HomeMy WebLinkAbout20201748.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0010, FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA
LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA IN THE
A (AGRICULTURAL) ZONE DISTRICT - PAUL AND VALERIE TAMS
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
June, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Paul and Valerie Tams, 5110 Yucca Court, Johnstown, Colorado 80534, for a
Site Specific Development Plan and Use by Special Review Permit, USR20-0010, for accessory
buildings with gross floor area larger than four percent (4%) of the total lot area in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot 2, Block 2, Northmoor Acres; being part of
Section 24, Township 4 North, Range 68 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. 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.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.F.2 (A.Policy 6.2) states: "Support opportunities,
such as but not limited to hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle." An accessory
building can provide opportunity for hobbies that come with a rural
lifestyle.
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SPECIAL REVIEW PERMIT (USR20-0010) - PAUL AND VALERIE TAMS
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2) Section 22-2-20.D (A.Goal 4) states: "Promote a quality
environment which is free of derelict vehicles, refuse, litter and other
unsightly materials." The accessory building can be used to store
the applicant's personal items, which will keep them from being
visible to the public.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. According to Section 23-3-60.A, the
A (Agricultural) Zone District allows accessory buildings with gross floor
area larger than four (4%) percent of the total lot area upon approval of a
Special Review Permit. The building will be setbacks and offsets.
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 in the
Northmoor Acres Subdivision. Several homes in the neighborhood have
large outbuildings, though none permitted have required a Use by Special
Review Permit. There are three (3) Use by Special Review Permits in the
neighborhood for a kennel (SUP-35), a home business (USR-752), and a
water tank (USR-1538). Approval of the proposed structure from the
Northmoor Acres Homeowners Association was submitted with the
application. The Weld County Department of Planning Services sent notice
to 17 surrounding property owners. Planning staff received a petition from
seven (7) surrounding property owners within 500 feet of the parent parcel
stating, "The neighbors in the Northmoor Acres Subdivision who have
signed below are asking that the permit be denied." No further explanation
for the denial request was included. One (1) phone call was received from
one (1) of the petitioners citing a distrust of the applicant and expressing
confusion over the application and neighbor rights; however, no specific
impacts were mentioned. Staff explained to the caller that the Weld County
Code does allow oversized accessory structures upon approval of the
Board of County Commissioners through this Use by Special Review
process. A text message from a surrounding property owner was submitted
by the applicant explaining the reasoning for the petition being founded in
a misunderstanding of Weld County's position on oversized accessory
structures. 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.
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 located within the three (3) mile referral area of
the Towns of Berthoud, Mead, and Johnstown. The Town of Johnstown, in
the referral comments dated April 17, 2020, indicated that they have no
concerns. The Towns of Berthoud and Mead did not return referral
responses.
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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, a Special Flood Hazard Area or the
Airport Overlay District. Building Permits issued on the lot 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 proposed building is not located on irrigated land, nor is it being
used for agriculture.
G. Section 23-2-230.B.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 Paul and Valerie Tams, for a Site Specific Development
Plan and Use by Special Review Permit, USR20-0010, for accessory buildings with gross floor
area larger than four percent (4%) of the total lot area 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 the concerns of the Weld County Department
of Public Works referral, relating to the existing, unpermitted, parcel access
location.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0010.
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 map shall delineate the existing landscaping and screening.
5) Yucca Court is a paved 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 existing right-of-way (along with the documents creating
the existing right-of-way) and the physical location of the road on
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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) Cactus Drive is a paved 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 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.
7) County Road 42 is a paved 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 the right-of-way. This road is maintained
by Weld County.
8) County Road 11 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 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 the right-of-way. This road is maintained
by Weld County.
9) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to operation.
10) The applicant shall show and label the 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.
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map 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. The Use by Special Review 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
map 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 17th day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dotitm) �' urigo;e1
Mike Freeman, Chair
Weld County Clerk to the Board
/ Steve oreno, Pro-Tem
BY:
r�eputy Clerk to the Board
a Scot . James
APP ASS-�=�
ISO �[ arbara Kirkme
ounty Attorney O ' ;�
lJ 1.> Kevin D. Ross
Date of signature: O7/i3/2.O
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PAUL AND VALERIE TAMS
USR20-001 0
1. A Site Specific Development Plan and Use by Special Review Permit, USR20-0010, for
accessory buildings with gross floor area larger than four percent (4%) of the total lot area
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 existing landscaping and screening on the site shall be maintained.
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. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
7. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall acquire an approved Right-of-Way Use Permit prior to commencement.
8. The historical flow patterns and runoff amounts on the site will be maintained.
9. Weld County is not responsible for the maintenance of on-site drainage related features.
10. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
11. 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, 2006
International Energy Code, 2017 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.
12. 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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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 Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
16. A Use by Special Review Permit 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.
17. 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 persons 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.
18. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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