HomeMy WebLinkAbout20110180.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Jason Maxey,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1762
APPLICANT: Randall & Robin Anders
PLANNER: Kim Ogle
REQUEST: 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 of the Weld County Code, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-4864, part E2 SE4 Section 19, T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to State Hwy 85; 0.5 miles south of CR 20.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
• region." The surrounding property is agricultural in nature. . Development Standards and
Conditions of Approval will ensure that the proposed use will be compatible with the area.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.L of the Weld County Code allows for Site Specific
Development Plan and a Special Review Permit for one (1) Single Family Dwelling Unit per
Lot other than those permitted under Section 23-3-20.A in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding property to the North, South, and West are agricultural parcels planted in
crop and with single family homes. East of this site is State Highway 85 that provides
separation from Fort Lupton. The Conoco Pipeline Facility and Renewable Fibre are located
adjacent to State Highway 85. There is true separation of the property from surrounding land
uses to the East as State Highway 85 is considerably elevated in comparison to the natural
grade of the property. Development Standards and Conditions of Approval will ensure that
the proposed use will be compatible with the area.
D. Section 23-2-220.A.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 property is not located within an Intergovernmental Agreement Area but does lie within
the three mile referral area for the City of Fort Lupton. The Weld County Department of
• Planning Services did not receive a referral from any municipality. Staff believes that the
Conditions of Approval and Development Standards will ensure that the use will be
compatible with existing land uses.
2011-0180 1 f,
Resolution USR-1762
Randall & Robin Anders
Page 2
• E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area, Capital Expansion Impact Fee,
and the Stormwater/Drainage Impact Fee area.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8, Section
5-8-40)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The residence is located
adjacent to other built elements and the remainder of the property is agricultural by use.
The subject site is classified as"Prime"as delineated on the"Important Farmlands of Weld
County" map, dated 1979. This size of the parcel (12 acres more or less) is currently in
agricultural production and the location of the new residence does not interfere with the
farming operations.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and
welfare of the inhabitants of the neighborhood and County.
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 health, safety, and welfare of
the inhabitants of the neighborhood and County.
• This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1762. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. The future right-of-way for State Highway 85. (Department of Public Works)
2. The applicant shall contact the Colorado Department of Transportation to verify the access permit
adequately addresses the current and proposed future use. Written evidence of such shall be
submitted to the Department of Planning Services. (Department of Public Works)
3. Upon completion of 1 and 2. above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
• requirements shall be submitted within thirty (30) days from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
Resolution USR-1762
Randall & Robin Anders
Page 3
• 4. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(aco.weld.co.us (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
• Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 4, 2011.
Dated the 4th of January, 2011.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Robin and Randall Anders
USR-1762
1. A Site Specific Development Plan and a Special Review Permit for one (1) Single Family Dwelling
Unit per Lot other than those permitted under Section 23-3-20 A in the A(Agricultural) Zone District
and subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
• delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
8. Any septic system located on the property must comply with all provisions of the Weld County Code
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Well
permit 283951). (Department of Public Health and Environment)
10. The facility shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
11. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
12. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
13. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
14. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
15. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
Resolution USR-1762
Randall & Robin Anders
Page 5
• 16. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
17. Building permits are required for each structure which requires permits. (Department of Building
Inspection)
18. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County:2006 International Residential
Code; 2008 National Electrical Code. (Department of Building Inspection)
19. All building plans shall be submitted to Fort Lupton Fire Protection District for review and approval
prior to issue of Building Permits. (Department of Building Inspection)
20. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13
of the Weld County Code do not require building permits, however, a Certificate of Compliance must
be filed with the Planning Department and an electrical and/or plumbing permit is required for any
electrical service to the building or water for watering or washing of livestock or poultry. (Department
of Building Inspection)
21. Personnel from Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
• 22. The 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.
23. 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.
24. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
•
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
Resolution USR-1762
Randall & Robin Anders
Page 6
• that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
S
1 4- a-oil
• Commissioner Lawley echoed Mr. Ehrlich's comments.
Commissioner Holton cited Section 23-2-220.A.3"That the uses which would be permitted will be compatible
with the existing surrounding land uses." He said that the referral response from the City of Dacono regarding
the environmental issues is less than compelling. He added that the Weld County Health Department does a
good job of keeping control of the properties.
The Chair called a recess at 3:07 pm and reconvened the meeting at 3:16 pm.
