HomeMy WebLinkAbout20141723.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0014, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND
SINGLE-FAMILY DWELLING UNIT) AND ACCESSORY BUILDINGS WITH GROSS
FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA,
AS STATED IN SECTION 23-3-30, PER BUILDING ON LOTS IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FIELD PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT- RAYMOND AND DEBORAH GRANT
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 18th day
of June, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Raymond and Deborah Grant, 3505 Longview Road, Erie, CO 80516,
for a Site Specific Development Plan and Use by Special Review Permit, USR14-0014, for
one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A
(second single-family dwelling unit) and accessory buildings with gross floor area larger than
four percent (4%) of the total lot area, as stated in Section 23-3-30, per building on lots in an
approved or recorded subdivision plat or part of a map or plan field 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:
S1/2, Lot 1 Carol Heights Subdivision; being part of
Section 27, Township 1 North, Range 68 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:
materials are in compliance with the application requirements of
1. The submittedp Pp q
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 (USR14-0014) - RAYMOND AND DEBORAH GRANT
PAGE 2
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 family
members/caregivers. Since this parcel is located in a subdivision,
a USR is required for the addition of a second home.
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 is also requesting an additional garage to be constructed
on this parcel. The total square footage of these accessory
structures will be greater than four-percent (4%) of the square
footage of the lot, therefore this request is also for approval to
exceed the 4% rule. 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. Sections 23-3-40.M and 23-3-40.Q,
allow 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)
and accessory buildings with gross floor area larger than four percent
(4%) of the total lot area, as stated in Section 23-3-30, per building on lots
in an approved or recorded subdivision plat or lots of a map or plan field
prior to adoption of any regulations controlling subdivisions 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 parcels
are utilized as rural residential properties. The closest residence is
approximately 120 feet south of the site. There are about eight (8) USRs
located within one (1) mile of this parcel (west of 1-25). There are two (2)
USRs to the west of the site: USR-644 for a second dwelling and
USR-518 for a trucking business. USR-1396 is for a 24-foot gasline and
is east of, and adjacent to, the site. There are three (3) USRs to the
northeast of the site: USR-1622 for a fence company, USR-970 for an
excavation business, and USR-1315 for a landscaping business. There
are two (2) USRs for kennels, one about seven-tenths of a mile south of
the site and one about one-tenth of a mile east 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.
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SPECIAL REVIEW PERMIT (USR14-0014) - RAYMOND AND DEBORAH GRANT
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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
Town of Erie and the City of Dacono. The Town of Erie's referral, dated
April 8, 2014, and the City of Dacono's referral, dated April 9, 2014,
indicate 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.
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 2.5 acres
"Prime" (Irrigated) per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site has been historically utilized for
residential uses and is too small to farm.
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 Raymond and Deborah Grant, for one
(1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A
(second single-family dwelling unit) and accessory buildings with gross floor area larger
than four percent (4%) of the total lot area, as stated in Section 23-3-30, per building on
lots in an approved or recorded subdivision plat or part of a map or plan field 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 USR14-0014.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
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4) County Road (CR) 6 is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 10 feet shall be delineated on the plat
as future CR 6 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) Longview Road 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 60 feet of
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.
6) Show the approved access on the plat and label it with the
approved access permit number(AP).
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.
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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 facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, 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 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 18th day of June, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: itefsiti 'O)(9 SS(ems 4—Cate�gcY0
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� jeico'� o9glas Radema her, air
Weld County Clerk to the Board
(wc yn n j Barbara Kirkmeyer, ro-Tem
BY�De
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utif Clerk to the Board ✓ '�
Sean P. Conway
APP' s D AS TO FO:M: /� �' SLIt'
a Freeman
n f6rney 1/49 CUSED
liam F. Garcia
Date of signature: 7-2-£oii/ ',®o 11141
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RAYMOND AND DEBORAH GRANT
USR14-001 4
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0014, 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) and accessory buildings with gross floor
area larger than four percent (4%) of the total lot area, as stated in Section 23-3-30, per
building on lots in an approved or recorded subdivision plat or part of a map or plan field
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. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
6. 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.
7. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply.
8. 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.
9. The facility shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
Duplicate of#9.
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.
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DEVELOPMENT STANDARDS (USR14-0014) - RAYMOND AND DEBORAH GRANT
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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. 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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