HomeMy WebLinkAbout20182610.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the We d County Planning Commission that the application for:
CASE NUMBER: USR1E-0049
APPLICANT: SHAWN & SUSAN WIANT
PLANNER: KIM OGLE
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 A REC EXEMPT RECX13-0027; PART N2NW4 SECTION 35, T1 N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 200 FEET SOUTH OF CR 4; EAST OF AND ADJACENT TO
CR 45.
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. Is. is the opinion of the Planning Commission f 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.
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.
E. 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
RESOLUTION USR18-0049
SHAWN & SUSAN WIANT
PAGE 2
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.
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 USR18-0049. (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)
RESOLUTION USR18-0049
SHAWN & SUSAN WIANT
PAGE 3
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 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)
Motion seconded by Lonnie Ford.
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
RESOLUTION USR18-0049
SHAWN & SUSAN WIANT
PAGE 4
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 USR18-0049
SHAWN & SUSAN WIANT
PAGE 5
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)
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.
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
RESOLUTION USR18-0049
SHAWN & SUSAN WIANT
PAGE 6
Standards are permitted. Any other changes shall be filed in the office of the 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 reason for
revocation of the Permit by the Board of County Commissioners.
14. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
15. 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.
16. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
RESOLUTION USR18-0049
SHAWN & SUSAN WIANT
PAGE 7
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.
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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 18-0049
SHAWN & SUSAN WIANT
KIM OGLE
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 A REC EXEMPT RECX13-0027; PART N2NW4 SECTION 35, T1 N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATELY 200 FEET SOUTH OF CR 4; EAST OF AND ADJACENT TO
CR 45.
Kim Ogle, Planning Services, presented Case USR18-0049, 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.
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, on -site
dust control, and the Waste Handling Plan.
Mr. Ogle continued with showing visual slides of the property and the surrounding properties.
Shawn Wiant, 2113 CR 45, Hudson, Colorado, stated that this property is 8.01 acres in size and since 2013
it has been in wheat production. He said that they have since taken it out of wheat production and it is now
cattle pasture. Mr. Wiant said that there is an existing house on site and they are requesting a second
residence as well.
Commissioner Johnson asked what the primary use of the second residence will be. Mr. Wiant stated that
the second residence will be used as a rental property.
Commissioner Ford asked if this property will be put back into agricultural use. Mr. Wiant said that the
balance of the property will remain as cattle pasture.
The Chair asked if there was anyone n the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
1
Motion: Forward Case USR18-0049 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 Bruce Sparrow, Seconded by Lonnie Ford.
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.
Meeting adjourned at 2:08 pm.
Respectfully submitted,
`190,011,-"t
Kristine Ranslem
Secretary
2
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