HomeMy WebLinkAbout20040174.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1450 FOR A SINGLE FAMILY DWELLING UNIT (OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - LOYD AND SHEILA SCHLICHENMAYER
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 4th day of
February,2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Loyd and Sheila Schlichenmayer, 5090 Weld County Road 1, Erie, Colorado
80516,for a Site Specific Development Plan and Use by Special Review Permit#1450 for a Single
Family Dwelling Unit(other than those permitted under Section 23-3-20.Aof the Weld County Code)
in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption#761;being part of the
SW 1/4SW 1/4 of Section 6,Township 1 North,Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
February 18, 2004, due to the absence of the applicant's attorney, and
WHEREAS, on February 18, 2004, said applicant was represented by Fred Otis of Otis,
Goan and Stewart, LLC, 1812 56th Avenue, Greeley, Colorado 80634, 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 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 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 23-2-230.6.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.A.1 (A.Goal 1) states, "Conserve agricultural land for
agricultural purposes which foster the economic health and continuance of
agriculture." The proposal does not effect the productivity of the site.
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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. 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
Section 23-3-20.A, in the A(Agricultural)Zone District, subject to a Use by
Special Review Permit. There is currently one single family residence
located on the property, situs address 5090 Weld County Road 1, Erie,
Colorado 80516. There is a current combined Building and Zoning Violation
(VI-0300134)on the property that was initiated as a result of the conversion
and utilization of a barn/garage as a dwelling unit without the necessary
Building and Zoning Permits.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
predominantly rural residential developments, Recorded Exemption lots,and
agricultural lands with residences. Boulder County open space is
immediately to the west. 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.
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 site is
within the three-mile referral area for the Towns of Erie and Frederick. The
Town of Erie stated that the request does not comply with its Comprehensive
Plan. The land use designation for this parcel is one (1) dwelling unit per
each five (5) acres. The property is not influenced by either an
Intergovernmental Agreement(IGA)or an Urban Growth Boundary(UGB).
The Town of Frederick did not respond to the referral.
e. Section 23-2-230.6.5 --The application complies with Section 23-5 of the
Weld County Code. The site is located within the 100-year Floodplain as
delineated on the FIRM Community Panel Map 080266 0960D, dated
September 28, 1992. The applicant will be required to amend the existing
Flood Hazard Development Permit(FHDP-361)to bring the property and the
new use into compliance with the Federal Emergency Management Agency
(FEMA)requirements. The Department of Building Inspection is requiring an
amended Flood Hazard Development Permit be submitted for the conversion
of this building to a dwelling. Effective January 1, 2003, Building Permits
issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Program.
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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 U.S.D.A. Soils Maps indicate that the soils on this property are
designated"Prime"land. The property under review is three(3)acres in size
and is not considered to be a viable agricultural property.
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County 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 Loyd and Sheila Schlichenmayer for a Site Specific
Development Plan and Use by Special Review Permit#1450 fora Single Family Dwelling Unit(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 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 readyforrecording 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 applicant shall designate envelopes for replacement absorption fields for
both residences. The envelopes shall be designated on the plat and
language for the preservation and/or protection of the second absorption field
envelope shall be noted on the plat. Specifically, the plat shall state that
activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etcetera) are expressly
prohibited in the designated absorption field site. The applicant shall submit
evidence of compliance to the Department of Planning Services.
B. The second residence does not have an approved septic system. A septic
systems permit shall be obtained from the Weld County Department of
Public Health and Environment. The septic system must comply with all
requirements of the Weld County Code. Permitting of the system shall be
conducted in accordance with Department policy regarding septic systems
installed without an appropriate permit. Further, because the system is
located within the floodplain it must comply with the Weld County I.S.D.S.
Floodplain Policy. The applicant shall submit evidence of compliance to the
Department of Planning Services.
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C. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1450.
2) The attached Development Standards.
3) Adherence to Section 23-2-260.D of the Weld County Code which
pertains to the Use by Special Review Permit Plan Map.
4) Weld County Road 1 is designated on the Road Capital Improvement
Plan in the County-Wide Impact Fee Code Ordinance,
Section 20-1-30, as a future major arterial road, which requires a
140-foot right-of-way at full build out. This section of road falls under
the maintenance of Boulder County. The applicant may reserve and
show on the plat drawing the future right-of-way adjacent to Weld
County Road 1 designating 70 feet from the section line/center line
of Weld County Road 1 to the future right-of-way line. The applicant
should be aware that there shall be no permanent structures allowed
in this future right-of-way.
5) The limited access to Weld County Road 1 involves sharing an
access point for multiple parcels. Utilize the existing access.
6) All approved accesses shall be clearly shown on the plat. The
applicant shall contact the Weld County Department of Public Works
to determine if a culvert is necessary at any approved road access
point. If a drainage culvert is required, a 15-inch Corrugated Metal
Pipe (CMP) is Weld County's minimum size. If the applicant
chooses to place a larger culvert, please contact the Weld County
Department of Public Works to adequately size the culvert.
D. The applicant must obtain a Building Permit for the modified pole barn that
has been converted into a duplex. Further, the structure shall comply with
all installation standards of Chapter 29 of the Weld County Code.
E. The applicant shall submit written evidence to the Department of Planning
Services stating that the duplex has been converted into a single family
residence that has one permanent kitchen. The structure will be in
compliance with the definition of a Single Family Dwelling as stated in the
Weld County Code.
