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HomeMy WebLinkAbout20180823.tiffPlanner: Case Number: Applicant: Address: Request: LAND USE APPLICATION SUMMARY SHEET Ryder Reddick USR17-0060 Justin Hersh 22308 County Road 43 LaSalle, Colorado 80645 Hearing Date: March 6, 2018 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 Lot B Recorded Exemption RE -2123; being part of the W2 5W4 Section 10, T4N, Description: R65W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 43 & south of and adjacent to Latham View Drive. Size of Parcel: +1- 4.6 acres Parcel No. 1055-10-3-00-040 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: v Weld County Code Compliance, referral dated November 9, 2017 Weld County School District RE -1, referral dated November 9, 2017 Weld County Department of Public Works, referral dated December 5, 2017 Weld County Department of Planning, Engineering, referral dated December 6, 2017 Weld County Department of Public Health and Environment, referral dated November 20, 2017 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Central Weld County Water District, referral dated November 21, 2017 Weld County Sheriffs Office, referral dated November 17, 2017 The Department of Planning Services' staff has not received responses from the following agencies: ▪ LaSalle Fire Protection District ▪ Town of LaSalle ▪ Weld County Department of Building Inspection USR17-0060, Justin Hersh - Page 1 of 9 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Ryder Reddick Hearing Date: March 6, 2018 Case Number: USR17-0060 Applicant: Justin Hersh Address: 22308 County Road 43 LaSalle, Colorado 80645 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 Lot B Recorded Exemption RE -2123; being part of the W2 SW4 Section 10, T4N, Description: R65W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 43 & south of and adjacent to Latham View Drive. Size of Parcel: +1- 4.6 acres Parcel No. 1055-10-3-00-040 Case Summary: The applicants are requesting a Site -Specific Development Plan and Use by Special Review Permit to allow for a second single family dwelling on their approximately +1- 4.6 -acre parcel of land that is zoned agricultural. The second residence was previously approved on the parcel per USR-1062, recorded 12- 11-1995, reception #2466895. USR-1062 was approved for a commercial truck parking business and second mobile home on site, however, USR-1062 development standard note #9 states: "The Special Review Permit shall not be transferable to any successors in interest to the property and shall terminate automatically upon conveyance or lease of the property to others for the operation of the business or parking." As the current property owner is a successor to the interest of the lot and not the original owner, the current second home must once again go through the USR process to be allowed to stay on the site as a second permanent residence. This site currently has an active zoning violation (ZCV17-00192) which was initiated due to the presence of more than 1 (one) dwelling unit without first completing the necessary Weld County Zoning Permits. This case has not been forwarded to the County Attorney's Office; therefore, an investigation fee was not required when taking in this USR application. If this application is denied, the Department of Planning Services asks that the Board forward these cases to the County Attorney's Office for legal action through the District Court process, but to delay that legal action for (30) thirty days to allow the applicant time to submit a demolition permit or to otherwise remove the second home from the property. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: USR17-0060, Justin Hersh - Page 2 of 9 A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.F.2. - A.Policy 6.2. states, 'Support opportunities, such as but not limited to hobby farming and home businesses, to supplement family income and reduce living expenses for farm families and others who prefer a rural lifestyle. " The proposed second single family dwelling on site would provide the applicant the opportunity to supplement family income and help reduce living expenses by using the second home onsite as a rental home. Section 22-2-20.F.3. - A.Policy 6.3. states, 'Encourage multi -generational, caretaker, guest and accessory quarters." The approval of the second residence would also allow the applicant to use the second dwelling to house friends and family when and if the need arises. 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 provided to the property for both homes on site. Central Weld County Water District provides the water to the both residences through Account #000764-02 and currently charges a surcharge for the tap to split the service between the two homes on the same lot. There are also two existing septic systems permitted on the property, the primary residence has a septic system sized for up to (2) two bedrooms and is permitted under permit #SP -9800018, the secondary residence (Mobile Home) has a septic system which appears to be sized for up to (3) three bedrooms and is permitted under permit #G19770180. B. 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. 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 Agriculture (A) Zone District. The proposed second residence will be used primarily for a rental unit to help supplement family income for the property owner. The second unit will also provide extra help with maintenance on the site from the tenants renting the second unit which will in turn help support the rural lifestyle. Lastly the second dwelling is consistent with the intent of the (A) Agricultural zone district as it is a use that is allowed through approval of a Use by Special Review (USR) permit. