HomeMy WebLinkAbout20161194.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0004, 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 -
MICHELLE WILSON
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
April , 2016 . at the hour of 10 : 00 a. m . , in the Chambers of the Board , for the purpose of hearing
the application of Michelle Wilson , 5846 CR 18 . Longmont, CO 80504, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0004. 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 :
Being part of the NE1 /4 NE1 /4 of Section 25 ,
Township 2 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
second single-family dwelling will be occupied by family
members/caregivers . Additionally, the applicant would like to have
the flexibility of renting this home in the future. Therefore . a USR is
required for the addition of a second home to be used as a rental .
PL_ , � , ea , aeet
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SPECIAL REVIEW PERMIT ( USR16-0004) - MICHELLE WILSON
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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. " The applicant is requesting a USR
permit for a second single-family dwelling to be used as a rental in
the future. The Conditions of Approval and Development Standards
ensure that there are adequate services and facilities available.
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 , which allows for a Site
Specific Development Plan and Use By Special Review 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) 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 adjacent parcels to the east
and west are utilized as rural residential properties. The adjacent properties
to the north and south are in the Town of Frederick. The northern property
is Milavec Lake and a park/open space for the Town of Frederick and the
property to the south is Meadowlark Business Park, also in the Town of
Frederick. There are seven (7) USRs located within one ( 1 ) mile of this
parcel . USR-443 and USR-537 are for an airport, parachuting operation
and museum are located about one-sixth of a mile southwest of the site.
USR- 1364 is for an airstrip and helicopter landing area and is located about
one-third of a mile west of the site . USR- 1378 is for a lawn care business
and is located about four-tenths of a mile west of the site . USR- 1392 is for
115kv electrical lines traveling north and south along CR 11 (Silver Birch
Blvd) about eight-tenths of a mile west of the site, and USR- 1784 and
USR- 1743 are both for second single-family dwellings which are located
west of the site. The Weld County Department of Planning Services has
not received any correspondence from the surrounding property owners
objecting to this USR. The Conditions of Approval and Development
Standards ensure that there are adequate services and facilities available.
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
municipalities . The site is located within the three (3) mile referral area of
Towns of Frederick. Firestone and Mead . The Towns of Mead and
Firestone did not respond with any referral agency comments . The Town
of Frederick submitted a referral response dated March 8 , 2016 , indicating
that the proposed USR complies with their Comprehensive Plan .
E . Section 23-2-230. B . 5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County-Wide Road Impact
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Fee, County Facility Fee and Drainage Impact Fee Programs. The site is
not in a floodplain .
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 4. 5 acres - Irrigated
Land (Not Prime) , " per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map . This USR will not take any ` Prime
( Irrigated)" land 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 Michelle Wilson , for a Site Specific Development Plan
and Use by Special Review Permit, USR16-0004 . 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 recording the map:
to eco g p
A . The Environmental Health Services Division was unable to locate a septic
permit for the septic system serving the existing structure. A Statement of
Existing and a review of the system shall be completed . The review shall
be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed , the system shall
be brought into compliance with current Regulations . which may require
connection to Saint Vrain Sanitation .
B . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0004 .
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260 . D of the Weld
County Code .
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
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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 CAD formats are . dwg , .dxf,
and . dgn (Microstation) ; acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB) . The preferred format for Images is .tif (Group 4) .
(Group 6 is not acceptable) . This digital file may be sent to maps@co.weld . co . us.
5 . 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 map
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 April , A. D . , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST: ,,feadiet ) . • �k��p �' - --- --
Mike Freeman , Chair
Weld County Clerk to the Board -----
Sean . Conway. Pro-Tem
S-11- -41eLLCI
DeputA to the Board 'MC? 0\ 62
Ella A. Cozad
APP D AS T r .�+�► :!'� � SED
.1`�:; • : ra Kirkmeyer
. . nty gtorney � °�
..1
. �� eve Moreno
Date of signature: 017-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHELLE WILSON
USR16-0004
1 . The Site Specific Development Plan and Use by Special Review Permit, USR16-0004 , 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 . The property owner or operator shall be responsible for controlling noxious weeds on the
site . pursuant to Chapter 15 , Article I and II . of the Weld County Code .
4. The historical flow patterns and runoff amounts will be maintained on the site.
5. Waste materials shall be handled , stored . and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions , blowing debris . and other potential nuisance
conditions . The facility shall operate in accordance with Chapter 14 , Article I . of the Weld
County Code .
6. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations .
7 . A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
8 . 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.
9 . The facility shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code .
10. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan . Neither the direct. nor reflected , light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
streets . No colored lights may be used which may be confused with , or construed as,
traffic control devices .
11 . 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 .
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12 . The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code .
13 . 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.
14. 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.
15 . 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.
16 . 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 .
17 . 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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