HomeMy WebLinkAbout20230056.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0029, TO EXCEED THE MAXIMUM ALLOWED BUILDING
COVERAGE (UP TO 12%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE
DISTRICT — JULIE WALKER
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
January, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Julie Walker, 9712 Sierra Vista Road, Longmont, Colorado 80504, for a Site
Specific Development Plan and Use by Special Review Permit, USR22-0029, to exceed the
maximum allowed building coverage (up to 12%) in a subdivision in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot 1, Block 3 of Casagrande Estates; being part of
Section 17, Township 2 North, Range 67 West of the
6th P.M., Weld County, Colorado
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 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. The applicant has demonstrated that the request is in conformance 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.
1) Section 22-2-30.C.2 states: "Establish residential development
options based on compatibility, proximity to municipalities, and
availability of services that reflect the desired density and character
of that location." The buildings will not have a negative impact on
the character of the surrounding area. The property is located in an
existing subdivision, Casa Grande Estates, which is comprised of
residential lots that are platted at 0.94 acres, up to 2.32 acres in
area, with the average lot size being 1.16 acres in area. All
structures will meet offsets and setbacks from adjacent property
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SPECIAL REVIEW PERMIT (USR22-0029) — JULIE WALKER
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lines and road rights -of -way, and will not adversely impact the
surrounding area.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) The proposed building coverage exceedance is permittable under
Section 23-3-60.6 of the Weld County Code by a Use by Special
Review. "Agriculture in the County is considered a valuable
resource, which must be protected from adverse impacts resulting
from uncontrolled and undirected business, industrial and
residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential
feature of the county. The A (Agricultural) Zone District is intended
to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." The
request meets the intent because the request will not impact
existing agricultural uses.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposal is located within an
existing A (Agricultural) zoned subdivision and is adjacent to other
residential lots with similar uses. The proposal will not change the character
of the neighborhood and is in an area that can support this development.
Many lots in this subdivision have similar oversized buildings. The
Department of Planning Services sent notice to 27 surrounding property
owners and no responses were received. The Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land
uses and the region. The uses proposed under this USR are consistent
and compatible with other uses in the subdivision (single-family residences
with garages and outbuildings). The USR is in an existing developed
subdivision (Casa Grande Estates), which has existing residences and
outbuildings.
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 in an existing residential subdivision (Casa
Grande Estates) and the proposed building additions are consistent with
the uses of other properties in the area. The site is located within the
three (3) mile referral area for the Towns of Firestone and Frederick and
the Coordinated Planning Agreement area (CPA) of the City of Fort Lupton
and Town of Firestone. The City of Fort Lupton did not return a signed
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SPECIAL REVIEW PERMIT (USR22-0029) — JULIE WALKER
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Notice of Inquiry response and the Town of Firestone returned the Notice
of Inquiry form dated, October 5, 2022, indicating that the city is not
interested in annexing this property. The Towns of Firestone and Frederick
returned referrals dated, October 25, and October 26, 2022, respectively,
indicating no concerns.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, or a Special Flood Hazard Area. 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 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The property is an existing 0.95 -acre subdivision lot, which is covered
by existing improvements and has no agricultural production.
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 can 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 Julie Walker, for a Site Specific Development Plan and
Use by Special Review Permit, USR22-0029, to exceed the maximum allowed building coverage
(up to 12%) in a subdivision in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0029.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Both Del Comundo Lane and Sierra Vista Road are paved roads
and are designated on the Weld County Functional Classification
Map (Code Ordinance #2017-01) as local roads, which require
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
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location of the roads on the map. If the existing rights -of -way cannot
be verified, they shall be dedicated. Pursuant to the definition of
setback in the Weld County Code Section 23-1-90, the required
setback is measured from the future right-of-way line. These roads
are maintained by Weld County.
5) The applicant shall show and label the existing access location on
Sierra Vista Road and the proposed access onto Del Comundo
Lane. The applicant shall show and label the existing access onto
Del Comundo Lane as "close and reclaim."
6) The applicant shall show and label drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diaAtA)
Weld County Clerk to the Board
Count Attorney
Date of signature: Ol/2H/.3
Mi Leman, Chair
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JULIE WALKER
USR22-0029
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0029, is to
exceed the maximum allowed building coverage (up to 12%) in a subdivision in the
A (Agricultural) Zone District, 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. The building coverage shall not exceed twelve percent (12%) of the platted lot.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
6. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
7 This site is located in the MS4 area and is subject to the regulations of the state -issued
MS4 Permit.
8. The historical flow patterns and runoff amounts on the site will be maintained.
9. All structures must meet the required setbacks from the existing On -site Wastewater
Treatment System (OWTS) in compliance with provisions of the Weld County Code,
pertaining to OWTS.
10. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
11. 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.
12. 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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13. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
14. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
15. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
16. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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