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Home My WebLink About20222729.tiffEXHIBIT BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION Moved by Pamela Edens, 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: APPLICANT: PLANNER. REQUEST: LEGAL DESCRIPTION: LOCATION: 2 U S R22-0017 JEFFREY FUTTER CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR BUILDINGS EXCEEDING THE MAXIMUM BUILDING COVERAGE IN SUBDIVISIONS (UP TO 17.5%) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT 7 BLOCK 5 CARMACAR RANCHETTES; BEING PART OF THE SE4 OF SECTION 5, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO SPRUCE DRIVE; APPROXIMATELY 750 FEET WEST OF CR 5. 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. 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 proposed building will not have a negative impact on the character of the surrounding area. The property is located in an existing subdivision (Carmacar Ranchettes) and is comprised of residential lots approximately one (1) acre in size and larger. The proposed building will meet offsets and setbacks from adjacent property lines and road 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 use is permittable under Section 23-3-60. B of the Weld County Code as a Use by Special Review Permit. Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses. The proposal meets the intent because it will not change the use of the property 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 agriculturally -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. The proposed Development Standards, and Conditions of Approval will assist in mitigating the impacts of the facility on adjacent properties and ensure compatibility with surrounding land uses and region. The uses proposed under this USR is consistent with and compatible with other uses in the subdivision (single-family residences with RESOLUTION USR22-0017 JEFFREY FUTTER PAGE 2 garages and outbuildings) The USR is in an existing developed subdivision (Carmacar Ranchettes) that has existing residences and outbuildings There are two existing USRs to exceed lot coverage within Carmacar Estates (USR-887 and USR20-0037) The property is screened by existing mature trees and vegetation 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 (Carmacar Estates) and the proposed building additions are consistent with the uses of other properties in the area The site is not located within an existing Intergovernmental Agreement Area (IGA) of a municipality The site is located within the three (3) mile referral area of the City of Dacono, Town of Erie ad the Town of Frederick No referral response has been received from Dacono, Erie and Frederick 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 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 A6 -- 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 only 1 7 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 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 Prior to recording the map A The applicant shall address the acknowledge the requirements of the Mountain View Fire District, as stated in the referral response dated July 8, 2022 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) B The map shall be amended to delineate the following 1 All sheets of the map shall be labeled USR22-0017 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) RESOLUTION USR22-0017 JEFFREY FUTTER PAGE 3 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 Spruce Drive is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 5 Pikes Peak Street is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 6 Show and label the access location onto Spruce Drive, approved access width, and the ,appropriate turning radii on the site plan Specify the access type Show and label the existing access onto Pike Peak Street as "close and reclaim " (Development Review) 7 Show and label the drainage flow arrows (Development Review) 8 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (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 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) F 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) 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) RESOLUTION USR22-0017 JEFFREY FUTTER PAGE 4 Motion seconded by Sam Gluck VOTE For Passage Against Passage Absent Elijah Hatch Skip Holland Sam Gluck Butch White Pamela Edens Michael Wailes Michael Palizzi Shana Morgan 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 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 September 6, 2022 Dated the 6th of September, 2022 Kristine Ranslem Secretary RESOLUTION USR22-0017 JEFFREY FUTTER PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jeffrey Futter USR22-0017 A Site -Specific Development Plan and Use by Special Review Permit, USR22-0017, for Buildings exceeding the Maximum Building Coverage (up to 17 5%) 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 Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) 4 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) 5 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) 6 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Development Review) 7 Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat (Development Review) 8 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 9 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) 10 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) 11 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with, or construed as, traffic control devices (Department of Planning Services) 12 Building permits shall be required for any new construction or setup manufactured structure, per Section 29-3-10 of the Weld County Code A building permit application must be completed and submitted Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently, the following have been adopted by Weld County 2018 International Building Codes, 2018 International Residential Code, 2020 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code A plan review shall be approved, and a permit must be issued prior to the start of construction (Department of Building Inspection) 13 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code RESOLUTION USR22-0017 JEFFREY FUTTER PAGE 6 14 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 15 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 16 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 17 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 18 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 19 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 20 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 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, RESOLUTION USR22-0017 JEFFREY FUTTER PAGE 7 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 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 EXHIBIT SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 6, 2022 N 3 .O 2 v`srlaa - OO t� 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 12:30 pm. Roll Call. Present: Elijah Hatch, Sam Gluck, Butch White, Shana Morgan, and Michael Palizzi. Absent: Skip Holland. Pamela Edens, and Michael Wailes. Also Present: Chris Gathman, Diana Aungst. and Maxwell Nader, Department of Planning Services; Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Pamela Edens entered the hearing at 12:33 p.m. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR22-0017 JEFFREY FUTTER CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR BUILDINGS EXCEEDING THE MAXIMUM BUILDING COVERAGE IN SUBDIVISIONS (UP TO 17.5%) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT 7 BLOCK 5 CARMACAR RANCHETTES: BEING PART OF THE SE4 OF SECTION 5, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO SPRUCE DRIVE: APPROXIMATELY 750 FEET WEST OF CR 5. Chris Gathman, Planning Services, presented Case USR22-0017, reading the recommendation and comments into the record. Mr. Gathman noted that Staff did not receive any letters or phone calls regarding this case. 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, on -site dust control, and the Waste Handling Plan. Peter Heinz, 1720 14th St, Boulder, Colorado, stated that he is representing the new purchaser of the property from Mr. Futter. The new owner would like to put an addition onto the house and also put an addition to the outbuilding for his vehicle collection. Mr. Heinz stated that the new owner understands that he will need to do a new septic system and close some curb cuts to be in compliance with the regulations. 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 USR22-0017 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 Pamela Edens, Seconded by Sam Gluck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Elijah Hatch, Michael Palizzi, Pamela Edens, Sam Gluck and Shana Morgan. Meeting adjourned at 1:27 pm. Respectfully submitted. uIt i.arv:1 Kristine Ranslem Secretary 1 ATTENDANCE RECORD I NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip • 1/1/e/e-,d9 C C ��/o-' 4 - / `7 4:2- /r3 ;- �-. n''/ ,� c- Lit 2) k 1qm W ��. i. s ate-- -�� r 6.2 / 5--)_ 2-- c 1/ rl c e ---e -e 44 %r i f -�-.SL l /4/0-5 c / --7 - Afri v � ju5i,Ni r(zicc i --nc NTH cire,tr, FOC taC C, FL3LZ k -1 /1 e,rktt(CLI 001/1. / Imo, I1., --s1 '7 'f�/ ' {'4t. 1 ,i V 1/�_ �`-'Z�.6� /CJ� r' 1 0 -hat, z t ecri.-c...1 1 norye PL. -5 4/ & V . t)Z- Let,r- 3 Ca Cr/42 toSve--- , 47 /9--A, a // /( !/ r � ( / l 5ThPr- I O BLS - so • . 1 I r V1-7 el".C C sue, Hello