HomeMy WebLinkAbout20011455.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1325 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 - EDWARD AND JANET SCHMIDT
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 20th day
of June, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Edward and Janet Schmidt, 24430 Weld County Road 58, Greeley,
Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit
#1325 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 B of Recorded Exemption #2090; part of the
E1/2NW1/4, and part of the NE1/4SW1/4 of
Section 18, Township 5 North, Range 64 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicants were represented by William Hughes, Attorney at Law,
1100 10th Street#402, P.O. Box 730, Greeley, Colorado 80632, 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 applicants 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 applicants have
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 —The proposed use is consistent with the Weld
County Code. 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 "Prime." The Conditions of Approval and
Development Standards ensure that this proposal is consistent with the
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SPECIAL REVIEW PERMIT#1325 - EDWARD AND JANET SCHMIDT
PAGE 2
Weld County Code. The applicants' stated purpose for the Use by
Special Review is to provide a building site for family members to live in
while providing part-time assistance to the farming operation.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
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
older home occupied by the applicants, the applicants' stated purpose for
the Use by Special Review is to provide a building site for family
members to live in while providing part-time assistance to the farming
operation.
c. Section 23-2-230.6.3 —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. 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 in
keeping with the surrounding property 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
the Comprehensive Plan or Master Plans of affected municipalities. The
site is located within the three-mile referral boundary area of the Town of
Kersey which found no conflict with the proposed Use by Special Review.
A rural agricultural residence is in keeping with the potential future
surrounding property uses.
e. Section 23-2-230.B.5 —The application complies with the Weld County
Code, Overlay District Regulations, if the proposal is located within the
Overlay District Areas identified by maps officially adopted by Weld
County. The site lies within the Airport Overlay District. A referral received
March 12, 2001, from the Greeley-Weld County Airport Board Authority
found no conflict with the proposed use.
f. Section 23-2-230.6.6 --The applicants have 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 applicants are proposing a
relatively small Building Envelope with appropriate and adequate access.
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SPECIAL REVIEW PERMIT#1325 - EDWARD AND JANET SCHMIDT
PAGE 3
g. Section 23-2-230.6.7—The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 Edward and Janet Schmidt for a Site Specific
Development Plan and Use by Special Review Permit#1325 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 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 Weld County
Board of County Commissioners.
2. Prior to recording the plat:
A. In accordance with Chapter 8, Article II, of the Weld County Code, the
proposed new residence shall be granted one residential access. Direct
access from a public road shall be limited to one access per legal parcel
for residential use, no circle drives or additional accesses shall be
granted. The road shall be graded and drained to provide all-weather
access. Accesses shall be placed in such a location as to have adequate
sight distance in both directions, and shall not be placed below the crest
of a hill or where physical obstructions are present.
B. The existing residence shall use the existing residential access as no
additional accesses shall be granted.
C. The farming operation shall use the existing agricultural/oil and gas/ditch
road accesses necessary for agricultural operations as no additional
accesses shall be granted.
D. The applicants shall attempt to address the requirements of Weld County
School District RE-7 as stated in the referral response received March
14, 2001. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
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SPECIAL REVIEW PERMIT#1325 - EDWARD AND JANET SCHMIDT
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E. The applicants shall attempt to address the requirements of Weld County
Sheriffs Office as stated in the referral response received March 16,
2001. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
3. The plat shall be amended to include the following:
A. The Weld County Department of Planning Services approves the
applicants' proposed Building Envelope (320 feet X 520 feet) located
1,350 feet south of Weld County Road 58 and adjacent to Weld County
Road 49.5 right-of-way. The building envelope shall be delineated on the
plat.
B. Weld County Road 49.5 is designated on the Weld County
Transportation Plan Map as a local gravel road, which requires 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 Road 49.5 shall be
delineated right-of-way on the plat. This road is maintained by Weld
County.
C. All approved accesses shall be clearly shown on the plat. The applicants
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 applicants choose to place a larger culvert,
the Weld County Department of Public Works shall be contacted to
adequately size the culvert.
D. The applicants shall delineate a septic system replacement envelope on
the plat.
4. Prior to the issuance of Building Permits:
A. A Weld County septic permit is required for any proposed home. The
septic system shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations. Water Service shall be
obtained from Central Weld County Water District.
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SPECIAL REVIEW PERMIT#1325 - EDWARD AND JANET SCHMIDT
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C TY, COLORADO
Ley ATTEST: 1�Illy�� y` '1% 11��
. J. eile, Chair
Weld County Clerk tot .,+ .�`
O tO
EXCUSED
BY: Glenn Vaad, Pro-Tem
Deputy Clerk to the Bo�c f X21 ' 77 At
WilliJe
AP V D AS • y. -M:
1
un or ey
Robert D. asden
2001-1455
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EDWARD AND JANET SCHMIDT
USR#1325
1. A Site Specific Development Plan and Use by Special Review Permit#1325 is for a Single
Family Dwelling Unit, Other than Those Permitted under Section 23-3-20.A, in the A
(Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Chapter 23,Article VIII
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.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103 C.R.S.
7. The existing homes shall use the existing septic system and new construction shall obtain
a Weld County septic permit for the proposed home. The septic system shall be installed
according to the Weld County (I.S.D.S.) Regulations.
8. The existing home shall use the existing private well and the proposed new construction
shall use water provided by the Central Weld County Water District.
9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. (Section 25-8-205.5 Colorado Water Quality Control Act and
Rules and Regulations).
10. 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 Chapter 23 of the Weld County Code, the required setback is measured from the future
right-of-way line. 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 Section 23-6-10 of the Weld
County Code.
11. Any future structures or uses on site must obtain the appropriate zoning and building
permits.
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DEVELOPMENT STANDARDS - EDWARD AND JANET SCHMIDT (USR #1325)
PAGE 2
12. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicants/landowners shall be responsible for controlling the
noxious weeds, pursuant to the Weld County Code.
13. The applicants shall recognize, at all times, Weld County's Right to Farm as delineated in
Appendix 22-E of the Weld County Code.
14. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 Weld County Code.
15. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 Weld County Code.
16. 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.
17. 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.
18. 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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