HomeMy WebLinkAbout20030084.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1399 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 - RONALD AND JAIME SISNEROS
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 Ronald and Jaime Sisneros, 7315 Jellison Street, Arvada, Colorado
80005-3855, for a Site Specific Development Plan and Use by Special Review Permit#1399 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:
Lot A of Recorded Exemption #1822; being part of
the S1/2 SW1/4 of Section 9, Township 1 North,
Range 66 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 23-2-230.6.1 -- 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.B.2 --The proposed use is consistent with the intent of
the A (Agricultural)Zone District.
n ^,,� 2003-0084
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SPECIAL REVIEW PERMIT#1399 - RONALD AND JAIME SISNEROS
PAGE 2
c. Section 23-2-230.6.3 --The uses which will be permitted will be
compatible with the existing surrounding land 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.
e. Section 23-2-230.B.5 —The site does not lie within any Overlay Districts.
f. Section 23-2-230.8.6 —The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use.
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 Ronald and Jaime Sisneros for a Site Specific
Development Plan and Use by Special Review Permit#1399 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. Prior to recording the plat:
A. The plat shall be labeled USR-1399.
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.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
D. The applicant shall submit a paper copy of the plat for preliminary
approval to the Weld County Department of Planning Services.
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SPECIAL REVIEW PERMIT#1399 - RONALD AND JAIME SISNEROS
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2. Upon completion of Condition #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 the
Department of Planning Services. 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.
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 macs@ co.weld.co.us.
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 System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County I.S.D.S.
Regulations.
5. 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#1399 - RONALD AND JAIME SISNEROS
PAGE 4
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.
B D OF COUNTY COMMISSIONERS
W COU TY, COO DO
ATTEST: Lea
ll ��i^1:';' D id . Lon , Ch i
Weld County Clerk toth•�:o- x ev,
` 1861 � 1�GI1/42 Robert apden, ro-Tem
BY:
Deputy Clerk to the Bo '((JN
��.►� M. . Geile
APP D AS • EXCUSED
Willr H. Je
my ome !luQ���
Glenn Vaad
Date of signature: 7-
2003-0084
PL1642
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RONALD AND JAIME SISNEROS
USR#1399
1. The Site Specific Development Plan and Use by Special Review Permit is for a Single
Family Dwelling Unit(other than those permitted by 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. The approved second residence does not constitute justification for further land splits.
4. 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.
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, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. 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.
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. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
11. A Building Permit shall be obtained prior to the construction or installation of any building
on this property.
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.
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 (UBC); 1998 International Mechanical Code (IMC); 1997
International Plumbing Code (IPC); 1999 National Electrical Code (NEC), and Chapter 29
of the Weld County Code.
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DEVELOPMENT STANDARDS - RONALD AND JAIME SISNEROS (USR#1399)
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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.
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 Chapter 23 of the Weld County Code.
16. Building height shall be measured in accordance with the 1997 UBC for the purpose of
determining the maximum building size and height for various uses and types of
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 Chapter 23
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.
17. The access shall be placed in such a location that there is adequate sight distance in both
directions, not below the crest of a hill, or near any physical objects. If a drainage culvert
is required at the access point to Weld County Road 10, a 15-inch corrugated metal pipe
is the County's minimum size requirement. If the applicant chooses to place a larger
culvert, contact the Public Works Department to adequately size the culvert.
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.
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 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.
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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.
24. The applicant or property owner of record shall apply for a Recorded Exemption within six
months of expiration of the ten-year rule(no later than August 22, 2006). If said Recorded
Exemption is approved,the applicant or property owner of record shall request that Use by
Special Review Permit#1399 be vacated.
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