HomeMy WebLinkAbout20030058.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bernie Ruesgen, along with the changes to Development Standard #10, 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-1404
APPLICANT: Bayo Alarape and Karen Crowe
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Part of the NE4 of Section 20, Ti N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a
single family dwelling unit(other than those permitted under Section 23-3-
20.A) in the Agricultural Zone District.
LOCATION: South of and adjacent to WCR 8; approximately 1/2 mile west of WCR 41.
be recommended favorably to the Board of County Commissioners for the following reasons:
THE PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.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 23-2-220.A.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 Chapter 23, Article III, Division 1, Section 23-3-20.A, in the A (Agricultural) Zone
District,subject to a Use by Special Review Permit. There is currently one home located on
the property which is occupied by the applicant. The applicant's stated purpose for the Use
by Special Review is to provide a building site for family members.
c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties are predominantly rural residential in
use. 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 23-2-220.A.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 of the Towns of Hudson and
Lochbuie, and Adams County. The Town of Hudson indicated no conflicts with their
interests.The Town of Lochbuie and Adams County did not respond to the referral request.
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts. 4
EXHIBIT
2003-0058
(ASIZ-444 `f
Resolution USR-1404
Bayo Alarape and Karen Crowe
Page 2
f. Section 23-2-220.A.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 applicant has
indicated the balance of the land will stay in agricultural use to raise registered Angus.
g. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the neighborhood and County.
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.
The Planning Commissions' recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the 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. (Department
of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Adherence to Section 23-2-260.D of the Weld County Code which pertains to the
Special Review Permit Plan Map. (Department of Planning Services)
2) Weld County Road 8 is designated on the Weld County Transportation Plan Map
as a collector status road, which requires 80 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of
Weld County Road 8 shall be delineated right-of-way on the plat. This road is
maintained by Weld County. (Department of Public Works)
3) An additional 10 feet of property parallel to WCR 8 shall be reserved for right-of-
way for future build out. (Department of Public Works)
4) 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 point. If a drainage culvert is required, a
15 inch C orrugated Metal Pipe (CMP) i s Weld C ounty's minimums ize. I f the
applicant chooses to place a larger culvert please contact the Weld County
Department of Public Works to adequately size the culvert.
B. The existing residence shall use the existing residential access point as no additional
accesses shall be granted. (Department of Public Works)
C. 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. (Department of Planning Services)
3. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bayo Alarape/Karen Crowe
USR-1404
1. The Site Specific Development Plan and Special Use Permit is for a Single Family Dwelling Unit,
Other than Those Permitted under Chapter 23, Article III, Division 1, 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. All liquid and solid wastes (as defined in the S olid Wastes Disposal Sites and F acilities A ct,
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. (Department of Public Health and Environment)
4. No permanent disposal of wasted shall be permitted at the 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 Environment)
5. 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)
6. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
7. 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)
8. 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)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
10. Direct access from the public road shall be limited to on access per residential unit.
(Department of Public Works)
11. Further subdivision of this parcel will require the vacation of USR-1404 (Department of Planning
Services)
12. The single family residence shall be for family members only. The home shall not be used as a
rental for non-family members. (Department of Planning Services)
13. All proposed or existing structures will or do 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 Zoning Ordinance, the required setback is measured from the future right-of-way line.
(Department of Planning Services)
14. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
15. 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.(Department of Public Works)
Resolution USR-1404
Bayo Alarape and Karen Crowe
Page 2
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
18. Personnel from the Weld County Departments of Public Health and Environment, Public Works and
Planning Services 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.
19. 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.
20. 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.
Motion seconded by James Rohn
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.
Voneen Macklin
Secretary
Hello