HomeMy WebLinkAbout20003111.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller 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:
Planner: Robert Anderson
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Case#: USR-1297 0
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Applicant: Bradley & Heidi Windell
11044 WCR 22.5 I —�
Fort Lupton, CO 80621 C) if
Request: A Site Specific Development Plan and a Special Review Permit fora Single Family Dwe ltig
Unit, Other than Those Permitted under Section 31.2.1, in the Agricultural Zone District
Legal: Parcel 1A Lupton Meadows Subdivision, PT/S2, SEC 12, T2N, R67W, 6TH
PM., Weld County, CO
Location: South/Adjacent Weld County Road 22.5 & .5 Miles West Weld County Road 25
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 24.7 of the
Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance as follows:
a. Section 24.3.1.1 -The proposed use is consistent with the Weld County Comprehensive
Plan.A. Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture".The U.S.D.A. soils maps indicate that the
soils on this property are designated"Irrigated Not Prime"land.The Conditions of Approval
and Development Standards can ensure that this proposal is consistent with the Weld
County Comprehensive Plan.
b. Section 24.3.1.2 --The proposed use is consistent with the intent of Agricultural Zone
District. Sections 31.2.1 and 31.4.13 of the Weld County Zoning Ordinance provides for
Multiple Family or Auxiliary Dwellings in the Agricultural Zone District, subject to a Use by
Special Review Permit.
c. Section 24.3.1.3--The uses which would be permitted will be compatible with the existing
surrounding land uses. The surrounding properties are predominantly agricultural and
residential in use. Conditions of approval and development standards are proposed to
ensure that the applicant's projected uses will remain compatible with the existing
surrounding land uses.
d. Section 24.3.1.4 --The uses which would 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 the Comprehensive Plan or Master Plans of affected
municipalities. The site is not located within the referral boundary area of any incorporated
or unincorporated municipalities.
[4. EXHIBIT
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2000-3111
RESOLUTION, USR-1297
Bradley and Heidi Windell
Page 2
e. Section 24.3.1.5 --The application complies with the Weld County Zoning Ordinance,
Section 50, Overlay District Regulations if the proposal is located within the Overlay District
Areas identified by maps officially adopted by Weld County.The site does not lie within any
Overlay Districts.
f. Section 24.3.1.6--If the use is proposed to be located in the A-District, that the applicant
has demonstrated a diligent effort has been made 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 "Irrigated Not Prime" land.
g. Section 24.3.1.7 ---The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance),
Conditions of Approval, and 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 Department of Planning Services'staff 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 recording the plats for the required Recorded Exemption and
Subdivision Exemption by the Department of Planning Services. (Dept. of Planning)
2. Prior to recording the plat:
A. The applicant shall improve the Eastern Access Road,with the addition of gravel and grade
to provide all-weather access to the parcel. (Department of Planning Services and Dept.
of Public Works)
B. The plat shall be amended to include the following:
1) Weld County Roads 22.5 and 25 are designated on the Transportation Plan Map
as local gravel roads, which require 60 feet of right-of-way at full build out. There
is presently 60 feet of right-of-way. A total of 30 feet from the centerline
of Weld County Roads 22.5 and 25 shall be delineated on the plat These roads are
maintained by Weld County. (Dept. of Public Works)
2) The Landscape and Screening plan, to include type of screening material, as well
as a planting and maintenance schedule for the site. (Dept. of Planning Services)
C. The following notes shall be placed on the Plat:
1) 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 Zoning Ordinance, the required setback
is measured from the future right-of-way line.
RESOLUTION, USR-1297
Bradley and Heidi Windell
Page 3
No building or structure as defined and limited to those occupancies listed as
Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall
be constructed within a 200-foot radius of any tank battery or within a 150-foot
radius of any wellhead. Any construction within a 200-foot radius of any tank
battery or 150-foot radius of any wellhead shall require a variance from the terms
of the Weld County Zoning Ordinance, Section 61.3.
2) Any future structures or uses on site must obtain the appropriate zoning and
building permits.
3) 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 Weld County Ordinance 169A.
4) The applicant shall recognize Weld County's Right-to-Farm at all times. Weld
County's Right-to-Farm statement as it appears in the October 31, 2000 Weld
County Comprehensive Plan shall be placed on the Plat.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Fred Walker
Arlan Marrs Bryant Gimlin
John Folsom
Michael Miller
Jack Epple
Stephen Mokray
Cathy Clamp
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, Trisha Swanson, 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 November 21, 2000.
Dated the 21'of November, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bradley and Heidi Windell, USR-1297
1. A Site Specific Development Plan and a Special Review Permit for a Single Family Dwelling Unit,
Other than Those Permitted under Section 31.2.1, in the Agricultural Zone District, as indicated in
the application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance. (Dept. 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. (Dept. of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health 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. (Dept. of Public Health and Environment)
6. 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. (Dept. of Public Health and Environment)
7. The existing homes shall use the existing septic systems. (Dept. of Public Health and Environment)
8. The existing homes shall use the existing private wells. (Dept. of Public Health and Environment)
9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof (Dept. of Public Health and Environment)
10. 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.
11. 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.
12. 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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