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Home My WebLink About20182462.tiffEXHIBIT BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION I a OSR I? - oacoc, RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: U S R 18-0066 RANDALL & TANI OWENS ANGELA SNYDER 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 8 GRANDVIEW HIGHLAND ESTATES' PART OF SECTION 34, T2N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO HOLLY STREET (600 FT SOUTH OF CR 16); 500 FT EAST OF CR 7. 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 a residence for family members. 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 provided to the property. Water is provided by Left Hand Water District (LHWD). The LHWD letter, dated May 23, 2018 states that service can be made available to a second residence on the property through the purchase of an additional tap. The septic system (Septic Permit #SP -0400137) is permitted for 4 bedrooms. The primary dwelling has 2 bedrooms and the proposed second dwelling will also have two bedrooms. The application indicated that the septic system would be shared by both residences. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. 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. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Thirty (30) lots were created by the Grandview Highland Estates subdivision ranging from four (4) to six (6) acres. One six -acre lot was divided into two three (3) acre lots. Two lots are covered by Use by Special Review Permit SUP -60 to be used for a poultry operation. The remaining lots are used for rural residential homes or are vacant. The subdivision is surrounded on all sides by the Town of Frederick. Urban -scale, residential subdivisions RESOLUTION USR18-0066 RANDALL & TANI OWENS PAGE 2 border the subdivision on three sides, North, East, and South, and urban -scale development is being planned on the fourth side, West. The increase in residential density as a result of the proposed second dwelling is consistent with surrounding land uses. There are five Use by Special Review Permits within one (1) mile of the proposal: USR-1179 Water Tanks, SUP -60 Poultry Operation, USR-1180 Residence and Accessory Building, USR-512 Storage of Farm Equipment and USR-1104 Residence. The Weld County Department of Planning Services sent notice to fifteen (15) surrounding property owners. Planning staff received no letters in response to this USR. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Towns of Erie, Firestone, and Frederick and the City of Dacono and within the Intergovernmental Agreement (IGA) boundaries of the Towns of Firestone and Frederick. All municipalities responded with no concerns. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is within the Geologic Hazard Overlay District. Building within the Geologic Hazard Area will require a Geologic Hazard Development Permit (GHDP). The site is not within 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 soil designation for the site is "Irrigated Land not Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is not irrigated and this proposal will not remove any land from agricultural 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 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 USR18-0066 (Department of Planning Services) RESOLUTION USR18-0066 RANDALL & TANI OWENS PAGE 3 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 home and proposed second home. (Department of Planning Services) 6. County Road 14.75 (Holly Street) 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. The applicant shall delineate on the site plan the existing right-of-way. The applicant shall also delineate the physical location of the roadway. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 7. Show and label the approved access location, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 8. The applicant shall show 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 added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps(c�co.weld co.us. (Department of Planning Services) 6. Prior to the issuance of the Certificate of Occupancy: A. An on -site wastewater treatment system is required for the proposed residence and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public Health and Environment) 7. 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) RESOLUTION USR18-0066 RANDALL & TANI OWENS PAGE 4 Motion seconded by Bruce Johnson. VOTE: For Passage Against Passage Absent Tom Cope David Stahl, Sr. 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. Bruce Johnson Bruce Sparrow Michael Wailes Gene Stille Lonnie Ford Richard Beck Elijah Hatch 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 August 7, 2018. Dated the 7th of August, 2018 Kristine Ranslem Secretary RESOLUTION USR18-0066 RANDALL & TANI OWENS PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Randall and Tani Owens USR18-0066 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0014, 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 shall control noxious weeds on the site. (Department of Public Works) 4. 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) 5. The historical flow patterns and runoff amounts on the site will be maintained. (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 septic 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. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 9. 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. 10. 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. 11. 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. 12. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a 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 RESOLUTION USR18-0066 RANDALL & TANI OWENS PAGE 6 are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 13. WELD COUNTY'S RIGHT TO FARM: 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. "ft_ Ainwits vt/o71rS SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, August 7, 2018 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 Vice Chair, Gene Stille, at 12:30 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Elijah Hatch. Absent: Tom Cope, David Stahl, Sr. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Angela Snyder, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER REQUEST: LEGAL DESCRIPTION: LOCATION: U S R 18-0066 RANDALL & TANI OWENS ANGELA SNYDER 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 8 GRANDVIEW HIGHLAND ESTATES; PART OF SECTION 34, T2N, R68W OF THE 6TH P.M.. WELD COUNTY. COLORADO. NORTH OF AND ADJACENT TO HOLLY STREET (600 FT SOUTH OF CR 16); 500 FT EAST OF CR 7. Angela Snyder, Planning Services, presented Case USR18-0066, 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 Ford asked how many lots are in this subdivision. Ms. Snyder replied that there are about 25 lots in the subdivision. Commissioner Johnson asked if there are restrictions on the number of houses in this subdivision. Ms. Snyder replied that there is no Homeowners Association, therefore, there are no restrictions. 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. Randall Owens, 3125 Holly Street, Erie, Colorado, stated that the second residence is for his wife's parents to reside. Commissioner Johnson asked what the home will be used for after the parents have left. Mr. Owens said that he and his wife currently live on the second floor of the existing residence, so they will most likely live in the new residence. Commissioner Ford asked if they contacted the neighbors and if they had any concerns with the second home. Mr. Owens said that he talked to four neighbors and they had no opposition to the second home. Commissioner Stille asked if the second home will be used as a rental in the future. Mr. Owens said that he does not intend to have it used as a rental. He added that it would be open for family and friends or for someone from the church to stay when visiting. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 1 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 USR18-0066 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 Gene Stille, Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Elijah Hatch. Commissioner Ford said that the County Commissioners should make the final decision but he hates to see the allowance of two homes on one of these small lots in this subdivision. Commissioner Johnson said that in a subdivision there is a stronger resistance to this type of activity and believes it would be wise to collectively look at replatting that subdivision. Meeting adjourned at 2:08 pm. Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD (NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 423 Nowhere Street, City, State, Zip MA, WI 3CC1 5H Ltrin ,,,,,4 aif to g1/26sret Amorten fficc v cperoari '€)Srvi' 1-1----h.r. 1 asie1/4-12Ab--- 4 4- r- u I CH glik ,Q.,ita.(.4-tiercp 1.'h? ' t...? , .,4-;- .tok,a " * `'Cnr ,. efra gti. at ' ) Lrkt.i) la f L.1 1.. (r' t.L, co * 1 „' +'� ,,,,______21_ (ab,.. . 7 ... , Hello