HomeMy WebLinkAbout20003110.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1297 FOR A SINGLE FAMILY DWELLING UNIT, OTHER THAN THOSE
PERMITTED IN THE A (AGRICULTURAL) ZONE DISTRICT UNDER SECTION
23-3-20.A OF THE WELD COUNTY CODE - BRADLEY AND HEIDI WINDELL
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 3rd day of
January, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Bradley and Heidi Windell, 11044 Weld County Road 22.5, Fort
Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit#1297 for a Single Family Dwelling Unit, other than those permitted in the A
(Agricultural) Zone District under Section 23-3-20.A located on the following described real
estate, to-wit:
Parcel 1A, Lupton Meadows Subdivision, being
part of the S1/2 of Section 12, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 23-2-230.B of the Weld County Code provides standards for review
of said 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. A.Goal
1 of Section 22-2-60.A.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 Chapter 22 of this Code.
n 2000-3110
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SPECIAL REVIEW PERMIT#1297 - BRADLEY AND HEIDI WINDELL
PAGE 2
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.M of this
Code provide for Multiple Family or Auxiliary Dwellings in the A
(Agricultural) Zone District, subject to a Use by Special Review Permit.
c. Section 23-2-230.B.3 -- The uses which will 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 applicant's projected uses will remain compatible with the
existing surrounding land uses.
d. Section 23-2-230.8.4 -- 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 this Code or Master Plans of affected municipalities. The
site is not located within the referral boundary area of any incorporated or
unincorporated municipalities.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-230.B.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 "Irrigated Not Prime" land.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of this
Code), Operation Standards (Section 23-2-250 of this 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 Bradley and Heidi Windell for a Site Specific
Development Plan and Use by Special Review Permit#1297 for a Single Family Dwelling Unit,
other than those permitted in the A (Agricultural) Zone District under Section 23-3-20.A of the
Weld County Code 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 recording the plats for the required
Recorded Exemption and Subdivision Exemption by the Department of Planning
Services.
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SPECIAL REVIEW PERMIT#1297 - BRADLEY AND HEIDI WINDELL
PAGE 3
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.
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.
2) The Landscape and Screening Plan, to include type of screening
material, as well as a planting and maintenance schedule for the
site.
C. The following notes shall be placed on the Plat:
1) 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. 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 .
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 Section 15-1-10 of the Weld County
Code.
4) The applicant shall recognize Weld County's Right To Farm
Covenant at all times. Weld County's Right To Farm statement,
as it appears in the Weld County Code, Appendix 22-E, shall be
placed on the Plat.
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SPECIAL REVIEW PERMIT#1297 - BRADLEY AND HEIDI WINDELL
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CTY, COLORADO
ATTEST: ��� i �/ pU/
a 1. J. eile, Chair
Weld County Clerk to th- ' oa ;
'ca' n tXCUSED
olenn Vaad, Pro-Tern
BY: •_€L ro• i . �
Deputy Clerk to the B - Z" r
fr \. Wil a • H. Jerke
n
AP VE AST 'ARM: Ck
S J
David Lon
•o -'may At orne \, 1,
Robert D. Masden
2000-3110
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRADLEY AND HEIDI WINDELL
USR#1297
1. A Site Specific Development Plan and Use by Special Review Permit#1297 is for a Single
Family Dwelling Unit, Other than Those Permitted in the A(Agricultural)Zone District under
Section 23-3-20.A of the Weld County Code, 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.
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 systems.
8. The existing homes shall use the existing private wells.
9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5, Colorado Water Quality Control
Act and Rules and Regulations thereof.
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 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.
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.
2000-3110
PL1462
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