HomeMy WebLinkAbout20101341.tiff 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-1743
APPLICANT: Lawrence& Linda Lopez c/o Tina DeZonia
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Single Family Dwelling Unit per lot (second home on the property) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: East 100 feet of Block 13 and the west 80 feet of Block 12, Dream Acres
Subdivision, being part of Section 25, T2N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to CR 18; 0.25 miles east of CR 11.
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 primarily residential in nature. Section 23-2-240.A.10 of
the Weld County Codes states "...that buffering or screening of the proposed use from
adjacent properties may be required in order to make the determination that the proposed
use is compatible with the surrounding uses." Condition 1.D requires the applicant to screen
the outdoor storage from surrounding properties and public rights of way. 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 south, east and west are parcels in Dream Acres subdivision
and are zoned Agricultural (A) with single family homes in close proximity. Parcels to the
north are rural residences on lots created through the Recorded Exemption application
process. This general area is an enclave to the Town of Frederick. 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.
Extort
2010-1341
USR--(143
Resolution USR-1743
Lawrence& Linda Lopez c/o Tina DeZonia
Page 2
• The property is not located within an Intergovernmental Agreement Area but does lie within
the three mile referral area for the City of Dacono, City of Longmont, Town of Firestone and
the Town of Frederick. 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.
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 subject site is classified as"Other" as delineated on the"Important Farmlands of Weld
County" map, dated 1979. This size of the parcel (3.4 acres) is currently developed as a
residential property therefore it is not conducive to farming.
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-1743. (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 approved screening plan. (Department of Planning Services)
E. The future right-of-way for County Road 18. (Department of Public Works)
2. Any additional hydraulic load to any existing septic system will require an I.S.D.S. Evaluation from
the Weld County Department of Public Health & Environment. In the event the system(s) is found
to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
Evidence of their approval shall be submitted to the Weld County Department of Planning
• Services. (Department of Public Health and Environment)
Resolution USR-1743
Lawrence& Linda Lopez c/o Tina DeZonia
Page 3
• 3. The applicant shall provide primary and secondary septic system envelopes for each existing and
proposed septic system. A map depicting the location of the envelopes shall be provided to the
Weld County Department of Public Health & Environment for review and approval. Once
approved the envelopes shall be recorded on the final plat. Evidence of their approval shall be
submitted to the Weld County Department of Planning Services. (Department of Public Health
and Environment)
4. The applicant shall submit to the Weld County Department of Planning Services a screening plan
for review and approval. The screening plan shall screen all outdoor storage and parking areas
from adjacent rights of way and surrounding properties. (Department of Planning Services)
5. Upon completion of 1 - 4 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)
6. 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)
7. 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)
8. 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.
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.
Resolution USR-1743
Lawrence & Linda Lopez do Tina DeZonia
Page 4
• 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 June 1, 2010.
Dated the 1s`of June, 2010.Da
ann—
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DeZonia/ Lopez
• USR-1743
R-1743
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. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
4. 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)
5. 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)
6. 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)
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. The operation 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)
9. Any septic system located on the property must comply with all provisions of the Weld County
Code pertaining to Individual Sewage Disposal Systems (Permit SP-0000279 and Permit SE-
0900027). (Department of Public Health and Environment)
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Central
Weld County Water District). (Department of Public Health and Environment)
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. The Screening on site shall be maintained in accordance with the approved Screening Plan on the
plat. (Department of Planning Services)
Resolution USR-1743
Lawrence& Linda Lopez c/o Tina DeZonia
Page 6
• 16. 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)
17. 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.
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 29-3-20.8.13
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. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
20. 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)
21. 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)
• 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
Resolution USR-1743
Lawrence& Linda Lopez c/o Tina DeZonia
Page 7
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.
•
101010
A Waste Handling Plan is requested because there are fuel tanks on-site. In addition,a Dust Abatement Plan
ipis requested for on-site dust control.
Heidi Hansen, Public Works, commented that the Town of Johnston has jurisdiction over that portion of
County Road 17. Weld County Public Works classifies County Road 17 as an arterial roadway requiring 140
feet of right-of-way. The applicant is using the existing access to the parcel.
