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HomeMy WebLinkAbout20030085.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephan Mokray, 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-1399 APPLICANT: Ronald and Jaime Sisneros PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lot A of RE-1822; being part of the S2 SW4 of Section 9, Ti N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Use by Special Review Permit for one single-family dwelling unit other than that permitted by Section 23-3- 20.A in the A(Agricultural)Zone District. LOCATION: North of and adjacent to WCR 10; approximately 1/3 mile east of WCR 29. be recommended favorably to the Board of County Commissioners for the following reasons: This recommendation is based,in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. Should the Board choose to approve the application, Planning Commission recommends the following be added as Conditions of Approval: /'` 1. Prior to recording the plat: A. The plat shall be labeled USR-1399 (Department of Planning Services) B. The applicant shall address the requirements of Weld County School District RE-8 as stated in the referral response dated October 16, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) D. The applicant shall submit a paper copy of the plat for preliminary approval to the Weld County Department of Planning Services. (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(52co.weld.co.us. (Department of Planning Services) EXHIBIT 2003-0085 -- CASE. 44/343 Resolution USR-1399 Ronald Sisneros Page 2 4. Prior to issuing the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed home and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) r SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Ronald L. and Jaimi Lynn Sisneros USR-1399 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 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 approved second residence does not constitute justification for further land splits.(Department of Planning Services) 4. All I iquid a nd solid wastes (as d efined i n the Solid Wastes D isposal S ites and F acilities A ct, 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 n Environment) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 7. Fugitive dust 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. A building permit shall be obtained prior to the construction of,or the installation of, any building on this property. (Building Inspection) 12. A plan review is required for each building for which a building permit is required. 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. (Building Inspection) 13. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County:1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 1999 National Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection) Resolution USR-1399 Ronald Sisneros Page 2 14. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Building Inspection) 15. Fire resistance of walls and openings,construction requirements,height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. (Building Inspection) 16. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose o f determining the maximum buildings ize and h eight for various uses and types o f construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter23 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. (Building Inspection) 17. If a drainage culvert is required at the access point to WCR 10, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size the culvert.(Department of Public Works) 18. 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. (Department of Planning Services) 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 21. 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. 22. 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. 23. 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. r Resolution USR-1399 Ronald Sisneros Page 3 Motion seconded by Cathy Clamp VOTE: For Passage Against Passage Absent Fred Walker Michael Miller John Folsom Cathy Clamp Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Bernard Ruesgen 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 December 3, 2002. Dated the 3r° of December, 2002. VNCO Voneen Macklin Secretary Hello