CASE NUMBER: USR-1762
APPLICANT: Randall & Robin Anders
PLANNER: Kim Ogle
REQUEST: 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 of the Weld County Code, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-4864, part E2 SE4 Section 19, T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to State Hwy 85; 0.5 miles south of CR 20.
Kim Ogle, Planning Services, stated that the property is not located within an Intergovernmental Agreement
Area but does lie within the three mile referral area for the City of Fort Lupton. The Weld County Department
of Planning Services did not receive a referral from this municipality.
The surrounding property to the north,south, and west are agricultural parcels planted in crop and with single
family homes. East of this site is State Highway 85 that provides separation from Fort Lupton. The Conoco
Pipeline Facility and Renewable Fiber are located adjacent to State Highway 85.
Twelve referral agencies reviewed the case; four agencies offered comments, some with conditions which
• have been incorporated into the staff report. No letters, electronic mail or phone calls have been received
concerning this case.
The Department of Planning Services' staff recommends approval of the application along with the
attached conditions of approval and development standards.
Commissioner Holton thought that the code was changed to allow for an additional dwelling unit and asked
why this request falls under a USR. Mr. Ogle replied that it is because it is for the principle residence on the
property. Currently there is an existing house but the person who lives in that house is a worker associated
with the applicant's operation. The new permit,which allows for the second dwelling for caregivers and family
on the same parcel, do not apply because there is no principle dwelling. The principle dwelling in this case is
for labor help.
Lauren Light, Environmental Health, stated that they have an individual well and it is permitted to serve both
houses. The older house has its own septic system. Ms. Light stated that there are no concerns with this
proposal.
Heidi Hanson, Public Works, stated that access is onto State Highway 85, which is controlled by CDOT. A
new access permit will need to be submitted to CDOT since the existing access is permitted for one(1)single-
family dwelling.
Angela Hauer, 38515 CR 41, stated that she is representing the applicants. She said that the applicants
would like to put the primary residence on this property for their convenience. Mr. Anders stores all of his
implements as well as their crops in the buildings onsite.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
• The Chair asked the applicant if they read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicant replied that they are in agreement.
EXHIBIT
C
a- l'lt� --
• Jason Maxey moved that Case USR-1762, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand, yes with comment; Bill Hall, yes;Alexander Zauder,absent;
Jason Maxey, yes with comment; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried
unanimously.
Commissioner Grand commented that this is an example of looking at the pure wording of the resolution and
not necessarily the intent. He believes that having these applicants pay for this process given the thought
process is a burden.
Commissioner Maxey echoed Mr. Grand's comments.
Commissioner Holton agreed with Mr. Grand's comments as well.
The Chair read the last case into record.
CASE NUMBER: USR-1767
APPLICANT: Michael Konig
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility,including Open Pit Gravel Mining(Konig borrow
mine), in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: NW4 of Section 11,T10N, R62W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 81; south of and adjacent to CR 120.
• Kim Ogle, Planning Services, stated that the application proposes to extract the mineral resource within a 35
acre borrow area in the middle of the 160 acre property. According to the Weld County Sand, Gravel
Resources map dated July 1, 1975, the northern part of the property is classified as U-4 (Upland deposits—
unevaluated course and fine aggregate resources). The application materials indicated that approximately 10
feet of sand, gravel and stones underneath 6 to 8 inches of overburden topsoil is located on the site.
The multiple linear berms planted with a dryland seed mixture will assist in preventing wind and moisture
erosion and to create visual interest. Proposed access to the site will be located off of County Road 81 via an
internal access into the site.
The site is surrounded by dryland pasture lands and limited agricultural, and rural residential uses. There are
large tracts of land in the near vicinity. The proposed site is located within the three-mile referral area of the
Town of Grover. The Town of Grover did not return a referral response.
Twelve referral agencies reviewed the case;four agencies offered comments, some with specific conditions,
which have been incorporated into the conditions of approval and development standards.
The Department of Planning Services' Staff recommends that this request be approved along with the
attached conditions of approval and development standards.
Mr. Ogle requested to remove Condition of Approval 1.A since that condition has been met by the applicant.
Mary Evett, Environmental Health, stated that the applicant is proposing portable toilets and bottled water
for employees and drivers. However, since the mining operations could occur up to 10 years, permanent
sewage and water shall be provided for drinking and sanitation purposes for employees. She added that
they may be able to install a vault for sewage disposal and portable toilets and bottled water may be used
at the working face of the mine.
The applicants submitted documentation of their Air Pollution Emission Notice; therefore Condition of
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