HomeMy WebLinkAbout20203396.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION u
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland , 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 : USR20-0027
APPLICANT : JAMES JOHNSON
PLANNER : ANGELA SNYDER
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN ACCESSORY BUILDING WITH GROSS FLOOR AREA LARGER
THAN FOUR (4 ) PERCENT OF THE TOTAL LOT AREA IN THE A
(AGRICULTURAL ) ZONE DISTRICT.
LEGAL DESCRIPTION : LOTS 7 , 8 . AND 9 , BLOCK 20 OF THE CARR TOWNSITE : BEING PART OF
SECTION 27 , T11 N , R67W OF THE 6TH P . M . WELD COUNTY. COLORADO .
LOCATION : NORTH OF AND ADJACENT TO MCGUIRE AVENUE ; APPROXIMATELY 189
FEET WEST OF 5TH STREET.
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. F. 2 A . Policy 6. 2. "Support opportunities, such as but not limited to hobby
farming and home businesses, to supplement family income and reduce living expenses for
farm families and others who prefer a rural lifestyle. "
An accessory building can provide opportunity for hobbies that come with a rural lifestyle .
Section 22-2-20. D. A. Goal 4. "Promote a quality environment which is free of derelict
vehicles, refuse, litter and other unsightly materials. "
The accessory building can be used to store the applicant' s personal items , which will keep
them from being visible to the public .
B . Section 23-2-220 . A . 2 -- The proposed use is consistent with the intent of the A (Agricultural )
Zone District .
According to Section 23-3-60 .A, the A (Agricultural ) Zone District allows accessory buildings
with gross floor area larger than four (4% ) percent of the total lot area upon approval of a
Special Review Permit . The proposed outbuildings will comprise approximately five ( 5 % )
percent of the total lot area .
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 in the Carr Historic Townsite . Several homes in the neighborhood
have large outbuildings . One neighbor has USR18-0068 for the same request , accessory
buildings over 4 % of the total lot area . The other USR in Carr Townsite is for a church ( USR-
1599) .
The Weld County Department of Planning Services sent notice to thirty-one (31 ) Surrounding
Property Owners and received no responses .
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
RESOLUTION USR20-0027
JAMES JOHNSON
PAGE 2
and the region.
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 not located within the three (3) mile referral area of any municipality.
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,a Special Flood Hazard Area
or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on
the proposed lot will be required to adhere to the fee structure of the 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 proposed building is not located on irrigated land nor is it being used for agriculture.
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:
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 USR20-0027 (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. County Road 19 1/2 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. (Department of Public Works)
5. McGuire Avenue is an unmaintained road. The applicant shall delineate the existing
right-of-way on the site plan. Show and label the Right-of-Way as " McGuire Avenue
RESOLUTION USR20-0027
JAMES JOHNSON
PAGE 3
Right-Of-Way, not County Maintained."All setbacks shall be measured from the edge of
right-of-way. (Department of Public Works)
6. Show and label the approved access location, approved access width and the
appropriate turning radii on the site plan.The applicant must obtain an access permit in
the approved location prior to construction. (Department of Public Works)
7. Show and label the drainage flow arrows. (Department of Public Works)
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)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30,2012,should the map
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 be added for each
additional three (3) month period. (Department of Planning Services)
4. The Use by Special Review 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 map 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 Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
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.
RESOLUTION USR20-0027
JAMES JOHNSON
PAGE 4
CERTIFICATION OF COPY
I, Michelle Wall, 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 November 3, 2020.
Dated the 3rd of November, 2020
Michelle Wall
Secretary
RESOLUTION USR20-0027
JAMES JOHNSON
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
James Johnson
USR20-0027
1. A Site Specific Development Plan and Use by Special Review Permit for accessory buildings with gross
floor area larger than four percent(4%)of the total lot area in the A(Agricultural)Zone District is 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 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. (Department of Public Works)
4. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Department of Public Works)
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. (Department of Public Works)
6. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
9. 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
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)
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.
