HomeMy WebLinkAbout20191679BEFORE 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 USR18-0127
APPLICANT CLAIRE SCAVELLO
PLANNER MAXWELL NADER
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 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 12 BLOCK 2 JO ANN SUB, PART OF SECTION 26. T1 N. R66W OF THE 6TH
P M WELD COUNTY COLORADO
LOCATION NORTH OF AND ADJACENT TO CR 4 AND WEST OF AND ADJACENT TO CR
33 75
be recommended favorably to the Board of County Commissioners for the following reasons:
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 #
82742-F allows for ordinary household and commercial use There is an existing septic
system. permit # SP -9600197. for the existing home (16859 CR 4) and is sized for three (3)
bedrooms A new septic system will be applied for and installed for the second residence.
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
Section 23-2-220.A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
RESOLUTION USR18-0127
CLAIRE SCAVELLO
PAGE 2
The property is Lot 12. Block 2 of Jo Ann Subdivision. The uses surrounding this parcel are
primarily residential The majority of the properties located to the east are in the municipal
limits of Lochbuie. The properties to the west are located within the Jo Ann Subdivision The
properties to the south are located in the municipal limits of Lochbuie. The properties to the
north are rural residential. The primary uses within adjacent Lochbuie municipal limits are
residential subdivisions. The proposed second home density is consistent with the urban
nature of the Lochbuie and the Jo Ann Subdivision making this proposal compatible The
proposed permit is for a second residence for family members which would not take away nor
hinder from the existing surrounding residential land uses.
There is a total of five (5) Use by Special Review Permits within a one (1) mile radius of the
subject property. These Use by Special Review Permits consist of an accessory building
permitted by USR-862, a twelve (12) inch natural gas pipeline permitted by USR16-0028 that
are both located north of the property and a double circuit 230 kV transmission line permitted
by USR-1711. one (1) greater than 10 -inch natural gas transmissions pipeline and associated
facilities permitted by USR12-0011 and a Major Facility of a Public Utility or Public Agency
permitted by USR14-0067 that are all located to the west of the subject property
The Weld County Department of Planning Services sent notice to thirty-eight (38) 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 City of Brighton. the City of Fort
Lupton and the Town of Lochbuie. The City of Fort Lupton returned a referral indicating no
concerns. The City of Brighton and the Town of Lochbuie did not respond.
The site is located in the City of Fort Lupton's Coordinated Planning Agreement (CPA) As
part of the pre -application process. Fort Lupton submitted a signed Notice of Inquiry form that
stated they do not wish to annex at this time.
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
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 "Other Land" 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. Additionally, the site is not current
farmland and the small lot size is not suitable for farming
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
RESOLUTION USR18-0127
CLAIRE SCAVELLO
PAGE 3
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 plat.
A The recreational vehicle shall cease to be used as a dwelling unit. The applicant shall submit
photographic evidence to the Department of Planning Services. The property owner shall sign a
notarized affidavit stating they will cease to use the recreational vehicle as living quarters within
the property boundaries and submit photographic evidence. Documentation shall be submitted
to the Department of Planning Services. (Department of Planning Services)
The plat shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR18-0127 (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. County Road 4 is under the jurisdiction of Lochbuie in this location. Show and label 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. (Department of
Public Works)
6 The eastern property line is bordered by 60' of right-of-way shown on the Jo Ann
Subdivision plat (reception number 1534689) as 'Dedicated for County Road. Show and
label the right-of-way This road is not maintained by Weld County (Department of Public
Works)
7 Show the approved Town of Lochbuie access(es) on the site plan and label with the
approved access permit number if applicable (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) 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)
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 be added for each
additional three (3) month period. (Department of Planning Services)
RESOLUTION USR18-0127
CLAIRE SCAVELLO
PAGE 4
4. Prior to Construction
A. If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required.
(Department of Public Works)
5. Prior to the issuance of the Certificate of Occupancy
A An on -site waste water treatment system is required for the proposed residence and shall be
installed according to the Weld County On -site Waste Water Treatment System Regulations.
(Department of Public Health and Environment)
6. 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 Elijah Hatch.
VOTE.
