HomeMy WebLinkAbout20162560.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0019, 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 -
CLAY KELLER
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 31st day of
August, 2016. at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Clay Keller, 42720 CR 13. Ft. Collins, CO 80524, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0019, 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 B of Recorded Exemption, RE -4716: being part
of the SW1/4 NW1/4 of Section 31, Township 8
North, Range 67 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 Mr. Keller's
mother-in-law who is related to the property owner. In the future
should this person vacate the property. the second dwelling will be
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SPECIAL REVIEW PERMIT (USR16-0019) — CLAY KELLER
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used as a rental income residence. therefore, this Use by Special
Review Permit is required for the second single family dwelling unit.
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 two (2) single-family dwellings on one parcel. The
applicant receives water from the North Weld County Water District
via water tap account number. 1563001. 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 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).
C Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The subject property has the
property owner's residence and a 2,400 -square -foot personal equipment
building. Adjacent to the west in Larimer County is Dyecrest Dairy. to the
north a vacant parcel of land, to the east pasture land and a single family
residence and to the south is vacant pasture lands and a large unnamed
water reservoir. Staff has not received any telephone calls or
correspondence concerning this application.
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 three (3) miles of the Town of
Severance and Larimer County. The Town of Severance returned a referral
response dated May 31. 2016, indicating no conflicts. Larimer County did
not return a referral response.
E Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V. of the Weld County Code. The property is not within 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.
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 31.77 acres of Prime
Agricultural Land, per the 1979 Soil Conservation Service Important
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SPECIAL REVIEW PERMIT (USR16-0019) — CLAY KELLER
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Farmlands of Weld County Map. The property has existing improvements
and the new residence will be located within the service yard of the house
and outbuilding in an area approximately 1.7 acres in size. The remaining
30 acres will continue with the current agricultural practices.
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 Clay Keller. for a Site Specific Development Plan and
Use by Special Review Permit. USR16-0019, 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 USR16-0019.
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) Show the approved County of Larimer access(es) on the site plan
and label with the approved Access Permit number, if applicable.
5) Accurately delineate the location of the current residence and
equipment building and the new second residence, driveways and
other physical improvements on the site map.
6) The applicant shall show the drainage flow arrows.
7) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
8) County Road (CR) 13 is under the jurisdiction of Larimer County.
The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be
noted on the map.
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2. 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.
3. 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.
4. 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.
5. 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.
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 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.
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SPECIAL REVIEW PERMIT (USR16-0019) — CLAY KELLER
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The above and foregoing Resolution was. on motion duly made and seconded. adopted
by the following vote on the 31st day of August, A.D.. 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST:WaC „Sacks
Weld County Clerk to the Board
BY:
ve Moreno
ty Clerk to the Board
Cozad. Pro -Tern
EXCUSED
Mike Freeman, Chair
EXCUSED
Sean P. Conway. Pro -Tern
APPROVED AS TO
ounty Attorney
Date of signature:'RIG'O/ I Co
j
ra Kirkmeyer
)kl--toen-Coraat.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CLAY KELLER
USR16-0019
1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0019, 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, Articles I and II, of the Weld County Code.
4. The historical flow patterns and runoff amounts will be maintained on the site.
5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
6 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.
7 A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
8 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.
9 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 (O.W.T.S.)
10. The facility shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
12. 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
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with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
13. 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.
14. 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.
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. 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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