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Home My WebLink About20070844.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1600 FOR A SINGLE FAMILY DWELLING UNIT, OTHER THAN THOSE PERMITTED UNDER SECTION 23-2-20.A OF THE WELD COUNTY CODE(A GUEST HOUSE TO BE BUILT IN ADDITION TO AN EXISTING TWO-STORY RESIDENCE)IN THE A (AGRICULTURAL) ZONE DISTRICT - SLW RANCH COMPANY, CIO STOW WITWER 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 April, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of SLW Ranch Company, do Stow Witwer, 822 7th Street#760, Greeley, Colorado 80631,for a Site Specific Development Plan and Use by Special Review Permit#1600 for a Single Family Dwelling Unit,other than those permitted under Section 23-2-20.Aofthe Weld County Code (a guest house to be built in addition to an existing two-story residence)in the A(Agricultural)Zone District on the following described real estate, being more particularly described as follows: Part of the NW1/4 of Section 11, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS,said applicant was represented by Linda Hulse, Casseday Creative Designs, 55 South Elm Avenue, Suite 210, Eaton, Colorado 80615, at said hearing, 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.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 22-2-60.A (A.Goal 1) states, "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." This proposal does not effect the productivity of the site. The applicants are proposing to replace an existing single-family residence 2007-0844 PL1884 lt� ;'4, /7L Cry') �L //c7� 1)x41,7/7 SPECIAL REVIEW PERMIT#1600 - SLW RANCH COMPANY, C/O STOW WITWER PAGE 2 (second residence) on the site. No additional land will be taken out of production. b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the A (Agricultural) Zone District. Chapter 23, Article III, Division 1, Sections 23-3-20.A and 23-3-40.L of the Weld County Code provide for a Single Family Dwelling Unit, other than those permitted under Chapter 23, Article III, Division 1,Section 23-3-20.A, in the A(Agricultural)Zone District, subject to a Use by Special Review Permit. c. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The site is surrounded by rural agricultural properties to the north, east, south, and west. An existing single-family residence, owned by the applicant, is located on the property immediately to the west of the site. Two additional single family residences are located one-half mile to the west and one-quarter mile to the east of the site. There are currently two stick-built residences, one constructed in 1890, and the other(a bunkhouse)constructed in about 1915,on the property. The Conditions of Approval and Development Standards are proposed to ensure that the applicant's proposed use will remain compatible with the existing surrounding land uses. A rural agricultural residence is compatible with the surrounding property uses. d. Section 23-2-230.6.4--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 site is located within the three-mile referral boundary for the Town of Kersey. The Town of Kersey, in its referral received February 8, 2007, indicated no conflict with its interests. e. Section 23-2-230.B.5— The site does not lie within any Overlay Districts. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The United States Department of Agriculture (U.S.D.A.) soils maps indicate that the soils on this property are designated "Prime if Irrigated", "Irrigated Land, Non-Prime" and "Prime" land. The location of the two residences does not impact the agricultural viability 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 Code), 2007-0844 PL1884 SPECIAL REVIEW PERMIT#1600 - SLW RANCH COMPANY, C/O STOW WITWER PAGE 3 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 SLW Ranch Company,do Stow Witwer,fora Site Specific Development Plan and Use by Special Review Permit#1600 fora Single Family Dwelling Unit,other than those permitted under Section 23-2-20.A of the Weld County Code(a guest house to be built in addition to an existing two-story residence) 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 attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County 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. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR-1600. 2) The attached Development Standards. 3) Adherence to Section 23-2-260.D of the Weld County Code which pertains to the preparation of the Use by Special Review Permit Plan Map. 4) Weld County Road 58.5 is designated on the Road Classification Plan as a local gravel road, which requires a 60-foot right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 5) The proposed location for the residence to be replaced on the property is indicated within the required offset outlined in the A(Agricultural)Zone District under Section 23-3-50.C:"three(3)feet, or one(1)foot for each three(3)feet of building height,whichever is greater". The applicant shall amend the location of the replacement residence to meet A(Agricultural)Zone District offset requirements. B. Per the USR-1600 plat map submitted with this application,the old cow bam, old garage, and Witwer house on the property to the west, are indicated within the required offset outlined in the A(Agricultural)Zone District under 2007-0844 PL1884 SPECIAL REVIEW PERMIT#1600 - SLW RANCH COMPANY, C/O STOW WITWER PAGE 4 Section 23-3-50.C: "three (3) feet, or one (1) foot for each three (3)feet of building height, whichever is greater." The applicant shall submit nonconforming structure applications to the Department of Planning Services for buildings located within the required offset, or provide evidence to demonstrate that these buildings meet offset requirements. 