HomeMy WebLinkAbout20140749.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0059, FOR A USE SIMILAR TO THE USES LISTED IN
SECTION 23-3-40 AS USES BY SPECIAL REVIEW (THREE SINGLE FAMILY
RESIDENCES ON ONE PARCEL) AS LONG AS THE USE COMPLIES WITH THE
GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT - EDWARD AND
BETTY MEYER, C/O CONNIE MIZNER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
vested with the authority of
County Home Rule Charter, is
Colorado statute and the Weld Co y
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 12th day
of March, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Edward and Betty Meyer, CIO Connie Mizner, 29975 CR 59, Greeley,
CO 80631, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0059, for a use similar to the Uses listed in Section 23-3-40 as Uses by Special Review
(three single family residences on one parcel) as long as the Use complies with the general
intent of the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot A of Recorded Exemption, RE-120; being part
of the SE1/4 of Section 5, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were 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 23-2-230.6 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 and third homes on the property will be occupied by family
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SPECIAL REVIEW PERMIT (USR13-0059) - EDWARD AND BETTY MEYER, C/O CONNIE
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members/caregivers and the applicant would like to have the
flexibility of renting these homes in the future.
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 applicant provided a "can
serve" letter from the North Weld County Water District and each
home will have a separate septic system. 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.W. allows for a Site
Specific Development Plan and Use By Special Review Permit for a use
similar to the Uses listed in Section 23-3-40 as Uses by Special Review,
as long as the Use complies with the general intent of the A (Agricultural)
Zone District.
C. Section 23-2-230.6.3 — 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.
County Road (CR) 41 borders the site on the east. The properties to the
north and south are rural residential and the property to the west is
cropland. The closest residence, not owned by the applicant, is on the
property adjacent to and north of the site. There is one (1) USR within
one (1) mile of the site. USR-484 is for a nursery and a garden center,
which is south of and adjacent to the site. The Department of Planning
Services has received one letter from a surrounding property owner
objecting to this USR. The applicant sent a letter to this surrounding
property owner to attempt to address her concerns. The Conditions of
Approval and Development Standards ensure that there are adequate
services and facilities available.
D. Section 23-2-230.8.4 -- 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 Town of Eaton. The Town of Eaton's referral, dated
December 18, 2013, indicated no concerns.
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.
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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 12 acres
of "Prime (Irrigated)" and approximately nine (9) acres of "Irrigated Land,
Not Prime" per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. This USR will not take any acres of "Prime
(Irrigated)" farmland out of production because the site is too small to
farm and has been utilized for residential uses since 1999.
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 Edward and Betty Meyer, do Connie Mizner, for
a Site Specific Development Plan and Use by Special Review Permit, USR13-0059, for a use
similar to the Uses listed in Section 23-3-40 as Uses by Special Review (three single family
residences on one parcel) as long as the Use complies with the general intent of 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 USR13-0059.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) CR 41 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 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.
5) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP# will be
provided). All three (3) homes will use the existing access point.
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
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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. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed single-family dwellings and shall be installed according to the
Weld County I.S.D.S. Regulations.
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 add
early release language here.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
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Weld County Clerk to the Board +�
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De. y Clerk to the Board
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Date of signature: 3-021-0"
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EDWARD AND BETTY MEYER, C/O CONNIE MIZNER
USR13-0059
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0059, is
for a use similar to the Uses listed in Section 23-3-40 as Uses by Special Review (three
single-family residences on one parcel) as long as the Use complies with the general
intent of 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 15-41-180 of the Weld County Code.
4. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
5. The facility shall utilize the existing public water supply (North Weld County Water
District).
6. The facility shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
7. Building permits maybe 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.
8. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
9. 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.
10. 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
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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.
11. 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.
12. 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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