HomeMy WebLinkAbout20172982RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0026, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT (SECOND
DWELLING UNIT) PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A IN THE A (AGRICULTURAL) ZONE DISTRICT - K&M COMPANY,
LLLP
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 13th day of
September, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of K&M Company, LLLP, 1230 Country Club Road, Fort Collins, CO
80524, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0026,
for One (1) Single -Family Dwelling Unit (second dwelling unit) per lot other than those permitted
under Section 23-3-20.A in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
SE1/4 of Section 16, Township 7 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 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 would be built for the
primary purpose of being used as a second dwelling supporting the
extra help needed for the caretaking of the agricultural related
business on site.
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SPECIAL REVIEW PERMIT (USR17-0026) - K&M COMPANY, LLLP
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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." There is currently water and septic
provided to the property and the existing primary residence on -site.
North Weld County Water District provides the water to the primary
residence, through meter #3244 002, and intends to supply water
to the proposed secondary dwelling, as stated in their letter
provided in the USR application dated May 2, 2017. The existing
septic system permitted on the property for the primary residence
is sized for up to four (4) bedrooms and is permitted under Permit,
#SP -1200265. According to the Department of Public Health and
Environment referral dated May 26, 2017, a new septic system can
be built on the site and will need to be built to accommodate the
new residence if this USR is approved.
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 farmhand help to maintain the Use by Right farming activities
on -site and 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
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 around
the property in question are either primarily single family residences on
agricultural zoned parcels that range between three and five acres in size,
or large agricultural zoned parcels actively being farmed that range
between 70 and 300 acres in size. The adjacent land uses surrounding the
approximately 145 -acre parcel include one (1) Use by Special Review
Permit, MUSR16-0001, for a solar array facility owned by the Silicon Ranch
Corporation directly north of the parcel. There are also six (6) Use by
Special Review Permits within one (1) mile of the proposed site which
include three (3) permitted for feedlots and dairies and three (3) permitted
for second single family residences. The proposed USR for a second
residence primarily to be used for farmhand help is compatible with the
existing surrounding residential and agricultural land 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
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municipalities. The site is located within the three (3) mile referral area of
the Towns of Severance and Windsor and is located within both
jurisdictions' Coordinated Planning Agreement boundaries. Neither town
provided referral comments.
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 second home site is being proposed as a need for the continuing
farming operation on the approximately 145 -acre parcel of land and the
proposed location for the second residence is in the northwest corner of
the parcel next to the primary residence currently on the property. This
northwest corner of the parcel is located northwest of the Larimer County
Canal which acts as a border on the property from the Prime irrigated
farmed area to the southeast of the canal and the housing and equipment
storage area located in the irrigated not prime farmland to the northwest of
the canal where the second home is proposed to be located.
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 K&M Company, LLLP, for a Site Specific Development
Plan and Use by Special Review Permit, USR17-0026, for One (1) Single -Family Dwelling Unit
(second dwelling unit) per lot other than those permitted under Section 23-3-20.A 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 USR17-0026.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) County Road 80.5 is a gravel 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. All setbacks shall be measured from the
edge of the right-of-way. This road is maintained by Weld County.
5) County Road 19 is a gravel 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. All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County.
6) County Road 80 Section Line is shown to have 30 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way. All setbacks shall be measured from the edge of
right-of-way.
7) Show and label the approved access locations as (AP#17-00314),
and the appropriate turning radii (60') on the map.
8) Show and label the section line Right -of -Way as, "CR 80 Section
Line Right -Of -Way, not County maintained."
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 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 State Plane Colorado North FIPS
0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us.
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5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
6. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System is required for the proposed
second residence and shall be installed according to the Weld County On -
site Wastewater Treatment System (OWTS) 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 13th day of September, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CO J► TY, COLO • DO
ATTEST: deititet) Vjelehe
Weld County Clerk to the Board
County Att: "'y
Date of signature: I O 1(0 i l '7
Ju ie A,Cozad, Chair
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
K&M COMPANY, LLLP
USR17-0026
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0026, 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 Waste Water Treatment Systems (OWTS).
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. 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.
10. 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.
11. 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,
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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.
12. 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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