HomeMy WebLinkAbout20170826.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0001, 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 -
CHERYL CRABBE, GILBERT JAMES BERNAL, JR., AND RANDE BERNAL
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 29th day of
March, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cheryl Crabbe, Gilbert James Bernal, Jr., Rande Bernal, 23462 County Road 55
Kersey, CO 80644, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0001, for one (1) single-family dwelling unit per lot other than those permitted under
Section 23-2-20.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 A of Recorded Exemption, RE -1214; being part
of the NW1/4 SW1/4 of Section 3, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were represented by Kirstene Duhl, 2107 42nd
Avenue, Greeley, Colorado 80634, 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.
Section 22-2-20.F.3 (A.Policy 6.3) states: "Encourage multi -generational,
caretaker, guest and accessory quarters." There are two (2) single-family
residences on the property. One of the homes is lived in by an older couple
who wishes to downsize and plans on selling and moving away. This would
allow one of the homes to be utilized as a rental for the existing family
c,c : PLCCC,/CY y)), P£c riG),
KLC c.L), CT(3C SF'), GLPPL
/la/I-1
2017-0826
PL2465
SPECIAL REVIEW PERMIT (USR17-0001) - CHERYL CRABBE, GILBERT JAMES BERNAL,
JR., AND RANDE BERNAL
PAGE 2
remaining on the property, if the conditions warrant it. No additional
structures or changes to the site are proposed under this application.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-220.A.3 of the Weld County
Code allows for a Site Specific Development Permit for one (1)
single-family dwelling unit per lot other than those permitted under Section
23-3-20.A (second single-family dwelling unit).
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is located north of
and adjacent to an existing oil and gas support business (USR12-0054 for
the parking and storage of oil and gas water service trucks) and is located
to the south of farm ground and an existing dairy facility to the north and
northwest. All other adjacent lands are agricultural production with rural
residences. The proposed USR will be compatible with the existing
surrounding area as no additional structures/buildings are proposed.
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 and
Cooperative Planning Agreement area between Weld County and the
Town of Kersey. No referral response has been received from the Town of
Kersey.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The site is not in a floodplain. 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 facility is located on approximately 10.13 acres
delineated as "Prime" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. No additional improvements are
proposed, nor will additional agricultural land be removed under this USR.
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.
2017-0826
PL2465
SPECIAL REVIEW PERMIT (USR17-0001) - CHERYL CRABBE, GILBERT JAMES BERNAL,
JR., AND RANDE BERNAL
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cheryl Crabbe, Gilbert James Bernal, Jr., and Rande
Bernal, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0001,
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 plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0001.
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 55 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
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) Show and label the approved access (AP11-00425), and the
appropriate turning radii on the site plan.
6) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
7) The applicant shall show the drainage flow arrows.
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.
2017-0826
PL2465
SPECIAL REVIEW PERMIT (USR17-0001) - CHERYL CRABBE, GILBERT JAMES BERNAL,
JR., AND RANDE BERNAL
PAGE 4
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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. 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 29th day of March, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU) TY, COLOR l O
ATTEST:d4theN) '&444k'
Weld County Clerk to the Board
puty Clerk to the Board
APPAS T
ty Attorney
uu le A. ozad, Chair
Steve Moreno, Pro -T
Date of signature: -1 /5P
rbara Kirkmeyer
2017-0826
PL2465
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHERYL CRABBE, GILBERT JAMES BERNAL, JR., RANDE BERNAL
USR17-0001
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0001, is
for one (1) Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code (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 Onsite Waste Water Treatment Systems.
5. The operation shall comply with all applicable rules and regulations of state and federal
agencies and 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. 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.
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.
2017-0826
PL2465
DEVELOPMENT STANDARDS (USR17-0001) - CHERYL CRABBE, GILBERT JAMES
BERNAL, JR., RANDE BERNAL
PAGE 2
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
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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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.
2017-0826
PL2465
Hello