HomeMy WebLinkAbout20193877.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0042, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-30.A (SECOND
SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
JOSHUA GERSTBERGER
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 4th day of
September, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Joshua Gerstberger, 4684 CR 5, Erie, Colorado 80516, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0042, for one (1)
Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-30.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 A of Recorded Exemption, RECX16-0072; being
part of the S1/2 NW1/4 of Section 9, Township 1
North, Range 68 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 has been used as a guest
house and the applicant would like the option of using it for visiting
family and rental purposes in the future.
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SPECIAL REVIEW PERMIT (USR19-0042) - JOSHUA GERSTBERGER
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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. Left Hand Water District
serves the primary residence. The second residence will also be
utilizing Left hand Water District. The current 5/8" tap will have to
be upgraded to a 3/4" tap to allow the shared use of the second
residence. There is an existing septic system, permit #SP -1600296,
for the existing primary home (4684 CR 5) and is sized for five (5)
bedrooms. The second residence will need to be served by a new
On -site Wastewater Treatment System (OWTS).
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.
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 or located within a residential subdivision.
There are a few Use By Special Review permits within one (1) mile of the
subject property: including: one (1) accessory structure, one (1) private
airport, one (1) gutter business, one (1) indoor training arena, two (2)
restoration related businesses and two (2) second Single -Family
residences. There are also an additional sixteen (16) Use by Special
Review Permits within two (2) miles of the subject property. The Weld
County Department of Planning Services sent notice to fourteen (14)
surrounding property owners within five -hundred (500) feet. No
correspondence was 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
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municipalities. The site is located within the three (3) mile referral area of
the municipalities of Erie, Dacono, Frederick and Broomfield. All four (4)
municipalities either did not respond or indicated no concerns in the
referrals. The site is not located within any existing Intergovernmental
Agreement Area (IGA) 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 "Prime (Irrigated)," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The site
is not current farmland and the small lot size is not suitable for farming.
G. Section 23-2-230.6.7 — 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 Joshua Gerstberger, for a Site Specific Development
Plan and Use by Special Review Permit, USR19-0042, for one (1) Single -Family Dwelling Unit
per lot other than those permitted under Section 23-3-30.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. The applicant shall attempt to address the requirements of the Mountain
View Fire Protection District, as stated in the referral response dated
June 7, 2019. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0042.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The applicant shall show and label septic system location.
5) The applicant shall show and label the locations and setbacks of all
structures including the primary and secondary residences.
6) The applicant shall show and label all recorded rights -of -way and
easements on the lot.
7) County Road 5 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 approved access locations,
approved access width and the appropriate turning radii (25 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
9) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
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 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.
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4. Prior to Construction:
A. The applicant shall remove the modular home onsite prior to construction
of the permanent second dwelling. Photographic evidence of such shall be
submitted to the Weld County Department of Planning Services.
B. 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 On -site Wastewater Treatment System is required for the proposed
residence and shall be installed according to the Weld County On -site
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 4th day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO O DO
ATTEST: ditko je:40;i1
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APP R AS T
ounty Attorney
Date of signature: Qg/I7/1°1
rbara Kirkmeyer, C air
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Mike Freeman, Pro-Tem
EXCUSED
Sean P. Conw
K. James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSHUA GERSTBERGER
USR19-0042
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0042, 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 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
9. 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.
10. 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 2017 National Electrical Code. A Building Permit
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.
11. 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.
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12. 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.
13. 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 persona 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.
14. 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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