HomeMy WebLinkAbout20112087 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,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-1784
APPLICANT: Glen True& Sharon Wells-True
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-5036 being part of the SW4 Section 24,T2N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 18 (Godding Hollow Parkway); 0.75 miles west of
CR 13.
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 7.3) states: "Conversion of agricultural land to urban
residential, commercial and industrial uses should be considered when the subject site is
located inside an Intergovernmental Agreement area, Urban Growth Boundary area,
• Regional Urbanization Area or Urban Development Nodes,or where adequate services are
currently available or reasonably obtainable. A municipality's adopted comprehensive plan
should be considered, but should not determine the appropriateness of such conversion."
The Town of Frederick returned the Notice of Inquiry document dated May 4, 2011 without
comment and did not return a referral for his application. The True property has an
approved Zoning Permit for a Home Occupation, [ZPHO-0004], for Internet sales and
delivery of specialty bicycle tires and tubes,True-Goo Products and Professional Consulting
Services. This commercial activity occurs within the barn structure/ detached residence
located on premises. The surrounding property,as an enclave to the Town of Frederick, has
an existing agricultural and rural residential development pattern. 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.
Adjacent lands to the south are parcels in the Dream Acres subdivision and are zoned
Agricultural(A)with single family homes in close proximity. Parcels north of and adjacent to
County Road 18(Godding Hollow Parkway)are rural residences on lots created through the
Recorded Exemption application process. This general area is an enclave to the Town of
Frederick. To the east is a lawn care business permitted under USR-1378 and to the
southwest is a second residence permitted under USR-1743. Development Standards and
Conditions of Approval will ensure that the proposed use will be compatible with the area.
2011-2087
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Resolution USR-1784
Glen True&Sharon Wells-True
Page 2
• 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 located within an Intergovernmental Agreement Area with the Town of
Frederick and is also within the three mile referral area for the City of Dacono, Town of Erie,
Town of Firestone and the Town of Frederick. The Town of Frederick returned the Notice of
Inquiry dated April 5, 2011 without comment. The City or Dacono in a referral dated May 12,
2001 and the Town of Erie in a referral dated May 13, 2011 indicated no conflict with their
interests. The Weld County Department of Planning Services believes that the Conditions of
Approval and Development Standards will ensure that the use will be compatible with existing
land uses.
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, County Facility Fee and
Drainage Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
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"Other Lands"as delineated on the"Important Farmlands of
Weld County" map, dated 1979. This size of the parcel (1.5 acres more or less) is not in
agricultural production and the location of the residence within an existing structure 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-1784. (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)
Resolution USR-1784
Glen True& Sharon Wells-True
Page 3
• D. The plat shall delineate the existing and future right-of-way on the plat for County Road 18,
Godding Hollow Parkway. The existing right-of-way is 30 feet and the future right-of-way as
20 feet per Recorded Exemption RE-5036 unless the Town of Frederick requests otherwise.
(Department of Public Works)
2. Prior to Recording the Plat:
A. The applicant shall submit evidence of a recorded Deed for Lot A RE-5036, being part SW4
Section 24, Township 2 North Range 68 West of the 6th P.M., Weld County, Colorado.
Written evidence of such must be submitted to the Department of Planning Services.
(Department of Planning Services)
B. In the event the applicant intends to utilize the existing septic system for the second dwelling
(total of 3 bedrooms), the septic system shall be installed according to the Weld County
Individual Sewage Disposal Policies and Regulations.'Written evidence of such must be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
C. Please address any access or right-of-way requirements with the Town of Frederick.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)
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 dhuerterco.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 Bill Hall.
•
Resolution USR-1784
Glen True&Sharon Wells-True
Page 4
• 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 July 12, 2011.
Dated the 12th of July, 2011.
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Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Glen and Sharon True
•
USR-1784
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.
(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. (Department of Public Health and Environment)
11. 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)
12. 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)
13. Effective April 25,2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program.(Ordinance 2011-2)(Department of Planning
Services)
• 14. Effective April 25, 2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)(Department
of Planning Services)
Resolution USR-1784
Glen True& Sharon Wells-True
Page 6
• 15. Building permits are required for each structure which requires permits. (Department of Building
Inspection)
16. 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)
17. All building plans shall be submitted to Frederick-Firestone Fire Protection District for review and
approval prior to issue of Building Permits. (Department of Building Inspection)
18. 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)
19. 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. (Department of
Planning Services)
20. 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.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.,
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
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
Resolution USR-1784
Glen True&Sharon Wells-True •
Page 7
• 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
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.