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The use and size of the lots surrounding the property to the east and west are single family home sites that range between 6 to 14 acres in size and are located in the Latham View Estates PUD which is zoned for (E) Estate uses. The parcel of land directly to the south of the proposed USR site is a +/-2.3 acre (A) Agricultural zoned parcel of land being primarily used as a single-family home site. The parcel directly west of the site is a +/-120-acre parcel of land zoned (A) agricultural and is being actively farmed with one single family home site located on the parcel. There are (5) five approved Use by Special Review Permits within (1) one mile of the site, USR17-0060, Justin Hersh - Page 3 of 9 all located in the (A) Agricultural Zone District and include: (2) two gravel mining operations sites, (1) one approved oil and gas production facility, (1) one concrete business, and (1) one 12 -inch natural gas pipeline The proposed USR for a second residence primarily to be used for rental income and/or for family and guest housing is compatible with the existing surrounding residential and agricultural land uses as the neighboring parcels are all primarily residential lots being used for similar uses. The Weld County Department of Planning Services has received no responses from the surrounding property owners in opposition to this 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 not located within an Intergovernmental Agreement Area (IGA), Urban Growth Boundary Area (UGB) or Coordinated Planning Agreement Boundary (CPA). The site is located within 3 -miles of the Town of LaSalle municipal boundary however the Department of Planning Services has not received a response from the Town of LaSalle regarding this land use proposal. 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 or a Special Flood Hazard Area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed home site is located on a 4.3 -acre parcel of land Zoned A (Agricultural) and the soil designation for the site is "Prime (Irrigated Farmlands of National Importance)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. While the site is located entirely within prime agricultural land, with the lot being only 4.3 acres in size and surrounded only by other small acreage lots between 2 and 14 acres in size that are being used primarily as single-family home sites east of the adjacent County Road 43 Right -of -Way, the current Lot as it sits will not be taking land away from agricultural production as the lot has not being actively farmed in the recent past and has historically been used as a single family home site lot. 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. USR17-0060, Justin Hersh - Page 4 of 9 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall address the requirements of Weld County School District RE -1, as stated in the referral response dated October 20, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The Map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR17-0060 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. County Road 43 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 5. The applicant shall obtain an access permit from the Weld County Department of Public Works. Show and label the approved access locations with the approved access permit number and show and label the appropriate turning radii (60'). (Department of Public Works) 6. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (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 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 USR17-0060, Justin Hersh - Page 5 of 9 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 State Plane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsRco.weld.co us. (Department of Planning Services) 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) USR17-0060, Justin Hersh - Page 6 of 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Justin Hersh USR17-0060 1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0060, 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 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) 5. The property owner shall control noxious weeds on the site. (Department of Public Works) 6. The access on site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Department of Public Works) 7. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 9. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 10. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 11. 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. (Department of Planning Services) 12. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 13. 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 USR17-0060, Justin Hersh - Page 7 of 9 reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 14. 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. 15. 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. USR17-0060, Justin Hersh - Page 8 of 9 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. USR17-0060, Justin Hersh - Page 9 of 9 January 29, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: rreddick@weldgov.com PHONE: (970) 353-6100, Ext. 3527 FAX: (970) 304-6498 JUSTIN HERSH 22308 C R 43 LA SALLE, CO 806458829 Subject: USR17-0060 - A Site Specific Development Plan and Use by Special Review 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. On parcel(s) of land described as: PART W2SW4 SECTION 10, T4N, R65W LOT B REC EXEMPT RE -2123 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 6, 2018, at 12:30 p.m. Asubsequent hearing with the Board of County Commissioners will be held on March 28, 2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, Ryder Reddick Planner November 08, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: rreddick@weldgov.com PHONE: (970) 353-6100, Ext. 3527 FAX: (970) 304-6498 JUSTIN HERSH 22308 COUNTY ROAD 43 LA SALLE, CO 806458829 Subject: USR17-0060 - A Site Specific Development Plan and Use by Special Review 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. On parcel(s) of land described as: PART W2SW4 SECTION 10, T4N, R65W LOT B REC EXEMPT RE -2123 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: LaSalle at Phone Number 970-284-6931 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, ` I Ryder Reddick Planner FIELD CHECK Inspection Date: 12/6/2017 Case Number: USR17-0060 Applicant: Justin Hersh 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 Recorded Exemption RE -2123; being part of the W2 SW4 Section 10, T4N, R65W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 43 and south of and adjacent to Latham View Drive Size of Parcel: +/- 4.6024 Gross Acres +/- 4.2259 Net Acres Parcel No, 1055-10-3-00-040 Zoning U Land Use N PUD (E) Estate N Rural Residential (Latham View Estates PUD) E PUD (E) Estate E Rural Residential (Latham View Estates PUD) S A (Agricultural) S Rural Residential W A (Agricultural) W Agricultural Farm Land and Rural Residential COMMENTS: The site contains a single-family residence, a mobile home that is used as a second single family residence, one small detached garage, one large detached garage/shop for personal use only, three outbuilding/sheds for personal storage and an old uninhabited original farm house with grain silo. There is also only one access to the site off County Road 43. /-1-)17Th 4eij-C Rye e eddick, Planner Hello