The URL can be used to link to this page

Browse Search

Home My WebLink About20182186.tiffHEARING CERTIFICATION DOCKET NO. 2018-62 RE: 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 - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG A public hearing was conducted on July 25, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro -Tern Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Frank Haug Planning Services Department representative, Michael Hall Public Works Engineer representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted: E. I hereby certify that pursuant to a notice dated May 30, 2018, and duly published June 4, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Valley Oak Drive, LLC, c/o Troy and Dawna Armstrong, for 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. Frank Haug, Assistant County Attorney, made this a matter of record. e Michael Hall, Department of Planning Services, presented a brief summary of the proposal and stated the existing primary home will continue to be used for the applicant's mother-in-law and the proposed second dwelling would be used as a home for the applicants. He described the proposed second dwelling would be located within a proposed 2800 square foot shop. Mr. Hall explained the proposed dwelling would be in compliance with the Weld County code, which encourages the use of multi -generational quarters on a lot. He stated the parcel is approximately 1.65 acres and is located in a subdivision with agricultural zoning. Mr. Hall clarified there is no Homeowners' Association (HOA) for this subdivision and the reason the USR is required for the parcel is because the dwelling would be in that subdivision. He stated letters were sent to eighteen (18) surrounding property owners (SPO) within 500 feet, and fourteen (14) letters were received in opposition that were presented to the Planning Commission as PC Exhibits; one of the letters was custom, while the other thirteen (13) were an identical form of petition letters. Mr. Hall indicated all of the letters received came included concerns of lowering property values, changing the neighborhood dynamic and that the use would not be compatible with the character of the neighborhood. He stated nine (9) referral agencies reviewed the application, with six (6) Ct .PL(nnm I Alt%) PVJ Wn EtA-C L.L_ 2018-2186 PL2561 HEARING CERTIFICATION - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG (USR18-0014) PAGE 2 responses that were considered in the staff recommendation. He explained the site is located within the three (3) mile referral area of the City of Greeley and he reviewed the referral response comments, as submitted. He added the site is located within the City of Greeley's Long Range Expected Growth Area; however, it is not located within an Intergovernmental Agreement (IGA) boundary. Mr. Hall referred to the map indicating the lot is not in a floodplain and he described surrounding land use and range of Lot acreages in the subdivision. He stated the proposed second dwelling does not detract from the surrounding land uses and he displayed images of the site and the surrounding property from all directions reiterated the restriction regarding rental of the second dwelling. Mr. Hall entered the favorable recommendation of the Planning Commission into the record as written. In response to Commissioner Cozad, Mr. Hall restated the size of the lots in the subdivision. • Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, stating this site accesses from 66th Avenue. He provided the average daily traffic counts to include truck percentages and stated the traffic narrative indicated approximately 112 vehicles per day with ten percent (10%) trucks. He reported neither tracking control nor an Improvements Agreement will be required. Mr. Pinkham explained the applicants did a simple drainage narrative and he presented the drainage and grading requirements for the site. • Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and state water is provided by the North Weld County Water District (NWCWD) and sewer is provided by an existing septic system that was reviewed and deemed satisfactory. She explained a septic system must be installed for the proposed house prior to receiving the Certificate of Occupancy. Ms. Light stated the applicants may install a new shared septic system, which she deemed as acceptable. She discussed relative Development Standards (DS) that address Environmental Health items. • Troy and Dawna Armstrong, applicants, stated a year and a half ago they purchased the property to help Dawna's elderly mother financially. He indicated they did not buy the home with the intent of moving; however, as she needs more care, they realized a second dwelling would allow them to provide care while maintaining her independence. He clarified their intent is not to change the neighborhood. Mr. Armstrong stated they intend to build a shop that resembles every other shop in the neighborhood and have the