HomeMy WebLinkAbout990149.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1203 FOR AN ACCESSORY STRUCTURE WITH A GROSS FLOOR AREA OF 1,800
SQUARE FEET IN THE A (AGRICULTURAL) ZONE DISTRICT, ARROWHEAD
SUBDIVISION -ALLEN RATHE
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 Allen Rathe, 5617 Ute Lane, Greeley, Colorado 80631, for a Site
Specific Development Plan and Special Review Permit #1203 for an Accessory Structure with a
Gross Floor Area of 1,800 square feet in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot 8, Block 12, Arrowhead Subdivision, Fourth
(4th) Filing, Section 27, Township 5 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was 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 Weld County Board of Commissioners that the applicant
has shown compliance with Section 24.4 of the Weld County Zoning Ordinance,
as follows:
a. Section 24.4.2.1 -- That the proposal is consistent with the Weld County
Comprehensive Plan's Agricultural and Urban Growth Boundary Goals
and Policies. The proposed accessory structure does not remove any
farmland from production. The proposed accessory structure lies within
the City of Greeley's three (3) mile area of influence but is not in its Urban
Growth Boundary.
CA Q 1'2 990149
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SPECIAL REVIEW PERMIT#1203 -ALLEN RATHE
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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 --That the uses which would be permitted will be
compatible with the existing surrounding land uses. The surrounding
area consists predominantly of large-lot single family uses. Accessory
uses include horses and large garden areas, which are accompanied by
pole barns and accessory buildings. The proposed accessory structure is
compatible with these uses.
d. Section 24.4.2.4 -- That the uses which would be permitted will be
compatible with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by
the Comprehensive Plan or Master Plans of affected municipalities. The
proposed structure lies within the City of Greeley's three (3) mile area of
influence. The City of Greeley, in a referral received November 12, 1998,
had no conflicts with the application for Special Review Permit. City of
Greeley Planning staff has confirmed that the City's Planning
Commission has accepted staff approval of the referral for Use by
Special Review Permit#1203.
e. Section 24.4.2.5 -- That the application complies with the Weld County
Zoning Ordinance, Section 50, Overlay District Regulations if the
proposal is located within the Overlay District Areas identified by maps
officially adopted by Weld County. The proposed site is not located
within any overlay districts.
f. Section 24.4.2.6 --That if the use is proposed to be located in the A
(Agricultural) Zone District, that the applicant has demonstrated a diligent
effort has been made to conserve prime agricultural land in the location
for the proposed use. The proposed use will not create any new lots and
the structure will not remove any farmland from production.
g. Section 24.4.2.7 --That there is adequate provision for the protection of
the health, safety and welfare of the inhabitants of the neighborhood and
the County. The Use by Special Review Development Standards shall
provide adequate provision for the protection of the health, safety and
welfare of the inhabitants of the surrounding neighborhood and the
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Allen Rathe for a Site Specific Development Plan
and Special Review Permit#1203 for an Accessory Structure with a Gross Floor Area of 1,800
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:
990149
PL1281
SPECIAL REVIEW PERMIT#1203 - ALLEN RATHE
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.
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
COUNTY, CO ORA O
ATTEST: tiae
Dale K. Hall, Chair
Weld County Clerk t. e -r
Qt
EXCUSED DATE OF SIGNING (AYE)
._ Barbar J. Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to t
71� k Georg xter
7
AP V AS ORM:
M. J. ei e
my tt ey
Glenn V al--
990149
PL1281
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALLEN RATHE
USR #1203
1. The Site Specific Development Plan and Special Review Permit #1203 is for an
Accessory Structure with Gross Floor Area larger than 1,500 square feet (1,800 square
feet) in Arrowhead Subdivision in the A (Agricultural) Zone District as submitted in the
application materials on file and subject to the Development Standards stated herein.
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 25-12102, C.R.S.
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. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
10. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
11. The property owner or operator shall be responsible for complying with the
Operation(Planning)
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 herein and all applicable Weld County Regulations.
13. The Special Review area shall be limited to the plans shown herein 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 and the Board of
County Commissioners before such changes from the plans or Development Standards
990149
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SPECIAL REVIEW PERMIT#1203 -ALLEN RATHE
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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.
990149
PL1281
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