HomeMy WebLinkAbout972645.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1169 FOR CONSTRUCTION OF AN ACCESSORY BUILDING WITH GROSS FLOOR
AREA LARGER THAN 1,500 SQUARE FEET (3,000 SQUARE FEET) IN
CASAGRANDE ESTATES SUBDIVISION IN THE A (AGRICULTURAL) ZONE
DISTRICT- BUNN
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 17th day
of December, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Roland and Sharon Bunn, 9915 Navajo Court, Longmont, Colorado
80504, for a Site Specific Development Plan and Special Review Permit #1169 for the
construction of an accessory building with gross floor area larger than 1,500 square feet (3,000
square feet) in Casagrande Estates Subdivision in the A (Agricultural) Zone District, on the
following described real estate, to -wit:
Lot 39, Casagrande Estates, First Addition, located
in Section 17, Township 2 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was presented at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan's Urban Growth Boundary Goal and Policy 2. This
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policy states that land use proposals in urban growth boundary areas
shall be encouraged if they adhere to the intent of the Weld County
Comprehensive Plan and the referral responses received. The proposal
is located within the Town of Firestone's Urban Growth Boundary as
delineated by the Tri-Area Intergovernmental Agreement (IGA) and a
verbal referral response received October 8, 1997, indicated that the
Town of Firestone has no conflicts with the proposal.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the A
(Agricultural) Zone District. The proposed use is provided for as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The proposed uses will be compatible with existing
surrounding land uses which include residential acreages and vacant
dryland containing oil production facilities. The applicant has submitted a
list of surrounding property owners within 500 feet of the property as well
as a petition containing 100 percent (total of 15) of the surrounding
owners' signatures, even though this was not a requirement for this
application.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. A referral
response was requested from the Towns of Firestone and Frederick
pursuant to the Tri-Area IGA. As stated above, the Town of Firestone
has indicated that the Town has no conflicts with the proposal based on a
verbal referral response received October 8, 1997. A verbal response
received October 8, 1997, from the Town of Frederick also indicated no
conflicts.
e. Section 24.4.2.5 -- The proposal is located within the Town of Firestone's
Urban Growth Boundary area as delineated by the Tri-Area IGA. The
property is not located within any other Overlay District Areas identified
by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. Since this parcel is located in a
platted subdivision, the soils on this site have not been assigned a
classification as to farmland suitability by the USDA Soil Conservation
Service and Colorado State University Extension. No prime farm ground
will be taken out of production.
g.
Section 24.4.2.7 --The Design Standards (Section 24.5 of the Weld
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County Zoning Ordinance, as amended), Operation Standards (Section
24.6 of the Weld County Zoning Ordinance, as amended), 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. As stated above, the
applicant has a petition signed by surrounding property owners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of for a Site Specific Development Plan and Special
Review Permit #1169 for the construction of an accessory building with gross floor area larger
than 1,500 square feet (3,000 square feet) in Casagrande Estates Subdivision 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 Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat. 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 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.
3. Prior to recording the plat:
A. All accesses shall be clearly delineated on the plat.
B. The plat shall be amended to adhere to the Special Review Permit Plan
Map requirements stated in Section 24.7.4 of the Weld County Zoning
Ordinance, as amended.
4. The Accessory Building permitted by Special Review shall not be used on any
basis as a dwelling or as overnight or temporary housing for any person.
5. The Accessory Building permitted by Special Review shall not be used on any
basis for commercial or industrial uses.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of December, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY,COLDO
ATTEST:
Weld County
BY.
W. H. Webster
Deputy Cle
ED AS TO FORM:
George E. Baxter, Chair
EXCUSED DATE OF SIGNING (AYE)
stance L. Harbea, Pro„Tem
Da j K. Hall
L 1i //L-ezy,7 1
Barbara J. Kirkmeyer J
,iii%z,/t
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR #1169
1. The Site Specific Development Plan and Special Use Permit #1169 is for the
Construction of an Accessory Building with Gross Floor Area larger than 1,500 square
feet (3,000 square feet) in Casagrande Estates subdivision in the A (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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
3. All liquid and solid wastes 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. Fugitive dust shall be controlled on this site.
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.
8. The facility shall utilize the existing public water supply.
9. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
10. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
11. 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.
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DEVELOPMENT STANDARDS - BUNN (USR #1169)
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12. 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 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.
13. 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 Weld County
Planning Commission.
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