residence on the backside of it. Mr. Armstrong mentioned the proposed building could also benefit his aging parents in the future. He acknowledged the concerns of the neighbors; however, he clarified the second dwelling will not be used as a rental and he has agreed to the inclusion of that restriction in the Resolution. Mr. Armstrong discussed meeting with next door neighbors prior to beginning the application process. He shared that the neighbors did not object to the idea of the additional house; however, they asked that the proposed building be constructed further from their fenceline. He reiterated not intending to change the neighborhood and moving forward with the application while understanding the neighborhood concerns. Ms. Armstrong stated her mother has been in the neighborhood for over twenty years, and 2018-2186 PL2561 HEARING CERTIFICATION - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG (USR18-0014) PAGE 3 she repeated not wanting to change the dynamic of the neighborhood. Ms. Armstrong expressed the importance that her mother be allowed to stay in her home for as long as possible and the second dwelling allows them to be available as caregivers. In response to Commissioner Kirkmeyer, Mr. Armstrong stated the proposed apartment would be 600 square feet on the upper and lower floor and he described the layout. Mr. Armstrong indicated when Mr. and Mrs. Gotchy initially heard the plans, Mr. Gotchy suggested including a basement in the build. Bill Gotchy, Surrounding Property Owner (SPO), stated the applicant had talked about building a shed; however, he did not indicate it would include living quarters. He discussed a similar request made by someone in the subdivision which was denied by the County. Mr. Gotchy also included that the applicants do not live in the house they are proposing to build and, therefore, he questioned why the mother-in-law cannot move in with the Armstrong's instead of building on. In response to Commissioner Conway, Mr. Gotchy reiterated his concern based on the denial of other proposals and he estimated the dates when they occurred. Shelley Gotchy, SPO, stated where she lives in relation to the proposed residence and included she asked the applicants to push back the initial structure. She discussed that she understands having to take care of parents, and she restated the previous information given about denial of building requests. Ms. Gotchy expressed her concern for the future and assuring that the Development Standards (DS) and Conditions of Approval (COA) are followed. She referred to the map regarding the petitions received and stated that there was an additional letter that didn't make it to the Commissioners. Ms. Gotchy communicated that the entire neighborhood is concerned about the future and the changes that could occur if the applicants choose to move from the property. Tim Gideon, SPO, stated he has lived in the subdivision for 27 years and enjoys a quiet, private area. He stated he does not want the neighborhood to change or grow with more houses. In response to Commissioner Cozad, Mr. Gideon described his biggest concern is the property being rented out in the future and the possibility that other residents may also want to build on their parcels. Commissioner Cozad reminded Mr. Gideon and the public of the Development Standards that prevent the property from being rented out. In response to Commissioner Kirkmeyer, Mr. Hall stated there is no public record concerning previous applications for second homes being denied, and one of the properties being previously discussed was not the building of a second home on the property, but instead a mobile home being placed on the property. Nader Ghaffarvand, SPO, stated he has lived in the subdivision for approximately 32 years. He expressed concern about the future of the property and the possibility for expanding the apartment. He referred to another neighbor that originally built a garage, which is now a home. Mr. Ghaffarvand continued to give examples of people in the subdivision building on their property. 2018-2186 PL2561 HEARING CERTIFICATION - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG (USR18-0014) PAGE 4 Comissioner Kirkmeyer clarified that the application is not a land split as someone stated before. She also stated that there are many barns that are bigger than homes and residents are able to build a shed, garage, or barn with a building permit and do not need a USR; however, living quarters do require a USR. She discussed the future and the standards that must be followed, and also reiterated that the USR permit stays with the property. In response to Mr. Ghaffarvand, Commissioner Kirkmeyer restated anyone who lives within the second residence must be a family member and a caregiver. Commissioner Freeman stated, in the future, the current caregivers may require their own care and new family members or care takers may live in the primary home. • Don Agens, SPO, stated neighbors do not have a