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Home My WebLink About20182609.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0049, 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 - SHAWN AND SUSAN WIANT 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 29th 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 Shawn and Susan Wiant, 2113 CR 45, Hudson, Colorado 80642, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0049, 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, RECX13-0027; being part of the N1/2 NW1/4 of Section 35, Township 1 North, Range 65 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.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 22-2-120.E.1 (R.Policy 5.1) states: "Encourage Rural Residential uses when the subject site is located in a non -urban area of the County."There is a 1914 residence on the property and the property owner seeks to add a second single-family dwelling for use as a rental income property. As the property is not eligible to be further subdivided through the Recorded Exemption land use te.: PL cnnvv► ITP 11F.D1, vw (EY> , EF4c LL ea-ccbc_l 1, C713cT5/Sa -vic4 & /1311% 2018-2609 PL2572 SPECIAL REVIEW PERMIT (USR18-0049) - SHAWN AND SUSAN WIANT PAGE 2 application process, the applicant elected to proceed with the Use by Special Review Permit for the second single-family dwelling unit. 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." The applicant is requesting a USR permit for two (2) single-family dwellings on one parcel. The applicant indicates that Well Permit number 308094 is currently permitted by the Division of Water Resources to be used for ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 14,600 square feet of home gardens and lawns. A new septic, SP -1800096, will be placed on the property to accommodate the new residence. The Conditions of Approval and Development Standards ensure that there are adequate services and facilities available. 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 allows for a Site Specific Development Plan and Use by Special Review Permit for one (1) Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second single-family dwelling unit). C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. There are several rural residences in the near vicinity with the nearest residence being located approximately 145 feet to the northwest from the existing Wiant rental residence. Rural residences in the near vicinity include to the south approximately 1,400 feet a residence on dryland agriculture; to the west approximately 1,850 feet is a residence on dryland agriculture; to the north in addition to the adjacent property approximately 1,000 feet is a residence on dryland agriculture, and to the east approximately 1,200 feet is a residence on dryland agriculture. No telephone calls or correspondence concerning this application have been received. 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 located within three (3) miles of the Town of Hudson and Adams County; neither jurisdiction returned a referral response. E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The property is not within the floodplain. 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. 2018-2609 PL2572 SPECIAL REVIEW PERMIT (USR18-0049) - SHAWN AND SUSAN WIANT PAGE 3 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 proposed second dwelling is located on approximately 8.016 acres of "Prime, if irrigated." The property has existing improvements and the new residence will be located within a footprint of approximately 2,500 square feet. The remaining acres will continue to be utilized as both a landscape amenity and for livestock grazing. 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 Shawn and Susan Wiant, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0049, 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 USR18-0049. 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) County Road 45 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. 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 (60 feet) on the site plan. The applicant must obtain an Access Permit for the approved location(s) prior to construction. 6) 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 2018-2609 PL2572 SPECIAL REVIEW PERMIT (USR18-0049) - SHAWN AND SUSAN WIANT PAGE 4 distance from the gate to the edge of the traveled surface be less than 35 feet. 2. 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. 3. 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. 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 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. 2018-2609 PL2572 SPECIAL REVIEW PERMIT (USR18-0049) - SHAWN AND SUSAN WIANT PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of August, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dsdavt)wJcidoeti Weld County Clerk to the Board ounty Attorney ' IvrJ k ' XCUSED Date of signature: ,eV/2/7A Mike Freeman 2018-2609 PL2572 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SHAWN AND SUSAN WIANT USR18-0049 1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0049, 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. 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. 4. Weld County is not responsible for the maintenance of on -site drainage related features. 5. The historical flow patterns and runoff amounts will be maintained on the site. 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 operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 9. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently, the following have 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 (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. 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. 2018-2609 PL2572 DEVELOPMENT STANDARDS (USR18-0049) - SHAWN AND SUSAN WIANT PAGE 2 12. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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 person(s) 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. 2018-2609 PL2572 Hello