HomeMy WebLinkAbout20143387.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0059, 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 AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION
OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT-JOSEPH AND LINDA BAKER
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 5th day of
November, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Joseph and Linda Baker, 7156 Maple Street, Longmont, CO 80504,
for a Site Specific Development Plan and Use by Special Review Permit, USR14-0059, 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 an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
Lot 28, Enchanted Hills; being part of Section 8,
Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant, Joseph Baker 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.
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SPECIAL REVIEW PERMIT (USR14-0059) -JOSEPH AND LINDA BAKER
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1) Section 22-2-20.F.2 (A.Policy 6.2) states: "Support opportunities,
such as but not limited to hobby farms, businesses, to supplement
family income and reduce living expenses for farm families and
others who prefer a rural lifestyle." The second single family
dwelling provides options in a limited real-estate market for those
individuals who desire a property with opportunities and
infrastructure that can support multi-generational living
arrangements, provide supplemental income by providing rental
and business opportunities.
2) Section 22-2-20.F.3 (A.Policy 6.3) states: "Encourage
multi-generational, caretaker, guest and accessory quarters."The
second single-family dwelling has historically been occupied by
family members/caregivers. The property owner is seeking to
bring the property into compliance for sale and allow unrestricted
use of the second residence located on the property.
3) 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." There is existing water to the
property from Central Weld County Water District Tap#000589-01
and the existing septic system is permitted at #G700501 for up to
three bedrooms. 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., which allows 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 23-2-230.6.3 -- 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 250 feet north of the site. There are nine (9) USRs located
within one mile of this parcel; four (4) are within the Enchanted Hills
Subdivision; two are directly adjacent to the subject parcel. USR-912 is
for a welding shop and is adjacent to the west. USR-405 is for a 45-dog
kennel and is adjacent to the subject parcel to the east. USR-1331 and
USR-509 are also dog kennels/training facilities located within Enchanted
Hills Subdivision. There are five (5) USRs south of the site, USR-1177
and USR-1169 are for accessory buildings; USR-620 and USR-549 are
for dog kennels and USR-743 is for a small engine repair home business.
The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners that objects to this
land use permit. The Conditions of Approval and Development Standards
ensure that there are adequate services and facilities available.
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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
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 Firestone and Frederick. Neither town provided referral
comments.
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.
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 site has been a 4.5 acre lot with improvements
located within a platted subdivision, which is not feasible for farming. The
property is identified as "Prime" (Irrigated), per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
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 Joseph and Linda Baker, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0059, 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 an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions 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 USR14-0059.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
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4) Maple Street 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. There is presently an 80-foot right-of-
way as shown on the Enchanted Hills Subdivision plat. 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
USR map. 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 on the plat and
label it with the approved Access Permit Number (AP14-00402).
2. It shall be delineated on the plat that this USR does not create two separate legal
lots.
3. 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.
4. 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.
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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ( ait , C ( • EXCUSED
i.��N/ Douglas Rademacher, Chair
Weld County Clerk to the E llsa
arbara Kirkmeyer, o-Tem
De. t) lerk to the ::� �'"' °a�• cT
Sean P. Conway
AP A ORM:
Mike Free
unty Attorney
William F. Garcia
//
Date of signature: /9
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSEPH AND LINDA BAKER
USR14-0059
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0059, 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 an approved or recorded subdivision
plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions 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. 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.
5. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply provided by Central
Weld County Water District.
6. 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.).
7. The facility shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
8. A Building Permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following has been adopted by Weld County: 2012 International Codes;
2006 International Energy Code; 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 registered Colorado
engineer shall be required, or an Open Hole Inspection.
9. 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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10. 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.
11. 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.
12. 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.
13. 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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