HomeMy WebLinkAbout20030278.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1408 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 - CHARLES AND MARIAN BAUM
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 19th day
of February, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Charles and Marian Baum, 8519 Weld County Road 21, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit
#1408 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:
Part of the NE1/4 of Section 22, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present 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.B.1 -- The proposed use is consistent with the Weld
County Code. The Conditions of Approval and Development Standards
ensure that this proposal is consistent with the Weld County Code. The
applicants' stated purpose for the Use by Special Review is to permit a
mobile home for residential use for family members, which was previously
permitted for a Temporary Use During a Medical Hardship (ZPMH #463).
b. Section 23-2-230.6.2 --The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.L of the Weld County
2003-0278
PL1648
SPECIAL REVIEW PERMIT#1408 - CHARLES AND MARIAN BAUM
PAGE 2
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. There is currently one older
home occupied by the applicant, and has historically supported additional
homes that support or enhance the agricultural community or that are
intended for 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 and residential in use. 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. As a historic and previously permitted
use, the residence is in keeping with the surrounding property uses.
d. Section 23-2-230.B.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
the Comprehensive Plan or Master Plans of affected municipalities. The
site is located within the three-mile referral boundary area of the Towns of
Frederick, Firestone, and Fort Lupton which found no conflict with the
proposed Use by Special Review.
e. Section 23-2-230.6.5 -- The site does not lie in any Overlay District.
f. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 Charles and Marian Baum for a Site Specific
Development Plan and Use by Special Review Permit#1408 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:
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 Weld County
Board of County Commissioners.
2003-0278
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SPECIAL REVIEW PERMIT#1408 - CHARLES AND MARIAN BAUM
PAGE 3
2. Prior to recording the plat:
A. The applicant shall replace the existing Block and Tie installation with a
permanent engineered foundation approved and inspected by the Weld
County Department of Building Inspection.
B. The residences shall use the existing residential accesses as no
additional accesses shall be granted.
3. The plat shall be amended to include the following:
A. Weld County Road 21 is designated on the Weld County Transportation
Plan Map 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 right-of-
way on the plat.
B. All approved accesses shall be clearly shown on the plat.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
oar/ VNTY, COLORADO
ATTESTIG
/� yy �s - s! �t �� D id E. Long, Chair
Weld County Clerk to Y . . ;LAW —,I
I" ," Robert D. M den, Pro-Tem
BY: gam, Y � J1 / n \ti
Deputy Clerk to the Bo'':'a-.st
•
J. Bile
APP AS TO i 7-17/\-..-f
William H. Jerke
unty ttorn4y at ..
Glenn Vaad
Date of signature: a/5
2003-0278
PL1648
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHARLES AND MARIAN BAUM
USR#1408
1. The Site Specific Development Plan and Use by Special Review Permit 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.
2. Approval of this plan may create a vested property right pursuant to Chapter 23,Article VIII
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. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103, C.R.S.
7. The existing homes shall use the existing water service provided by the Central Weld
County Water District. Adequate hand washing and toilet facilities shall be provided.
8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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. 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. No building or structure, as defined and limited to those occupancies listed as
Groups A, B, E, H, I, M, and R in Table 3-A of the 1997 Uniform Building Code, shall be
constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any
wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius
of any wellhead, shall require a variance from the terms of the Section 23-6-10 of the Weld
County Code.
11. Any future structures or uses on site must obtain the appropriate zoning and building
permits.
2003-0278
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DEVELOPMENT STANDARDS - CHARLES AND MARIAN BAUM (USR#1408)
PAGE 2
12. 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 Weld County Code.
13. The applicant shall recognize, at all times, Weld County's Right to Farm as delineated in
Appendix 22-E of the Weld County Code.
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. The single family residence shall be for family members only. The home shall not be used
as a rental for non-family members.
17. Personnel from the Weld County Departments of Planning Services, Public Health and
Environment, 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.
18. 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.
19. 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.
2003-0278
PL1648
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