HomeMy WebLinkAbout20030967.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, 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-1420
APPLICANT: Angela Conner/RaeAnn Smith
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Part of the NW4 of Section 25, T3N, 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 (other than those permitted under Section 23-3-20.A)
in the Agricultural Zone District.
LOCATION: South of and adjacent to WCR 30; approximately 1/4 mile west of WCR
49.
be recommended favorably to the Board of County Commissioners 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 Department of Planning Services' staff 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)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 23-2-220.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 and 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 agricultural with some
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 not within a three mile radius of any municipality.
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
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 Imma►
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 restore and refurbish the
farm back to its original condition for a small ranching operation. all
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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 m
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2003-0967 _
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Resolution USR-1420
Angela Conner
Page 2
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 Commission's 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) WCR 30 is designated on the Transportation Plan Map as a collector status road,
which requires an 80-foot right-of-way at full build out. There is presently a 60-foot
right-of-way. A total of 40 feet from the centerline of Weld County Road 30 shall
be delineated on the plat as right-of-way reservation for future expansion of Weld
County Road 30.This road is maintained by Weld County. (Department of Public
Works)
3) The applicant shall utilize the existing access to the parcel from WCR 30. The
access drive shall be surfaced with gravel,asphalt,concrete,or the equivalent and
shall be graded to prevent drainage problems. (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 minimum size. I f the
applicant chooses to place a larger culvert please contact the Weld County
Department of Public Works to adequately size the culvert. (Department of Public
Works)
B. The applicant must obtain a building permit for a manufactured home and must comply with
all installation standards of Chapter29 of the Weld County Code applicable to manufactured
homes prior to locating the manufactured home on the property. The manufactured home
shall be placed on a permanent foundation to meet the requirements of a single family
dwelling.
C. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources, demonstrating that the well is appropriately
permitted.
D. 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. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed structure and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
Resolution USR-1420
Angela Conner
Page 3
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
4. 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 Department of
Planning Services'Staff. 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.
5. 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
en., RaeAnn Smith/Angela Conner
USR-1420
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 Ill, 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 Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Department of Public Heath and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Heath
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 Heath and
Environment)
6. Fugitive dust shall be controlled on this site. (Department of Public Heath 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 Heath 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 Heath and
Environment)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Heath and Environment)
10. Further subdivision of this parcel will require the vacation of USR-1420 (Department of Planning
Services)
11. 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)
12. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the property.
All other items considered to be part of a noncommercial junkyard must also be removed from
the property or screened from adjacent properties and public rights-of-way.
(Department of Planning Services)
13. The applicant and/or potential purchasers should be aware that the lot may not be eligible for a
domestic well permit which allows for outside irrigation and/or the watering of stock animals. The
State Division of Water Resources issues all well permits. (Department of Planning Services)
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14. Prior to the release of building permits, the applicant shall submit a recorded deed describing the
Lot upon which the building permit is requested with the building permit applications.
(Department of Planning Services)
Resolution USR-1420
Angela Conner
Page 2
15. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
16. 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 Code, the required setback is measured from the future right-of-way line.
(Department of Planning Services)
17. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
19. 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)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
22. Personnel from Weld County Departments 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.
23. 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.
24. 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.
Resolution USR-1420
Angela Conner
Page 3
Motion seconded by Bernie Ruesgen
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
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 April 1, 2003.
Dated the 1s`of April, 2003.
iQD
Voneen Macklin
Secretary
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