HomeMy WebLinkAbout20183571.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0068, FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA
LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS STATED IN
SECTION 23-3-30, PER BUILDING ON LOTS IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT-ALLEN AND ELSIE CLARK
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 Allen and Elsie Clark, 9348 McGuire Avenue, Carr, CO 80612, for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0068, for accessory
buildings with gross floor area larger than four percent (4%) of the total lot area, as stated in
Section 23-3-30, per building on lots in an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
Lot 4 through Lot 6, Block 21; and half adjusted
vacated alleys and half vacated 6th Street, Carr
Town, CO; being part of Section 27, Township 11
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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT (USR18-0068) - ALLEN AND ELSIE CLARK
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1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region." The applicant applied to construct a
detached 1,200-square-foot garage and agreed to remove three (3)
sheds in order to meet the 4% rule which states that the square
footage of all accessory buildings will not exceed 4% of the total
acreage of the Lot. After the garage was built the applicant
reconsidered and chose to apply for a USR rather than remove the
sheds. Four percent (4%) of the lot allows 1,271.95 square feet of
accessory buildings. The applicant has exceeded this amount by
432.05 square feet. The site will remain compatible with the region
even with the addition of the 432.05 square feet.
3) 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. The existing residence is served
by an individual well (254064) and a septic system permitted for
three bedrooms (SP-0300476).
4) Section 22-2-20.H.3 (A.Policy 8.3) states: "The land use applicants
should demonstrate that the roadway facilities associated with the
proposed development are adequate in width, classification and
structural capacity to serve the proposed land use change." The
Department of Public Works did not list any concerns with the
roadway facilities in the referral agency comments, dated August
22, 2018.
5) Section 22-2-20.H.5 (A.Policy 8.5) states: "The land use applicants
should demonstrate that public service providers, such as but not
limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate
opportunity to comment on the proposal."The USR application was
sent to eight (8) referral agencies. The referral agencies had 28
days to review this USR and some of them submitted response of
'no concerns' with the rest submitting comments or conditions that
are incorporated as Conditions of Approval or Development
Standards.
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.Q allows for a Site
Specific Development Plan and Use by Special Review Permit for
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accessory buildings with gross floor area larger than four percent (4%) of
the total lot area, as stated in Section 23-3-30, per building on lots in an
approved or recorded subdivision plat or part of a map or plan field prior to
adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District.
1) Section 23-3-10 — Intent states: "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."The USR
proposes to exceed the 4% restriction on accessory buildings in a
subdivision by approximately 430 square feet. This USR is in an
area that can support this facility and the Development Standards
and the Conditions of Approval will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region.
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. The closest residence is about 150
feet north of the site. There are four (4) USRs within one (1) mile of this
site. Third Amended 3AmUSR13-0065 for the Niobara transloading
terminal located east of the site, USR14-0005 for a mineral resource
development facility located north of the site, SUP-392 for a 345 kV
powerline west of the site, and USR-1599 for a church is located north of
the site. The Weld County Department of Planning Services sent notice to
twenty-two (22) surrounding property owners and Planning staff received
correspondence from two (2) surrounding property owners in support of
this request. The proposed USR is in an area that can support such
development, as there is adequate infrastructure for this type of
development. The Development Standards and Conditions of Approval will
assist in mitigating the impacts of the facility on the region.
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 not located within a three (3) mile referral area of any
municipality, nor is it 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 or the Airport A-P
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.
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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 proposed facility is located on soils designated as "High Potential
Dry Cropland - Prime if they become Irrigated" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
proposed USR will not take any Prime (Irrigated) Farmland out of
production.
G. Section 23-2-230.B.7 -- There is adequate provision for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 Allen and Elsie Clark, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0068, for accessory buildings with gross floor
area larger than four percent (4%) of the total lot area, as stated in Section 23-3 30, per building
on lots in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption
of any regulations controlling subdivisions 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. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0068.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) County Road 19.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
5) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (25') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction.
6) The applicant shall show the drainage flow arrows.
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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 map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiL) EXCUSED
St Moreno, Chair
Weld County Clerk to the Board
rbar .rkper o-Tern
BY:
Deputy Cle to the Board
N �-/,�
can P. Conway
APP' ED o �'M: � � �'< < C C/ `� riq
A. Cozad
' ounty ttorney
ike Freeman
Date of signature: 12/1$/!8
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALLEN AND ELSIE CLARK
USR18-0068
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0068, is for
an accessory buildings with gross floor area larger than four percent (4%) of the total lot
area, as stated in Section 23-3-30, per building on lots in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions 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, Articles I and II, of the Weld County Code.
4. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
5. The historical flow patterns and runoff amounts on the site will be maintained.
6. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-site Wastewater Treatment Systems.
7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
8. Activity or use on the surface of the ground over any part of the septic system must be
restricted to that which shall allow the system to function as designed and which shall not
contribute to compaction of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
9. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following has been adopted by Weld County: 2012 International Codes;
2006 International Energy Code, and 2017 National Electrical Code. A building permit
application must be completed and two 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 registered State of Colorado engineer
shall be required or an open hole inspection.
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.
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11. 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.
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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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.
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