3. The applicant shall submit two(2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant 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 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4. Prior to Release of Building Permits: A. A Letter of Approval from the Platte Valley Fire Protection District shall be provided to the Department of Planning Services. 5. No building or electrical permits shall 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. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 18th day of April, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELqCOUNTY, COLORADO ATTEST: Mid 1 att, ,,,,,k 1 �t� �'� . E. Long, Chair We County Clerk to the Bo= .r $ ?l`,,'r'� BY: 41 CI k Itr (Ai - Willa arcia (� AP D AS T 4 NI Robert . Masden un Attorney o las de r Date of signature: 511 in 2007-0844 PL1884 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SLW RANCH COMPANY, C/O STOW WITWER USR#1600 1. A Site Specific Development Plan and Use by Special Review Permit#1600 is for a Single Family Dwelling Unit, other than those permitted under Section 23-3-20.A of the Weld County Code(a guest house to be built in addition to an existing two-story residence)in the A (Agricultural) Zone District. 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, 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. 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. An Individual Sewage Disposal System is required for the proposed guesthouse and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. The system is required to be designed by a Colorado registered professional engineer, according to Weld County I.S.D.S. Regulations. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, 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 25-12-103, C.R.S. 9. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all conditions of the Weld County Code pertaining to Individual Sewage Disposal Systems. 10. Adequate hand washing and toilet facilities shall be provided. 11. The facility shall utilize the existing public water supply(North Weld County Water District). 12. This Use By Special Review Permit establishes two single-family residences on a single parcel. There is no requirement that the residences be separated through a land division, provided that they are in compliance with the Development Standards of this Use By Special Review Permit. 13. The second single family residence shall be for family members and guests of the property owners only. The home shall not be used as a rental. 2007-0844 PL1884 DEVELOPMENT STANDARDS - SLW RANCH COMPANY (USR#1600) PAGE 2 14. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 15. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Project Fee and the Stormwater Drainage Impact Fee. 16. In the event the adjacent property to the west of this Use by Special Review Permit site is sold separate from this parcel,the applicant shall contact the Weld County Department of Public Works to obtain a new access to the USR parcel. 17. The off-street parking, including the access drive to the guest house,shall be surfaced with gravel, asphalt, concrete, or the equivalent, and shall be graded to prevent drainage problems. 18. The historical flow patterns and runoff amount 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 runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. 19. The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. 20. A separate building permit shall be obtained prior to the construction of any structure. 21. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Currently, Weld County has adopted the following: 2003 International Building Code,2003 International Mechanical Code,2003 International Plumbing Code,2003 International Fuel Gas Code,2002 National Electrical Code,and Chapter29 of the Weld County Code. 22. A plan review is required for each new building,except for buildings that meet the definition of Agricultural Exempt buildings. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 23. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 24. Each new residential building will require an engineered foundation based on a site-specific Geotechnical Report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 2007-0844 PL1884 DEVELOPMENT STANDARDS - SLW RANCH COMPANY (USR #1600) PAGE 3 25. Fire resistance of walls and openings,construction requirements,maximum building height, and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. 26. Any future structures or uses on the site must obtain the appropriate zoning and building permits. 27. 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 the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 30. Weld County Government personnel 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. 31. 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. 32. 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. 2007-0844 PL1884 Hello