HomeMy WebLinkAbout20042253 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1479 FOR A 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 - FRED AND CAROL LEY
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
September, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Fred and Carol Ley, 23959 Weld County Road 51, Kersey, Colorado
80644, for a Site Specific Development Plan and Use by Special Review Permit#1479 for a 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 on the following described real estate, to-wit:
Lot A of Recorded Exemption #3317; being part of
the NE1/4 of Section 6, Township 4 North, Range 64
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.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-2-60.A.1 (A.Goal 1) states, "Conserve agricultural land for
agricultural purposes which foster the economic health and continuance of
agriculture." This proposal does not effect the productivity of the site.
b. Section 23-2-230.6.2--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 of the Weld County Code, in the
A (Agricultural) Zone District, subject to a Use by Special Review Permit.
The parcel currently has one residence located on the parcel.
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SPECIAL REVIEW PERMIT#1479 - FRED AND CAROL LEY
PAGE 2
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 agricultural and residential in nature. The Conditions of
Approval and Development Standards are proposed to ensure that the
applicants' proposed use will remain compatible with the existing
surrounding land 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
does not lie within a three-mile radius of any city or town.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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.
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 lot is not large enough to be considered viable
for farming.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Fred and Carol Ley for a Site Specific Development Plan
and Use by Special Review Permit #1479 for a 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
on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. The following shall be placed as a note on the plat:
A. The applicant shall apply for a Recorded Exemption for the second home
within 60 days from September 23, 2007, and Use by Special Review
Permit#1479 shall be vacated.
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SPECIAL REVIEW PERMIT#1479 - FRED AND CAROL LEY
PAGE 3
2. Prior to recording the plat:
A. The applicant shall address the requirements of Weld County School
District RE-7, as stated in the referral response dated May 10, 2004.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
B. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1479.
2) The attached Development Standards.
3) Adherence to Section 23-2-260.D of the Weld County Code which
pertains to the Use by Special Review Permit Plat Map.
4) Weld County Roads 50 and 51 are designated on the Road
Classification Plan as local gravel roads, which requires 60 feet of
right-of-way at full build out. There is presently a 60-foot right-of-
way. A total of 30 feet from the centerline of Weld County Roads 50
and 51 shall be delineated on the plat. These roads are maintained
by Weld County.
5) All approved accesses shall be clearly shown on the plat. The
applicant shall contact the Weld County Department of Public Works
to determine if a culvert is necessary at any approved road access.
If a drainage culvert is required, a 15-inch Corrugated Metal Pipe
(CMP) is Weld County's minimum size. If the applicant chooses to
place a larger culvert, please contact the Weld County Department
of Public Works to adequately size the culvert.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon
approval of the paper copies, 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 24-8-70 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.
D. 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.
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SPECIAL REVIEW PERMIT#1479 - FRED AND CAROL LEY
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
1861 � ����I�T.
Robert D. Masden, Chair
o ^+ lerk to the Board
4�s William H. J e, Pro-Tem
Deputy Cler to the Board _
M. J. 'le
AP V AST 1
Davi E. Long
my Attorn
GI nn Vaad
Date of signature: ' /
2004-2253
PL1735
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FRED AND CAROL LEY
USR#1479
1. The Site Specific Development Plan and Use by Special Review Permit #1479 is for a
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, 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. 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.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103, C.R.S.
8. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal System (I.S.D.S.) Regulations.
9. The facility shall utilize the existing public water supply (Central Weld County Water
District).
10. Further subdivision of this parcel will require the vacation of USR-1479.
11. The single family residence shall be for family members only. The home shall not be used
as a rental for non-family members..
12. The applicant shall apply for a Recorded Exemption for the second home within 60 days
from September 23, 2007, and USR-1479 shall be vacated..
13. 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..
14. Building permits shall be obtained prior to the construction of any building.
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DEVELOPMENT STANDARDS - FRED AND CAROL LEY (USR#1479)
PAGE 2
15. A plan review is required for each building except for buildings that meet the definition of
Agricultural Exempt buildings. 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. If the mobile home is blocked and tied, plans from the manufacturer detailing
blocking and tie downs is an alternative.
16. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of the permit application. Current adopted codes include the 2003 International
Building Code; 2003 Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; 2002 National Electrical Code, and Chapter 29 of the Weld
County Code.
17. 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. Offset and setback requirements are measured to the farthest
projection from the building.
18. 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 Code, the required setback is measured from the future right-of-way
line.
19. Any future structures or uses on the site must obtain the appropriate Zoning and Building
Permits.
20. 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.
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 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.
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DEVELOPMENT STANDARDS - FRED AND CAROL LEY (USR#1479)
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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 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.
27. The Use by Special Review Permit shall not be transferable to any successors in interest
to the prescribed property and shall terminate automatically upon conveyance or lease of
the property to others for operation of the facility.
2004-2253
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