F. The applicant shall provide the Weld County Department of Planning
Services with a certificate from the Weld County Treasurer showing no
delinquent taxes exist for the subject parcel.
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G. The applicant shall provide written evidence of compliance with all basic
life-safety issues, as outlined in the referral from the Mountain View Fire
Protection District, received October 16, 2003,.
H. The applicant shall attempt to comply with the requirements of the Mountain
View Fire Protection District,as outlined in the referral received October 16,
2003. Written evidence of such shall be submitted to the Department of
Planning Services.
The applicant shall amend the existing Flood Hazard Development Permit,
FHDP-361 to bring the property and the new use into compliance with FEMA
requirements.
J. The applicant shall provide written evidence of compliance with the Colorado
Office of the State Engineer concerning the existing well,Permit No.252966,
to the Department of Planning Services.
K. In a letter dated November 7,2003, the St.Vrain School District states it is
opposed to the approval of this application due to the development's impact
on already overcrowded school facilities. The District further states that
"...should the County approve this development proposal, the School
District's cash-in-lieu and/or land dedication requirements would still need to
be satisfied. Since this property is not a likely future school site, the
cash-in-lieu fee would be assessed per lot within the development."Further,
the letter states, "The School District's current opposition may be modified
should the developer come to an agreement with the School District
regarding capacity concerns. School District policy acknowledges two
possible ways to accommodate this. The first is for the developer to agree
to mitigate the development's potential impact on capacity by agreeing on a
voluntary, per unit contribution to the School District, in addition to the
cash-in-lieu funds. The second way to resolve capacity concerns would be
for the developer to commit to not constructing any residential structures
prior to the availability of school capacity." The applicant shall provide written
evidence to the Department of Planning Services addressing the concerns
of the St. Vrain School District.
L. The applicant shall submit to the Weld County Department of Planning
Services a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress and
egress and shall be referenced on the plat by the Weld County Clerk and
Recorder's reception number. The applicant indicated that there is a 20-foot
access easement by record, Record No.02034134. This document should
be included in the record prior to recording.
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3. Prior to obtaining a Certificate of Occupancy
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
B. Written evidence shall be provided to the Department of Planning Services
stating that all conditions associated with the Flood Hazard Development
Permit,AmFHDP-361,have been met to the satisfaction of the Departments
of Building Inspection, Public Health and Environment, and Planning
Services.
C. Written evidence shall be provided to the Department of Planning Services
stating that all conditions,issues and factors associated with the Department
of Building Inspection on-site inspection, and Plan Review have been
addressed to their satisfaction.
4. 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.
5. The applicant shall submit a digital file of all drawings associated with the Use by
Special Review application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation);acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable).
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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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., 2004.
BOARD OF COUNTY COMMISSIONERS
LD OU COLORADO
ATTEST: /LS
obert D. Masden, Chair
Weld County Clerk to the .tar. '��" `
x,861 ,BY:
�� '�.?n•` illiam Jerke, Pro-Tern
Deputy Clerk to the Boa (
♦��.•I� M. J. Geile
OV AS EXCUSED
David E. Long
unty ttorney 44,
Glenn Vaad -
Date of signature: ak
2004-0174
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOYD AND SHEILA SCHLICHENMAYER
USR#1450
1. The Site Specific Development Plan and Use by Special Review Permit#1450 is fora Single
Family Dwelling Unit (other than those permitted under Section 23-3-20.A of the Weld
County Code)in the A(Agricultural)Zone District,as indicated in the application materials
on file 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 in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103, C.R.S.
8. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
9. This application is proposing a well(s)as its source of water. The applicant should be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses,i.e.domestic use only,etcetera. Also,the applicant should be made
aware that groundwater may not meet all drinking water standards as defined by the
Colorado Department of Public Health and Environment. We strongly encourage the
applicant to test their drinking water prior to consumption and periodically test it over time.
10. Further subdivision of this parcel will require the vacation of Use by Special Review
Permit#1450.
11. The 8,000-square-foot structure,that has been converted to a single family residence with
workshop space, shall be for family members only. The single family residence shall not
be used as a rental for non-family members.
12. 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 Program.
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13. Building permits shall be obtained for the conversion of the garage/shop into a dwelling.
14. A Plan Review is required. Details shall be submitted to the Department of Building
Inspection to explain all structural and life safety aspects of this conversion.
15. This building shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 1997 Uniform Building
Code (UBC); 1998 International Mechanical Code (IMC); 1997 International Plumbing
Code(IPC);2002 National Electrical Code(NEC),and Chapter 29 of the Weld County Code.
16. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation
of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B
and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
17. Building height shall be measured in accordance with the 1997 UBC 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.
18. All proposed or existing structures will meet the minimum setback and offset requirements
for the Zone District in which the property is located.Pursuant to the definition of setback in
the Weld County Code,the required setback is measured from the future right-of-way line.
19. Any future structures or uses on site must obtain the appropriate Zoning and Building
Permits.
20. 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.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property complywith the
Development Standards stated herein and all applicable Weld County regulations.
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DEVELOPMENT STANDARDS - LOYD AND SHEILA SCHLICHENMAYER (USR #1450)
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24. 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.
25. 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.
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