HomeMy WebLinkAbout20160317.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0055, 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 -
DAVID AND HOLLY NOVAK
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
January, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of David and Holly Novak, 4845 Pearl East Circle, S101, Boulder, CO 80301, for
a Site Specific Development Plan and Use by Special Review Permit, USR15-0055, 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 1, Block 2, Ranch Eggs, Inc. Subdivision Filing
No. 2, First Re-plat; being part of Section 34,
Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and it was deemed necessary to
continue the matter to January 27, 2016 to allow for consideration at the Planning Commission
hearing that was rescheduled due to inclement weather.
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, on January 27, 2016, 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." The second single-family
dwelling will be occupied by family members/caregivers. Since this parcel
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SPECIAL REVIEW PERMIT (USR15-0055) - DAVID AND HOLLY NOVAK
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is located in a subdivision, a USR is required for the addition of a 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 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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent parcels are utilized
as rural residential properties in Ranch Egg Subdivision. The closest
residence is approximately 75 feet west of the site. There are thirteen (13)
USRs located within one mile of this parcel and west of 1-25: USR-1044 for
an accessory structure in a subdivision, SUP-97 for egg production,
USR-748 for furniture manufacturing, USR-1077 for a 24-inch natural gas
line, USR-1359 for a home business, SUP-54 for a pump house, USR-749
for a home business and an accessory structure in a subdivision,
USR-1581 for a landscaping business, and USR-1128 for a dog kennel and
are all north of the site. South of the site is USR-1630 for a church,
USR-984 for an accessory structure in a subdivision, USR-1627 for a
church and a school, and USR-1426 for a recreational facility and soccer
fields. The Weld County Department of Planning Services has not received
any correspondence from the surrounding property owners objecting to this
USR. The Development Standards ensure that there are adequate
services and facilities available.
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 Town of Erie
and the Cities of Northglenn and Dacono. The referrals from the Town of
Erie and the City of Dacono both dated September 9, 2015, indicated no
concerns. The City of Northglenn did not respond with any referral
comments.
-- complies with Chapter
E. Section 23 2-230.6.5 The application comp e p 23,
Articles V and XI, of the Weld County Code. The site is not is the 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 five (5) acres"Prime
('Irrigated) per the 1979 Soil Conservation Service Important Farmlands of
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Weld County Map. The site has been historically utilized for residential
uses.
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 David and Holly Novak, for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0055, 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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR15-0055.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) Show and label the approved access (AP15-00471), and the
appropriate turning radii on the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the plat, the applicant shall submit a Mylar plat, along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of Section
23-2-260.D of the Weld County Code. The Mylar plat 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 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.
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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. Prior to the issuance of the Certificate of Occupancy:
A. On-site Wastewater Treatment System (OWTS) permits are required to
install or connect OWTS for the proposed residences. These septic
systems shall be installed according to the Weld County On-site
Wastewater Treatment System regulations.
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 27th day of January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:CC�� �� � �,,��,,// t,
C/.�Q2�/WJ •�C�to%K Mike Freeman, Chair
Weld County Clerk to the Board �--�
Sean P. onway, Pro-Tem
u �.
�,
D qty Clerk to the B.-rd I � � 1140
u ie A. Cozad
•APP'e ED AS T• rbara Kirkmey4II&)LI, L_J
noun y Attorney �I�//Awl
�I g �, _t. Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID AND HOLLY NOVAK
USR15-0055
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0055, 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 structure on the trailer chassis shall be stored on the lot but not lived in.
4. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
5. The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
6. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
7. The historical flow patterns and runoff amounts will be maintained on the site.
8. 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.
9. 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.
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Waste Water Treatment Systems.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. 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.
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14. Building permits maybe 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 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 registered State of Colorado engineer
shall be required or an open hole inspection.
15. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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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