HomeMy WebLinkAbout20182461.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0066, 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 -
RANDALL AND TANI OWENS
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 15th day of
August, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Randall and Tani Owens, 3125 Holly Street, Erie, Colorado 80516, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0066, 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 8 Grandview Highland Estates; being part of
Section 34, Township 2 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were 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 23-2-230.6 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 is for a residence for family
members.
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 (USR18-0066) - RANDALL AND TANI OWENS
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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 provided by the Left Hand
Water District (LHWD). The LHWD letter, dated May 23, 2018,
states that service can be made available to a second residence on
the property through the purchase of an additional tap. The septic
system (Septic Permit #SP -0400137) is permitted for four (4)
bedrooms. The primary dwelling has two (2) bedrooms and the
proposed second dwelling will also have two (2) bedrooms. The
application indicated that the septic system would be shared by
both residences.
B. Section 23-2-230.6.2 -- 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 A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Thirty (30) lots were created by the
Grandview Highland Estates Subdivision ranging from four (4) to six (6)
acres. One (1) six (6) -acre lot was divided into two (2) three (3) -acre lots.
Two (2) lots are covered by Use by Special Review Permit, SUP -60, to be
used for a poultry operation. The remaining lots are used for rural
residential homes or are vacant. The subdivision is surrounded on all sides
by the Town of Frederick. Urban -scale, residential subdivisions border the
subdivision on the north, east, and south, and urban -scale development is
being planned to the west. The increase in residential density, as a result
of the proposed second dwelling, is consistent with surrounding land uses.
There are five (5) Use by Special Review Permits within one (1) mile of the
proposal: USR-1179 is for Water Tanks, SUP -60 is for a Poultry Operation,
USR-1180 is for a Residence and Accessory Building, USR-512 is for
Storage of Farm Equipment and USR-1104 is for a Residence. The Weld
County Department of Planning Services sent notice to fifteen (15)
surrounding property owners and received no letters of opposition 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 the
affected municipalities. The site is located within the three (3) mile referral
area of the Towns of Erie, Firestone, and Frederick, and the City of Dacono
and within the Intergovernmental Agreement (IGA) boundaries of the
Towns of Firestone and Frederick. All municipalities responded with no
concern.
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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 within the
Geologic Hazard Overlay District. Building within the Geologic Hazard Area
will require a Geologic Hazard Development Permit (GHDP). The site is not
within a Special Flood Hazard Area, 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.
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 Irrigated Land, not Prime, per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
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 Randall and Tani Owens, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0066, 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. The Map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0066.
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 home and proposed second home.
6) County Road 14.75 (Holly Street) is a gravel road and is designated
on the Weld County Functional Classification Map as a local road,
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which requires 60 feet of right-of-way. The applicant shall delineate
the existing right-of-way on the site plan. The applicant shall also
delineate the physical location of the roadway. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
7) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
8) The applicant shall show 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 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 be 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. 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 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.
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BY:
SPECIAL REVIEW PERMIT (USR18-0066) - RANDALL AND TANI OWENS
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: dd„c„,) w 4k.
Weld County Clerk to the Board
Deputy Clerk the Board
APP' • v' D AS
Count Attorney
Date of signature: 4'4 I 18'
Ste Moreno, Chair
A. Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RANDALL AND TANI OWENS
USR18-0066
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0014, 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, Articles 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 and adequate water supply shall be provided for drinking and sanitary
purposes.
7. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems.
8. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
9. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations.
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.
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.
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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.
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