Brian Williams commented that they are requesting the ability to operate a landscape business from his
location. He noted that the south and eastern portions of the site will be used for storing of trees. It is a 21
acre tree farm. He commented that there is a ditch which runs along the southeast corner of the property and
added that he has a head gate which allows him to irrigate these trees. These trees would not be used as a
retail facility but rather used for landscape design.
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 closed the public portion of the meeting.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if he is in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case USR-1725, 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 Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes;Alexander Zauder, yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
•
The Chair read the next case into record.
CASE NUMBER: USR-1743
APPLICANT: Lawrence& Linda Lopez c/o Tina DeZonia
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Single Family Dwelling Unit per lot(second home on the property) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: East 100 feet of Block 13 and the west 80 feet of Block 12, Dream Acres
Subdivision, being part of Section 25,T2N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to CR 18; 0.25 miles east of CR 11.
Kim Ogle, Planning Services, commented that the site is located within the three mile referral area for the
Cities of Dacono and Longmont and the Towns of Firestone and Frederick. The Weld County Department of
Planning Services did not receive a referral from any municipality.
Surrounding property to the south, east and west of the site are parcels in Dream Acres Subdivision and are
zoned agricultural with single family homes in close proximity. Parcels to the north are rural residential
structures on lots created through the Recorded Exemption process. The general area is an enclave to the
Town of Frederick.
Fifteen referral agencies reviewed this case; three offered comments and have been incorporated into the
conditions of approval and development standards. No telephone calls or letters have been received
concerning this case.
Mr. Ogle noted that there are three proposed amendments to the staff report. Condition of Approval 1.D and
•
1.E are recommended to be deleted as well as Development Standard #17 as they are no longer required.
WNW
USR-t +{3
Mary Evett, Environmental Health, commented that there are two permanent septic systems located on the
11
property. One septic system is for a three bedroom home and another for a one bedroom home. The septic
permit for the one bedroom home is a Statement of Existing which is based on information provided by the
property owner. The owner provided information on the size and location of the septic tank; however he did
not provide information on the size and type of the septic field. Since the applicant is proposing to add a
bedroom to the one-bedroom home, the existing septic system will require an evaluation by Environmental
Health Services to determine if it is adequately sized. If the system is found to be inadequate the system must
be brought into compliance with current regulations.
Water is provided by Central Weld County Water District and the District is aware that two dwellings are being
served by the same meter.
Heidi Hansen, Public Works, commented that they will be using the existing access from County Road 18
which is under the jurisdiction of the Town of Frederick. No stormwater management measures are required.
Roy Spitzer moved to delete Conditions of Approval 1.D, 1.E and Development Standards #17 as
recommended by staff, seconded by Nick Berryman.
Tina DeZonia, 5096 CR 18, corrected the information of the one bedroom home with the septic system. She
stated that they are not adding a bedroom; rather they are relocating the one bedroom that is currently there.
Ms. Evett commented that they have submitted information on the septic tank; however there is no information
on the septic field. She added that they will work with the applicant to get that information.
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 she read through the amended Development Standards and Conditions of
•
Approval and if she is in agreement with those. The applicant replied that she is in agreement.
Robert Grand moved that Case USR-1743, 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, absent; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1737
APPLICANT: Troy&Judy Hefner
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Business Permitted as a Use by Right or Accessory Use in the Commercial
Zone District (storage of commercial equipment and vehicles,fabrication, auto
storage and repair) and Agricultural Service Establishments primarily engaged
in performing agricultural, animal husbandry or horticultural services on a fee or
contract basis, including:farm equipment sales, repair and installation facilities,
and 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: Part of the E2 W2 SE4 SW4 of Section 23, Ti N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 6 and approximately 1/4 mile east of 1-25.
• Michelle Martin, Planning Services, commented that the property is currently in violation (ZCV09-00114)for
the operation of a commercial business and commercial storage without an approved and recorded Use by
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