HomeMy WebLinkAbout20162651.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0017, 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 -
CRAIG AND CORY ROEHRS
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 7th day of
September, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Craig and Cory Roehrs. 3380 CR 38. Mead, CO 80542. for a Site
Specific Development Plan and Use by Special Review Permit. USR16-0017. 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 3, Highland Estates: being part of the NW1/4 of
Section 3. Township 3 North. Range 68 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
family members.
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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. The Little Thompson Water District
provides the water through tap #674 and intends to supply water to
the proposed secondary dwelling, as stated in their letter dated
March 21, 2016. which was submitted in the USR application. The
existing septic system permitted on the property under permit
#G19890299 is sized for up to four (4) bedrooms. According to the
Weld County Department of Public Health and Environment
referral. dated June 20, 2016. the septic field will need to be
expanded to accommodate the new residence. A repair permit.
along with an additional septic tank. will be required for the second
dwelling if approved. While the septic is undersized for the new
proposal as it is today, the referral letter explains that it is
reasonably obtainable to upgrade the septic system on -site to
support the new proposed development.
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 (Agriculture) Zone
District.
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 are primarily single-family residences on parcels that range
between 1.5 and 3 acres in size. The adjacent properties on the south side
of County Road (CR) 38 are all located within the Highland Estates
Subdivision. The adjacent parcels to the north of CR 38 are located within
the Town of Mead in the Margil Farms Subdivision, which are similar in size
and use. There are currently no Use by Special Review Permits issued in
the Highland Estates Subdivision. This proposed permit is for a second
residence for family members, which would complement the existing
surrounding residential land uses. The Weld County Department of
Planning Services has received two (2) responses from the same
surrounding property owner in opposition to this proposed application. In a
letter received by the Department of Planning Services on June 21, 2016,
a neighboring property owner who resides approximately 0.25 miles south
of the proposed site. expressed a variety of concerns and had many
questions about the impacts this second dwelling could have on the
neighboring parcels of land. In a second letter received by the Department
of Planning Services on July 11, 2016. the neighboring property owner
stated that the applicants attempted to contact him about the concerns in
his initial letter; however, they were unable to work out a resolution to these
concerns.
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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 located within the three (3) mile referral area of
the Town of Mead and the Town of Berthoud. The site is also located within
the Mead IGA. Neither town provided referral comments.
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.
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 two (2) 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.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 Craig and Cory Roehrs. for a Site Specific Development
Plan and Use by Special Review Permit, USR16-0017, 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 USR16-0017.
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) CR 38 is maintained by the Town of Mead. The Municipality has
jurisdiction over all accesses within their jurisdiction. It is suggested
the applicant contact municipality to verify the Access Permit or for
any additional requirement that may be needed to obtain or upgrade
the permit.
5) The applicant shall show and label the subdivision drainage
features and drainage flow arrows 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). 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 prior to the start of construction.
B. Right-of-way permit is required for any work within the Town of Mead public
right-of-way.
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 On -site
Wastewater Treatment System Regulations.
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Necessary personnel from the Weld County Departments of Planning
Services 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.
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 7th day of September. A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: War/Li w ato;4A
Weld County Clerk to the Board
BY
County Attorney
Date of signature: 9 / RR
Mike Freeman, Chair
Sean P. Conway. Pro-Tem
rbara Kirkmeyer
teve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CRAIG AND CORY ROEHRS
USR16-0017
1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0017, 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.
5. The operation shall comply with all applicable rules and regulations 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 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.
9 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.
10. 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:
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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.
11. 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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