HomeMy WebLinkAbout980826.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple 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:
CASE NUMBER: USR-1180
APPLICANT: Michael &Sheila Davis
ADDRESS: 8162 E. 157th Ct., Brighton, CO 80601
PLANNER: Todd Hodges
REQUEST: A Site Specific Development Plan and a Special Review Permit for a single family dwelling
and accessory structures on a parcel less than the minimum lot size in the in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the SW4 of Section 28, T2N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: East of&adjacent to Weld County Road 5;approximately one mile north of State Highway 52.
SIZE OF PARCEL: 49.99+1- acres.
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, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1—This proposal is consistent with the Weld County Comprehensive Plan, as
amended. The parcel is considered a legal but not buildable parcel and was created by a
Court Decree but not exempted from the Weld County Zoning Ordinance. The conditions of
approval and development standards ensure that this proposal is consistent with the Weld
County Comprehensive Plan.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) Zone
District. The Agricultural Zone District is intended to provide areas for the conduct of
agricultural activities without the interference of other, incompatible land uses. The site of this
proposal is zoned A (Agricultural) as is the surrounding properties. This proposal is
consistent with the Uses by Right on a legal, buildable parcel in the A (Agricultural) Zone
District and is a use listed in Section 31.4.12 of the Weld County Zoning Ordinance. The
conditions of approval and development standards insure that this proposal is consistent with
the intent of the Agricultural Zone District.
c. Section 24.3.1.3 -- The uses which would be permitted are compatible with the existing
agricultural activities and land uses surrounding the site. The surrounding properties are
zoned agricultural and have the following existing land uses: residential/agricultural to the
north, northeast and south; agriculture to the west.
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980826
RESOLUTION, USR-1180
Davis
Page 2
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the existing zone districts and with the future development
as projected by the Comprehensive Plan or Master Plan of affected municipalities. The site
is located within the referral boundary area of the Town of Dacono and Frederick. The Town
of Frederick reviewed this proposal and indicated no conflict of interest. The Town of Dacono
did not respond.
e. Section 24.3.1.5--The property does not lie within any overlay district.
f. Section 24.3.1.6 --The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The development of the property is proposed to be clustered within the site.
g. Section 243.1.7--The Design Standards, Operation Standards, 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 submitted by the applicant, other
relevant information regarding the request, and responses from referral entities.
The Planning Commission's 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 plat. The 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 planning commission. (Department of Planning Services)
2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
3. Prior to recording the plat:
A. The applicant shall submit to the Department of Planning Services evidence that the applicant
has attempted to comply with the conditions/requirements of the Mountain View Fire
Protection District, as listed in the letter dated January 19, 1998.
B. The applicant shall submit to the Department of Planning Services evidence that the
applicant has attempted to comply with the conditions/requirements of the St. Vrain
Valley School District RE-1J, as listed in the referral response letter dated January
23, 1998.
4. The site shall use the existing access point from WCR 5. No new access shall be granted.
5. An individual sewage disposal system is required for the proposed facilities and shall be installed
according to the Weld County I.S.D.S. Regulations.
980826
RESOLUTION, USR-1180
Davis
Page 3
Motion seconded by Christie Nicklas.
VOTE:
For Passage Against Passage
Glen Vaad
Arlan Marrs
Christie Nickles
Stephan Mokray
Jack Epple
Bruce Fitzgerald
Fred Walker
Marie Koolstra
Rusty Tucker
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 March 17, 1998.
Dated the/ 17th of March, 1998.
1 YX.vd
Wendi Inloes
Secretary
980826
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Davis
USR-1180
1. A Site Specific Development Plan and a Special Review Permit for a single family dwelling and
accessory structures on a parcel less than the minimum lot size in the in the A (Agricultural) Zone
District as submitted in the application materials on file in the Department of Planning Services and
subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance. (Department of Planning Services)
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Weld County Health Department)
4. No permanent disposal of wastes shall be permitted at this site. (Weld County Health Department)
5. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. (Weld County Health Department)
6. Fugitive dust shall be controlled on this site. (Weld County Health Department)
7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as measured
according to 25-12-102, Colorado Revised Statutes. (Weld County Health Department)
8. The property owner shall remove, handle and stockpile manure from the livestock area in a manner
that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to
a condition that facilitates excessive odors,flies, insect pests, or pollutant runoff. The manure storage
site shall have a watertight surface which does not permit seepage or percolation of manure pollutants
into the ground.
9. The riding arena shall be for private use only. (Department of Planning Services)
10. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning Ordinance. (Weld
County Health Department/Department of Planning Services)
11. The site shall maintain compliance at all times with Sections 24.5 and 24.6 of the Weld County Zoning
Ordinance. (Department of Planning Services)
12. Personnel from the Weld County Health Department and Weld County Department of 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 hereon and all
applicable Weld County Regulations. (Weld County Health Department/Department of Planning
Services)
13. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
Standards and all applicable Weld County Regulations. Major 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 Planning Commission 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.
(Department of Planning Services)
14. 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. (Department of Planning
Services/Weld County Health Department)
980826
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