• •
• Commissioner Maxey suggested leaving the first sentence in Condition of Approval 1.A and keep Condition of
Approval 2.C as is since berming could be taken as landscape mitigation as well. Mrs. Johnson was
agreeable to that as long as the intent carries throughout the permit. Staff did not have any concerns with that.
Jason Maxey moved to delete the language after the first sentence in Condition of Approval 1.A,seconded by
Robert Grand. Motion carried.
Mrs. Hora asked to amend Conditions of Approval 5 and 6 regarding the amount of time to record the plat.
She requested that it be amended to allow 180 days rather than 60 days. Staff had no concerns with that
request.
Jason Maxey moved to amend Conditions of Approval 5 and 6 to allow 180 days to record the plat,seconded
by Nick Berryman. Motion carried.
Mrs. Hora said that they would like to amend Development Standard 26 regarding the hours of operation.
Rather than during daylight hours, they would like to request the hours to be 5 am to 10 pm to be consistent
with the hours at the 35t Avenue Mine site.
Commissioner Maxey said that he finds it difficult to approve this request when the last case heard they did
not change.
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 amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement and open
for further discussion.
•
Robert Grand moved that Case USR-1779, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Alexander Zauder.
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; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:39 pm and reconvened the meeting at 2:54 pm.
The Chair read the next case into record.
CASE NUMBER: USR-1784
APPLICANT: Glen True&Sharon Wells-True
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-5036 being part of the SW4 Section 24,T2N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 18 (Godding Hollow Parkway); 0.75 miles west of
CR 13.
Kim Ogle, Planning Services, stated that this application is for a second dwelling on a lot other than those
permitted under Section 23-3-20.A in the Agricultural Zone District.
• The property is located within an Intergovernmental Agreement Area with the Town of Frederick and is also •
within the three-mile referral area for the City of Dacono, Town of Erie, Town of Firestone and the Town of
Frederick. The Town of Frederick returned the Notice of Inquiry form dated April 5, 2011 without comment.
The City of Dacono in a referral dated May 12, 2011 and the Town of Erie in a referral dated May 13, 2011
7
• indicated no conflict with their interests. Access is from County Road 18, a paved two-lane road.
Adjacent lands to the south are parcels in the Dream Acres Subdivision and are zoned agricultural with single-
family homes in close proximity. Parcels north of and adjacent to County Road 18 are rural residences on lots
created through the recorded exemption application process. This general area is an enclave to the Town of
Frederick. To the east is a lawn care business permitted under USR-1378 and to the southwest is a second
residence permitted under USR-1743.
Fourteen referral agencies have reviewed this case and nine offered comments,some with specific conditions
that have been incorporated into this recommendation. Several telephone calls and one letter have been
received concerning this case. The letter is in opposition from an adjacent neighbor.
The Department of Planning Services recommends approval of this application,with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, stated that Central Weld County Water District provides water to the
site. There is a septic system for the main house sized for three bedrooms. When the second residence
was added it bumped it up to four bedrooms. Ms. Light said that the applicant indicated that there would
be two bedrooms in the main house with one bedroom converted into a craft room and one bedroom in
the second residence giving them a total of 3 bedrooms. Therefore Ms. Light recommended deleting
condition of Approval 2.6 upon confirmation from the applicants.
Heidi Hansen, Public Works, stated that County Road 11 is under the Town of Frederick's jurisdiction.
She added that the applicant has met their requirements and therefore they have no concerns with this
request.
Sharon Wells-True, 5227 Godding Hollow Parkway, Longmont CO, stated that they have applied for a
• second residence on the property because they take care of her father-in-law. She requested that this
application be approved.
Commissioner Holton referred to the septic question raised by the Health Department regarding total
number of bedrooms. Mrs. True said that she spoke to the County Assessor and they suggested that they
put a letter in their file indicating that they are going to make the main home a 2 bedroom home and the
second residence would have one bedroom. She understood that when they sell the property they will
need to disclose that the septic system is available only for three bedrooms. Ms. Wells-True stated that
she had emailed the letter to the Building Department; unfortunately, the Health Department did not get a
copy of that but they will provide her a copy.
Mark Lawley moved to delete Condition of Approval 2.6, seconded by Erich Erhlich. Motion carried.
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 amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1784, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
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; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
• The Chair read the following case into record.
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