HomeMy WebLinkAbout20041781 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1477 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 - DAVID AND DARLENE ROTHROCK
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 21st day of
July, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of David and Darlene Rothrock, 5679 Weld County Road 43, Hudson, Colorado 80642,
for a Site Specific Development Plan and Use by Special Review Permit#1477 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 B of Recorded Exemption #3635; being part of
the NW1/4 of Section 4,Township 1 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Anne Best-Johnson, Todd Hodges Design,
LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, 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 23-2-230.6 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, in the A (Agricultural) Zone
District, subject to a Use by Special Review Permit.
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Pr• .' p2, /-9/6 /-/c ce-.> /47—n er-t3 .Cx/
SPECIAL REVIEW PERMIT #1477 - DAVID AND DARLENE ROTHROCK
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 site is surrounded by rural
agricultural properties to the north, east, south, and west. There is currently
a stick-built residence and a mobile home on the property. The mobile
home was originally authorized as a temporary accessory to the farm use
by the Department of Planning Services under Certificate of Compliance,
COC-970010. The applicants are proposing to allow the mobile home to
remain on the property through this Use by Special Review Permit. 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. A rural agricultural residence is compatible with the
surrounding property 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 is
within a three-mile radius from the Town of Hudson which reviewed the
request and indicated no conflict with its interests in a referral received
May 15, 2004.
e. Section 23-2-230.8.5 — 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 23-2-230.6.6 --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 if Irrigated","Irrigated Land, Non Prime"and"Prime"land.
The location of the two residences does not impact the agricultural viability
of the property.
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 David and Darlene Rothrock for a Site Specific
Development Plan and Use by Special Review Permit #1477 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:
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SPECIAL REVIEW PERMIT#1477 - DAVID AND DARLENE ROTHROCK
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. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1477.
2) The attached Development Standards.
3) Adherence to Section 23-2-260.D of the Weld County Code which
pertains to the preparation of the Use by Special Review Permit
Plan Map.
4) Weld County Road 43 is designated on the Road Classification Plan
as a local gravel road, which requires a 60-foot 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 Road 43 shall be delineated
on the plat as right-of-way. This road is maintained by Weld County.
5) The Use by Special Review is located on Lot B of an existing
Recorded Exemption (RE-3635). A 30-foot access easement is in
place through the existing RE-3635 and identified in USR-1477. The
applicants shall identify this access on the map and utilize this
access for the residential access.
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.
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SPECIAL REVIEW PERMIT #1477 - DAVID AND DARLENE ROTHROCK
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
N\ I / % WELD COUNTY, COLORADO
/ /kii• EXCUSED
1661 it"' rai
✓
%'� �f Robert D. Masden, Chair
'"it- o "'+v erk to the Board
♦ .C•1
e William H. rke, Pro-Tern
,
Deputy Cler to the Board `I oGc.
M. . le
RO D AS TO i o
David E. Long
ounty Attoine _
Glenn Vaad
Date of signature: ? -y'0,
2004-1781
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID AND DARLENE ROTHROCK
USR #1477
1. The Site Specific Development Plan and Use by Special Review Permit #1477 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 and fugitive particulate emissions shall be controlled on this site.
7. 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.
8. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
10. The single family residence shall be for family members and/or employees of the 2dr Cattle
Company only. The home shall not be used as a rental for non-family members and
non-employees of the farm.
11. 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.
12. Building Permits shall be obtained prior to any new 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.
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DEVELOPMENT STANDARDS - DAVID AND DARLENE ROTHROCK (USR #1477)
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13. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; 2002 National Electrical Code, and Chapter 29 of the Weld
County Code.
14. 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.
15. 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. Offset and setback requirements are measured to the farthest projection from the
building.
16. Any future structures or uses on the site must obtain the appropriate Zoning and Building
Permits.
17. 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.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
20. 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.
21. 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.
22. 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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DEVELOPMENT STANDARDS - DAVID AND DARLENE ROTHROCK (USR #1477)
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23. 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.
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