HomeMy WebLinkAbout20131085.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0007, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT,
OTHER THAN THOSE PERMITTED UNDER SECTION 23-2-20.A OF THE WELD
COUNTY CODE (THREE (3) DWELLING UNITS INCLUDING MAIN HOUSE,
BUNKHOUSE, AND MODULAR HOME) IN THE A (AGRICULTURAL) ZONE
DISTRICT - CHAD AND KELLY FRYE
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 8th day of
May, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Chad and Kelly Frye, 66359 State Highway 14, New Raymer, Colorado
80742, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0007,
for one (1) Single -Family Dwelling Unit per lot, other than those permitted under
Section 23-2-20.A of the Weld County Code (three (3) dwelling units including main house,
bunkhouse, and modular home) in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Lots 5, 6, 7, 8 of Section 31, Township 8 North,
Range 57 West of the 6th P.M., Weld County,
Colorado, lying south of the C.B. and Q Railroad
Right -of -Way
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and
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sustainability of agricultural." The applicants purchased the
property because of the location and existing agricultural uses;
therefore, they would like an opportunity to share and encourage
their rural lifestyle with their children and parents.
2) Section 22-2-20.B (A.Goal 2) states: "Continue the commitment
to viable agriculture in Weld County through mitigated protection
of established (and potentially expanding) agricultural uses from
other proposed new uses that would hinder the operations of the
agricultural enterprises. The applicants have horses and livestock
and this property offers opportunities for them to enjoy their rural
lifestyle with the existing improvements and pasture area.
3) Section 22-2-20.F (A.Goal 6) states: "Provide mechanisms for the
division of land in agricultural areas to support the continuation of
agricultural production."
a) A.Policy 6.2 states: "Support opportunities, such as, but
not limited to, hobby farming and home businesses to
supplement family income and reduce living expenses for
farm families and others who prefer a rural lifestyle."
b) A. Policy 6.3 states: "Encourage multi -generational,
caretaker, guest and accessory quarters."
The applicant has indicated they anticipate the third dwelling
would serve as a supplemental income and provide a needed,
safe, and convenient home (rental) for future staff or teachers that
will work at the Prairie Mustangs School.
4) Section 22-2-20.G (A.Goal 7) states: "County land use
regulations should protect the individual property owner's right to
request a land use change."
5) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change
for more intensive development" The Conditions of Approval and
Development Standards ensure there are adequate services and
facilities available to accommodate the proposed request. The
applicant will cover all costs associated with providing adequate
services and facilities.
6) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." No correspondence was
received from surrounding property owners objecting to the
proposed request.
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B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.M of the Weld County
Code allows for a Site Specific Development Plan and a Use by Special
Review Permit for one (1) Single Family Dwelling Unit per lot other than
those permitted under Section 23-3-20.A of the Weld County Code (three
(3) dwelling units including main house, bunkhouse and modular home) in
the A (Agricultural) Zone District.
Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent parcels
to the west include 625 acres of Colorado State Lands zoned
A (Agriculture) and a 21.67 -acre parcel, home of the Prairie Mustangs
School. Parcels to the north, east and south are large 160 -acre parcels
zoned A (Agricultural). The closest home is located on a 150 -acre parcel
south of State Highway 14. Conditions of Approval and Development
Standards will ensure that the proposed use will be compatible with the
area.
Section 23-2-230.B.4 -- The uses which will 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
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The property is located within the three (3) mile referral
area for the Town of New Raymer. The town did not respond with any
referral comments.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within a
Special Flood Hazard Area (SFHA). Building permits issued on the
property will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The residence is located adjacent to other existing
structures and the remainder of the property is, and will continue to be,
used agriculturally. The subject site is classified as "High Potential Dry
Cropland — Prime if Irrigated" as delineated on the Important Farmlands
of Weld County Map, dated 1979. The proposed dwellings will not take
any land out of agricultural production and the location of the proposed
residence is located near existing structures and does not interfere with
the agricultural nature of the property.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
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Code), 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Chad and Kelly Frye, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0007, for one (1) Single -Family
Dwelling Unit per lot, other than those permitted under Section 23-2-20.A of the Weld County
Code (three (3) dwelling units including main house, bunkhouse, and modular home) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
Prior to Recording the Plat:
A. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the bunk house. Any existing septic system which is not
currently permitted through the Weld County Department of Public Health
and Environment will require an Individual Sewage Disposal System
(I.S.D.S.) evaluation prior to the issuance of the required septic permit. In
the event the system is found to be inadequate, the system must be
brought into compliance with current I.S.D.S. regulations or abandoned.
The applicant shall submit the following to the Department of Planning
Services to bring the unpermitted bunkhouse into compliance with the
Weld County Code Building Regulations and Sewage System
Regulations:
1) The applicant shall submit a Change of Occupancy Permit
converting the bunkhouse to a single family dwelling. As -Built
Certifications for the storage building from a structural engineer,
electrical contractor, plumbing contractor and mechanical
contractor are required.
The applicant shall attempt to address the requirements/concerns of the
Weld County Department of Public Works, as stated in the referral
response dated March 1, 2013. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
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2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR13-0007.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
3. Prior to a Certificate of Occupancy:
A. An I.S.D.S. is required for the proposed modular and shall be installed
according to the Weld County I.S.D.S. Regulations.
4. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit an electronic version (.pdf), or three (3) paper copies, of the plat for
preliminary approval to the Weld County Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. Upon approval of the plat, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period.
6. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD C!g TY, COLORADO
ATTEST: , oweA
Weld County Clerk to the
BY:
Deputy Clerk to the Boar
AP
ount
ttorney
Date of signature: S/ 9
Chair
Douglas ademache , Pro -Tern
Sean P. Conway
Miles Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHAD AND KELLY FRYE
USR13-0007
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0007, is
for one (1) Single -Family Dwelling Unit per lot, other than those permitted under
Section 23-2-20.A of the Weld County Code (three (3) dwelling units including main
house, bunkhouse, and modular home) in the A (Agricultural) Zone District and subject
to the Development Standards stated hereon.
2. Any change in the use or occupancy of the existing structures, as shown on the site
plan, shall be reviewed by the Department of Planning Services and may require a
Change of Occupancy.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems (I.S.D.S.).
10. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
11. The facility shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
12. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant landowner shall be responsible for controlling
noxious weeds pursuant to Section 15-1-180 of the Weld County Code.
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13. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
14. Building Permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
15. Building Permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
16. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
17. Building permits shall be obtained prior to the construction of any building. Buildings that
meet the definition of an Agricultural Exempt Building, per the requirements of
Sections 29-1-20 and 29-3-20.6.13 of the Weld County Code, do not require building
permits; however, a Certificate of Compliance must be filed with the Weld County
Planning Department of Planning Services and an electrical and/or plumbing permit is
required for any electrical service to the building or water for watering or washing of
livestock or poultry.
18. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
19. The Use by 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 Board of
County 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.
20. 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.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
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Standards of Section 23-2-250 of the Weld County Code.
23. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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