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Home My WebLink About20190941.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Elijah Hatch, 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: USR18-0121 KEVIN & KATHRYN BEILAND MAXWELL NADER 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. LOT B AMRE-3310, PART SW4 SECTION 18. T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO PINE CONE AVE; APPROXIMATELY 1,000 FT EAST OF COLORADO BLVD. 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 is for an unrestricted tenant. This could be for family, caretakers or rental purposes. 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 # 311637 allows for ordinary household purposes inside two single family dwellings as stated in the Colorado Division of Water Resources referral letter dated December 3, 2018. There is an existing septic system. permit # G19732722, for the existing uninhabitable primary home (6251 CR 20) and is sized for three (3) bedrooms. A new septic system will be applied for and installed for the second residence and shop. 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. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing RESOLUTION USR18-0121 KEVIN & KATHRYN BEILAND PAGE 2 surrounding land uses. The uses surrounding this parcel are primarily residential. The subject property is within a Weld County quarter section enclave, that is surrounded by Frederick and Firestone municipal limits. The properties to the east are located within the municipal limits of the Town of Firestone with the exception of multiple recorded exemptions located within Weld County. The properties to the west are located within the Town of Frederick municipal limits. The primary uses within adjacent Firestone and Frederick municipal limits are residential subdivisions. The proposed second home density is consistent with the urban nature of the Firestone, Frederick and surrounding Weld County properties making this proposal compatible. The proposed permit is for a second residence for caretakers and family members which would not take away nor hinder from the existing surrounding residential land uses. There is one Use by Special Review Permit USR-1174 for a kennel (up to 125 dogs & 35 cats) located west of and adjacent to the site. There are several Use By Special Review Permits within one mile of the site. Including one (1) child care center, three (3) animal training facility/kennels, one (1) recreation facility, one (1) single family residence, one (1) Accessory building and two (2) home businesses. The Weld County Department of Planning Services sent notice to sixteen (16) surrounding property owners within five -hundred (500) feet. No responses were received back from surrounding property owners regarding the proposed application. 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 a three (3) mile referral area of the Town of Firestone and the Town of Frederick. Both towns returned referrals indicating no concerns. The site is located within the Town of Firestone's Intergovernmental Agreement Area (IGA). As part of the pre -application process, Firestone submitted a signed Notice of Inquiry form that stated the applicant should consider annexation. The applicant does not wish to annex at this time. The Firestone NOI response also stated the applicant shall use the existing access off of County Road 20. The Town of Firestone will not grant another access point at this time. Additionally, the 2013 Town of Firestone Future Land Use map identifies the parcel as Low Density Residential. The site is not located in a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a 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, 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 "Irrigated (not prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Due to the classification given, the RESOLUTION USR18-0121 KEVIN & KATHRYN BEILAND PAGE 3 proposed USR will not take "Prime (Irrigated)" Farmland out of production. Additionally, the site is not current farmland and the small lot size is not suitable for farming. 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. An on -site waste -water treatment system is required for the caretaker's residence and shall be installed according to the Weld County On -site Waste -water Treatment System (O.W.T.S.) Regulations. (Department of Public Health and Environment) B. County Road 20 has been annexed by the Town of Firestone. Access and right-of-way requirements will be determined by the Town. (Department of Public Works) C. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0121 (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. Label the approved Town of Firestone accesses on the map with access permit number if applicable. (Department of Public Works) 7. The applicant shall show the drainage flow arrows. (Department of Public Works) 8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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) RESOLUTION USR18-0121 KEVIN & KATHRYN BEILAND PAGE 4 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: 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 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 Lonnie Ford. VOTE: For Passage Against Passage Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Absent Bruce Johnson Bruce Sparrow 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 February 19, 2019. Dated the 19th of February, 2019 ,-/vtecv_eae. Wea-e. Michelle Wall Secretary RESOLUTION USR18-0121 KEVIN & KATHRYN BEILAND PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kevin & Kathryn Beiland USR18-0121 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0121, 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 historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 5. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 6. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 7. 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) 8. 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. 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 RESOLUTION USR18-0121 KEVIN & KATHRYN BEILAND PAGE 6 property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 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. � Aluts 2/1q)2619 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 19, 2019 EXHIBIT b CASE e -•z 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, Gene Stille. Tom Cope. Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland. Absent: Bruce Sparrow, Bruce Johnson. Also Present: Kim Ogle, Chris Gathman, Michael Hall. Angela Snyder, and Maxwell Nader, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Bob Choate, County Attorney, and Michelle Wall, Secretary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR18-0121 KEVIN & KATHRYN BEILAND MAXWELL NADER 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. LOT B AMRE-3310. PART SW4 SECTION 18. T2N. R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO PINE CONE AVE, APPROXIMATELY 1.000 FT EAST OF COLORADO BLVD. Maxwell Nader. Planning Services. presented Case USR18-0121 reading the recommendation and comments into the record. The property has a zoning violation ZCV18-00184. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mike McRoberts. 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. Kathryn Beiland, 6251 County Road 20, Firestone, Colorado. explained that they purchased the property and the house had been vacant for 4 years. There were racoons living in the ceiling and the house is in need of renovation. The applicant built a pole barn and finished a 25' x 40' finished space to reside in until they can renovate the main home. Chair Wailes asked Staff how the violation came about. Staff explained a complaint was called in because they thought people were living in both dwellings. Commissioner Cope asked if only one dwelling was being used. The applicant said that is correct. Commissioner Cope asked staff if it is actually a violation since both homes are not being lived in. Staff explained technically it is a violation because it was complaint driven but approving the USR will close out the violation. Commissioner Cope asked the applicant if they intend to use the apartment in the pole barn after the main home is finished. The applicant said they would allow one of their kids or their mother-in-law to stay there if they needed a place to stay. Commissioner Stille asked if the well on the property is permitted for both homes. The applicant said the permit states the well is for two residences. 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 USR18-0121 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 Elijah Hatch, Seconded by Lonnie Ford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Absent: Bruce Johnson, Bruce Sparrow. Commissioner Stille said he agreed with Staffs recommendation of approval and that the applicant complies with Section 22-2-20 and Section 23-2-220. Meeting adjourned at 5:51 pm. Respectfully submitted, --trtcawteed � Michelle Wall Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS : EMAIL John Doe 123 Nowhere Street, City, State, Zip .1\, f G rgr A- i-iitnisA5Lie, - rett -t, 4.1' (1.5".- a t. Nk, . tit,. , Luc 11/4stosal. c_t) %oe.2,:t _.... kcego„ linntib • J'' - * , C. \ttel(Vt- - ~~- Cs - CI C1/441/4t"IL"1... a) . 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