HomeMy WebLinkAbout20151547.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0025, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A IN THE
A (AGRICULTURAL) ZONE DISTRICT- LOLITA MILLER
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 17th day
of June, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lolita Miller, 9840 Plateau Road, Longmont, CO 80504, do James
for Site Specific Development Plan and
Miller, 33323 Highway 52, Keenesburg, 80643, o a p
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Use by Special Review Permit, USR15-0025, for one (1) Single-Family Dwelling Unit per lot
other than those permitted under Section 23-3-20.A in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE-958; being part
of the E1/2 SW1/4 of Section 3, Township 1 North,
Range 63 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
multigenerational, caretaker, guest and accessory quarters." The
second single-family dwelling will be occupied by an individual
who is not related to the property owner and is required to correct
a violation of an existing Land Use Permit, therefore, this Use by
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SPECIAL REVIEW PERMIT (USR15-0025) - LOLITA MILLER
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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 applicants are requesting a
USR permit for two (2) single-family dwellings on one (1) parcel.
The applicant receives water from a well approved for domestic
purposes inside three single family dwellings, irrigation of up to
one (1)-acre lawn and garden and the owner's large
non-commercial domestic animals. The Division of Water
Resources indicates that the approved Uses for Well
Permit (#249869) are consistent with the proposed uses. 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.
1) 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 multiple structures on-site including two residences, an office for a
hay brokerage business and several outbuildings. The property is defined
as lands south of the irrigation ditch and north of State Highway 52.
Adjacent to the west is a single family residence on a small acreage, to
the north and east are irrigated agricultural fields, and to the south is the
Weld School District RE-3J bus barn and district buildings and the
Prospect Community Church.
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 not located within a three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) area of a municipality.
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
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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 3.53
acres of Prime Agricultural Land, per the 1979 Soil Conservation Service
Important Farmlands of the Weld County map. The property has an
irrigation ditch at the north property line, State Highway 52 is adjacent to
the south property line and there are two residences, an office, and three
outbuildings located on the property; therefore, it makes agricultural
practices difficult to obtain.
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 Lolita Miller, for a Site Specific Development Plan
and Use by Special Review Permit, USR15-0025, for one (1) Single-Family Dwelling Unit per lot
other than those permitted under Section 23-3-20.A 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 shall be labeled USR15-0025.
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 Colorado Department of Transportation
(CDOT) access(es) and label with the approved Access Permit
Number, if applicable.
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
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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 17th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL9RADO
ATTEST: die/Leo jC.1to4 - - 7 4.. C 4 6i- /iti. "lti
`Bbara Kirkmeyer, Chair
Weld County Clerk to the Board 1PYLLAt,�
• Mice Freeman, Pro-Tem
BY: Clerk
De�� t, rk to the =oard
Lan P. Conway
APPROVED AS TO FORM:
apt I`n`•''ti'• !�` USED
< , ` u A. Cozad
County Attor ey
71 Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOLITA MILLER
USR15-0025
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0025, is
for one (1) single-family dwelling unit per lot other than those permitted under
Section 23-3-20.A, 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. Should noxious weeds exist on the property, or become established as a result of the
development, the applicant/landowner shall be responsible for controlling the
proposed P pp p
noxious weeds 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.
7. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing private water supply.
8. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-Site Wastewater Treatment System (O.W.T.S.).
I rules and regulations of state
9. The facility shall comply with all applicable agencies and g
the Weld County Code.
10. Building permits will 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 2011 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.
11. 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.
12. 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.
13. 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.
14. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
15. 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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