HomeMy WebLinkAbout20230226.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0032, TO EXCEED THE MAXIMUM ALLOWED BUILDING
COVERAGE (UP TO 12%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE
DISTRICT - JEREMY BROWN
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 25th 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 Jeremy Brown, 6697 Lakota Court, Loveland, Colorado 80534, for a Site
Specific Development Plan and Use by Special Review Permit, USR22-0032, 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 13, Block 1 of Indianhead Subdivision; being part
of Section 18, Township 5 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 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. 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, Indianhead Subdivision, and it is comprised of
17 residential lots within Block 1, that are platted between
0.927 acres and 1.29 acres in area, with the average lot size being
1.028 acres in area. All structures will meet offsets and setbacks
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SPECIAL REVIEW PERMIT (USR22-0032) — JEREMY BROWN
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from adjacent property lines and road rights -of -way and will not
adversely impact the surrounding area.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. The proposed building coverage
exceedance is permittable under Section 23-3-60.6 of the Weld County
Code, by a Use by Special Review.
1) Section 22-2-30.C states: "Harmonize development with
surrounding land uses, and 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 request meets the intent because it is located
on an existing, 1997 platted subdivision lot, and 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 applicant
submitted a letter, dated September 16, 2022, from Gene Martinez,
HOA President of Indianhead Subdivision, indicating the Indianhead
Estates Board and Architectural Committee had reviewed the request and
is satisfied with the design, and granted Final Approval for the planned
construction. The Department of Planning Services sent notice to
21 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 (Indianhead Subdivision)
that has existing residences and outbuildings.
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 property is in an existing residential subdivision
(Indianhead Subdivision) 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 Johnstown and
Windsor, and the City of Greeley. The site is also within the Coordinated
Planning Agreement area for the Town of Windsor, who returned a Notice
of Inquiry form on September 15, 2022, and in a referral response, dated
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SPECIAL REVIEW PERMIT (USR22-0032) — JEREMY BROWN
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November 9, 2022, indicating the subject property is outside the Town's
Growth Management and Community Influence areas, therefore, they had
no further comment. The City of Greeley, in a referral dated November 22,
2022, stated, the subject site is located outside of Greeley's Long Range
Expected Growth Area (LREGA), the area in which the community
anticipates annexation and urban development to occur in the future. The
Town of Johnstown did not return a referral response.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is located within
the MS4 - Municipal Separate Storm Sewer Systems overlay area. Weld
County currently holds a federally mandated Municipal Separate Storm
Sewer System (MS4) Permit, issued by the Colorado Department of Public
Health and Environment (CDPHE), for all unincorporated urban areas
within the County. As required by the permit, a Stormwater Management
Program was developed with a goal of reducing the amount stormwater
pollution entering local creeks, streams and rivers from these urbanized
areas. Urbanized areas are determined by U.S. Census data, which is
updated every ten (10) years. 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.B.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 subdivision lot, 0.942 acres in size, covered
by existing improvements, and is not in agricultural production.
G. Section 23-2-230.B.7 — It has been determined that 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. The proposal has been reviewed by the
appropriate referral agencies and will address and mitigate impacts on the
surrounding area with the approval of this request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jeremy Brown, for a Site Specific Development Plan
and Use by Special Review Permit, USR22-0032, 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:
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1) All sheets of the map shall be labeled USR22-0032.
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) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) Lakota Court is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as a
local road, 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 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. This road is maintained by Weld County.
6) The applicant shall show and label the existing access location on
Lakota Court.
7) 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 25th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithiv G •„k,
Weld County Clerk to the Board
BY:
APP
County A orney
Date of signature: o2/cAl /2-3
Miky-Freiman, Chair
PerrPro-Tem
Sco t K. James
Lori Sain
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PL2855
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JEREMY BROWN
USR22-0032
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0032, 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 of 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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