HomeMy WebLinkAbout20230227.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Palizzi, 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: USR22-0032
APPLICANT: JEREMY BROWN
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP TO
12%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 13, BLOCK 1 INDIANHEAD SUBDIVISION; BEING PART OF SECTION 18,
T5N, R67W OF THE 6TH P.M.. WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO LAKOTA COURT; SOUTH OF AND ADJACENT
TO U.S. HIGHWAY 34 RIGHT-OF-WAY; APPROXIMATELY 1,350 FEET WEST OF
CR 15.
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 22-2-30. C. 2 states: "Establish residential development options based on compatibility,
proximity to municipalities, and availability of services that reflect the desired density and character of
that location."
The buildings will not have a negative impact on the character of the surrounding area. The property is
located in an existing subdivision, Indianhead Subdivision, and it is comprised of seventeen (17)
residential lots within Block 1 that are platted between 0.927 acres and 1.29 acres in area with the
average lot size being 1.028 acres in area. All structures will meet offsets and setbacks from adjacent
property lines and roads rights -of -way and will not adversely impact the surrounding area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
The proposed building coverage exceedance is permittable under Section 23-3-60.B of the Weld
County Code by a Use by Special Review.
Harmonize development with surrounding land uses, and establish residential development options
based on compatibility, proximity to municipalities, and availability of services that reflect the
desired density and character of that location.
The request meets the intent because the request is located on an existing 1997 platted subdivision
lot and will not impact existing agricultural uses.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposal is located within an existing A (Agricultural) zoned subdivision and is adjacent to
other residential lots with similar uses. The proposal will not change the character of the
neighborhood and is in an area that can support this development. Many lots in this subdivision
have similar oversized buildings. The applicant submitted letter dated September 16, 2022 from
Gene Martinez, HOA President, Indianhead Subdivision, indicating that the Indianhead Estates Board
and Architectural Committee had reviewed the request and is satisfied with the design and granted
Final Approval for the planned construction.
RESOLUTION USR22-0032
JEREMY BROWN
PAGE 2
The Department of Planning Services sent notice to twenty-one (21) surrounding property owners
No responses were received The Development Standards and Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region The uses proposed under this USR are consistent with
and compatible with other uses in the subdivision (single-family residences with garages and
outbuildings) The USR is in an existing developed subdivision (Indianhead Subdivision) that has
existing residences and outbuildings
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 in an existing residential subdivision (Indianhead Subdivision) and the proposed
budding ' additions are consistent with the uses of other properties in the area
The site is located within the three (3) mile referral for the Towns of Johnstown, Windsor and the City
of Greeley The site is also within the Coordinated Planning Agreement area for the Town of
Windsor, who returned the Notice of Inquiry form stating "Thank you for the opportunity to review No
comments from Windsor" as expressed in the September 15, 2022 response The Town of Windsor,
in a referral dated November 9, 2022 stated "The Town of Windsor has reviewed the application
materials provided for 6698 Lakota Court, Loveland CO The subject property is outside the Town's
Growth Management and CommunityInfluence areas therefore we have no comment " The City of
Greeley in a referral dated November 22, 2022 stated "Thank you for providing the City of Greeley
the opportunity to review the above -mentioned project The subject site is located outside of
Greeley's Long Range Expected Growth Area (LREGA), the area in which the community anticipates
annexation and urban development to occur in the future We do not have any comments to
contribute currently " The Town of Johnstown did not return a referral response
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is located within the MS4 - Municipal Separate Storm Sewer Systems overlay area
Weld County currently holds a federally mandated Municipal Separate Storm Sewer System (MS4)
Permit issued by the Colorado Department of Public Health and Environment (CDPHE) for all
unincorporated urban areas within the County As required by the permit, a Stdrmwater Management
Program was developed with a goal of reducing the amount stormwater pollution entering local
creeks, streams and rivers from these urbanized areas Urbanized areas are determined by US
Census data, which is updated every 10 years
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, or a Special Flood Hazard Area Building Permits issued on the property will
be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, County
Facility Fee and Drainage Impact Fee Programs
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 property is an existing subdivision lot, is 0 942 acres in size, is covered by existing improvements
and is not in agricultural production
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the 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
RESOLUTION USR22-0032
JEREMY BROWN
PAGE 3
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the approval of this
request
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 Prior to recording the map ,
A The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR22-0032 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code
(Department of Planning Services)
4 ' The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of the
Weld County Code addresses the issue of trash collection areas (Department of Planning
Services) - ,-
