HomeMy WebLinkAbout20182175.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Michael Hall Hearing Date: June 19, 2018
Case Number: USR18-0014
Owner/Applicant: Valley Oak Drive, LLC c/a Troy and Dawna Armstrong, Managers
Address: 515 N 66th Avenue, Greeley, CO 80634
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 8 of J B Acres Subdivision 3rd Filing; being part of the S2SW4 of Section 33, T6N,
Description: R66W of the 6th P.M., Weld County, CO
Location: West of and adjacent to N 66th Avenue; approximately 0.13 miles north of C Street
Size of Parcel: +/- 1.65 acres Parcel No. 0805-33-3-02-008
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:
Weld County Department of Public Works, referral dated March 16, 2017
Weld County Department of Public Health and Environment, referral dated March 22, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
City of Greeley, referral dated March 3, 2018
Y Greeley Fire Department, referral dated, February 19, 2018
Y West Greeley Conservation District, referral dated March 12, 2018
Y Weld County Zoning Compliance, referral dated February 16, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Y North Weld County Water District
Y Weld County Building Department
Y Greeley -Evans School District RE -6
USR18-0014 I Valley Oak Drive, LLC - Page 1 of 7
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Michael Hall Hearing Date: June 19, 2018
Case Number: USR18-0014
Owner/Applicant: Valley Oak Drive, LLC c/a Troy and Dawna Armstrong, Managers
Address: 515 N 66th Avenue, Greeley, CO 80634
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 8 of J B Acres Subdivision 3rd Filing; being part of the S2SW4 of Section 33, T6N,
Description: R66W of the 6th P.M., Weld County, CO
Location: West of and adjacent to N 66th Avenue; approximately 0.13 miles north of C Street
Size of Parcel: +/- 1.65 acres Parcel No. 0805-33-3-02-008
Case Summary:
The applicants are requesting a Site Specific Development Plan and Use by Special Review Permit for a
second single-family dwelling on their approximately 1.65 acre parcel of land. The parcel is located in J B
Acres 3rd Filing (4 lots - recorded January 21, 1970) which is an (A) Agricultural zoned subdivision. The
subdivision is located approximately 0.1 miles north of C Street and the City of Greeley municipal
boundaries and directly north of J B Acres 2nd Filing. A USR for a second home is required because the
parcel is in a subdivision. According to the application, the existing primary home will be used as a
residence for the applicant's mother-in-law and the proposed second dwelling is intended to be used as a
residence for the applicants. The proposed second home will be located within a proposed 2,808 square
foot outbuilding/shop.
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.
USR18-0014 I Valley Oak Drive, LLC - Page 2 of 7
Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
There is currently water and septic service provided to the property. Water is provided by
North Weld County Water District (NWCWD) meter # 1077 002. The NWCWD letter,
dated October 23, 2017 states no concerns with allowing the existing meter to be used
for a USR for a second home. The existing septic system for the main residence was
reviewed under SE -1700032 in December of 2017 and it was determined the system was
not failing but not enough information was provided to determine adequate sizing. The
applicants indicated either a new septic system will be installed to serve both residences
or an individual system will be installed for the new dwelling unit.
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.
There are nineteen (19) lots created by J B Acres Filings 1 through 4 and the sizes of the
lots within J B Acres range between 1.5 and 3.5 acres. The use of the other J B Acres
lots is residential. Outside of J B Acres, there are several nearby parcels located within
unincorporated Weld County, created by recorded exemptions and are zoned A
(Agricultural). The City of Greeley has annexed large portions of the area around J B
Acres, but no lots immediately adjacent to the site. The properties south of J B Acres and
south of C Street are all located in the City of Greeley. The use of these nearby parcels is
for residential and agricultural purposes which is consistent with the area. The proposed
second home appears to be compatible and does not detract from the surrounding land
uses.
There is one Use by Special Review Permit (USR-1587 - kennel for 30 cats) issued on
Lot 13 of J B Acres 2nd Filing on N 67th Avenue, located southwest of the subject site.
