HomeMy WebLinkAbout20192989.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0018, 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 -
LAURA GRANADOS
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 24th day of
July, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Laura Granados, 14753 County Road 18, Fort Lupton, Colorado 80621, for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0018, 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 Recorded Exemption, RECX16-0140; being
part of the E1/2 SE1/4 of Section 21, Township 2
North, Range 66 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.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.3 (A.Policy 6.3) states: "Encourage
multi -generational, caretaker, guest and accessory quarters." The
proposed second single family dwelling has been used for family
that visits and the applicant would like the option of using it for
visiting family in the future.
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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 #86280 is being
re -permitted to allow for ordinary household purposes inside two (2)
Single -Family Dwellings, as stated in the Colorado Division of
Water Resources referral letter, dated March 13, 2019. There is an
existing septic system, permit #F19810038, for the existing primary
home (14753 CR 18) and is sized for three (3) bedrooms. There is
a second septic system, permit #G19940165, for the private kennel
that is no longer in use. A review for a bedroom addition was
completed by Environmental Health Services and the system was
determined to be adequate for two (2) bedrooms.
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, 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.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The uses surrounding the property
are primarily rural residential with the exception of the Aristocrat
Ranchettes Subdivision that is located southeast of the subject property
which contains one (1) acre residential lots. Additionally, the 2018 City of
Fort Lupton Future Land Use Map identifies the parcel as Agricultural and
Rural Residential and the land to the south is identified as Residential.
There are numerous Use by Special Review permits within one (1) mile of
the subject property, including: one (1) 70,000 -head obsolete turkey farm,
one (1) Single -Family Residence, one (1) auction site, one (1) 300 -foot
telecommunication tower, two (2) oil and gas support services facilities,
three (3) home businesses and thirteen (13) kennels. The Weld County
Department of Planning Services sent notice to eleven (11) surrounding
property owners within five hundred (500) feet. No concerns were received
back from surrounding property owners regarding the proposed
application.
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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. The site is located within the three (3) mile referral area of
the City of Fort Lupton. The City of Fort Lupton, in the referral comments
dated March 5, 2019, indicated that they wish to discuss annexation and
that the City of Fort Lupton requests an additional twenty-five (25) feet of
future right-of-way for County Road 18, because it is designated as a
Future Arterial in Fort Lupton's City Transportation Plan. The site is located
within the City of Fort Lupton's Intergovernmental Agreement Area (IGA).
As part of the pre -application process, Fort Lupton submitted a signed
Notice of Inquiry form that stated the applicant should consider annexation.
The applicant does not wish to annex at this time.
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, 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 "Prime (if they become irrigated),"
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.
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 Laura Granados, for a Site Specific Development Plan
and Use by Special Review Permit, USR19-0018, 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 parcel of land described above be, and hereby is, granted
subject to the following conditions:
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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 USR19-0018.
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 delineate and label the twenty-five (25) foot of
Future Right -of -Way, on the site map as stated in the City of Fort
Lupton referral dated March 5, 2019.
7) County Road 18 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.
8) 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) 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 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 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,
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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 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 24th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C• ORADO
ATTEST: ddavit) % air.
Weld County Clerk to the Board
ounty Attorney
Date of signature: OS(/o 71 f 4
arbara Kirkmeye , Chair
Mike Freeman, Pro-Tem
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAURA GRANADOS
USR19-0018
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0018, 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. 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.
5. The historical flow patterns and runoff amounts on the site will be maintained.
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
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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.
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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