HomeMy WebLinkAbout990147.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1204 FOR AN ACCESSORY STRUCTURE WITH GROSS FLOOR AREA OF 2,400
SQUARE FEET IN THE A (AGRICULTURAL) ZONE DISTIRICT, ORR MINOR
SUBDIVISION - DAVID MILLER
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 25th day
of January, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of David Miller, 30867 Rocky Road, Greeley, Colorado 80631, for a Site
Specific Development Plan and Special Review Permit#1204 for an Accessory Structure with
Gross Floor Area of 2,400 square feet in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot 3, Orr Minor Subdivision, being part of
Section 32, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was not present 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
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 City of Greeley's Urban Growth Boundary and a
referral response received from the City of Greeley on November 12,
1998, indicated that the proposal is consistent with its comprehensive
plan.
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SPECIAL REVIEW PERMIT#1204 - DAVID MILLER
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b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.16 provides for Accessory
Buildings with gross floor area larger than 1,500 square feet 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. The surrounding land uses include residential
acreages within and around Orr Minor Subdivision, as well as agricultural
uses to the north, east and west and the Poudre River to the south. The
applicant has indicated that the use of the structure is personal storage,
as no commercial or industrial uses are taking place on site, and Mr.
Miller has no employees.
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 districts and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. As stated
above, the City of Greeley has indicated that the proposal is consistent
with its comprehensive plan. The City did propose two conditions which
are addressed in the Conditions of Approval.
e. Section 24.4.2.5 -- The proposal is located within the City of Greeley's
Urban Growth Boundary area. Also, the extreme southern portion of the
property is located within the floodplain according to FIRM panel #080266
0608; however, the structure has been constructed on the northern
portion of the property which is not in the floodplain. Additionally, staff
has visited the site and verified that the structure has been constructed
on the northern portion of the property. 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. This parcel is 3.7 acres in size and
is located within a platted subdivision, Orr Minor Subdivision. 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
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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. The applicant has a signed petition of
surrounding property owners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of David Miller for a Site Specific Development
Plan and Special Review Permit#1204 for an Accessory Structure with Gross Floor Area of
2,400 square feet in the A (Agricultural) Zone District on the hereinabove described parcel of
land be, and hereby is, granted subject to the following conditions:
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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. 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.
C. The applicant shall submit a new Affidavit of Interest Owners Minerals
and Subsurface Estate and list of names of such owners.
3. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of January, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: lax
/^ '� e
.C `� Dale K. Hall, Chair
Weld County Clerk to the
` EXCUSED DATE OF SIGNING (AYE)
c ! > Barbara . Kirkmeyer, P�-Tem
BY:
Deputy Clerk to the Bo
Georg miter
PROV AS FORM:
M. Geile
C orer /41
Glenn Val
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID MILLER
USR#1204
1. The Site Specific Development Plan and Special Use Permit is for an Accessory Structure with
Gross Floor Area larger than 1,500 square feet (2,400 square feet) in Orr Minor 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.
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. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as
measured according to Section 25-12-102, C.R.S.
7. The facility shall utilize the existing public water supply (City of Greeley).
8. There shall be no employees at this site as stated in the application materials.
9. All required inspections shall be conducted upon issuance of the building permit and all
conditions of the building permit shall be addressed to the Weld County Building Inspection
Department's satisfaction.
10. Should water service be proposed to the accessory structure a separate water tap shall be
required.
11. 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.
12. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance.
13. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
14. 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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15. 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 Board of 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.
16. 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 Board of Commissioners.
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