HomeMy WebLinkAbout20012527.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1345 FOR ONE SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY
CODE IN THE A (AGRICULTURAL) ZONE DISTRICT -SETH AND KAYE WARD
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 26th day
of September, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Seth and Kaye Ward, 34283 Weld County Road 33, Greeley,
Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit
#1345 for one single-family dwelling unit per lot 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 and N1/2 SW1/4 of Section 3,
Township 6 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Bob Mechels, Vaught Frye Architects, 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.
2001-2527
pC ; ,4 W/14ie), Pa A j 49 PL1554
SPECIAL REVIEW PERMIT#1345 - SETH AND KAYE WARD
PAGE 2
b. Section 23-2-230.B.2 --The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.L of the Weld County
Code provides for one single-family dwelling unit per lot other than those
permitted under Section 23-3-20.A of the Weld County Code as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 --The uses which will be permitted will be
compatible with the existing surrounding land uses. Surrounding
properties to the east, south and west are agricultural in nature. The
Windsor Reservoir Recreation facility lies to the north. The proposal
should have little, if any, negative impact to the surrounding properties.
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 Windsor and Severance. The Town of Severance indicated
no conflicts with its interests. The Town of Windsor did not respond to
the referral request.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5 of the
Weld County Code. Effective December 1, 1999, building permits issued
on the lot will be required to adhere to the fee structure of the Windsor
Road Impact Program.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is designated as "Prime" by the U.S.D.A. Soil
Conservation Service and the Colorado State University Cooperative
Extension Service. The proposed building site is located in close
proximity to the existing single family residence at the highest point on
the property. This location has historically occupied the development on
the lot and will have little, if any, effect on the agricultural production of
the site.
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.
2001-2527
PL1554
SPECIAL REVIEW PERMIT#1345 - SETH AND KAYE WARD
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Seth and Kaye Ward for a Site Specific
Development Plan and Use by Special Review Permit#1345 for one single-family dwelling unit
per lot other than those permitted under Section 23-3-20.A of the Weld County Code in the
A (Agricultural) Zone District on the hereinabove described parcel of land 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) Weld County Road 19 is designated on the Windsor Study Area
Capacity Improvement Needs 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 19 shall be delineated on the plat as right-of-
way reservation for future expansion of Weld County Road 19.
This road is maintained by Weld County.
B. The applicant shall submit evidence that the existing water tap is
permitted to service both homes, or that a second water tap has been
purchased.
3. The Use by Special Review activity shall not occur until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
2001-2527
PL1554
SPECIAL REVIEW PERMIT#1345 - SETH AND KAYE WARD
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of September, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: fin,'/ G �L `� EXCUSED DATE OF SIGNING (AYE)
M. J eile, Ch it
Weld County Clerk tot B
iasi 45:2 ✓ 4 C�
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Glenn Vaad, Pro-Tem
BY: - -. •
Deputy Clerk to the :UN /.
Jerke
APPR" V D AS T •
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Code ty orne
Robed D. Masden
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Date of signature:
2001-2527
PL1554
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SETH AND KAYE WARD
USR#1345
1. The Site Specific Development Plan and Use by Special Review Permit is for one
single-family dwelling unit per lot 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. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
5. Fugitive dust shall be controlled on this site.
6. The 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.
7. The facility shall utilize the existing public water supply(North Weld County Water District).
8. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, pursuant to Section 25-8-205.5 Colorado Water Quality Control
Act and Rules and Regulations thereof.
9. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Windsor Service Area Road Impact Program.
10. The property owner shall utilize the existing residential access to this parcel. No new
accesses shall be granted.
11. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems.
12. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
13. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
2001-2527
PL1554
DEVELOPMENT STANDARDS - SETH AND KAYE WARD (USR#1345)
PAGE 2
14. Personnel from the Weld County Departments of Public Health and Environment 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.
15. 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.
16. 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.
2001-2527
PL1554
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