HomeMy WebLinkAbout20222728.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE = SPECIA
PERMIT, USR22-0017, FOR BUILDINGS EXCEEDING THE MA UM B
COVERAGE IN SUBDIVISIONS (UP TO 17.5%) IN THE A (AGRIC URAL) Z
DISTRICT - JEFFREY FUTTER
WHEREAS, the Board of County Commissioners of Weld
Colorado statute and the Weld County Home Rule Ch- -r, is v
administering the affairs of Weld County, Colorado, and
t to
with the authority of
WHEREAS, the Board of County Commission= eld a public hearinthe 5th day of
October, 2022, at the hour of 10:00 a.m., in the Cham - rs • e Board, for the pur• . - of hearing
the application of Jeffrey Futter, 5367 Aspen Ave -, Erie, • ' orado 80516, for a Si e Specific
Development Plan and Use by Special Re ' -w P- it, USR22-' . 7, for Buildin•s exceeding the
Maximum Building Coverage in subdivisio s (up t• 17.5%) in the A • ricultur_ one District, on
the following described real estate, being ore particularly described . foils:
Lot 7, Block 5 of C rmacar Ranchettes; being pa
the SE1/4 of ' -ction 5, Township 1 h,
Range 68 West the 6th P.M., Weld ' aunty,
Colorado
WHEREAS, at said aring, the a .licant was present, and
WHEREAS, Secti• 23-2-230 of the eld County Code pr vides standards for review of
said Use by Special Revi= Permit - • •
WHERE ' S, the Board of County C sioner Bard all of the testimony and
statements • hose present, studied the reques •f th- . •plicant and the recommendation of the
Weld Cou Planning Commission and all of th exhibits and evidence presented in this matter
and, hay • been fully informed, finds that this r= uest shall be approved for the following reasons:
The sub itted materials ar: n compliance with the application requirements of
Section 3-2-260 of th- - d County Code.
a plicant has demonstrated that the request is in conformance with
Se • '. 23-2-230.B of the W
County Code as follows:
A. -ction 23-2-230.:.1 — The proposed use is consistent with Chapter 22
anany other ap•'cable Code provisions or ordinance in effect.
1) ection 2-2-30.C.2 states: "Establish residential development
o .ons based on compatibility, proximity to municipalities, and
av- , . lity of services that reflect the desired density and character
of th. location." The proposed building will not have a negative
`fact on the character of the surrounding area. The property is
located in an existing subdivision (Carmacar Ranchettes) and is
comprised of residential lots approximately one (1) acre in size and
larger. The proposed building will meet offsets and setbacks from
CC:PL(cP/Kw/G6) CA(KM)
APPL., APPL..'REP.
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SPECIAL REVIEW PERMIT (USR22-0017) — JEFFREY FUTTER
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adjacent property 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 use is permittable under Section 23-3-60.B of
the Weld County Code as a Use by Special Review Permit.
"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 proposal meets the
intent because it will not change the use of the property 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 agriculturally -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. The proposed Conditions of
Approval and Development Standards will assist in mitigating the
impacts of the facility on adjacent properties and ensure
compatibility with surrounding land uses and region. The use
proposed under this USR is consistent and compatible with other
uses in the subdivision (single-family residences with garages and
outbuildings). The USR is in an existing developed subdivision
(Carmacar Ranchettes) that has existing residences and
outbuildings. There are two (2) existing USRs to exceed lot
coverage within Carmacar Estates (USR-887 and USR20-0037).
The property is screened by existing mature trees and vegetation.
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 (Carmacar Estates) and the
proposed building additions are consistent with the uses of other
properties in the area. The site is not located within an existing
Intergovernmental Agreement Area (IGA) of a municipality. The site
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SPECIAL REVIEW PERMIT (USR22-0017) — JEFFREY FUTTER
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is located within the three (3) mile referral area of the
City of Dacono, Town of Erie and the Town of Frederick. No referral
response has been received from Dacono, Erie or Frederick.
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.
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 1.7 -acre
subdivision lot, covered by existing improvements, and not in
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 Jeffrey Futter, for a Site Specific Development Plan and
Use by Special Review Permit, USR22-0017, for Buildings exceeding the Maximum Building
Coverage in subdivisions (up to 17.5%) 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 applicant shall address and acknowledge the requirements of the
Mountain View Fire District, as stated in the referral response, dated July 8,
2022. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0017.
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) Spruce Drive is a paved road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet
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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
road on the site map or plat. All setbacks shall be measured from
the edge of the right-of-way. This road is maintained by Weld
County.
5) Pikes Peak Street is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
location of the road label on the site map or plat. All setbacks shall
be measured from the edge of the right-of-way. This road is
maintained by Weld County.
6) The applicant shall show and label the access location onto Spruce
Drive, including the approved access width, and the appropriate
turning radii on the site plan. The applicant shall specify the access
type and show and label the existing access onto Pikes Peak Street
as "close and reclaim."
7) The applicant shall show and label the drainage flow arrows.
8) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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,
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SPECIAL REVIEW PERMIT (USR22-0017) — JEFFREY FUTTER
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrtif,,v , ..(d,k,
Weld County Clerk to the Board
County Attorney
Date of signature: 1o/27/22
Scott K. James, Chair
Mike man, Pro-Tem
Perry L. B
teve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JEFFREY FUTTER
USR22-0017
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0017, is for
Buildings exceeding the Maximum Building Coverage in subdivisions (up to 17.5%) 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. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. 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.
5. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
6. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
7 Prior to the release of Building Permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown on
this plat.
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
9. The historical flow patterns and runoff amounts on the site will be maintained.
10. 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.
11. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
12. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures 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: 2018 International Building Codes, 2018
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DEVELOPMENT STANDARDS (USR22-0017) — JEFFREY FUTTER
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International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
13. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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
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DEVELOPMENT STANDARDS (USR22-0017) — JEFFREY FUTTER
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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.
20. 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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