single- family dwelling unit other than that permitted by Section 232-3-20.A(guest house) in the A(Agricultural)Zone District. LOCATION: West of and adjacent to CR 21;north of and adjacent to CR 114 section line. be recommended favorably to the Board of County Commissioners for the following reasons: The Planning Commission recommends the following be included as conditions of approval: 1. Prior to recording the plat: A. All pages of the plat shall be labeled USR-1463. (Department of Planning Services) B. 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. (Department of Planning Services) C. The applicant shall submit two (2) paper copies of a plat which conforms to Section 23-2- 260.D. of the Weld County Code to the Weld County Department of Planning Services for review and approval. The plat shall be amended to delineate the following: 1. The access from County Road 21. (Department of Public Works) 2. 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 County Road 21 shall be delineated right-of-way on the plat. This road is maintained by Weld County. E. The applicant shall submit a detailed plan for the removal of the residence to be enacted at such time that the structure is being used for other than the permitted use. (Department of Planning Services) 2. Upon completion of 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 Department of Planning Services' Staff. 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. (Department of Planning Services) 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 maps(a�co.weld.co.us. (Department of Planning Services) 4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on /fin the property until the Special Review plat is ready to be recorded in the office of the Weld Count Ili Clerk and Recorder. (Department of Planning Services) 2004-1297 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Darlene G. Blaney USR-1463 1. The Site Specific Development Plan and Special Use Permit is for a single-family dwelling unit other than that permitted by Section 23-3-20.A (guest house) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the 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 or storm run-off. (Department of Public Works) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 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,30 20 100.5,C.R.S.,as amended.(Department of Public Health and Environment) 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. (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.(Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 11. Further subdivision of this parcel will require the vacation of USR-1463. (Department of Planning Services) 12. The single family residence shall be for the temporary housing of guests or for family members only. The home shall not be used as a rental for non-family members. (Department of Planning Services) 13. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 16. 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. Resolution USR-1463 Darlene Blaney Page 2 17. The 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. 18. 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. Motion seconded by Bruce Fitzgerald VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Tim Tracy Doug Ochsner The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Voneen Macklin, Recording Secretary for 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 April 6, 2004. Dated the 6th of April, 2004. I, Voneen Macklin Secretary Hello