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Home My WebLink About20041464.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1468 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 - SCOTT AND NANCY VERMILYEA 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 June, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Scott and Nancy Vermilyea, 110 Walnut, Eaton, Colorado 80615,for a Site Specific Development Plan and Use by Special Review Permit#1468 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 on the following described real estate, to-wit: Lot B of Recorded Exemption#3166;being part of the NW1/4 of Section 3, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS,said applicant was represented by Thomas Hellerich of Winters,Hellerich,and Hughes, 5754 West 11th Street, #101, Greeley, Colorado 80634, 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 Chapter22 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. Chapter 23, Article III, Division 1, 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 2004-1464 PL1722 en; Pz,,q6),�� r�� ,boo 00-t-t/' oy SPECIAL REVIEW PERMIT#1468 - SCOTT AND NANCY VERMILYEA PAGE 2 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 is currently vacant, as there are two stick-built homes being proposed. 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 use. 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 within the three-mile referral area for the Town of Eaton,which reviewed the request and found no conflicts with its interests. e. Section 23-2-230.6.5--The west half of this site does lie within the 100-year floodplain, as delineated on the FIRM Community Panel 080266 0489 C, dated September 28, 1992. The applicant is proposing to build outside of the floodplain,and should this change,a Flood Hazard Development Permit will need to be obtained. 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 23-2-230.6.6--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 location of the homes would not be considered viable agricultural property. 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 Scott and Nancy Vermilyea fora Site Specific Development Plan and Use by Special Review Permit#1468 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: 2004-1464 PL1722 SPECIAL REVIEW PERMIT#1468 - SCOTT AND NANCY VERMILYEA PAGE 3 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. The applicant shall apply for a Recorded Exemption for the second home within 60 days from May 6, 2007, and the USR shall be vacated. 3. The following shall be placed as a note on the plat: A. Potential purchasers are hereby notified that a private airstrip is located directly south of the proposed building sites,permitted under Use by Special Review Permit #814. Off-site impacts that may be encountered include noise from the aircraft. 4. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The plat shall be labeled USR-1468. 2) The attached Development Standards. 3) Adherence to Section 23-2-260.D of the Weld County Code which pertains to the Special Review Permit Plan Map. 4) Weld County Road 43 is designated on the Road Classification Plan as a collector status road,which requires a 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. A total of 40 feet from the centerline of Weld County Road 43 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 43. This road is maintained by Weld County. 5) The existing Recorded Exemption(RE-3166)and the proposed Use by Special Review Permit are both identifying possible building sites in the southeast corner of Lot B. The access easement is in place through the existing RE-3166 and identified in USR-1468. Identify this access on the map and utilize this access for the residential access. 6) 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. 2004-1464 PL1722 SPECIAL REVIEW PERMIT#1468 - SCOTT AND NANCY VERMILYEA PAGE 4 B. 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. C. 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. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 16th day of June, A.D., 2004. BOARD OF COUNTY COMMISSIONERS • c. i% /'/// WE lD( OUNTY, pC�OLOORADO fategtRobert D. Masden, Chair 11861 d !nod Clerk to the Board William H. e, Pro-Tem Deputy Clerk to the Board M. J. eile� APP D AS M: CL David E. Long un y tto ney ��cLl1� Glenn Vaad Date of signature: "fib/©# 2004-1464 PL1722 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SCOTT AND NANCY VERMILYEA USR#1468 1. The Site Specific Development Plan and Use by Special Review Permit#1468 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 forfinal 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. An individual sewage disposal system is required for the proposed homes and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 9. Further subdivision of this parcel will require the vacation of Use by Special Review Permit#1468. 10. The single family residence shall be for family members only. The home shall not be used as a rental for non-family members. 11. The applicant shall apply for a Recorded Exemption for the second home within 60 days from May 6, 2007, and the Use by Special Review Permit shall be vacated. 12. Prior to the release of Building Permits, the applicant shall submit a recorded deed describing Lot B of Recorded Exemption #3166, upon which the Building Permit is requested with the Building Permit applications. 13. 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. 2004-1464 PL1722 DEVELOPMENT STANDARDS - SCOTT AND NANCY VERMILYEA (USR #1468) PAGE 2 14. A Plan Review is required. Details shall be submitted to the Department of Building Inspection to explain all structural and life safety aspects of this conversion. 15. This building shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Currently,the following have been adopted by Weld County:2003 International Residential Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National Electric Code, and Chapter 29 of the Weld County Code. 16. Building height shall be limited to the maximum height allowed per the 2003 International Residential Code. Wall and opening protection and limitations shall be in accordance with the 2003 International Residential Code. Separation of buildings of mixed occupancy classifications shall be in accordance with Section R309.2 of the International Residential Code. Setback and offset distances shall be determined by Chapter23 of the Weld County Code. 17. Building height shall be measured in accordance with the 2003 International Residential 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. 2004-1464 PL1722 DEVELOPMENT STANDARDS - SCOTT AND NANCY VERMILYEA (USR#1468) PAGE 3 24. Personnel from Weld County Departments 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 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 facility shall utilize the existing public water supply(North Weld County Water District). 28. The Use by Special Use 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. 29. Personnel from the Weld County Departments of Public Health and Environment, Planning Services, and Public Works 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. 2004-1464 PL1722 Hello