HomeMy WebLinkAbout20030057.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1404 FOR A SINGLE FAMILY DWELLING UNIT (OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20 IN THE A(AGRICULTURAL) ZONE
DISTRICT - BAY()ALARAPE AND KAREN CROWE
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 22nd day
of January, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Bayo Alarape and Karen Crowe, 19526 Weld County Road 8,
Hudson, Colorado 80642, for a Site Specific Development Plan and Use by Special Review
Permit#1404 for a Single Family Dwelling Unit (other than those permitted under Section 23-3-
20 in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the NE1/4 of Section 20, Township 1 North,
Range 65 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 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 23-2-230.8.2 --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
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PL1641
SPECIAL REVIEW PERMIT#1404 - BAYO ALARAPE AND KAREN CROWE
PAGE 2
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 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 23-2-230.B.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. 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.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
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 its interests. The Town of Lochbuie
and Adams County did not respond to the referral request.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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
balance of the land will stay in agricultural use to raise registered Angus.
g. Section 23-2-230.B.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 Bayo Alarape and Karen Crowe for a Site
Specific Development Plan and Use by Special Review Permit#1404 for a Single Family
Dwelling Unit (other than those permitted under Section 23-3-20 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#1404 - BAYO ALARAPE AND KAREN CROWE
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) Adherence to Section 23-2-260.D of the Weld County Code which
pertains to the Use by Special Review Permit Plan Map.
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.
3) An additional 10 feet of property parallel to Weld County Road 8
shall be reserved for right-of-way for future build out.
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
Corrugated Metal Pipe (CMP) is Weld County's minimum size. If
the applicant chooses to place a larger culvert, contact the Weld
County Department of Public Works to adequately size the
culvert.
B. The existing residence shall use the existing residential access.
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.
3. 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.
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SPECIAL REVIEW PERMIT#1404 - BAY() ALARAPE AND KAREN CROWE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE CO lTY, COLORADO
ATTEST: £4/ �t /t . Iti�
David E L ng, Chai
Weld County Clerk to :SB.d'�
A BY: 21 . 7 Robert D. asden, Pro-Tem
Deputy Clerk to the Booi•.�` �1
77 . . eile
APP-P2WED AS TO-FOth: EXCUSED
,itz,zr---/...c.„2„1.___
William . Jernty Attorneyja
s
Glenn Vaad—— -
Date of signature:
2003-0057
PL1641
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BAY()ALARAPE AND KAREN CROWE
USR#1404
1. The Site Specific Development Plan and Use by Special Review Permit #1404 is for a
Single Family Dwelling Unit, other than those permitted under Chapter 23, Article Ill,
Division 1, 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 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, 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
10. Direct access from the public road shall be limited to one access per residential unit.
11. Further subdivision of this parcel will require the vacation of Use by Special Review#1404.
12. The single family residence shall be for family members only. The home shall not be used
as a rental for non-family members.
13. The applicant shall replace existing block and tie installation with a permanent,engineered
foundation approved and inspected by the Weld County Department of Building Inspection,
to be completed within nine (9) months from the date of approval.
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DEVELOPMENT STANDARDS - BAYO ALARAPE AND KAREN CROWE (USR#1404)
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14. 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 Zoning Ordinance, the required setback is measured from the future
right-of-way line.
15. Any future structures or uses on site must obtain the appropriate zoning and Building
Permits.
16. 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.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
19. 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.
20. 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.
21. 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.
22. Site Specific Development Plan and Use by Special Review Permit#1404 is only approved
for the current applicants and their heirs.
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