HomeMy WebLinkAbout20210664.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM
Moved by Tom Cope, 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:
U S R20-0037
DEAN PRINE AND KELLI BECKVERMIT-PRINE
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER
THAN FOUR (4) PERCENT OF THE TOTAL LOT AREA OF A LOT IN A
SUBDIVISION (CARMACAR RANCHETTES) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LOT 12 BLOCK 3 CARMACAR RANCHETTES. BEING PART OF SECTION 5,
T1 N. R68W OF THE 6TH P.M.. WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO FIR AVENUE AND APPROXIMATELY 1.600
FEET NORTH OF CR 12.
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 23-2-30.C.2. of the Weld County Code 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 addition will not have a negative impact on the character of the
surrounding area. This property is located in Carmacar Ranchettes which is comprised of
residential lots ranging from one (1) to over 1.5 acres in size. The proposed building addition is
for personal use and will not generate additional traffic to the property. The proposed building
addition 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.A as a Use by Special Review
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 this is located within an existing agricultural zoned
subdivision and is adjacent to other residential lots with similar uses. The lot is not being utilized
for agricultural purposes and the proposed building addition will not impact existing agricultural
uses.
RESOLUTION USR20-0037
DEAN PRINE AND KELLI BECKVERMIT-PRINE
PAGE 2
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The proposed use is in an area that can support this development The outbuilding is existing
and the proposed building addition will not impact adjacent uses No phone calls or
correspondence have been received from surrounding property owners regarding this request
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 site is located within the three (3) mile referral area of the Town of Erie and the Town of
Frederick The Towns of Erie and Frederick in their referral comments, dated December 22,
2020 and December 15, 2020 indicated that they have no concerns
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 Hentage Overlay
Distrct, MS 4 Area, 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
agncultural land in the locational decision for the proposed use
This is a proposed budding addition in an existing residential subdivision, not an agricultural area
The property is already covered by a residence and outbuilding No agricultural land is affected
by this proposal
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 matenals 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 Pnor to recording the map
A The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR20-0037 (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)
RESOLUTION USR20-0037
DEAN PRINE AND KELLI BECKVERMIT-PRINE
PAGE 3
4 Fir Avenue 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 nght-of-way) and the
physical location of the road All setbacks shall be measured from the edge of nght-of-
way This road is maintained by Weld County (Department of Public Works)
5 Show and label the approved access locations, approved access width and the
appropnate turning radii on the site plan The applicant must obtain an access permit in
the approved locations prior to construction (Department of Public Works)
6 Show and label the drainage flow arrows (Department of Public Works)
7 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Department of Public Works)
8 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)
2 In accordance with Weld County Code Ordinance #2012-3, approved Apnl 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50 00 recording continuance charge shall added for each
additional three (3) month penod (Department of Planning Services)
3 Prior to Construction
A The approved access locations shall be permitted pnor to on -site construction (Department of
Public Works)
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 electncal 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 USR20-0037
DEAN PRINE AND KELLI BECKVERMIT-PRINE
PAGE 4
Motion seconded by Lonnie Ford
VOTE
For Passage
Tom Cope
Gene Stine
Lonnie Ford
Elijah Hatch
Skip Holland
Against Passage Absent
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
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 February 16, 2021
Dated the 16th of February, 2021
r ;andiAdYI,
Kristine Ranslem
Secretary
RESOLUTION USR20-0037
DEAN PRINE AND KELLI BECKVERMIT-PRINE
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Beckvermlt-Prine
USR20-0037
1 A Site -Specific Development Plan and Use by Special Review Permit, USR20-0037, for a Accessory
Buildings with Gross Floor Area larger than four (4) percent of the total lot area of a lot in a subdivision
(Lot 12 Block 3 Carmacar Ranchettes) 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 nght pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 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
4 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
5 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
6 The historical flow patterns and runoff amounts on the site will be maintained
7 Building permits shall be required for any new construction or set up 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, 2006 International Energy Code, 2017 National
Electncal 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)
8 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
9 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
10 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
11 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
12 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 cntical shortage of such deposits, and (c) such deposits should be extracted according to a rational
RESOLUTION USR20-0037
DEAN PRINE AND KELLI BECKVERMIT-PRINE
PAGE 6
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 person moving into these areas
must recognize the venous 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
13 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agncultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agncultural 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
Agncultural users of the land should not be expected to change their long-established agncultural
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 agncultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agncultural matenals 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 nght 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 pnonties mean that
roads from subdivisions to artenals 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, terntonal 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
Mtvali)
Jittaiaca-\
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 16. 2021
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, Gene Stille. Lonnie Ford, Skip Holland, Tom Cope.
Absent/Excused Butch White. Dwaine Barclay. Sam Gluck. Troy Mellon.
Also Present: Chris Gathman. Angela Snyder. and Maxwell Nader. Department of Planning Services:
Lauren Light, Department of Health: Mike McRoberts. Melissa King, and Zack Roberson. Department of
Public Works; Bob Choate and Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
U S R20-0037
DEAN PRINE AND KELLI BECKVERMIT-PRINE
CHRIS GATHIV'AN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER
THAN FOUR (4) PERCENT OF THE TOTAL LOT AREA OF A LOT IN A
SUBDIVISION (CARMACAR RANCHETTES) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LOT 12 BLOCK 3 CARMACAR RANCHETTES. BEING PART OF SECTION 5..
T1 N. R68W OF THE 6TH P M . WELD COUNTY, COLORADO
EAST OF AND ADJACENT TO FIR AVENUE AND APPROXIMATELY 1.600
FEET NORTH OF CR 12.
Chris Gathman, Planning Services. presented Case USR20-0037, reading the recommendation and
comments into the record. Mr. Gathman noted that a letter was received from an adjacent property owner
with some issues on accessing the online permit site regarding this application. He added that he did send
them the application to review and the neighbors felt that the existing building is more than adequate for
their needs and are opposed to any further building additions on the site. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Melissa King, Public Works, reported on the existing traffic. access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Kelli Beckvermit-Prine, 5346 Fir Avenue, stated that they added a pole barn in 2015 for their farm and lawn
equipment. The proposed addition would be to store her son's truck who passed a couple years ago. The
second story would be used for personal storage and a home office.
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 USR20-0037 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 Tom Cope, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Gene Stille. Lonnie Ford, Skip Holland. Tom Cope.
1
Meeting adjourned at 2 42 pm
Respectfully submitted,
1ub
Knstine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME
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