HomeMy WebLinkAbout20031019.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1421 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 - CORRINE LEWIS
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 14th day of
May, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Corrine Lewis, 14504 Weld County Road 3, Longmont, Colorado 80504, for a Site
Specific Development Plan and Use by Special Review Permit#1421 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:
S1/2 NW1/4 of Section 20,Township 3 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Troy Miller 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." 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. 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 of the Weld County Code, in the
A (Agricultural) Zone District, subject to a Use by Special Review Permit.
There is currently one home located on the property and the applicant's
stated purpose for the Use by Special Review is to provide a building site for
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SPECIAL REVIEW PERMIT#1421 - CORRINE LEWIS
PAGE 2
family members.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
predominantly agricultural with some rural residential uses. 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 23-2-230.6.4--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 the three-mile radius for the Town of Mead which reviewed the
request and found no conflicts with its interests.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5 of the
Weld County Code. Effective January 1, 2003, Building Permits issued on
the lot will be required to adhere to the fee structure of the Weld County
Road Impact Program.
f. Section 23-2-230.B.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 land will stay in
agricultural production.
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 Corrine Lewis for a Site Specific Development Plan and
Use by Special Review Permit#1421 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
parcel of land described above be, and hereby is, granted subject to the following conditions:
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:
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SPECIAL REVIEW PERMIT#1421 - CORRINE LEWIS
PAGE 3
A. The plat shall be labeled USR-1421.
B. The applicant shall submit a recorded deed upon which the home is to be
placed describing Lot B of Recorded Exemption #2133.
C. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment. The
Environmental Health Division of the Weld County Department of Public
Health and Environment was unable to locate a septic permit for the
residence on the northeastern part of the property. Any existing septic
system(s) which is not currently permitted through the Weld County
Department of Public Health and Environment will require an Individual
Sewage Disposal System (I.S.D.S.) Evaluation prior to the issuance of the
required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current
I.S.D.S. Regulations.
D. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Adherence to Section 23-2-260.D of the Weld County Code which
pertains to the Use by Special Review Permit Plan Map.
3) Weld County Road 3 is designated on the Transportation Plan Map
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. This road is
maintained by Weld County.
4) The applicant shall utilize the existing access to the parcel from Weld
County Road 3. The access drive shall be surfaced with gravel,
asphalt, concrete, or the equivalent and shall be graded to prevent
drainage problems.
5) 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 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.
E. The applicant must obtain a Building Permit for a manufactured home and
must comply with all installation standards of Chapter 29 of the Weld County
Code applicable to manufactured homes prior to locating the manufactured
home on the property.
F. The applicant shall provide the Weld County Department of Planning
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SPECIAL REVIEW PERMIT#1421 - CORRINE LEWIS
PAGE 4
Services with a certificate from the Weld County Treasurer showing no
delinquent taxes exist for the subject parcel.
3. 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 sixty (60) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
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 14th day of May, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
a� os��` WE OUNTY, COL RADO
SIG ! i I�G,/�
ATTEST: ,�%i',, �J\
a ec'• D vid E. Lo g, Ch it
Weld County Clerk to the :.: .: % ,n se?`e r/a/2 ! tor . / Robert D. Ma M en, Pro-Te
BY: (v i1 . O.�_:
Deputy Clerk to the Boar.%a.,j'
M. J. Geile
APPRO ED AS TO FORM: AA,.
A COI William H. Jerk
lacy County Attorney
Glenn Vaad —
Date of signature: 5/2,
2003-1019
PL1663
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CORRINE LEWIS
USR#1421
1. The Site Specific Development Plan and Use by Special Review Permit #1421 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 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. The facility shall utilize the existing public water supply from the Longs Peak Water District.
10. Further subdivision of this parcel will require vacation of Use by Special Review
Permit#1421.
11. The single family residence shall be for family members only. The home shall not be used
as a rental for non-family members.
12. 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.
13. 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.
14. Any future structures or uses on site must obtain the appropriate zoning and Building
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DEVELOPMENT STANDARDS - CORRINE LEWIS (USR#1421)
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Permits.
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.
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 Government 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 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.
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.
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