HomeMy WebLinkAbout20150335.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0075, FOR ONE (1) SINGLE-FAMILY DEWELLING UNIT PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND
SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
LARRY AND PATRICIA NELSON, C/O STEVE CARLSON
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 4th day of
February, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Larry and Patricia Nelson, c/o Steve Carlson, 6499 CR 36, Platteville,
CO 80651, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0075, 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-3204; being part
of the S1/2 SW1/4 of Section 6, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and respresented by Steve
Carlson, 6499 CR 36, Platteville, CO 80651, 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 23-2-230.6.1 -- 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 a farm
caretaker. Since the caretaker is neither related to the applicants
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SPECIAL REVIEW PERMIT (USR14-0075) - LARRY AND PATRICIA NELSON, CIO STEVE
CARLSON
PAGE 2
nor a caregiver, 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 applicants are requesting a
USR permit for two (2) single-family dwellings on one parcel. The
applicant receives public water service from the Central Weld
County Water District. The applicant has applied for, and received
approval from, the District that their current water tap can service
the additional dwelling unit. The applicant's current septic system
can serve both the existing and proposed dwelling units provided
they apply for, and receive, a Minor Repair Permit for said system
from the Department of Public Health and Environment. The
Conditions of Approval and Development Standards ensure that
there are adequate services and facilities available.
B. Section 23-2-230.6.2 -- 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 adjacent parcels
are utilized as rural residential properties. The closest residence is
approximately 900 feet west of the existing barn. While there is no
existing Use by Special Review Permits in close proximity to this site, the
proposed second single family dwelling unit is an apartment entirely
contained in the existing barn. The resulting impacts to the area's
agricultural nature will therefore be limited. The proposed land use
matches the surrounding land uses. The Weld County Department of
Planning Services has received one letter of opposition, dated January 2,
2015, from Ms. Kelley Carlson, who objects to the approval of this land
use permit. In summarizing her letter, Ms. Carlson has concerns about
building safety and the adequacy of the existing septic system to serve an
additional dwelling unit. The Conditions of Approval and Development
Standards ensure that there are adequate services and facilities
available. Due to the issuance of the Second Single Family Dwelling
Permit, the applicants have applied for, and received a Building Permit for
this dwelling unit, BCR14-00961.
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
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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 Towns of Berthoud, Johnstown, Platteville, and Milliken. The Towns
of Berthoud, Johnstown, and Platteville, in their referral comments,
indicated that they have no concerns. The Town of Milliken did not return
any referral comments.
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 Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- 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 40 acres
of Prime (if irrigated) agricultural land, per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. No Prime farmland
will be removed from active production as a result of the approval of this
Use by Special Review Permit.
G. Section 23-2-230.B.7 —There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 Larry and Patricia Nelson, c/o Steve Carlson, for
a Site Specific Development Plan and Use by Special Review Permit, USR14-0075, 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 USR14-0075.
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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SPECIAL REVIEW PERMIT (USR14-0075) - LARRY AND PATRICIA NELSON, CIO STEVE
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4) County Road (CR) 36 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of right-
of-way at full buildout. The applicant shall verify and delineate on the
map the existing right-of-way and the documents creating the right-of-
way. All setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
5) The applicant shall show the approved access(es) on the map and label
with the approved Access Permit Number (AP14-00480).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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.
6. Prior to building permits:
A. A fire protection notification letter shall be required before the applicant's
building permit, BCR14-00961, can be finalized.
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SPECIAL REVIEW PERMIT (USR14-0075) - LARRY AND PATRICIA NELSON, C/O STEVE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of February, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:�i jes: L exteLt-
arbaraKirm�.C Kirkmeyer Chair
Weld County Clerk to the Board
/ • - Mike Freeman, Pro-Tem
D y Clerk to th Boar.I ' a
n P. 9pnway
/
APPROVED S TO FORMA
IieA. Cozad
County Attorney
//g Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LARRY AND PATRICIA NELSON, C/O STEVE CARLSON
USR14-0075
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0075, 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. 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.
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.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
8. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply.
9. 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.).
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 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.
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
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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.
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. 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 plat and recognized at all times.
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