RESOLUTION USR20-0027
JAMES JOHNSON
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.
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 person 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. 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 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
RESOLUTION USR20-0027
JAMES JOHNSON
PAGE 7
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
OL WywAts 1
(F)
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING O:)?•-2O ` 002`1
II 1 3 2020
Tuesday , November 3 , 2020
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: Gene Stille , Tom Cope , Lonnie Ford , Elijah Hatch , Skip Holland , Dwaine Barclay , Sam Gluck ,
Butch White , Troy Mellon .
Also Present : Diana Aungst , Angela Snyder , Maxwell Nader, and Tom Parko , Department of Planning
Services ; Lauren Light , Department of Health ; Mike McRoberts and Melissa King , Department of Public
Works ; Bob Choate , County Attorney , and Michelle Wall , Secretary .
CASE NUMBER : USR20-0027
APPLICANT : JAMES JOHNSON
PLANNER : ANGELA SNYDER
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN ACCESSORY BUILDING WITH GROSS FLOOR AREA
LARGER THAN FOUR (4 ) PERCENT OF THE TOTAL LOT AREA IN THE A
(AGRICULTURAL ) ZONE DISTRICT.
LEGAL DESCRIPTION : LOTS 7 , 8 , AND 9 , BLOCK 20 OF THE CARR TOWNSITE : BEING PART OF
SECTION 27 , T11 N , R67W OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION . NORTH OF AND ADJACENT TO MCGUIRE AVENUE ; APPROXIMATELY 189
FEET WEST OF 5TH STREET.
Angela Snyder , Planning Services , presented Case USR20-0027 , reading the recommendation and
comments into the record . The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards .
Commissioner Holland asked what the size lot the property is . Staff responded that the property is . 77
acres and the building would take 5 % of the total lot area . Commissioner Holland asked if the property is
in a subdivision . Ms . Snyder said it is in a historic townsite , so it is viewed as a subdivision created prior to
1961 and prior to subdivision regulations .
Commissioner Mellon asked what the size of the requested structure is . Ms . Snyder replied it is 1 , 200
square feet.
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Commissioner Mellon asked staff if they are requesting an access permit to access the Weld County Road .
Staff responded that they are requesting an access permit for access to Weld County Road 19 1 /2 . Mr .
Mellon asked if the access was on McGuire Avenue . Ms . King responded that McGuire Avenue is the right-
of-way , but it is not maintained by Weld County . She explained that access permits are required to access
maintained Weld County road access points .
Commissioner Mellon asked if the USR property to the south of the applicant had to request an access
permit for access to Weld County Road 19 1 /2 . Ms . King said she does not see that in her records but
would need to research the reason why . She said she does see other properties in that area have obtained
access permits for Weld County Road 19 1 /2 . Commissioner Mellon expressed concern that the applicant
is being held to a different standard than the property owner to the south .
The Chair asked Ms . King to explain the access permit process and asked if there is a fee . Ms . King
explained there is an application that has to be completed by the applicant . The applicant will need to
provide Public Works with photos taken from all directions from their access point to prove site visibility and
safety . Ms . King said a fee is normally required for a new access point but if there is an exiting access
point, the fee can be waived .
Commissioner Cope referred to the aerial map. He said it seems odd that since the historic townsite is
considered a subdivision that access to the streets and roads that are already established are required.
Ms. King explained that often times roads in this prospective will seem established, but they are privately
maintained. Access points are onto maintained Weld County road sections.
Ms. King said she pulled up the Public Work's referral to the USR that was done in 2018 for the southern
parcel that Mr. Mellon asked about. She said the referral did require an access. Ms. King said that perhaps
the property owner has not applied for the access yet or that there was not a building associated with the
USR. She said that new building permits require an access permit prior to building.
