HomeMy WebLinkAbout20171895.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0011, FOR ONE 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 - MICHEAL AND
BROOKE MORELOCK
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 5th day of
July, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Micheal and Brooke Morelock, 2375 Appaloosa Avenue, Brighton, CO 80603,
for a Site Specific Development Plan and Use by Special Review Permit, USR17-0011, for one
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 2, Block 2 of Nelson Subdivision; being part of
Section 24, Township 1 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 23-2-230.6.1 -- 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:
services and facilities are currently
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SPECIAL REVIEW PERMIT (USR17-0011) - MICHEAL AND BROOKE MORELOCK
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obtainable to accommodate the requested new land use change for
more intensive development." There is currently water and septic
service provided to the property. Well Permit, #183275, allows for
ordinary household purposes inside two (2) single family dwellings,
as stated in the Colorado Division of Water Resources referral
letter, dated February 27, 2017. There is an existing septic system,
permit, #G19940519, for the existing home (2375 Appaloosa
Avenue) sized for three bedrooms. A new septic system will be
applied for and installed for the proposed second home.
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 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. The use and size of the other
Nelson Subdivision lots around the property is primarily rural residential
and parcels range between two (2) and 7.5 acres in size. The properties
north of Nelson Subdivision are located within the Green Acres Subdivision
with the exception of several Recorded Exemption lots. The properties to
the south of Nelson Subdivision are mainly Recorded Exemption lots. The
use of these nearby parcels is for rural residential and agricultural
purposes, which is consistent with the area. The proposed permit is for a
second residence for family members which would complement and not
detract from the existing surrounding residential land uses. There are
currently no Use by Special Review Permits issued in the Nelson
Subdivision. There are several Use by Special Review Permits issued
within one (1) mile of the site. SUP -410 is for a storage yard for equipment
for a house -moving operation and is located approximately 0.2 miles to the
south. USR-1244 is for a kennel (up to 12 dogs) and is located
approximately 0.25 miles to the north. USR16-0028 is for a 12 -inch natural
gas pipeline and is located approximately 0.4 miles to the south. USR-522
is for gravel mining and is located approximately 0.75 miles to the
northwest. SUP -474 is for extraction of borrow material and is located
approximately 0.9 miles to the northeast. The Weld County Department of
Planning Services did not receive any responses from surrounding property
owners regarding the proposed application.
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 Brighton, the Towns of Hudson and Lochbuie, and Adams
County. The Town of Hudson, in the referral response dated March 8,
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2017, indicated no concerns. No responses were received from the City of
Brighton, the Town of Lochbuie or Adams County. The site is not located
within any existing Intergovernmental Agreement Area (IGA) or Urban
Growth Boundary (UGB) of a municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located in a
floodplain, Geologic Hazard Overlay, or A -P (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 approximately 6.015 acres in a
platted subdivision. 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 23-2-230.6.7 — 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 Micheal and Brooke Morelock, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0011, for one 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 USR17-0011.
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) Appaloosa Avenue is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
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
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measured from the edge of right-of-way. This road is maintained by
Weld County.
5) Show and label the approved accesses (AP#17-00142), and the
appropriate turning radii on the site plan.
6) The applicant shall show and label the utility easements on the lot.
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 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 Onsite
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of July, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CCJNTY, COLORADO
ATTEST:ditAet) �' XL
Weld County Clerk to the Board
BY: y �e.� •�Q
Clerk to the Board
APP D AS
ounty Attorney
Date of signature: —1/ a 5
Julie A. Cozad, Chair
Steve Moreno, Pro_Tem
rbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHEAL AND BROOKE MORELOCK
USR17-0011
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0011, 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 (OWTS).
5. The property owner shall comply with all applicable rules and regulations of the Weld
County Code.
6. 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.
7. The historical flow patterns and runoff amounts on the site will be maintained.
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.
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.
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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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