problem with the current property owners living there; however, they are concerned with the property being sold and multiple people moving into the home. In response to Mr. Agens, Commissioner Cozad discussed the possibilities of who could move into the house if the property is sold. Mr. Agens argued that there could be more people moved onto the property if there are homes rather than just one. • Mr. Gotchy reiterated his previous discussion of the second home which was denied approximately 7.5 years ago. He explained the woman who wanted to build the home is not very assertive, and therefore, continued her application after being denied once. • Mr. Armstrong stated they are trying to do their best to not change the neighborhood. Ms. Armstrong explained they are planning to sell the home they are in and move into the proposed second home permanently to be closer to family and care for her mother. In response to Chair Moreno, Mr. and Mrs. Armstrong indicated they have reviewed, the Conditions of Approval and Development Standards and have no concern. ▪ Commissioner Conway referred to DS and commented, although he understands the concerns of the neighborhood, the USR permit would prohibit rental of the second dwelling. He stated this arrangement will allow an aging senior to stay in her home to be cared for by family, which is encouraging and he supports the application. Commissioner Cozad commented she understands the neighbors' concerns of what could happen; however, everyone ages and there will come a time when Mr. and Mrs. Armstrong too will need a caretaker. She stated the applicant clarified on the record the second home is for family and family support. Commissioner Cozad discussed the importance of keeping people in their homes as long as possible, and stated this family situation is encouraging. She reiterated DS #2 states there cannot be two different families living on the parcel; it must be occupied by a family member and caregiver. • Commissioner Kirkmeyer stated her support and reiterated what Commissioner Cozad originally said, stating the person living in the second dwelling must be a family member and a 2018-2186 PL2561 HEARING CERTIFICATION - VALLEY OAK DRIVE, LLC, 0/O TROY AND DAWNA ARMSTRONG (USR18-0014) PAGE 5 caregiver. She referred to the previous Code changes allowing second dwellings for family and caregivers, stated the developmental standards address the neighbors' concerns, and again repeated that this is not a land split, and it will not be a rental property. She suggested deleting DS #5 and 6, and stated they are not necessary because there will not be a large addition to traffic. Commissioners Freeman and Conway agreed with the previous statements. Commissioner Conway stated Colorado is an aging state and there is an affordable housing shortage. ▪ Chair Moreno also agreed with the importance of family taking care of family and avoiding the financial costs of a nursing or retirement home. Chair Moreno stated his respect of the comments made by the public and hopes the explanations have helped address some of the concerns of the neighbors. He declared his support of the applicants. • Commissioner Cozad moved to approve the request of Valley Oak Drive, LLC, c/o Troy and Dawna Armstrong, for 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, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Conway and it carried unanimously. Commissioner Cozad stated it sounded like the neighborhood is full of good neighbors and they can continue to be neighborly and supportive of the applicants in the future. There being no further discussion, the hearing was completed at 12:09 a.m. This Certification was approved on the 30th day of July, 2018. 2018-2186 PL2561 HEARING CERTIFICATION - VALLEY OAK DRIVE, LLC, C/O TROY AND DAWNA ARMSTRONG (USR18-0014) PAGE 6 BOARD OF COUNTY COMMISSIONERS WELL COUNTY, COLORADO ATTEST: datifek) .Z49•e.k. Weld County Clerk to the Board BY Deputy lerk to the= APPROVED AS T ounty - torney Date of signature: 19-03-18 Steve Moreno, Chair arbara Kirkme P.fo-T� Sean P. Conway ufie A. Cozad Mike Freeman 2018-2186 PL2561 ATTENDANCE LIST DATE: `]-,5"-;o(8 NAME - PLEASE PRINT 'LEGIBLY_ - _ 0_,' - EMAIL k I - , _ ADDRESS t ' COUNTY OF RESIDENCE SPEAKING? (Y/N) Tack )3 a.,t "Lauer ecui,a4-tore ,eo C IS CI? 53 Ker≤4y tvdici t' ej O cxurvn 0. -A -`© h- X60 c,Nso ,\ L\f,c4-).,L i •e. cD►r, 15 303 c_253 Kessl v4e1 C1_ Y S II eJ 1 e_,y C i e>% 6y-tch Ey@ c i`J ��, oef 5.15 & Co Zr, A -re- U - y 6111 t-Je) 9, 7tae_ g s71 5 5"A/ & 6Iti AL If. I,J-e-0/ i f�i 2f, o7/` l'/C-f-/apt/L/12 Q . 1/...7 /V /C e- e/4,' A -/ IAA a , G I ke 0 (k) f:V14,60A)IbildtK. liaL-5 4) kir-127 kk 1/62-C-1 d J/95� N RC 7'//� n/G05�4,,u61 /417�,C�i'D0 ,% /l,. a/0e /tea e y w el 0 7 /Z/ JD. (-44,am (iii /Ic A) ,, i4,4- frA2 p Ali a de flD-m.1,, °`oo 4'M toed ,I 6 `( Phi -m.41 --nn 1-nse,,-Aemichima,.. 3,7/v.14 eed-thil4v-eirgiL_,a,ir-i ►M ,Gv Dtutp►'n -41--wlam ;r'Dvi 7 ic,...x\r\e-Xti 59 (ace 4(-e uJJ0L- N Hello