HomeMy WebLinkAbout20141108.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0001, 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 -
GORDON WEICHEL, C/O GRADY WEICHEL
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 9th day of
April, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Gordon Weichel, c/o Grady Weichel, 22460 CR 22, Hudson, CO 80642, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0001, 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:
S1/2 NW1/4 of Section 14, Township 2 North,
Range 65 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 23-2-230.6.1. -- 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
apartment (second home) on the property will be occupied by
family members/caregivers and the applicant is requesting to have
the flexibility of renting this dwelling in the future.
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SPECIAL REVIEW PERMIT (USR14-0001) - GORDON WEICHEL, CIO GRADY WEICHEL
PAGE 2
obtainable to accommodate the requested new land use change
for more intensive development." The applicant, Mr. Gordon
Weichel, is requesting a USR permit for two (2) dwellings on one
(1) parcel; the principal dwelling and an apartment attached to the
shop. Both of these dwellings are located on the southeast corner
of an 80-acre parcel. There is also a modular on the southwest
corner of the parcel that is not a part of this USR request. A
Zoning Permit will be required for the approval of the modular. The
application materials include a Well Permit that is approved to
serve three (3) single-family dwellings and there will be three (3)
septic systems on the site, one for each dwelling. 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 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
properties are mainly utilized for pastures, crops, and rural residences.
The properties to the north, south, east, and west are primarily cropland.
The closest residence not owned by the applicant is approximately
one-half mile north of the site. There are two (2) USRs located within one
(1) mile of this parcel. USR-621 is for a single-family dwelling and is
located north of the site, and USR-1519 is for a home business, parking
and maintenance of trucks and trailers and is located northeast of the
site. The Weld County Department of Planning Services has not received
any correspondence from the surrounding property owners that objects 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
Town of Hudson. The Town of Hudson's referral, dated
February 6, 2014, indicated no concerns.
E. Section 23-2-230.6.5 -- 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.
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SPECIAL REVIEW PERMIT (USR14-0001) - GORDON WEICHEL, CIO GRADY WEICHEL
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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 70 acres
"Prime (Irrigated)," two (2) acres of "Other Land," and eight (8) acres of
"Prime if they become Irrigated," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The residences will be located
on the dry corners of the southeast corner; therefore, this USR will not
take any "Prime (Irrigated)" land out of production.
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 Gordon Weichel, do Grady Weichel, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0001, 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 USR14-0001.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) County Road (CR) 22 is designated on the Weld County Road
Classification Plan as an arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 40 feet shall be delineated on the plat
as future CR 22 right-of-way. All setbacks shall be measured from
the edge of future right-of-way. 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 plat. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
5) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP14-00029).
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SPECIAL REVIEW PERMIT (USR14-0001) - GORDON WEICHEL, CIO GRADY WEICHEL
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6) The applicant shall place the drawing of a 30-foot access
easement across Lot C of RE-2345 on the plat, for the benefit of
Parcel 130714000002 on case USR14-0001.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, 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 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.
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. Septic Permit SP-1300113 shall receive final approval from the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment.
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.
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SPECIAL REVIEW PERMIT (USR14-0001) - GORDON WEICHEL, CIO GRADY WEICHEL
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/
ATTEST: ( al& $1c, JC,// l, C QQ
ougla4 Rademacher, Chair
Weld County Clerk to the Boar•t\: ZL a��-
CUSED
rbara Kirkmeyer, Pro-Tern
BY:
Deput 9 lerk to the Boar CUSED
Ivry an P. Conway
APPROVED AS TO FORM: ,�+►�I,�' �¢c.�.�pp��
^�1� � Mike Fr a
A<sr County Attorney G
/,
William F. rcia
Date of signature: 4/1-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GORDON WEICHEL, C/O GRADY WEICHEL
USR14-0001
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0001, 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 Section 15-1-180 of the Weld County Code
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
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. Sewage disposal shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems (I.S.D.S.).
8. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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,
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DEVELOPMENT STANDARDS (USR14-0001) - GORDON WEICHEL, CIO GRADY WEICHEL
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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. 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. 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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