HomeMy WebLinkAbout20180979.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR17-0064, FOR ONE (1) SINGLE-FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION
23-3-20.A AND A HOME BUSINESS (STORAGE OF UP TO (3) COMMERCIAL DUMP
TRUCKS) IN THE A (AGRICULTURAL) ZONE DISTRICT - LORENA GARCIA
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 11th day of
April, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Lorena Garcia, 9231 Apache Road, Longmont, CO 80504, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0064, for One (1) Single -Family
Dwelling Unit per lot other than those permitted under Section 23-3-20.A and a Home Business
(storage of up to (3) commercial dump trucks) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot 25, Casagrande Estates 1st Addition; being part
of Section 17, Township 2 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 unfavorable
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 denied
for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has NOT
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 NOT consistent with Chapter
22 or any other applicable Code provisions or ordinances in effect, as
follows:
1) Section 22-2-20.D (A.Goal 4) - "Promote a quality environment
which is free of derelict vehicles, refuse, litter and other unsightly
materials."
2) Section 22-2-20.D.1 (A.Policy 4.1) - "Property owners should
demonstrate responsibility of ownership by minimizing safety and
health hazards resulting from, but not limited to, unsafe or
dangerous structures and noncommercial junkyards.
cc.1 PLCRPt/mrr0,Prvc .P/H6), E.HCLL),CO. c pc),
CTBCT3"), O.PPL
O518/ 1 8'
2018-0979
PL2540
DENY USE BY SPECIAL REVIEW PERMIT (USR17-0064) - LORENA GARCIA
PAGE 2
a. Recommended Strategy A.4.1.a. Develop programs for cleanup
of abandoned property, junk and weeds."
3) Section 22-2-20.G.2 (A.Policy 7.2) - "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. a. Recommended Strategy A.7.2.a. Review land use
regulations for small home -based businesses that are not uses
allowed by right in the Agricultural Zone District, and which are
located in rural subdivisions."
4) Section 22-2-20.H (A.Goal 8) - Ensure that adequate services and
facilities are currently available or reasonably obtainable to
accommodate the requested new land use change for more
intensive development."
5) Section 22-2-20.1 (A.Goal 9) — "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands
to other land uses."
6) Section 22-2-20.1.2 (A. Policy 9.2) — "Consider the individuality of the
characteristics and the compatibility of the region of the County that
each proposed land use change affects, while avoiding
requirements that do not fit the land use for that specific region."
B. Section 23-2-230.B.2 -- The proposed use is NOT consistent with the intent
of the A (Agricultural) Zone District. The requests for a home business and
second dwelling are uses allowed in the A (Agricultural) Zone District with
proper permits; however, the subject site is located within a platted rural
subdivision which is subject to enforceable Covenants, recorded
October 6, 1972, in Book 677, Reception No. 1599110. The Covenants
specifically prohibit second homes, any garage holding more than three
cars, and any non-residential uses, all of which are included in the
proposed application. The proposed uses are not consistent with the vision
of the neighborhood.
C. Section 23-2-230.B.3 -- The uses which would be permitted are NOT
compatible with the existing surrounding land uses. The smaller lots were
designed to ensure long-term compatibility, and the dumping and storage
of waste is not compatible with the neighbors. Many surrounding property
owners within the subdivision testified that the Covenants prohibit a second
home on a single lot, and that there are no other lots within the subdivision
containing second homes. Therefore, a second home on the lot would not
be compatible within the subdivision.
D. Section 23-2-230.B.4 -- The uses which would be permitted are NOT
compatible with future development of the surrounding area as permitted
2018-0979
PL2540
DENY USE BY SPECIAL REVIEW PERMIT (USR17-0064) - LORENA GARCIA
PAGE 3
by the existing zoning or 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 request for additional employees and trucks associated
with a commercial business, as well as testimony of speeding is not
consistent with the intent of the subdivision design and Covenants which
were intended to ensure future, long-term compatibility. The proposed use
would continue to violate the Covenants, which have not expired, and
therefore, the use would not be compatible in the future.
E. 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 will NOT
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County. The
second structure and unpermitted driveway result in additional impervious
surface which may potentially impact drainage, as well as potential health,
safety and welfare concerns with drainage exposed to the waste dumped
on the site, as well as a failing septic system.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lorena Garcia, for a Site Specific Development Plan and
Use by Special Review Permit, USR17-0064, for One (1) Single -Family Dwelling Unit per lot other
than those permitted under Section 23-3-20.A and a Home Business (storage of up to (3)
commercial dump trucks) in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, Denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTdit J �• ;(1
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS
ounty A`"orney
EXCUSED
Ste Moreno, Chair
�gA IL( A . .&( 11 g1t-
Barbara KirkmePro-Tem
Date of signature: off(ea' 1 (a-
4414954 Pages: 3 of 3
07/13/2018 01:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
2018-0979
PL2540
1111 ii)rdliPPE V4CMMt 'I MRIF, It141111 f 11111
Hello