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
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, 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 April 16, 2019.
Dated the 16"' of April. 2019
agnmailb PAndoirt,
Kristine Ranslem
Secretary
RESOLUTION USR18-0127
CLAIRE SCAVELLO
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Claire M Scavello
USR18-0127
A Site Specific Development Plan and Use by Special Review Permit. USR18-0127. 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. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
4. 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)
5. 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)
6 The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
7. 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
8. 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.
9. 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 states 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.
10. 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
RESOLUTION USR18-0127
CLAIRE SCAVELLO
PAGE 6
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.
Pc Mw�r1 wk -es
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 16. 2019
EXHIBIT
C-�S118 - O t2'I
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: Bruce Johnson, Bruce Sparrow, Elijah Hatch. Gene Stille, Lonnie Ford. Michael Wailes. Richard
Beck, Skip Holland. Tom Cope
Also Present: Kim Ogle. 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 Kris Ranslem. Secretary.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR18-0127
CLAIRE SCAVELLO
MAXWELL NADER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 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 12 BLOCK 2 JO ANN SUB. PART OF SECTION 26. T1 N. R66W OF THE
6TH P M.. WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO CR 4 AND WEST OF AND ADJACENT TO CR
33 75
Maxwell Nader, Planning Services. presented Case USR18-0127, reading the recommendation and
comments into the record. Mr Nader requested to amend Condition of Approval 1.A to read "The
recreational vehicle shall cease to be used as a dwelling unit The property owner shall sign a notarized
affidavit stating they will cease to use the recreational vehicle as living quarters within the property
boundaries and submit photographic evidence. Documentation shall be submitted to the Department of
Planning Services
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Hayley Balzano. 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.
Commissioner Wades said that the RV is the reason for the violation and asked if the applicant is intending
to build the second residence or if the RV will become the second residence. Mr Nader said that the RV
will need to cease being used as a dwelling. He added that the applicant intends to build a second
residence
Claire Scavello. 16859 CR 4, Brighton. Colorado. stated that her sister and partner live in the RV currently
and they help Ms. Scavello care for her place. She wasn't aware that they were in violation and therefore
wants to come into compliance. Ms Scavello said that they were told that they could possibly bring a
single -wide mobile home, which they would like to do She added that the well has been approved for two
(2) residences and they will have two (2) separate septic systems.
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 for any further changes to the resolution Mr Nader requested amending Condition of
Approval 1.A to read "The recreational vehicle shall cease to be used as a dwelling unit. The property
1
owner shall sign a notarized affidavit stating they will cease to use the recreational vehicle as living quarters
within the property boundaries and submit photographic evidence. Documentation shall be submitted to the
Department of Planning Services'
Motion: Amend Condition of Approval 1.A, as requested by Staff. Moved by Bruce Johnson
Ms. Scavello said that she was told that they could use the RV until the second home was completed. Mr.
Nader said that he took this case over for Diana Aungst and isn't aware if she was told that. Bob Choate,
County Attorney. said that as long as someone is coming into compliance with the land use code then we
work with them instead of continuing with the enforcement He understands from Mr. Nader's report that
this case has not been referred to the County Attorney's office and so long as Ms. Scavello is working
towards coming into compliance then it would be up to Tom Parko, Planning Director. on whether to pursue
enforcement. Ms Scavello stated that they fully intend to come into compliance
Motion was seconded by Gene Stille.
Commissioner Cope asked how soon they intend to build their second home. Ms. Scavello said they intend
to build the second home within two to six months
Mr. Choate noted that there is a Zoning Permit that would allow them to live in the RV during the construction
of the second home Mr. Nader added that the applicant may submit an application for a Zoning Permit for
a Mobile Home during construction
The Chair called for the vote. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended 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 USR18-0127 to the Board of County Commissioners along with the amended
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 = 9).
Yes: Bruce Johnson. Bruce Sparrow. Elijah Hatch. Gene Stifle. Lonnie Ford. Michael Wailes. Richard Beck,
Skip Holland. Tom Cope.
Meeting adjourned at 2:56 pm.
Respectfully submitted,
abant-- i40-14.Wieu
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
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