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Home My WebLink About20182463.tiffPlanner: Case Number: Owner/Applicant: Address: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Angela Snyder Hearing Date: August 7, 2018 U SR 18-0066 Randall and Tani Owens 3125 Holly Street, Erie, CO 80516 A Site Specific Development Plan and Use by Special Review Permit for one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family dwelling unit) in the A (Agricultural) Zone District. Lot 8 of Grandview Highland Estates Subdivision; being part of Section 34, T2N, R68W of the 6th P.M., Weld County, CO North of and adjacent to Holly Street; approximately 500 FT East of County Rd 7 +/- 4.77 acres Parcel No. 1313-34-2-01-005 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: y Left Hand Water District, referral dated April 26, 2018 y Weld County Department of Public Health and Environment, referral dated July 25, 2018 y Weld County Department of Public Works, referral dated August 3, 2018 The Department of Planning Services' staff has received referral responses without comments from the following agencies: "t/ "t/ "t/ "t/ "t/ "t/ "t/ Town of Firestone, referral dated May 25, 2018 Weld County Zoning Compliance, referral dated July 6, 2018 Weld County Sheriff's Office, referral dated July 6, 2018 Frederick -Firestone Fire Protection District, referral dated July 6, 2018 Town of Frederick, referral dated July 9, 2018 City of Dacono, referral dated July 10, 2018 Town of Erie, referral dated July 23, 2018 The Department of Planning Services' staff has not received responses from the following agencies: ▪ Saint Vrain Valley School District RE -1J ▪ Weld County Building Department USR18-0066 I Owens - Page 1 of 7 Planner: Case Number: Owner/Applicant: Address: Request: Legal Description: Location: Size of Parcel: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Angela Snyder Hearing Date: August 7, 2018 U SR 18-0066 Randall and Tani Owens 3125 Holly Street, Erie, CO 80516 A Site Specific Development Plan and Use by Special Review Permit for one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family dwelling unit) in the A (Agricultural) Zone District. Lot 8 of Grandview Highland Estates Subdivision; being part of Section 34, T2N, R68W of the 6th P.M., Weld County, CO North of and adjacent to Holly Street; approximately 500 FT East of County Rd 7 +/- 4.77 acres Parcel No. 1313-34-2-01-005 The applicants are requesting a Site Specific Development Plan and Use by Special Review Permit for a second single-family dwelling. The parcel is located in Grandview Highland Estates, which is an A (Agricultural) zoned subdivision. The subdivision is south of and adjacent to Tipple Parkway (County Road 16) and east of and adjacent to Aggregate Boulevard (County Road 7). A USR for a second home is required because the parcel is in a subdivision. The property owners live in the primary home. The proposed second dwelling is intended to be used as a residence for the applicants' parents. 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 22-2-20.F.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker, guest and accessory quarters." The proposed second single family dwelling is for a residence for family members. Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." USR18-0066 I Owens - Page 2 of 7 There is currently water and septic service provided to the property. Water is provided by Left Hand Water District (LHWD). The LHWD letter, dated May 23, 2018 states that service can be made available to a second residence on the property through the purchase of an additional tap. The septic system (Septic Permit #SP -0400137) is permitted for 4 bedrooms. The primary dwelling has 2 bedrooms and the proposed second dwelling will also have two bedrooms. The application indicated that the septic system would be shared by both residences. 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. of the Weld County Code allows for one (1) single-family dwelling unit per lot other than those permitted under section 23-3-20.A. (second single-family dwelling unit) in the Agricultural (A) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Thirty (30) lots were created by the Grandview Highland Estates subdivision ranging from four (4) to six (6) acres. One six -acre lot was divided into two three (3) acre lots. Two lots are covered by Use by Special Review Permit SUP -60 to be used for a poultry operation. The remaining lots are used for rural residential homes or are vacant. The subdivision is surrounded on all sides by the Town of Frederick. Urban -scale, residential subdivisions border the subdivision on three sides, North, East, and South, and urban -scale development is being planned on the fourth side, West. The increase in residential density as a result of the proposed second dwelling is consistent with surrounding land uses. There are five Use by Special Review Permits within one (1) mile of the proposal: USR- 1179 Water Tanks, SUP -60 Poultry Operation, USR-1180 Residence and Accessory Building, USR-512 Storage of Farm Equipment and USR-1104 Residence. The Weld County Department of Planning Services sent notice to fifteen (15) surrounding property owners. Planning staff received no letters in opposition to this USR. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Towns of Erie, Firestone, and Frederick and the City of Dacono and within the Intergovernmental Agreement (IGA) boundaries of the Towns of Firestone and Frederick. All municipalities responded with no concerns. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. USR18-0066 I Owens - Page 3 of 7 The soil designation for the site is "Irrigated Land not Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is not irrigated and this proposal will not remove any land from agricultural production. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The 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 USR18-0066 (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. Show and label all recorded rights -of -way and easements on the lot. (Department of Planning Services) 5. Show and label the locations and setbacks of the existing home and proposed second home. (Department of Planning Services) 6. County Road 14.75 (Holly Street) is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right- of-way. The applicant shall delineate on the site plan the existing right-of-way. The applicant shall also delineate the physical location of the roadway. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 7. Show and label the approved access location, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 8. The applicant shall show the drainage flow arrows. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) USR18-0066 I Owens - Page 4 of 7 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsRco.weld.co.us. (Department of Planning Services) 6. Prior to the issuance of the Certificate of Occupancy: A. An on -site wastewater treatment system is required for the proposed residence and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public Health and Environment) 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR18-0066 I Owens - Page 5 of 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Randall and Tani Owens USR18-0066 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0014, for one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single- family dwelling unit), in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The property owner shall control noxious weeds on the site. (Department of Public Works) 4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 5. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 6. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 7. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment) 8. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 9. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 10. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 12. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources USR18-0066 I Owens - Page 6 of 7 are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 13. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR18-0066 I Owens - Page 7 of 7 Planner: Case Number: Owner/Applicant: Address: Request: Legal Description: Location: LAND USE APPLICATION SUMMARY SHEET Angela Snyder Hearing Date: August 7, 2018 U SR18-0066 Randall and Tani Owens 3125 Holly Street, Erie, CO 80516 A Site Specific Development Plan and Use by Special Review Permit for one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family dwelling unit) in the A (Agricultural) Zone District. Lot 8 of Grandview Highland Estates Subdivision; being part of Section 34, T2N, R68W of the 6th P.M., Weld County, CO North of and adjacent to Holly Street; approximately 500 FT East of County Rd 7 Size of Parcel: +/- 4.77 acres Parcel No. 1313-34-2-01-005 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: Left Hand Water District, referral dated April 26, 2018 Weld County Department of Public Health and Environment, referral dated July 25, 2018 Weld County Department of Public Works, referral dated July 30, 2018 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Note Noif V V v! Town of Firestone, referral dated May 25, 2018 Weld County Zoning Compliance, referral dated July 6, 2018 Weld County Sheriffs Office, referral dated July 6, 2018 Frederick -Firestone Fire Protection District, referral dated July 6, 2018 Town of Frederick, referral dated July 9, 2018 City of Dacono, referral dated July 10, 2018 Town of Erie, referral dated July 23, 2018 The Department of Planning Services' staff has not received responses from the following agencies: Saint Vrain Valley School District RE -1J Weld County Building Department USR18-0066 I Owens - Page 1 of 7 Planner: Case Number: Owner/Applicant: Address: Request: Legal Description: Location: Size of Parcel: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Angela Snyder Hearing Date: August 7, 2018 U SR18-0066 Randall and Tani Owens 3125 Holly Street, Erie, CO 80516 A Site Specific Development Plan and Use by Special Review Permit for one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family dwelling unit) in the A (Agricultural) Zone District. Lot 8 of Grandview Highland Estates Subdivision; being part of Section 34, T2N, R68W of the 6th P.M., Weld County, CO North of and adjacent to Holly Street; approximately 500 FT East of County Rd 7 +/- 4.77 acres Parcel No. 1313-34-2-01-005 The applicants are requesting a Site Specific Development Plan and Use by Special Review Permit for a second single-family dwelling. The parcel is located in Grandview Highland Estates, which is an A (Agricultural) zoned subdivision. The subdivision is south of and adjacent to Tipple Parkway (County Road 16) and east of and adjacent to Aggregate Boulevard (County Road 7). A USR for a second home is required because the parcel is in a subdivision. The property owners live in the primary home. The proposed second dwelling is intended to be used as a residence for the applicants' parents. 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 22-2-20.F.3. - A. Policy 6.3. states, "Encourage multi -generational, caretaker, guest and accessory quarters." The proposed second single family dwelling is for a residence for family members. Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." USR18-0066 I Owens - Page 2 of 7 There is currently water and septic service provided to the property. Water is provided by Left Hand Water District (LHWD). The LHWD letter, dated May 23, 2018 states that service can be made available to a second residence on the property through the purchase of an additional tap. The septic system (Septic Permit P-0466137) is permitted for 4 bedrooms. The primary dwelling has 2 bedrooms and the proposed second dwelling will also have two bedrooms. The application indicated that the septic system would be shared by both residences. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.M. of the Weld County Code allows for one (1) single-family dwelling unit per lot other than those permitted under section 23-3-20.A. (second single-family dwelling unit) in the Agricultural (A) Zone District. