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Home My WebLink About20192990.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson, 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: USR19-0018 APPLICANT: LAURA GRANADOS PLANNER: MAXWELL NADER REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE- FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPTION RECX16-0140; E2SE4 SECTION 21, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 18; APPROXIMATELY 200 FEET WEST OF CR 31. 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.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker, guest and accessory quarters." The proposed second single family dwelling has been used for family that visits and the applicant would like the option of using it for visiting family in the future. Section 22-2-20.H. - A. Goal 8. States, "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." There is currently water and septic service being provided to the property. Well Permit # 86280 is being re -permitted to allow for ordinary household purposes inside two single family dwellings as stated in the Colorado Division of Water Resources referral letter dated March 13, 2019. There is an existing septic system, permit # F19810038, for the existing primary home (14753 CR 18) and is sized for three (3) bedrooms. There is a second septic system, permit # G19940165, for the private kennel that is no longer in use. A review for bedroom addition was completed by Environmental Health Services and the system was determined to be adequate for two (2) bedrooms. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. --Intent, of the Weld County Code states, "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." This code section allows the applicant to apply for a USR (Use by Special Review) Permit. Section 23-3-40.M. of the Weld County Code allows for one (1) single-family dwelling unit per lot other than those permitted under section 23-3-20.A. (second single-family dwelling unit) in the Agricultural (A) Zone District. This code section allows the applicant to apply for the subject second home. RESOLUTION USR19-0018 LAURA GRANADOS 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 uses surrounding the property are primarily rural residential with the exception of the Aristocrat Ranchettes Subdivision that is located southeast of the subject property which contains one (1) acre residential lots Additionally, the 2018 City of Fort Lupton Future Land Use map identifies the parcel as Agricultural and Rural Residential and the land to the south is identified as Residential There are numerous Use By Special Review permits within one (1) mile of the subject property Including one (1) 70,000 head obsolete turkey farm, one (1) single family residence, one (1) auction site, one (1) 300' telecommunication tower, two (2) oil and gas support services facilities, three (3) home businesses and thirteen (13) kennels The Weld County Department of Planning Services sent notice to eleven_ (11) surrounding property owners within five -hundred (500) feet No concerns were received back from surrounding property owners regarding the proposed application 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 City of Fort Lupton The City of Fort Lupton in their referral comments, dated March 5, 2019 indicated that they wish to discuss annexation and that the City of Fort Lupton requests an additional twenty-five (25) foot of Future Right of Way for County Road 18, it is designated as a Future Arterial in Fort Lupton's City Transportation Plan The site is located within the City of Fort Lupton's Intergovernmental Agreement Area (IGA) As part of the pre -application process, Fort Lupton submitted a signed Notice of Inquiry form that stated the applicant should consider annexation The applicant does not wish to annex at this time 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 Distnct, a Special Flood Hazard Area, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, 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 soil designation for the site is "Prime (if they become irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map Due to the classification given, the proposed USR will not take "Prime (Irrigated)" Farmland out of 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 RESOLUTION USR19-0018 LAURA GRANADOS PAGE 3 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 individual well_ permitted as 86280 shall be re -permitted to allow for 2 single-family dwellings by Colorado State Division of Water Resources (Department of Public Health and Environment) B The map shall be amended to delineate the following 1 All sheets of the map shall be labeled USR19-0018 (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 Show and label all recorded rights -of -way and easements on the lot (Department of Planning Services) 5 Show and label the locations and setbacks of the existing primary and secondary residences (Department of Planning Services) 6 The applicant shall delineate and label on the site map the twenty-five_(25) foot of Future Right of Way as stated in the City of Fort Lupton, referral dated March 5, 2019 (Department of Planning Services) 7 County Road 18 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 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) 8 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) paper copy or _ 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 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 period (Department of Planning Services) 4 Prior to Construction RESOLUTION USR19-0018 LAURA GRANADOS PAGE 4 A If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction (Department of Public Works) 5 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 Elijah Hatch VOTE For Passage Bruce Johnson Bruce Sparrow Michael Wailes Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent Tom Cope Gene Stile The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings 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 June 4, 2019 Dated the 4th of June, 2019 sMn.euueee, o° Wicte- Michelle Wall Secretary RESOLUTION USR19-0018 LAURA GRANADOS PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT - DEVELOPMENT STANDARDS _ Laura Granados USR19-0018 1 A Site Specific Development Plan and Use by Special Review Permit, USR19-0018, for a site specific development plan and use by special review permit for one (1) single-family dwelling unit per lot other than those permitted under section 23-3-20 a (second single-family dwelling unit) 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 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 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public Works) 7 A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Department of Public Health and Environment) _ 8 Any On -site Waste Water Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems (Department of Public Health and Environment) - 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 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 RESOLUTION USR19-0018 LAURA GRANADOS PAGE 6 12 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 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 - - 4C\ EXHIBIT b 3 .O s SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING `��• -O0k Tuesday, June 4, 2019 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, Michael Wailes, at 12:30 pm. Roll Call. Present: Michael Wailes, Bruce Sparrow; Bruce Johnson, Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland. Absent: Gene Stille, Tom Cope. Also Present: Kim Ogle, Chris Gathman, Angela Snyder, and Maxwell Nader, Department of Planning Services; Lauren Light, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Bob Choate, County Attorney, and Michelle Wall, Secretary. CASE NUMBER: USR19-0018 APPLICANT: LAURA GRANADOS PLANNER: MAXWELL NADER REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE- FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPTION RECX16-0140. E2SE4 SECTION 21, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 18: APPROXIMATELY 200 FEET WEST OF CR 31. Maxwell Nader, Planning Services, presented Case USR19-0018, 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. Evan Pinkham, 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. The Chair asked Staff if the well has to be repermitted with the County or with the State. Ms. Light answered that the well permit is through the State. Diana and Laura Granados, 14753 County Road 18, Fort Lupton, Colorado. Diana Granados stated that they did get the well repermitted to allow for 2 single-family dwellings. She explained the second home will be used for family guests who visit or any caretakers who help them maintain their land. 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 USR19-0018 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 Bruce Johnson. Seconded by Elijah Hatch. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Bruce Sparrow; Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck. Skip Holland. Meeting adjourned at 2:53 pm. 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