HomeMy WebLinkAbout20190940.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0121, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND
SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
KEVIN AND KATHRYN BEILAND
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 13th day of
March, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Kevin and Kathryn Beiland, 6251 CR 20, Longmont, CO 80504 for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0121, for one (1)
Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot B of Amended Recorded Exemption,
AmRE-3310; being part of the SW1/4 of Section 18,
Township 2 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. 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.F.3 (A.Policy 6.3) states: "Encourage
multi -generational, caretaker, guest and accessory quarters." The
proposed Second Single -Family Dwelling is for an unrestricted
tenant. This could be for family, caretakers, or rental purposes.
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SPECIAL REVIEW PERMIT (USR18-0121) - KEVIN AND KATHRYN BEILAND
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2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." There is currently water and septic
service being provided to the property. Well Permit # 311637 allows
for ordinary household purposes inside two (2) single family
dwellings as stated in the Colorado Division of Water Resources
referral letter dated December 3, 2018. There is an existing septic
system, permit # G19732722, for the existing uninhabitable primary
home (6251 CR 20) and is sized for three (3) bedrooms. A new
septic system will be applied for and installed for the second
residence and shop.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 -- Intent, states, in part: "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."
This code section allows the applicant to apply for a USR (Use by
Special Review) Permit.
2) Section 23-3-40.M of the Weld County Code allows for one (1)
Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A (second single-family dwelling unit) in the
A (Agricultural) Zone District. This code section allows the applicant
to apply for the subject second home.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The uses surrounding this parcel
are primarily residential. The subject property is within a Weld County
quarter section enclave, which is surrounded by Frederick and Firestone
municipal limits. The properties to the east are located within the municipal
limits of the Town of Firestone, with the exception of multiple Recorded
Exemptions located within Weld County. The properties to the west are
located within the Town of Frederick municipal limits. The primary uses
within adjacent Firestone and Frederick municipal limits are residential
subdivisions. The proposed second home density is consistent with the
urban nature of the Firestone, Frederick and surrounding Weld County
properties making this proposal compatible. The proposed permit is for a
second residence for caretakers and family members which would not take
away from, nor hinder, the existing surrounding residential land uses. There
is one (1) Use by Special Review Permit, USR-1174, for a kennel (up to
125 dogs and 35 cats) located west of and adjacent to the site. There are
several Use By Special Review Permits within one (1) mile of the site,
including one (1) child care center, three (3) animal training facility/kennels,
one (1) recreation facility, one (1) single-family residence, one (1)
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accessory building and two (2) home businesses. The Weld County
Department of Planning Services sent notice to sixteen (16) surrounding
property owners within five -hundred (500) feet. No responses were
received back from surrounding property owners regarding the proposed
application.
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 Town of Firestone and the Town of Frederick. Both towns returned
referrals indicating no concerns. The site is located within the Town of
Firestone's Intergovernmental Agreement Area (IGA). As part of the
pre -application process, Firestone submitted a signed Notice of
Inquiry (NOI) form that stated the applicant should consider annexation.
The applicant does not wish to annex at this time. The Firestone NOI
response also stated the applicant shall use the existing access off of
County Road 20. The Town of Firestone will not grant another access point
at this time. Additionally, the 2013 Town of Firestone Future Land Use map
identifies the parcel as Low Density Residential. 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
Geologic Hazard Overlay District, a Special Flood Hazard Area, Airport
Overlay District or the Municipal Separate Storm Sewer System (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 soil designation for the site is "Irrigated (not prime)," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. Due
to the classification given, the proposed USR will not take "Prime
(Irrigated)" Farmland out of production. Additionally, the site is not current
farmland and the small lot size is not suitable for farming.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Kevin and Kathryn Beiland, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0121, for one (1) Single -Family
Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second single-family
dwelling unit) in the A (Agricultural) Zone District.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. An on -site wastewater treatment system is required for the caretaker's
residence and shall be installed according to the Weld County On -site
Wastewater Treatment System (OWTS) Regulations.
B. County Road 20 has been annexed by the Town of Firestone. Access and
right-of-way requirements will be determined by the Town.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0121.
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 show and label all recorded rights -of -way and
easements on the lot.
5) The applicant shall show and label the locations and setbacks of
the existing primary and secondary residences.
6) The applicant shall show and label the approved Town of Firestone
accesses on the map with access permit number, if applicable.
7) The applicant shall show 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) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the plat the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
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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)
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. 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. The Use by Special Review 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 13th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W_ LD COUNTY, CO ORADO ,
ATTEST: dittivt)jeitou
Weld County Clerk to the Board
BY:
Deputy Clerk
oun y Attorney
Date of signature: y/q/1q
E3arbara Kirkmeyer Chair
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KEVIN AND KATHRYN BEILAND
USR18-0121
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0121, is
for one (1) Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A (second single-family dwelling unit) 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 historical flow patterns and runoff amounts on the site will be maintained.
5. Weld County is not responsible for the maintenance of on -site drainage related features.
6. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
7. Any On -site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems.
8. 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.
9. 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.
10. 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
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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.
11. 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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