HomeMy WebLinkAbout20213129.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0014, FOR ONE (1) SECOND SINGLE-FAMILY DWELLING PER
LEGAL LOT IN THE A (AGRICULTURAL) ZONE DISTRICT - VICTORIA AND SHAWN
MCCUNE
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 17th day of
November, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Victoria and Shawn McCune, 2346 Appaloosa Avenue, Brighton,
Colorado 80603, for a Site Specific Development Plan and Use by Special Review Permit,
USR21-0014, for one (1) Second Single -Family Dwelling per legal lot in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot 5, Block 1 of Nelson Subdivision; being part of
the SE1/4 of Section 24, Township 1 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were 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 23-2-30.C.2 of the Weld County Code 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 proposed second
residence will be compatible with the existing area. There is an
existing USR for a second residence located to the west, approved
in 2017 under USR17-0011. The property is surrounded by
residential lots.
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SPECIAL REVIEW PERMIT (USR21-0014) VICTORIA AND SHAWN MCCUNE
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Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-60.V allows for one (1) second Single -Family Dwelling
per Legal Lot, subject to the provisions of Division 8 of Article IV of
Chapter 23. 2) Section 23-3-10 — Intent, states: "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 the second residence will not
interfere with, nor is incompatible with, agricultural uses in the area.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Use is in an area
that can support this development. The property is located within an
existing residential subdivision (Nelson) and is located immediately to the
east of a property that contains a second residence (approved under
USR17-0011).
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 (3) mile referral area of
the Cities of Brighton and Fort Lupton and no referral response has
been received from either municipality. The site is also located within the
Fort Lupton/Weld County Intergovernmental Agreement (IGA) boundary.
The City of Fort Lupton responded on July 14, 2021, that they were not
interested in pursuing annexation of this property.
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 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 proposal is located on approximately 2.51 acres identified as
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Farmland of statewide importance with a portion identified as Farmland of
local importance, per the 2020 Natural Resource Conservation Service Soil
Survey. No farmland is being removed from production, as this property is
part of an existing residential subdivision (Nelson) and has an existing
residence and outbuildings.
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 Victoria and Shawn McCune, for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0014, for one (1) Second
Single -Family Dwelling per legal lot 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 USR21-0014.
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) Appaloosa Avenue 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 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 right-of-way. This road is maintained by
Weld County.
5) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii on the site
plan. Show and label the access to be closed and reclaimed. The
applicant must obtain an access permit in the approved locations
prior to construction.
6) The applicant shall show and label the drainage flow arrows.
7) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. Prior to Construction:
A. The approved accesses shall be permitted and constructed prior to on -site
construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
5. Prior to the issuance of the Certificate of Occupancy for the second residence:
A. An On -site Wastewater Treatment System (OWTS) is required for the
proposed residence and shall be installed according to the Weld County
OWTS Regulations.
6. 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 17th day of November, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: digteLet)•aC,ltD��
Weld County Clerk to the Board
BY:
Stev
Moreno
hair
erry L. B
APP
County orney
Lori Sai
Date of signature:
mes, Pro -T
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SITE -SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VICTORIA AND SHAWN MCCUNE
USR21-0014
1. The Site Specific Development Plan and Use by Special Review Permit, USR21-0014, is
for one (1) Second Single -Family Dwelling per legal lot 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 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.
4. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
8. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
9. 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.
10. 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
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.
11. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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12. 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.
13. 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.
14. The property owner or operator shall be responsible for complying with all 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.
15. 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.
16. 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.
17. 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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