HomeMy WebLinkAbout20041296.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1463 FOR A SINGLE FAMILY DWELLING UNIT, OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE (GUEST
HOUSE), IN THE A (AGRICULTURAL) ZONE DISTRICT - DARLENE BLANEY
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 26th day of
May, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Darlene Blaney, 56145 Weld County Road 21, Carr, Colorado 80612, for a Site
Specific Development Plan and Use by Special Review Permit#1463 for a Single Family Dwelling
Unit,other than those permitted under Section 23-3-20.A of the Weld County Code(guest house),
in the A (Agricultural) Zone District on the following described real estate, to-wit:
S1/2 of SE1/4 of Section 22, Township 10 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Thomas Honn,THinc. Professional Planning
Consulting, 1601 Quail Hollow Drive, Fort Collins, Colorado 80525, 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 Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The 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.
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SPECIAL REVIEW PERMIT#1463 - DARLENE BLANEY
PAGE 2
c. Section 23-2-230.B.3--The uses which will be permitted will be 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.
e. Section 23-2-230.6.5 --The site does not lie within any Overlay Districts.
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.
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 Darlene Blaney for a Site Specific Development Plan and
Use by Special Review Permit#1463 for a Single Family Dwelling Unit,other than those permitted
under Section 23-3-20.A of the Weld County Code(guest house),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 pages of the plat shall be labeled USR-1463.
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.
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 Weld County Road 21.
2) Weld 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 Weld County
Road 21 shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
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SPECIAL REVIEW PERMIT#1463 - DARLENE BLANEY
PAGE 3
D. 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.
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
mapsco.weld.co.us.
4. 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 26th day of May, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
• Ma€411 flik,___
Robert D. Masden, Chair
ty Clerk to the Board
William H. J ke, Pro-Tem
U . deputy Clerk to the Board n
M. J. eile
A V AS E EXCUSED
David. Long
�UI�C Gt
�nty ttorneyttorney a
Glenn Va
Date of signature: in- g ��
2004-1296
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DARLENE BLANEY
USR #1463
1. The Site Specific Development Plan and Use by Special Review Permit#1463 is fora Single
Family Dwelling Unit, other than that permitted by Section 23-3-20.A of the Weld County
Code (guest house), 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. The historical flow patterns and run-off amounts will be maintained on the 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.
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 for final 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. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
10. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
11. Further subdivision of this parcel will require the vacation of Use by Special Review
Permit#1463.
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.
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.
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DEVELOPMENT STANDARDS - DARLENE BLANEY (USR #1463)
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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.
17. 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.
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.
2004-1296
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