HomeMy WebLinkAbout20112086 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1784 FOR ONE (1) SINGLE FAMILY DWELLING UNIT PER LOT, OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY
CODE, IN THE A (AGRICULTURAL) ZONE DISTRICT - GLEN TRUE AND SHARON
WELLS-TRUE
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 3rd day of
August, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Glen True and Sharon Wells-True, 5227 Godding Hollow Parkway,
Longmont, Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit#1784 for one (1) Single Family Dwelling Unit per lot, other than those permitted under
Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #5036; being part of
the SW1/4 of Section 24, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were 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 applicants 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 applicants have
shown compliance with Section 23-2-230.B 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.
Section 22-2-20.G.3 (A.Policy 7.3) states, "Conversion of agricultural land
to urban residential, commercial, and industrial uses should be
considered when the subject site is located inside an Intergovernmental
Agreement area, Urban Growth Boundary area, Regional Urbanization
Area or Urban Development Nodes, or where adequate services are
currently available or reasonably obtainable. A municipality's adopted
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SPECIAL REVIEW PERMIT#1784 - GLEN TRUE AND SHARON WELLS-TRUE
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comprehensive plan should be considered, but should not determine the
appropriateness of such conversion." The Town of Frederick returned the
Notice of Inquiry document, dated May 4, 2011, without comment and did
not return a referral for this application. The True property has an
approved Zoning Permit for a Home Occupation, [ZPHO-0004], for
Internet sales and delivery of specialty bicycle tires and tubes, True-Goo
Products and Professional Consulting Services. This commercial activity
occurs within the barn structure/detached residence located on the
premises. The surrounding property, as an enclave to the Town of
Frederick, has an existing agricultural and rural residential development
pattern. The Conditions of Approval and Development Standards will
ensure that the proposed use will be compatible with the area.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.L of the Weld County
Code allows for a Site Specific Development Plan and 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, in the
A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. Adjacent lands to the
south are parcels in the Dream Acres Subdivision and are zoned
A (Agricultural) with single family homes in close proximity. Parcels north
of, and adjacent to, County Road 18 (Godding Hollow Parkway) are rural
residences on lots created through the Recorded Exemption process.
This general area is an enclave to the Town of Frederick. To the east is a
lawn care business permitted under USR-1378 and to the southwest is a
second residence permitted under USR-1743. The Conditions of
Approval and Development Standards will ensure that the proposed use
will be compatible with the area.
d. 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 an Intergovernmental
Agreement Area with the Town of Frederick and is also within the
three-mile referral area for the City of Dacono, and the Towns of Erie,
Firestone, and Frederick. The Town of Frederick returned the Notice of
Inquiry, dated April 5, 2011, without comment. The City of Dacono, in a
referral dated May 12, 2001, and the Town of Erie, in a referral dated
May 13, 2011, indicated no conflict with their interests. The Conditions of
Approval and Development Standards will ensure that the use will be
compatible with existing land uses.
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SPECIAL REVIEW PERMIT#1784 - GLEN TRUE AND SHARON WELLS-TRUE
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e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County-Wide Road Impact Fee Area, and the County Facility Fee and
Drainage Impact Fee area. Effective April 25, 2011, building permits
issued on the proposed lots will be required to adhere to the fee structure
of the County-Wide Road Impact Fee Program. Effective April 25, 2011,
building permits issued on the proposed lot will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee
Program.
f. Section 23-2-230.B.6 -- The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. The residence is located adjacent to other built elements
and the remainder of the property is agricultural by use. The subject site
is classified as "Other Lands" as delineated on the "Important Farmlands
of Weld County Map," dated 1979. The size of the parcel (1.5 acres,
more or less) is not in agricultural production and the location of the
residence within an existing structure does not interfere with the farming
operations.
g. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards will
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 Glen True and Sharon Wells-True, for a Site
Specific Development Plan and Use by Special Review Permit #1784 for one (1) Single Family
Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County
Code, in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1784.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The plat shall delineate the existing and future right-of-way on the plat for
County Road 18, Godding Hollow Parkway. The existing right-of-way is
30 feet and the future right-of-way is 20 feet, per Recorded
Exemption #5036, unless the Town of Frederick requests otherwise.
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SPECIAL REVIEW PERMIT#1784 - GLEN TRUE AND SHARON WELLS-TRUE
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2. Prior to Recording the Plat:
A. The applicants shall submit evidence of a recorded Deed for Lot A of
Recorded Exemption #5036; being part of the SW1/4 of Section 24,
Township 2 North, Range 68 West of the 6th P.M., Weld County,
Colorado. Written evidence of such must be submitted to the Department
of Planning Services.
B. In the event the applicants intend to utilize the existing septic system for
the second dwelling (total of three (3) bedrooms), the septic system shall
be installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations. Written evidence of such must be
submitted to the Department of Planning Services.
C. The applicants shall attempt to address any access or right-of-way
requirements with the Town of Frederick. Written evidence of such shall
be submitted to the Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicants shall
submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies,
the applicants shall submit a Mylar plat, along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the 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. The Mylar plat and additional
requirements shall be submitted within sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicants shall be responsible for
paying the recording fee.
4. In accordance with Weld County Code Ordinance #2006-7, approved June 1,
2006, should the plat not be recorded within the required sixty (60) 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.
5. 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.
6. 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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SPECIAL REVIEW PERMIT#1784 - GLEN TRUE AND SHARON WELLS-TRUE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COt,ORADO
ATTEST: J� A4. // { t/r'; 7,c
rbara Kirkmeyer, Chair
Weld County Clerk to the B P.
Sean P. Conway, Pro-Tem
BY:
Deputy C rk to the -
® F. Garcia
AP,fg\o ED Ay-f- i1
f
avi . Lon
/--
Cot t ttorney
Dougla ademac r
Date of signature: 944/
2011-2086
PL2122
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GLEN TRUE AND SHARON WELLS-TRUE
USR#1784
1. A Site Specific Development Plan and Use by Special Review Permit #1784 is for one
(1) Single Family Dwelling Unit per Lot, other than those permitted under
Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone District and
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, 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.
4. 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.
5. 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.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. 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.
8. Any septic system located on the property shall comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
10. The facility shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
11. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicants/landowners shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of
twelve (12) inches until the area is completely developed.
12. 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 runoff.
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DEVELOPMENT STANDARDS - GLEN TRUE AND SHARON WELLS-TRUE (USR#1784)
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13. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
14. Effective April 25, 2011, building permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Program.
15. Buildings 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: 2006
International Residential Code; 2008 National Electrical Code.
16. All building plans shall be submitted to the Frederick-Firestone Fire Protection District for
review and approval prior to issuing building permits.
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 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
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.
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