There are several Use by Special Review Permits issued within one mile of the site and
are clustered to the north of the site along the Cache La Poudre River. 2AMUSR-897 for
a mineral resource development facility is located approximately 0.28 miles to the
northwest. USR-900 for gravel mining is located approximately 0.31 miles to the north.
MUSR15-0010 for an excavating company and storage is located approximately 0.6
miles to the north.
The Weld County Department of Planning Services sent notice to eighteen (18)
surrounding property owners. Planning staff received fourteen (14) letters in opposition to
this USR. One (1) letter was custom (Exhibit 1) and thirteen (13) were identical form
petition letters (Exhibit 2). All letters were from surrounding property owners within 500
feet of the proposed USR boundary and outlined questions and concerns with lowering
property values and changing the neighborhood's single-family residential dynamic. The
conditions of approval and Development Standards should adequately address these
concerns.
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.
USR18-0014 I Valley Oak Drive, LLC - Page 3 of 7
The site is located within the three (3) mile referral area of the City of Greeley. The City of
Greeley in their referral comments, dated March 3, 2018 provided advisory information.
This site is within Greeley's Long Range Expected Growth Area. Proposed developments
within this area should be compatible with the City's Development Code, specifically,
second home size criteria. The site is not located within an Intergovernmental Agreement
(IGA) boundary.
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.
The soil designation for the site is "Other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Due to the classification given, the proposed
USR will not take "Prime (Irrigated)" Farmland out of 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 USR18-0014 (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)
USR18-0014 I Valley Oak Drive, LLC - Page 4 of 7
6. N 66th Avenue is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Department of Public Works)
7. Show and label the approved access locations, 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)
9. 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
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)
USR18-0014 I Valley Oak Drive, LLC - Page 5 of 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Valley Oak Drive, LLC
USR18-0014
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
USR18-0014 I Valley Oak Drive, LLC - 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.
USR18-0014 I Valley Oak Drive, LLC - Page 7 of 7
April 25, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
ARMSTRONG TROY
3001 VALLEY OAK DR
LOVELAND, CO 80538
Subject: USR18-0014 - 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 parcel(s) of land described as:
LOT 8 JB ACRES 3RD FILING; PART OF SECTION 33, T6N, R66WOF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 19, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on July 25, 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,
Michael Hall
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mhall@weldgov.com
PHONE: (970) 353-6100, Ext. 3528
FAX: (970) 304-6498
February 15, 2018
ARMSTRONG TROY
3001 VALLEY OAK DR
LOVELAND, CO 805388918
Subject: USR18-0014 - 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 parcel(s) of land described as:
LOT 8 JB ACRES 3RD FG; PART OF SECTION 33, T6N, R6W 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:
Greeley at Phone Number 970-350-9780
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
/ i",
Michael Hall
Planner
FIELD CHECK
Inspection Date: 6/7/2018
Case Number: USR18-0014
Applicant: Valley Oak Drive, LLC do Troy and Dawna Armstrong, Managers
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 J B Acres Subdivision 3rd Filing; being part of the S2SW4 of
Section 33, T6N, R66W of the 6th P.M., Weld County, CO
Location: West of and adjacent to N 66th Avenue; approximately 0.13 miles north of
C Street
Size of Parcel: +/- 1.65 acres
Parcel No. 0805-33-3-02-008
Zoning
Land Use
N
A (Agricultural)
N
Residential (Subdivision)
E
A (Agricultural)
E
Residential (Subdivision)
S
A (Agricultural)
S
Residential (Subdivision)
W
A (Agricultural)
W
Residential (Subdivision)
COMMENTS:
The site extends west from 66th Avenue. There is one access point into the property. There is
one residence on the property. The proposed second home will be located to the north of the
existing residence in the side yard which is currently open. One outbuilding was observed. The
properties surrounding the site are residential and are part of J B Acres Subdivision.
Michael Hall, Planner
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