HomeMy WebLinkAbout20193689.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0031, FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA
LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS DETAILED IN
SECTION 23-3-30, PER BUILDING ON LOTS IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT - CHRISTOPHER AND DEBRA CARPENTER
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 21st day of
August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Christopher and Debra Carpenter, 15647 Caroline Avenue, Ft. Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0031,
for accessory buildings with gross floor area larger than four percent (4%) of the total lot area, as
detailed in Section 23-3-30, per building on lots in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot 6, Block 22, Aristocrat Ranchettes Inc.; being
part of Section 27, Township 2 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. 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.D (A.Goal 4) states: "Promote a quality
environment which is free of derelict vehicles, refuse, litter and other
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SPECIAL REVIEW PERMIT (USR19-0031) - CHRISTOPHER AND DEBRA CARPENTER
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unsightly materials." The application materials explain that the
purpose of the structures is to store personal items from the
weather and from public view. The overall goal is to keep a clean
and orderly property. The application materials also state the plan
to replace the existing chain link fence with metal fencing to help
screen the structures.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 - Intent, of the Weld County Code states: "The
A (Agricultural) Zone District is also intended to provide areas for
the conduct of Uses by Special Review which have been
determined to be more intense or to have a potentially greater
impact than Uses Allowed by Right."
2) Section 23-3-40.Q - Uses by special review, of the Weld County
Code allows, "Accessory buildings with gross floor area larger than
four percent (4%) of the total lot area, as detailed in Section 23-3-
30, per building on lots in an approved or recorded subdivision plat
or lots part of a map or plan field prior to adoption of any regulations
controlling subdivisions." Based on the above Code section, the
applicant is eligible to apply for a Use by Special Review to permit
the numerous structures.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
one (1) acre residential lots, all platted within Aristocrat Ranchettes 1st
Filing, with the exception of the southern lots that are platted within
Aristocrat Ranchettes 2nd Filing. There are eight (8) lots located in Block
22 of the subdivision. All adjacent lots contain residences, and the subject
property, including the subject structures, is compatible with the
surrounding properties. The Weld County Department of Planning Services
sent notice to thirty-two (32) surrounding property owners within 500 feet
of the proposed USR boundary. No responses were received back and
three (3) notices came back as "unable to deliver". The applicants held a
community meeting in regard to their violation. Four (4) surrounding
property owners attended the meeting. The meeting resulted in no
complaints or opposition of the USR. There are a number of Use by Special
Review permits within one (1) mile of this site. There are seventeen (17)
USR Permits within the Aristocrat Ranchettes 1st and 2nd Filings. There
are six (6) for kennels, two (2) for accessory buildings, two (2) for home
businesses, two (2) for public utility, one (1) for an oil and gas support
service and one (1) for an auction site. Additionally, USR18-0101, located
northwest of the subject property, was approved by the BOCC on
March 13, 2019, for structures exceeding the 4 percent (4%) rule.
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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. This site is located within the three (3) mile referral area of
the City of Fort Lupton, which did not return a referral. The site is located
within the Fort Lupton Coordinated Planning Agreement (CPA) area. As
part of the pre -application process, Fort Lupton submitted a signed Notice
of Inquiry form, which stated that they did not have annexation interest. The
site is not located in a Regional Urbanization Area (RUA) or Urban Growth
Boundary (UGB) of a municipality.
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 A -P
(Airport) Overlay District, Geologic Hazard Overlay District, a Special Flood
Hazard Area or MS4 area. 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.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site contains soils designated as "Other," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
subject site is not used for agricultural purposes and the proposed use will
not further remove any active farm ground from production. The USR is
located in a developed residential subdivision.
G. Section 23-2-230.B.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 Christopher and Debra Carpenter, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0031, for accessory buildings with
gross floor area larger than four percent (4%) of the total lot area, as detailed in Section 23-3-30,
per building on lots in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0031.
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 applicants shall show and label the location of all existing
buildings.
5) The applicants shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
6) Caroline 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 on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld
County.
7) The applicants shall show and label the approved access locations,
approved access width and the appropriate turning radii (25') on the
site plan. The applicant must obtain an access permit in the
approved location(s).
8) The applicants shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy or 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 applicants 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 one hundred twenty (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 one hundred twenty (120)
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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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifteit) GC 4/140;4,
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPROVED AS TO FOR
p'1()
A sO• County Attorney
Date of signature: 09401) 9
arbara Kirkmeyer, hair
James
XCUSED
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHRISTOPHER AND DEBRA CARPENTER
USR19-0031
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0031, is for
accessory buildings with gross floor area larger than four percent (4%) of the total lot area,
as detailed in Section 23-3-30, per building on lots in an approved or recorded subdivision
plat or part of a map or plan field prior to adoption of any regulations controlling
subdivisions 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, Article 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 acquire an approved Right -of -Way Use Permit prior to commencement.
7. The historical flow patterns and runoff amounts on the site will be maintained.
8. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
10. Activity or use on the surface of the ground over any part of the septic system must be
restricted to that which shall allow the system to function as designed and which shall not
contribute to compaction of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
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 may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
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Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
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 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.
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 person 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 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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