HomeMy WebLinkAbout20141201.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0068, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT,
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (TWO (2)
DWELLING UNITS ON A SINGLE PARCEL) IN THE A (AGRICULTURAL) ZONE
DISTRICT- GERALD CALVIN AND KAREN HERMAN-CALVIN
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 16th 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 Gerald Calvin and Karen Herman-Calvin, P.O. Box 429, Fort Lupton,
CO 80621, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0068, for One (1) Single-Family Dwelling Unit per lot, other than those permitted under
Section 23-3-20.A (two (2) dwelling units on a single parcel) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Parcels A and B of Subdivision Exemption, SE-475;
being part of the W1/2 SE1/4 of Section 8,
Township 2 North, Range 66 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.A (A.Goal 1) of states: "Respect and encourage
the continuation of agricultural land uses and agricultural
operations for purposes which enhance the economic health and
sustainability of agriculture." The property is utilized for grazing
The application indicates that the oc
cupants
ants
and growing alfalfa. pp P
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SPECIAL REVIEW PERMIT (USR13-0068) - GERALD CALVIN AND KAREN
HERMAN-CALVIN
PAGE 2
of the second dwelling on the site will help with the maintenance
of the property.
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 One (1) Single-Family Dwelling Unit per
lot, other than those permitted under Section 23-3-20.A of the
Weld County Code.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. Single family
residences are located east of and adjacent to the southwest of the
property. There is an existing truck parking and maintenance facility
(MUSR11-0002) located south of the property. No changes to the
physical layout of this site will result if this USR is approved.
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
the City of Fort Lupton. The City of Fort Lupton, in the referral comments
dated January 10, 2014, indicated that the site is located within their
future comprehensive plan boundary and would like the opportunity to
discuss annexation with the applicant.
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.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed site is delineated as "Prime," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
two (2) residences are existing and no change to the site will occur if this
Use by Special Review Permit is approved.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Gerald Calvin and Karen Herman-Calvin, for a
Site Specific Development Plan and Use by Special Review Permit, USR13-0068, for One (1)
Single-Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A (two (2)
dwelling units on a single parcel) 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 applicant shall attempt to address the requirements/concerns of the
City of Fort Lupton, as stated in the referral response dated
January 10, 2014. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0068.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall indicate the existing septic system,
G19939131, for the older farmhouse on the site plan.
5) 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. A total of 70 feet from the centerline
of CR 22 shall be delineated as Edge of Future Right-of-Way on
the plat. The applicant shall verify and delineate on the plat 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.
6) The applicant shall show the approved access(es) on the plat and
label with the approved Access Permit Number (AP13-00437).
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
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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. 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 16th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO p
ATTEST: CI.�I�1.1 StE r yi.e Oa I d �ahaia-riAit—
v z DouglasRademacher, Chair
Weld County Clerk to the B..-�:
XCUSED
1t6i 1'�. �
( ,, ._. �:arbara Kirkmeyer, Pro-Tem
BY: .. . _�_� �I 1 til %, .�
Depu Clerk to the Boa:�s1�Y 'S ✓ -
♦ �� �/Sean P. Conway
APPTioyE FORM: •
Mikee�lFr
ounty Attorney 1.,��f/�C
Wiliam F. Garcia
Date of signature: 415/111
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GERALD CALVIN AND KAREN HERMAN-CALVIN
USR13-0068
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0068, is
for One (1) Single-Family Dwelling Unit per Lot, other than those permitted under
Section 23-3-20.A (two (2) dwelling units on a single parcel) 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. 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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
4. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
5. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
6. 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
Individual Sewage Disposal Systems (I.S.D.S.)
7. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
8. 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.
9. 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.
10. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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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
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 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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