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Home My WebLink About20182173.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0014, 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 - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG 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 25th day of July, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Valley Oak Drive, LLC, c/o Troy and Dawna Armstrong, 3001 Valley Oak Drive, Loveland, CO 80538, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0014, 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 of JB Acres, 3rd Filing; being part of Section 33, Township 6 North, Range 66 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. 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 Ce...:k(M.nnjIMI)rNCO) elk (l.Ll 2018-2173 CYO( /F► -E), <xI1C'rS\ AfPL PL2561 O81151its SPECIAL REVIEW PERMIT (USR18-0014) - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG PAGE 2 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 North Weld County Water District (NWCWD), meter #1077-002. The NWCWD letter, dated October 23, 2017, states no concerns with allowing the existing meter to be used for a USR for a second home. The existing septic system for the main residence was reviewed under Septic Permit, SE -1700032, in December of 2017, and it was determined the system was not failing, but not enough information was provided to determine adequate sizing. The applicants indicated either a new septic system will be installed to serve both residences or an individual system will be installed for the new dwelling unit. 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. There are nineteen (19) lots created by JB Acres Filings 1 through 4 and the sizes of the lots within JB Acres range between 1.5 and 3.5 acres. The use of the other JB Acres lots is residential. Outside of JB Acres, there are several nearby parcels located within unincorporated Weld County, created by recorded exemptions and are zoned A (Agricultural). The City of Greeley has annexed large portions of the area around JB Acres, but there are no lots immediately adjacent to the site. The properties south of JB Acres and south of C Street are all located in the City of Greeley. The use of these nearby parcels is for residential and agricultural purposes, which is consistent with the area. The proposed second home appears to be compatible and does not detract from the surrounding land uses. There is one Use by Special Review Permit (USR-1587 for a kennel for 30 cats) issued on Lot 13 of JB Acres 2nd Filing on North 67th Avenue, located southwest of the subject site. There are several Use by Special Review Permits issued within one mile of the site which are clustered to the north of the site along the Cache La Poudre River. 2AMUSR-897 is for a Mineral Resource Development Facility and is located approximately 0.28 miles to the northwest. USR-900 is for gravel mining and is located approximately 0.31 miles to the north. MUSR15-0010 is for an excavating company and storage and is located approximately 0.6 miles to the north. The Weld County Department of Planning Services sent notice to eighteen (18) surrounding property owners and received fourteen (14) letters in opposition to this USR. One (1) letter was custom (Exhibit 1) and thirteen (13) were identical form petition letters (Exhibit 2). All letters were from surrounding property owners within 500 feet of the proposed USR boundary and outlined questions and concerns with lowering property values and changing the neighborhood's 2018-2173 PL2561 SPECIAL REVIEW PERMIT (USR18-0014) - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG PAGE 3 single-family residential dynamic. The Conditions of Approval and Development Standards will adequately address these concerns. 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 located within the three (3) mile referral area of the City of Greeley. The City of Greeley in the referral comments, dated March 3, 2018, provided advisory information. This site is within Greeley's Long Range Expected Growth Area. Proposed developments within this area should be compatible with the City's Development Code, specifically, second home size criteria. The site is not located within an Intergovernmental Agreement (IGA) boundary. 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 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 "Other," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Due to the classification given, the proposed USR will not take "Prime (Irrigated)" Farmland out of 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 Valley Oak Drive, LLC, c/o Troy and Dawna Armstrong, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0014, 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 USR18-0014. 2018-2173 PL2561 SPECIAL REVIEW PERMIT (USR18-0014) - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG PAGE 4 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) North 66th Avenue is a paved 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 the existing right-of-way on the site plan. 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 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. 8) The applicant shall show the drainage flow arrows. 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) 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 2018-2173 PL2561 SPECIAL REVIEW PERMIT (USR18-0014) - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG PAGE 5 $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 Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 6. 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. 7. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of July, A.D., 2018. ATTEST: d,,,a44)v• �C1so;‘,k, Weld County Clerk to the Board BY: Jerk to the APP' e ED AS ou " A ttorney Date of signature: !18 03 /8 BOARD OF COUNTY COMMISSIONERS WELD O NTY, COLORADO r72 -e> St , e Moreno, Chair rbara Kirkmeyer can P. Co way Mike Freeman Pro -Tern 2018-2173 PL2561 Bo ar oar SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS VALLEY OAK DRIVE, LLC C/O TROY AND DAWNA ARMSTRONG USR18-0014 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. The second dwelling shall be restricted to family and caregivers. 3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 4. 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. 5. 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. 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. 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. 9. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 10. 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 in order 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. 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. 12. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development 2018-2173 PL2561 DEVELOPMENT STANDARDS (USR18-0014) - VALLEY OAK DRIVE, LLC, CIO TROY AND DAWNA ARMSTRONG PAGE 2 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 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. 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. 2018-2173 PL2561 Hello