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Thirty (30) lots were created by the Grandview Highland Estates subdivision ranging from four (4) to six (6) acres. One six -acre lot was divided into two three (3) acre lots. Two lots are covered by Use by Special Review Permit SUP -60 to be used for a poultry operation. The remaining lots are used for rural residential homes or are vacant. The subdivision is surrounded on all sides by the Town of Frederick. Urban -scale, residential subdivisions border the subdivision on three sides, North, East, and South, and urban -scale development is being planned on the fourth side, West. The increase in residential density as a result of the proposed second dwelling is consistent with surrounding land uses. There are five Use by Special Review Permits within one (1) mile of the proposal: USR- 1179 Water Tanks, SUP -60 Poultry Operation, USR-1186 Residence and Accessory Building, USR-512 Storage of Farm Equipment and USR-1104 Residence. The Weld County Department of Planning Services sent notice to fifteen (15) surrounding property owners. Planning staff received no letters in opposition to this USR. [ Section 23-2.220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Towns of Erie, Firestone, and Frederick and the City of Dacono and within the Intergovernmental Agreement (IGA) boundaries of the Towns of Firestone and Frederick. All municipalities responded with no concerns. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. USR18-0066 I Owens - Page 3 of 7 P. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The soil designation for the site is "Irrigated Land not Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is not irrigated and this proposal will not remove any land from agricultural production. C. 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 USR18-0066 (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. Show and label all recorded rights -of -way and easements on the lot. (Department of Planning Services) 5. Show and label the locations and setbacks of the existing home and proposed second home. (Department of Planning Services) County Road 14.75 (Holly Street) is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right- of-way. The applicant shall delineate on the site plan the existing right-of-way. The applicant shall also delineate the physical location of the roadway. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) Show and label the approved access location, approved access width and the appropriate turning radii (25') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 8. The applicant shall show the drainage flow arrows. (Department of Public Works) 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) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning USR18-0000 I Owens - Page 4 of 7 Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 6. Prior to the issuance of the Certificate of Occupancy: A. An on -site wastewater treatment system is required for the proposed residence and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public Health and Environment) 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR18-0066 I Owens - Page 5 of 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Randall and Tani Owens USRI 8-0066 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0014, for one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single- family dwelling unit), in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The property owner shall control noxious weeds on the site. (Department of Public Works) 4. 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. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 9. 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) 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. 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 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. 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 USR18-0066 I Owens - Page 6 of 7 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. 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. USR18-0000 I Owens - Page 7 of 7 July 19, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 OWENS RANDALL & TANI 3125 HOLLY ST ERIE, CO 805169408 Subject: USR18-0066 - A Site Specific Development Plan and Use by Special Review for a Second Single -Family Dwelling in the A (Agricultural) Zone District On parcel(s) of land described as: GHE-8 L8 GRANDVIEW HIGHLAND ESTATES; PART OF SECTION 34, T2N, R68W 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 15, 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, Angela Snyder Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 July 06, 2018 OWENS RANDALL & TANI 3125 HOLLY ST ERIE, CO 805169408 Subject: USR18-0066 - A Site Specific Development Plan and Use by Special Review for a Second Single -Family Dwelling in the A (Agricultural) Zone District On parcel(s) of land described as: LOT 8 GRANDVIEW HIGHLAND ESTATES; PART OF SECTION 34, T2N, R68W 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: Dacono at Phone Number 303-833-2317 Erie at Phone Number 303-926-2700 Frederick at Phone Number 720-382-5500 Firestone at Phone Number 303-833-3291 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, f�1t �£.i _r,; Angela Snyder Planner FIELD CHECK Inspection Date: 07/25/2018 Case Number: USR18-0066 Applicant: Randall and Tani Owens 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 8 of Grandview Highland Estates Subdivision; being part of Section 34, T2N, R68W of the 6th P.M., Weld County, CO Location: North of and adjacent to Holly Street; approximately 500 FT East of County Rd 7 Total Size of Parcels: +/- 4.77 acres Parcel Number: 1313-34-2-01-005 Zoning Land Use N A (Agricultural) N Rural Residential / Subdivision E A (Agricultural) E Rural Residential / Subdivision S A (Agricultural) S Rural Residential / Subdivision W A (Agricultural) W Rural Residential / Subdivision COMMENTS: The site is located on Holly Street which is an internal subdivision road and contains one existing single-family residence. There is a single access to the property on the east side of the southern property boundary. There are several outbuildings on the property, including barns and sheds. The proposed second home is to be in front of the existing residence to the south. AngelaSnyder, Planned Hello