Commissioner Mellon reiterated that it still seems that the applicant is being held to a different standard
than the USR to the south was held to. Mr. Mellon said if neighbor's 2018 USR map was recorded without
an access permit, then it seems that the precedence has been set in this area that an access permit is not
required. Ms. King explained that access permits are issued at the time of building permits and would not
be required to be on the recorded USR map.
Commissioner White shared that whenever he does any building, he is required to apply for an access
permit. If there is already an existing access in place, he doesn't have to do anything. He explained that
he doesn't feel the applicant is being asked to do anything out of the ordinary.
Commissioner Holland stated that if he was the property owner, he would want to make sure he had an
access point for his use. He said he feels it is very important for the new people to have access to the
County Road.
Commissioner Mellon explained his position is if the County issued a building permit to the neighbor to the
south without requiring an access permit, then this applicant should be treated the same unless there has
been a change to the subdivision development standards since 2018.
Commissioner Barclay asked staff if the neighbor's access permit was missed in error or if it was not
required for that particular USR. Ms. King said she is researching the case and trying to figure out if perhaps
it was an existing building that was brought into code with the USR. Commissioner Barclay confirmed with
Ms. King that new construction is the trigger of the access permit requirement.
Commissioner Cope suggested that when the applicant comes up to the podium, the Planning Commission
could discuss the access permit with them. He mentioned that the County can request the access permit
fee be waived, if there is concern about fairness.
The Chair agreed that the meeting move forward at this time.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Ms. King addressed the Planning Commission with her findings on the 2018 USR in question. She said
the neighbor had three existing storage sheds that caused them to exceed the 4% rule. Public Work's
referral did require them to get an access permit, but because the property owner never came to get a
building permit, they were not enforced to do it.
Commissioner Mellon stated he finds it frustrating that if the County requires something for a permit, it is
not followed up on.
James Johnson, 9349 McGuire Avenue, Carr, Colorado. Mr.Johnson said he is proposing to build a garage
for residential use. He wants to park his vehicles in the garage and have a shop area. Mr. Johnson
expressed he wasn't sure what the benefit of having an access permit was. He explained he owns the
property himself and has to request time off from work to go to the County offices to submit the required
paperwork.
Commissioner Gluck said that since the applicant lives in a rural area and lives at the end of the road, he
doesn't understand why an access permit is required to a county road.
Commissioner Cope asked Ms. King why each of the eight properties along McGuire Avenue, are required
to have their own access to the County Road. Ms. King explained that County Code requires each parcel
in Weld County has to have an access permit onto a maintained road. Access permits are triggered and
required before any building permits. Ms. King said that with regard to new subdivisions or similar
properties,they are given one access onto the maintained road for the entire subdivision. She said because
this parcel is in a historical townsite, each parcel needs an access onto Weld County Road 191A. Ms. King
explained that if any of the property owners come in for a land use permit or building permit, it will trigger
them to be required apply for an access permit. She said that access permits can be submitted online.
Public Works would then get in contact with the applicant and would discuss whether any fee is required.
Mr. Choate, Weld County Attorney, explained Section 8-14-30, Regulation of Access onto County
Roadways of the Weld County Code. He said that the access permit is required for documentation
purposes for historic accesses. The Access Permit code started in 2010. Mr. Choate said there is no
charge for documenting historic access points. He said the applicant will only need to provide the photos
of the access point and submit the application and photos online. Mr. Choate explained that access permits
are in the code, it is not the discretion of the Planning Commission to remove this requirement.
Commissioner Cope said the applicant will need to take photos of his access from McGuire Avenue onto
Weld County Road 19 1/2, the photos are not actually from his property. Ms. King said that is correct.
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 USR20-0027 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 Skip Holland, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
Commissioner Holland said he felt staff did a great job of supporting code and he felt the applicant meets
the criteria in Sections 22 and 23 of the Weld County Code.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 2:06 pm.
Respectfully submitted,
Michelle Wall
Secretary
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