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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1180 FOR A SINGLE FAMILY DWELLING AND ACCESSORY STRUCTURES ON A
PARCEL LESS THAN THE MINIMUM LOT SIZE IN THE A (AGRICULTURAL) ZONE
DISTRICT - MICHAEL AND SHEILA DAVIS
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 22nd day
of April, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Michael and Sheila Davis, 8162 East 157th Court, Brighton, Colorado
80601, for a Site Specific Development Plan and Special Review Permit#1180 for a single
family dwelling and accessory structures on a parcel less than the minimum lot size in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the SW% of Section 28, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
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, 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.
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SPECIAL REVIEW PERMIT#1180 - MICHAEL AND SHEILA DAVIS
PAGE 2
b. Section 24.4.2.2-- 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 are 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 A (Agricultural) Zone District.
c. Section 24.4.2.3-- 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.
d. Section 24.4.2.4 --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 Towns 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 24.4.2.5-- The property does not lie within any overlay district.
f. Section 24.4.2.6-- 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 24.4.2.7--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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Michael and Sheila Davis for a Site Specific
Development Plan and Special Review Permit#1180 for 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
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.
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SPECIAL REVIEW PERMIT#1180 - MICHAEL AND SHEILA DAVIS
PAGE 3
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. 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 Weld County Road 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
� ,�t�i-fie ATTEST: . III ,/ gin;�f� i.!.
iejlealccet
Constance L. Har rt, Chair
Weld County rerlAgd 00.=?Tri_
t�, y" F = • �, j
o�; ;. 4 W. H. ebster, ro-T .
BY:
Deputy Clerk tot d
. Baxter
APP S TO F M:
Da e . Hall
Attornet XCUSED
Barbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL AND SHEILA DAVIS
USR #1180
1. A Site Specific Development Plan and Special Review Permit for a single family dwelling
and accessory structures on a parcel less than the minimum lot size 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.
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. 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 Section 25-12-102, C. R. S., as amended.
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.
10. The facility shall maintain compliance with Section 45.6 of the Weld County Zoning
Ordinance.
11. The site shall maintain compliance at all times with Sections 24.5 and 24.6 of the Weld
County Zoning Ordinance.
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.
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DEVELOPMENT STANDARDS - DAVIS (USR#1180)
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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 before such changes are permitted. Any other changes
shall be filed in the office of the 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.
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