HomeMy WebLinkAbout20182611.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: August 7, 2018
Case Number: USR18-0049
Applicant: Shawn and Susan Wiant, 2113 County Road 45, Hudson, CO 80641
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 A RECX13-0027; being part N2 SW4 of Section 35, T1 N, R65W of the 6th P.M.,
Description: Weld County, CO
Location: Approximately 215 -feet south of County Road 4; East of and adjacent to County Road
45
Size of Parcel: +/- 8.016 acres Parcel No. 1473-35-2-00-009
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:
State of Colorado, Division of Water Resources, referral dated June 1, 2018
▪ Weld County Department of Public Health and Environment, referral dated June 25, 2018
▪ Weld County Department of Public Works, referral dated June 27, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated June 5, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVVVV°
Town of Hudson
Town of Lochbuie
Weld RE -3(J) Schools
Weld County Sheriff's Office
Hudson Fire Protection District
West Adams Conservation District
Adams County Planning Department
Weld County Department of Building Inspection
USR18-0049 WIANT, Page 1 of 8
LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: August 7, 2018
Case Number: USR18-0049
Applicant: Shawn and Susan Wiant, 2113 County Road 45, Hudson, CO 80641
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 A RECX13-0027; being part N2 SW4 of Section 35, TIN, R65W of the 6th P.M.,
Description: Weld County, CO
Location: Approximately 215 -feet south of County Road 4; East of and adjacent to County Road
45
Size of Parcel: +/- 8.016 acres Parcel No. 1473-35-2-00-009
Case Summary:
The property is zoned Agriculture and is located in southern Weld County on a parcel of land created by
Recorded Exemption, RECX13-0027. There is an existing single family dwelling on the property. The
property owner / applicant seeks to construct a second single family dwelling for a rental income
residence. The Division of Water Resources indicates that well permit number 308094 is currently
permitted to be used for ordinary household purposes inside two (2) single family dwellings and the
irrigation of not more than 14,600 square feet of home gardens and lawns.
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:
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 22-2-120.E.1. - R.Policy 5.1. states 'Encourage Rural Residential uses when the
subject site is located in a non -urban area of the County."
There is a 1914 residence on the property and the property owner seeks to add a second single-
family dwelling for use as a rental income property. As the property is not eligible to be further
subdivided through the Recorded Exemption land use application process, the applicant elected
to proceed with the Use by Special Review Permit for the second single family dwelling unit.
USR18-0049 WIANT, Page 2 of 8
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."
The applicant is requesting a USR permit for two (2) single-family dwellings on one parcel. The
applicant indicates that well permit number 308094 is currently permitted by the Division of Water
Resources to be used for ordinary household purposes inside two (2) single family dwellings and
the irrigation of not more than 14,600 square feet of home gardens and lawns. A new septic,
SP -1800096 will be placed on the property to accommodate the new residence. The Conditions
of Approval and Development Standards ensure that there are adequate services and facilities
available.
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. which allows for a Site Specific Development Plan and Use by Special
Review Permit for one (1) single-family dwelling unit per lot other than those permitted under
Section 23-3-20.A. (second single-family dwelling unit).
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
There are several rural residences in the near vicinity with the nearest residence being located
approximately 145 -feet to the northwest from the existing Wiant rental residence. Rural
residences in the near vicinity include to the south approximately 1400 -feet a residence on
dryland agriculture; to the west approximately 1850 -feet is a residence on dryland agriculture; to
the north in addition to the adjacent property approximately1000-feet is a residence on dryland
agriculture and to the east approximately 1200 -feet is a residence on dryland agriculture. No
telephone calls or correspondence concerning this application was received.
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 three miles of the Town of Hudson and Adams County who did not
return a referral response
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County
Code.
The property is not with the Floodplain.
The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, 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 second dwelling is located on approximately 8.016 acres of "Prime if they become
Irrigated" . The property has existing improvements and the new residence will be located within
a footprint of approximately 2500 SF. The remaining acres will continue to be utilized as both a
landscape amenity and for livestock grazing.
USR18-0049 WIANT, Page 3 of 8
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 Department of Planning Services' staff 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 USR18-0049. (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 45 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 future and existing right-of-way. This road is
maintained by Weld County. (Department of Public Works)
5. Show and label the approved access locations, approved access width and the appropriate
turning radii (60 -feet) on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (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. Prior to the issuance of the Certificate of Occupancy:
A. An onsite 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)
3. 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)
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
USR18-0049 WIANT, Page 4 of 8
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)
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 map 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)
USR18-0049 WIANT, Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Shawn and Susan Wiant
USR18-0049
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0049, 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. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
6. 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)
7. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
8. 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)
9. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Planning Services)
10. Building permits will 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 2017 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)
13. 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.
14. 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
USR18-0049 WIANT, Page 6 of 8
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
15. 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.
16. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
17. 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.
18. 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
USR18-0049 WIANT, Page 7 of 8
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.
USR18-0049 WIANT, Page 8 of 8
June 26, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
BERNARD JEFFREY
285 S 21ST PL
BRIGHTON, CO 80601
Subject: USR18-0049 - 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
On Darcel(sl of land described as:
PART N2NW4 SECTION 35, T1N, R65W LOT REC EXEMPT RECX13-0027 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 7, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 29, 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.org
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
May 30, 2018
BERNARD JEFFREY
285 S 21ST PL
BRIGHTON, CO 80601
Subject: USR18-0049 - Second Single Family Dwelling
On parcel(s) of land described as:
PART N2NW4 SECTION 35, T1N, R65W LOT A REC EXEMPT RECX13-0027 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:
Hudson at Phone Number 303-536-9311
Lochbuie at Phone Number 303-655-9308
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,
Planner
FIELD CHECK - USR18-0049
Inspection Date: July 27, 2018
Applicant: Shawn and Susan Wiant
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 A RECX13-0027; being part N2 SW4 of Section 35, T1 N, R65W of the 6th P.M., Weld
County, CO
Location: Approximately 215 -feet south of County Road 4; East of and adjacent to County Road 45
Parcel ID #: 1473-35-2-00-009
Acres: 8 +/-
Zoning
Land Use
N
AGRICULTURE
N
Single Family Residence
E
AGRICULTURE
E
Agriculture lands in Production
S
AGRICULTURE
S
Agriculture lands in Production
W
AGRICULTURE
W
Agriculture lands in Production
Comments:
County Road 45 is a paved, heavily traveled road with narrow to limited shoulders. The driveway is on
the down slope from County Road 4, but has good visibility in both directions. There is an existing
graveled driveway that provides access to the current residence on site. There is a three strand barb wire
fence adjacent to CR 45. The property does not appear to be fenced at the perimeter.
No violations identified.
❑ House(s)
0 Site Distance
o Access to Property, doo sight distance and visibility
o Topography, slight slope to south
Note any commercial business/commercial vehicles that are operating from the site.
Hello