HomeMy WebLinkAbout20030966.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1420 FOR A SINGLE FAMILY DWELLING(OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE) IN THE
A (AGRICULTURAL) ZONE DISTRICT -ANGELA CONNER / RAEANN SMITH
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 Angela Conner,23090 Weld County Road 30, Hudson,Colorado 80642,and Raeann
Smith, 23094 Weld County Road 30, Hudson, Colorado 80642, for a Site Specific Development
Plan and Use by Special Review Permit #1420 for a Single Family Dwelling (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 NW1/4 of Section 25, Township 3 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.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) 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.A.12 -- 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, 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 applicants'stated purpose for the Use
by Special Review is to provide a building site for family members.
2003-0966
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SPECIAL REVIEW PERMIT#1420 - ANGELA CONNER / RAEANN SMITH
PAGE 2
c. Section 23-2-230.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. 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. A rural agricultural residence is compatible with the
surrounding property uses.
d. Section 23-2-230.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 23-2-230.A.5 --The site does not lie within any Overlay Districts.
f. Section 23-2-230.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 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.
g. Section 23-2-230.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 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 Angela Conner and Raeann Smith for a Site Specific
Development Plan and Use by Special Review Permit#1420 for a Single Family Dwelling (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:
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.
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SPECIAL REVIEW PERMIT#1420 - ANGELA CONNER / RAEANN SMITH
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2) Weld County Road 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.
3) The applicant shall utilize the existing access to the parcel from Weld
County Road 30. The access drive shall be surfaced with gravel,
asphalt, concrete, or the equivalent, and shall be graded to prevent
drainage problems.
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, please contact the Weld County
Department of Public Works to adequately size the culvert.
B. 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. 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.
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 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.
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 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
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SPECIAL REVIEW PERMIT#1420 - ANGELA CONNER / RAEANN SMITH
PAGE 4
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 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
W COU ITY, CO ORA O
ATTEST: L1/ A `s cu
r � avid E Long, Chain
Weld County Clerk to the = ear' O
"j " bert D. en, Pro-T m
BY: .1'/_i - CO
Deputy Clerk to the Bo�y``I(� \ M. J. eile
APPROVED AS TO FORM: r')7
William H. Jere
ounty Attorney
Glenn Vaad
Date of signature: S/-�9
2003-0966
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANGELA CONNER/ RAEANN SMITH
USR#1420
1. The Site Specific Development Plan and Use by Special Review Permit is for a Single
Family Dwelling (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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
10. Further subdivision of this parcel will require the vacation of Use by Special Review Permit
#1420.
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. 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.
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.
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DEVELOPMENT STANDARDS - ANGELA CONNER / RAEANN SMITH (USR#1420)
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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.
15. 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.
16. 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.
17. Any future structures or uses on site must obtain the appropriate zoning and Building
Permits.
18. The historical flow patterns and run-off amounts will be maintained on the 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 stormwater run-off.
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.
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 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.
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.
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