HomeMy WebLinkAbout20180821.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0060, 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 -
JUSTIN HERSH
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 28th day of
March, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Justin Hersh, 22308 CR 43, LaSalle, CO 80645, for a Site Specific Development
Plan and Use by Special Review Permit, USR17-0060, 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 B of Recorded Exemption, RE -2123; being part
of the W1/2 SW1/4 of Section 10, Township 4 North,
Range 65 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 23-2-230.6 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.2 (A. Policy 6.2) states: "Support opportunities,
such as, but not limited to, hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle." The proposed
second single-family dwelling on -site would provide the applicant the
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SPECIAL REVIEW PERMIT (USR17-0060) - JUSTIN HERSH
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opportunity to supplement family income and help reduce living
expenses by using the second home on -site as a rental home.
2) Section 22-2-20.F.3 (A.Policy 6.3) states: "Encourage
multi -generational, caretaker, guest and accessory quarters." The
approval of the second residence would also allow the applicant to
use the second dwelling to house friends and family when and if the
need arises.
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 provided
to the property for both homes on -site. Central Weld County Water
District provides the water to the both residences through
account #000764-02, and currently charges a surcharge for the tap
to split the service between the two homes on the same lot. There
are also two existing septic systems permitted on the property, the
primary residence has a septic system sized for up to two bedrooms
and is permitted under permit, #SP -9800018; the secondary
residence (Mobile Home) has a septic system which appears to be
sized for up to three (3) bedrooms and is permitted under permit,
#G19770180.
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 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. The proposed second residence will be used
primarily for a rental unit to help supplement family income for the property
owner. The second unit will also provide extra help with maintenance on
the site from the tenants renting the second unit which will help support the
rural lifestyle. Lastly, the second dwelling is consistent with the intent of the
A (Agricultural) Zone District, as it is a use that is allowed through approval
of a Use by Special Review (USR) permit.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The use and size of the lots
surrounding the property to the east and west are single family home sites
that range between 6 to 14 acres in size and are located in the Latham
View Estates PUD which is zoned for E (Estate) uses. The parcel of land
directly to the south of the proposed USR site is an approximate 2.3 -acre
A (Agricultural) zoned parcel of land being primarily used as a single-family
home site. The parcel directly west of the site is an approximate 120 -acre
parcel of land zoned A (Agricultural) and is being actively farmed with one
single family home site located on the parcel. There are five (5) approved
Use by Special Review Permits within one (1) mile of the site, all located in
the A (Agricultural) Zone District and include: two gravel mining operations
sites, one approved oil and gas production facility, one concrete business,
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and one 12 -inch natural gas pipeline. The proposed USR for a second
residence, primarily to be used for rental income and/or for family and guest
housing, is compatible with the existing surrounding residential and
agricultural land uses, as the neighboring parcels are all primarily
residential lots being used for similar uses. The Weld County Department
of Planning Services has received no responses from the surrounding
property owners in opposition to this proposed application.
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 an Intergovernmental
Agreement Area (IGA), Urban Growth Boundary Area (UGB) or
Coordinated Planning Agreement Boundary (CPA). The site is located
within three (3) miles of the Town of LaSalle municipal boundary; however,
the Department of Planning Services has not received a response from the
Town of LaSalle regarding this land use proposal.
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 proposed home site is located on a 4.3 -acre parcel of land zoned
A (Agricultural) and the soil designation for the site is "Prime (Irrigated
Farmlands of National Importance)," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. While the site is located
entirely within prime agricultural land, with the lot being only 4.3 acres in
size and surrounded only by other small acreage lots between two (2) and
14 acres in size that are being used primarily as single-family home sites
east of the adjacent County Road 43 Right -of -Way, the current Lot will not
be taking land away from agricultural production, as the lot has not been
actively farmed in the recent past and has historically been used as a single
family home site lot.
G. Section 23-2-230.B.7 — There is adequate provisions 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.
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SPECIAL REVIEW PERMIT (USR17-0060) - JUSTIN HERSH
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Justin Hersh, for a Site Specific Development Plan and
Use by Special Review Permit, USR17-0060, 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 USR17-0060.
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 43 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 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 obtain an access permit from the Weld County
Department of Public Works. Show and label the approved access
locations with the approved access permit number and show and
label the appropriate turning radii (60').
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 be added for each additional three (3)
month period.
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SPECIAL REVIEW PERMIT (USR17-0060) - JUSTIN HERSH
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4. 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 28th day of March, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dit4,O C•t1
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
APP R AS
ounty Attorney
Stave Moreno, Chair
arbara Kirkmeye,Pro-Tern
Sean P. C nway
Date of signature: QS-DQ-/8
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JUSTIN HERSH
USR17-0060
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0060, 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 permanent, adequate water supply shall be provided for drinking and sanitary purposes.
4. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
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. Building permits may 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 2014 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.
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 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.
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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DEVELOPMENT STANDARDS (USR17-0060) - JUSTIN HERSH
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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 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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