HomeMy WebLinkAbout20191678RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0127, FOR A 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 -
CLAIRE SCAVELLO
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 8th day of
May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Claire Scavello, 16859 County Road 4, Brighton, Colorado 80603, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0127, for a 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 12, Block 2, Jo Ann Subdivision; being part of
Section 26, Township 1 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 Unit is for an unrestricted
tenant. This could be for family, caretakers, or rental purposes.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
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SPECIAL REVIEW PERMIT (USR18-0127) - CLAIRE SCAVELLO
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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 #82742-F allows
for ordinary Household and Commercial Use. There is an existing
septic system, permit #SP -9600197, for the existing home
(16859 CR 4) and is sized for three (3) bedrooms. A new septic
system will be applied for and installed for the second residence.
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, 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.
Section 23-3-40.M states: "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 Agricultural (A) 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 property is Lot 12, Block 2 of
Jo Ann Subdivision. The uses surrounding this parcel are primarily
residential. Most of the properties located to the east and south are in the
municipal limits of Lochbuie. The properties to the west are located within
the Jo Ann Subdivision. The properties to the north are rural residential.
The primary uses within adjacent Lochbuie municipal limits are residential
subdivisions. The proposed second home density is consistent with the
urban nature of Lochbuie and the Jo Ann Subdivision making this proposal
compatible. The proposed permit is for a second residence for family
members, which would not take away nor hinder from the existing
surrounding residential land uses. There is a total of five (5) Use by Special
Review Permits within a one (1) mile radius of the subject property:
USR-862 (accessory building), USR16-0028 (twelve (12) inch natural gas
pipeline) and USR-1711 (double circuit 230 kV transmission line), both are
located north of the property; USR12-0011 (One (1) greater than 10 -inch
natural gas transmissions pipeline and associated facilities), and
USR14-0067 (Major Facility of a Public Utility or Public Agency), are all
located to the west of the subject property. The Weld County Department
of Planning Services sent notice to thirty-eight (38) surrounding property
owners within five hundred (500) feet. No responses were received back
from surrounding property owners regarding the proposed application.
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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 a three (3) mile referral area of the
City of Brighton, the City of Fort Lupton, and the Town of Lochbuie. The
City of Fort Lupton returned a referral indicating no concerns. The City of
Brighton and Town of Lochbuie did not respond. The site is located in the
Coordinated Planning Agreement (CPA) of the City of Fort Lupton. As part
of the pre -application process, Fort Lupton submitted a signed Notice of
Inquiry (NOI) form stating they do not wish to annex at this time.
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 "Other Land," 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.
NOW, THEREFORE, BE IT RESOLVED by tfte Board of County Commissioners of Weld
County, Colorado, that the application of Claire Scavello, for a Site Specific Development Plan
and Use by Special Review Permit, USR18-0127, for a 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:
1. Prior to recording the plat:
A. Recreational vehicles shall not be used as a dwelling unit.
B. The plat shall be amended to delineate the following:
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1) All sheets of the map shall be labeled USR18-0127.
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) County Road 4 is under the jurisdiction of Lochbuie in this location.
The applicant shall show 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. All setbacks shall
be measured from the edge of the right-of-way.
6) The eastern property line is bordered by 60 feet of right-of-way,
shown on the Jo Ann Subdivision plat (reception number 1534689)
as 'Dedicated for County Road.' The applicant shall show and label
the right-of-way. This road is not maintained by Weld County.
7) The applicant shall show the approved Town of Lochbuie
access(es) on the site plan and label with the approved Access
Permit number, if applicable.
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) electronic copy (.pdf), or one (1) paper copy 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 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:
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A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
5. Prior to the issuance of the Certificate of Occupancy:
A. An Onsite Wastewater Treatment System is required for the
proposed residence and shall be installed according to the Weld
County Onsite Wastewater Treatment System 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST: G( 4
`
Weld County Clerk to the Board
BY: UP. PLQm.iii d'C9244
Deputy Clerk tJthe Board
APP ED AS TO F
County A rney
Date of signature: (.D/3/Ic4
arbara Kirkmeye , Chair
D COUNTY, CO ORADO
Mike Freeman, Pr -Tem
Sean P
teve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CLAIRE SCAVELLO
USR18-0127
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0127, 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
4. Any Onsite Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to Onsite Wastewater Treatment Systems.
5. 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.
6. The historical flow patterns and runoff amounts on the site will be maintained.
7. 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.
8. 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.
9. 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.
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10. 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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