HomeMy WebLinkAbout20010139 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1307 FOR AN ACCESSORY BUILDING (GARAGE) WITH A GROSS
FLOOR AREA LARGER THAN FOUR PERCENT OF THE TOTAL LOT AREA IN AN
APPROVED OR RECORDED SUBDIVISION - BRADLEY AND TERESA KRAMER
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 31st 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 Teresa Kramer, 660 South McKinley, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit#1307 for an Accessory Building (garage) with a gross floor area larger than four
percent of the total Lot area in an approved or recorded Subdivision on the following described
real estate, to-wit:
Lot 19, Peaceful Acres Subdivision, being a part of
the NE1/4 NE1/4 of Section 7, Township 1 North,
Range 66 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 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
of the Weld County Code and any other applicable code provisions or
ordinances in effect. In accordance with Section 22-2-60.A.1, the
U.S.D.A. Soils Maps indicate that the soils on this property are
designated "Urban" and "Urban Build up" lands. Also, the size of the
parcel and its location make it undesirable for agricultural purposes. The
Conditions of Approval and Development Standards will ensure that this
proposal is consistent with Chapter 22 of the Weld County Code.
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SPECIAL REVIEW PERMIT#1307 - BRADLEY AND TERESA KRAMER
PAGE 2
b. Section 23-2-230.B.2—The proposed use is consistent with the intent of
the R-2 (Duplex Residential) Zone District. Section 23-3-120.C of the
Weld County Code provides for an Accessory Building with a gross floor
area larger than four percent (4%) of the total Lot area in an approved or
recorded subdivision in the R-2 (Duplex Residential) 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 semi-rural 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 23-2-230.6.4—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
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Comprehensive Plan or
Master Plans of affected municipalities. The site is located within the
referral boundary area of the Town of Fort Lupton. Referral responses
from this municipality indicate no conflict with the Town's interests.
e. Section 23-2-230.B.5 —The site does not lie within any Overlay District.
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 U.S.D.A. Soils Maps indicate that the soils on this
property are designated as "Urban" and "Urban Build up" lands.
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 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 Teresa Kramer for a Site Specific
Development Plan and Use by Special Review Permit#1307 for an Accessory Building
(garage)with a gross floor area larger than four percent of the total Lot area in an approved or
recorded Subdivision on the hereinabove described parcel of land be, and hereby is, granted
subject to the following conditions:
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SPECIAL REVIEW PERMIT#1307 - BRADLEY AND TERESA KRAMER
PAGE 3
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 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. 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, (early release of building permits require authorization
from the Director of Planning Services) or has been recorded in the Office of the
Weld County Clerk and Recorder.
3. The plat shall be amended to show the allowed setback at 14 feet from the
public right-of-way off Peyton Lane.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
���� WELD CO NTY, COLORADO
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Weld County Clerk to the'�= .���
BY: i��f t p py%Lir 'Glenn Vaad, ro
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Deputy Clerk to the Boar. llat- V `���
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Robert D. Masden
2001-0139
PL1469
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRADLEY AND TERESA KRAMER
USR#1307
1. This is an application for a Site Specific Development Plan and a Use by Special Review
Permit for an Accessory Building with a gross floor area larger than four percent(4%)of the
total Lot area in an approved or recorded Subdivision, 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 Zoning 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 of 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 District as delineated in Section 25-12-103 C.R.S..
7. The septic system located on the property shall have an appropriate permit from the Weld
County Department of Public Health and Environment. The Environmental Health Division
of the Weld County Department of Public Health and Environment was unable to locate a
septic permit for the septic system located on the property. Any existing septic system(s)
which is not currently permitted through the Weld County Department of Public Health and
Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic
permit(s). In the event the system(s) is found to be inadequate, the system(s) must be
brought into compliance with current I.S.D.S. Regulations.
8. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations thereof.
9. The facility shall utilize the existing private well.
10. There shall be no staging or parking of unlicenced vehicles on the County right-of-way.
11. The applicant shall indicate the direction that the garage doors will be situated, and any
approach-type gravel and concrete slabs to the driveway on the plat.
12. All construction on the property shall be in accordance with Chapter 29 of the Weld County
Code.
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DEVELOPMENT STANDARDS - BRADLEY AND TERESA KRAMER (USR#1307)
PAGE 2
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Zoning Ordinance.
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Zoning Ordinance.
15. 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.
16. 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 Use by Special Review by the Weld County Planning
Commission and Board of County Commissioners before such changes from the submitted
plans or Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
17. 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 Use by Special Review Permit by the Board of County
Commissioners.
2001-0139
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