5 Lakota Court is -a paved road and is designated on the Weld Countyfunctional Classification
Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-way at full
buildout The applicant shall delineate and label on the map the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
roads If the existing rights -of -way cannot be verified they shall be dedicated Pursuant to the
definition of setback in the Weld County Code Sec 23-1-90, the required setback is measured from
the future right-of-way line This road is maintained by Weld County (Development Review)
6 Show and label the existing access location on Lakota Court (Development Review)
7 Show and label drainage flow arrows (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
j approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) 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)
3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording
continuance fee shall be added for each additional 3 -month period (Department of Planning Services)
1
RESOLUTION USR22-0032
JEREMY BROWN
PAGE 4
4 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and
the map is recorded 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 (Department of
Planning Services)
Motion seconded by Sam Gluck
VOTE
For Passage
Elijah Hatch
Skip Holland
Sam Gluck
Pamela Edens
Michael Palizzi
Shana Morgan
Against Passage Absent
Butch White
Michael Wailes
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 Commissioners for further proceedings
J
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 3, 2023
Dated the 3rd of January, 2023
451 ietv. Arw(em_
Knstme Ranslem
Secretary
RESOLUTION USR22-0032
JEREMY BROWN
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jeremy A Brown
USR22-0032
1 Site Specific Development Plan and Use by Special Review Permit to exceed the maximum allowed
building coverage (up to 12%) in a subdivision in the A (Agricultural) Zone District, 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 The building coverage shall not exceed twelve percent (12%) of the platted lot (Department of Planning
Services)
4 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
5 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code (Development Review)
6 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
7 This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit
(Development Review)
8 The historical flow patterns and runoff amounts 9n the site will be maintained (Development Review)
9 All structures must meet the required setbacks from the existing On -site Wastewater Treatment System
in compliance with provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems (Department of Public Health and Environment)
10 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
11 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 (Department of Planning Services)
12 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 (Department of Planning Services)
13 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner
(Department of Planning Services)
RESOLUTION USR22-0032
JEREMY BROWN
PAGE 6
14 A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated When either the Department of Planning Services is notified by the landowner, or when
the Department of Planning Services observes that the use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit (Department of Planning Services)
15 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
16 WELD COUNTY'S RIGHT TO FARM STATEMENT 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 People moving into a rural1area 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 that an agricultural operation shall not be found to be a public
or private nuisance if the agncultural 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
RESOLUTION USR22-0032
JEREMY BROWN
PAGE 7
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
ti
1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 3. 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair.
Elijah Hatch, at 1:30 pm.
Roll Call
Present: Elijah Hatch, Skip Holland, Sam Gluck, Pamela Edens, Michael Palizzi, Shana Morgan.
Absent: Butch White and Michael Wailes.
Also Present: Kim Ogle, Diana Aungst, and Max Nader, Department of Planning Services; Lauren Light,
Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION
USR22-0032
JEREMY BROWN
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP
TO 12%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT
LOT 13, BLOCK 1 INDIANHEAD SUBDIVISION: BEING PART OF SECTION 18,
T5N, R67W OF THE 6TH P.M. WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO LAKOTA COURT: SOUTH OF AND ADJACENT
TO U S. HIGHWAY 34 RIGHT-OF-WAY; APPROXIMATELY 1.350 FEET WEST
OF CR 15.
Commissioner Morgan stated that she knows the applicant but does not believe there is a conflict of interest.
Kim Ogle. Planning Services presented Case USR22-0032. reading the recommendation and comments
into the record. Mr. Ogle noted that three (3) surrounding property owners contacted Staff with inquires;
however, no written correspondence was received regarding this application. The Department of Planning
Services recommends approval of this application along with conditions of approval and development
standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Jeremy Brown, 6697 Lakota Court, Loveland, Colorado. stated that they will be adding on a garage and a
kitchen and living room. The reason they want to add a garage is due to a theft from things they stored
outside. He added that they would have been fine, but then the rules changed in November so they are
going through the process to add on to their house.
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 have 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.
Motion: Forward Case USR22-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Michael Palizzi, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Elijah Hatch. Michael Palizzi. Pamela Edens, Sam Gluck, Shana Morgan, Skip Holland.
Meeting adjourned at 3:00 p.m.
Respectfully submitted,
�Lz�b6 1nt, $JAtMt
Kristine Ranslem
Secretary
1
ATTENDANCE RECORD
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