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Home My WebLink About20183585.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0074, 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 - GLENN DEWAYNE CECIL 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 14th day of November, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Glenn Dewayne Cecil, 36640 CR 51, Eaton, Colorado 80615, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0074, 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 A of Recorded Exemption, RE-2281; being part of the SW1/4 of Section 32, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Sheri Lockman, Lockman Land Consulting, LLC, 36509 CR 41, Eaton, CO, 80615 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 as a Cc.t PLCc.SITP), aHCLL),Cacr=H), 2018-3585 c -FPL(q,PPL CZ£P PL2602 ©1,(031(9 SPECIAL REVIEW PERMIT (USR18-0074) — GLENN DEWAYNE CECIL PAGE 2 residence for family members, and the family would like the option of using it for family in the future. 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 provided to the property. Water is being provided to both homes by the North Weld County Water District (NWCWD). Sewer service is being provided to both homes by the Galeton Water and Sanitation District. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. 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 Agricultural (A) Zone District. C. Section 23-2-230.6.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Both homes are currently on the property, so this permit will not change the density or nature of the area. The site is adjacent to the Galeton townsite. The density is consistent with the urban nature of the Galeton townsite and the proposal is compatible. There are five (5) Use by Special Review Permits within one (1) mile of the proposal: SUP-315 is for a Hog Farm, USR-1577 is for Outdoor Storage and Farm Equipment, USR13-0046 is for an Electrical Contractor Shop, USR-917 is for a Wastewater Treatment Plant, and AMUSR-703 is for an Adult Group Home. The Weld County Department of Planning Services sent notice to thirty-six (36) surrounding property owners and received no letters in response to this USR. 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 not located within the boundary of an Intergovernmental Agreement (IGA) or within three (3) miles of an incorporated municipality. E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. A portion of the property is located within the Special Flood Hazard Area of Willow Creek. Development within this area requires a Flood Hazard Development Permit. The property is not within the Geologic Hazard Overlay District or the Airport Overlay District. 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. 2018-3585 PL2602 SPECIAL REVIEW PERMIT (USR18-0074) - GLENN DEWAYNE CECIL PAGE 3 F. Section 23-2-230.6.6 --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 small lot size does not support agricultural operations. The property is not irrigated, and this proposal will not remove any land from agricultural 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 Glenn Dewayne Cecil, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0074, 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: 1. Prior to recording the map: A. There is a Use by Special Review Permit, SUP-312, for a hog farm in the A (Agricultural) Zone District, which encompasses all of Section 32, Township 7, Range 64 West, including the subject property. A partial vacation or complete vacation shall be done to remove this property from SUP-312. B. The Map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0074. 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 principle and second homes. 6) The applicant shall show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. 2018-3585 PL2602 SPECIAL REVIEW PERMIT (USR18-0074) — GLENN DEWAYNE CECIL PAGE 4 7) County Road 51 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 the future and existing right-of-way on the site plan. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. 8) County Road 74 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate the future and existing right-of-way on the site plan. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. 9) The applicant shall show and label the existing accesses. 10) The applicant shall show the drainage flow arrows. 2. Prior to Construction: A. Any construction in the floodplain requires a floodplain permit. 3. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) or one (1) paper copy 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. 4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map 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. 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. 2018-3585 PL2602 SPECIAL REVIEW PERMIT (USR18-0074) —GLENN DEWAYNE CECIL PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditiLs) (� ,�/ EXCUSED G' �o St a Moreno, Chair Weld County Clerk to the Board Barba irkmeyer, ro-Tem BY: �7 Deputy Cle to the Board 2. can P. Conway APP AS TO F � _ l( (cm '_,� �. 1861 � � � (6--I e A. ozad ey A T - `� Mike Freeman Date of signature: 12/18/18 ' 2018-3585 PL2602 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GLENN DEWAYNE CECIL USR18-0074 1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0074, 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 Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map#08123C-1275E, effective date January 20, 2016 (Willow Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 4. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 5. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 6. The historical flow patterns and runoff amounts on the site will be maintained. 7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 8. Sewer service shall be provided by the Galeton Water and Sanitation District. 9. The property owner shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 10. 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. 2018-3585 PL2602 DEVELOPMENT STANDARDS (USR18-0074) — GLENN DEWAYNE CECIL PAGE 2 11. The property owner 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. 12. 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. 13. 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. 2018-3585 PL2602 Hello