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HomeMy WebLinkAbout980304.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1177 FOR AN ACCESSORY BUILDING WITH GROSS FLOOR AREA LARGER THAN 1,500 SQUARE FEET (2,400 SQUARE FEET) IN CASAGRANDE ESTATES SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT - DARYL HAFELE 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 18th day of February, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Daryl Hafele, 9921 Sierra Vista Road, Longmont, Colorado 80504, for a Site Specific Development Plan and Special Review Permit#1177 for an Accessory Building with Gross Floor Area larger than 1,500 square feet (2,400 square feet) in Casagrande Estates Subdivision in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot 2, Block 2, Casagrande Estates Subdivision, located in Section 17, Township 2 North, Range 67 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'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 Town of Firestone's Urban Growth Boundary as delineated by the Tri-Area Intergovernmental Agreement (IGA) and the Town of Firestone's referral response dated December 18, 1997, indicated that the Town has no conflicts with the proposal. 980304 e Pt Ht fl J' 4 h fth PL1240 PL1240 SPECIAL REVIEW PERMIT#1177 - DARYL HAFELE PAGE 2 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. 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 dated December 18, 1997, from the Town of Firestone indicated that the Town has no conflict with the proposal. A verbal response from the Town of Frederick also indicated no conflict. 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 Intergovernmental Agreement. 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 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Daryl Hafele for a Site Specific Development Plan and Special Review Permit#1177 for an Accessory Building with Gross Floor Area larger than 1,500 square feet (2,400 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: 980304 PL1240 SPECIAL REVIEW PERMIT#1177 - DARYL HAFELE PAGE 3 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 approved 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. In accordance with Weld County Public Works Policy, Ordinance #180, the applicant shall utilize one access point to the acreage. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of February, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: '�� FTrI EXCUSED Constance L. Harbert, Chair Weld Cou• C :. .r i B. _ ti/C /021-it;./W / 1'^" ��"��► �, W. H. bster, Pro-Tem 7� BY: GeorO .axter , r ; 27: APP AST RM: DaIe,K. Hall qty A to ey — arbara J. Kirkmeyer 980304 PL1240 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DARYL HAFELE USR #1177 1. The Site Specific Development Plan and Special Use Permit is for the Construction of an Accessory Building with Gross Floor Area larger than 1,500 square feet (2,400 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. 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. 7. The facility shall utilize the existing public water supply. 8. All pesticides, fertilizer and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference Section 25-8-205.5, Colorado Water Quality Control Act and Rules and Regulations thereof. 9. 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. 10. The Accessory Building permitted by Special Review shall not be used on any basis for commercial or industrial uses. 11. 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. 12. 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. 13. Personnel from the Weld County Departments of Health 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 hereon and all applicable Weld County regulations. 980304 PL1240 DEVELOPMENT STANDARDS - DARYL HAFELE (USR#1177) PAGE 2 14. 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 BOCC 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. 15. 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 BOCC 980304 PL1240 Hello