HomeMy WebLinkAbout20171896.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR 17-001 1
MICHEAL & BROOKE MORELOCK
MICHAEL HALL
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 2 BLOCK 2 NELSON SUBDIVISION, PART OF SECTION 24. Ti N. R66W OF
THE 6TH P M.. WELD COUNTY, COLORADO
WEST AND ADJACENT TO APPALOOSA AVENUE. APPROXIMATELY 0.1 MILES
SOUTH OF SHETLAND STREET
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. It is the opinion of the Planning Commission 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. -
There is currently water and septic service provided to the property. Well Permit # 183275 allows for
ordinary household purposes inside two single family dwellings as stated in the Colorado Division of
Water Resources referral letter. dated February 27, 2017. There is an existing septic system. permit #
G19940519. for the existing home (2375 Appaloosa Avenue) and is sized for three bedrooms. A new
septic system will be applied for and installed for the proposed second home.
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.
The use and size of the other Nelson Subdivision lots around the property is primarily rural residential
and parcels range between 2 and 7.5 acres in size. The properties north of Nelson Subdivision are
located within the Green Acres Subdivision with the exception of several recorded exemption lots. The
properties to the south of Nelson Subdivision are mainly recorded exemption lots The use of these
nearby parcels is for rural residential and agricultural purposes which is consistent with the area. This
proposed permit is for a second residence for family members which would complement and not
detract from the existing surrounding residential land uses
RESOLUTION USR17-0011
MICHEAL & BROOKE MORELOCK
PAGE 2
There are currently no Use by Special Review Permits issued in the Nelson Subdivision. There are
several Use by Special Review Permits issued within one mile of the site SUP -410 for a storage yard
for equipment for a house -moving operation is located approximately 0.2 miles to the south USR-
1244 for a kennel (up to 12 dogs) is located approximately 0 25 miles to the north. USR16-0028 for a
12" natural gas pipe line is located approximately 0 4 miles to the south USR-522 for gravel mining is
located approximately 0.75 miles to the northwest. SUP -474 for extraction of borrow material is
located approximately 0.9 miles to the northeast.
The Weld County Department of Planning Services did not receive any responses from surrounding
property owners regarding the proposed application
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 City of Brighton, the Town of Hudson, the
Town of Lochbuie and Adams County. The Town of Hudson in their referral comments. dated March 8.
2017 indicated that they have no concerns No responses were received from the City of Brighton. the
Town of Lochbuie or Adams County
The site is not located within any existing Intergovernmental Agreement Area (IGA) or Urban Growth
Boundary (UGB) of a municipality.
Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl, of the Weld
County Code_
The site is not located in a floodplain_
The site is not located in the Geologic Hazard Overlay
The site is not located in the A -P (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.
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 home site is located on approximately 6.015 acres in a platted subdivision. 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 Planning Commission recommendation for approval is conditional upon the following
Prior to recording the map
RESOLUTION USR17-0011
MICHEAL & BROOKE MORELOCK
PAGE 3
A. The Map shall be amended to delineate the following.
1 All sheets of the map shall be labeled USR17-0011 (Department of Planning Services)
2 The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.0 of the Weld County Code.
(Department of Planning Services)
4 Appaloosa Avenue is a gravel road and is designated on the Weld County Road Classification
Plan 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)
5 Show and label the approved accesses (AP17-00142), and the appropriate turning radii on the
site plan. (Department of Public Works)
6 The applicant shall show and label the utility easements on the lot. (Department of Planning
Services - Engineer)
2. 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)
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(cr�co.weld.co.us (Department of
Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start
of construction. (Department of Planning Services - Engineer)
6. 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)
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)
RESOLUTION USR17-0011
MICHEAL & BROOKE MORELOCK
PAGE 4
Motion seconded by Michael Wailes.
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage Absent
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_
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 June 20. 2017.
Dated the 20th of June. 2017
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Micheal W. & Brooke R. Morelock
USR17-0011
A Site Specific Development Plan and Use by Special Review Permit. USR17-001 1, for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.k (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. Waste materials shall be handled. stored. and disposed in a manner that controls fugitive dust. fugitive
particulate emissions. blowing debris, and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14. Article 1 of the Weld County Code. (Department of Public Health and
Environment)
4. Fugitive dust should attempt to be confined on the property Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
5. A permanent. adequate water supply shall be provided for drinking and sanitary purposes (Department of
Public Health and Environment)
6. 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)
7. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
8. The property owner shall control noxious weeds on the site (Department of Public Works)
9. 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)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. The historical flow patterns and runoff amounts on the site will be maintained (Department of Planning
Services - Engineer)
12. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
13. Necessary personnel from the Weld County Departments of Planning Services. Public Works. and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
14. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated. shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted Any other changes shall be filed in the office of the Department of Planning
Services.
15. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners_
RESOLUTION USR17-0011
MICHEAL & BROOKE MORELOCK
PAGE 6
16. 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.
17. 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.
t'&nis
-114
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 20, 2017
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 Chair,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross. Tom Cope.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Michael Hall, Department of Planning
Services; Hayley Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben
Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the June 6, 2017 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0011
MICHEAL & BROOKE MORELOCK
MICHAEL HALL
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 2 BLOCK 2 NELSON SUBDIVISION; PART OF SECTION 24, TIN, R66W
OF THE 6TH P M., WELD COUNTY, COLORADO.
WEST AND ADJACENT TO APPALOOSA AVENUE; APPROXIMATELY 0.1
MILES SOUTH OF SHETLAND STREET.
Michael Hall, Planning Services, presented Case USR17-0011, 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 and access to the site.
Hayley Balzano, Engineering, reported on the 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.
Micheal Morelock, 2375 Appaloosa Avenue, Brighton, Colorado, stated that he would like to build a home
for his parents to stay on site as they need help with their healthcare.
The Chair asked if there was anyone in 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.
Motion: Forward Case USR17-0011 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 Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross, Tom Cope.
1
Meeting adjourned at 5:30 pm.
Respectfully submitted,
Ranatefrt,
Kristine Ranslem
Secretary
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