HomeMy WebLinkAbout20172983BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, 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:
USR17-0026
K & M COMPANY, LLLP
RYDER REDDICK
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT (SECOND DWELLING
UNIT) PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
IN THE A (AGRICULTURAL) ZONE DISTRICT.
BEING PART OF THE SE4 SECTION 16, T7N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 80.5 AND WEST OF AND ADJACENT TO CR
19.
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 would be built for the primary purpose of being used
as a second dwelling supporting the extra help needed for the caretaking of the agricultural
related business on site.
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 provided to the property and the existing primary residence on
site. North Weld County Water District provides the water to the primary residence through meter
#3244 002 and intends to supply water to the proposed secondary dwelling as stated in their letter
provided in the USR application dated May 2, 2017. The existing septic system permitted on the
property for the primary residence is sized for up to 4 bedrooms and is permitted under permit #SP -
1200265. According to the Department of Public Health and Environment referral dated May 26, 2017
a new septic system can be built on site and will need to be built to accommodate the new residence
if this USR is approved.
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. 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 Agriculture (A) Zone District.
The proposed second residence will be used primarily for farm hand help for the farming operation on
site. The second residence will be used to help maintain the use by right farming activities on site and
is consistent with the intent of the A agricultural zone district as it is a use that is allowed through
approval of a use by special review permit.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
RESOLUTION USR17-0026
K & M COMPANY, LLLP
PAGE 2
The use and size of the lots around the property in question are either primarily single family
residences on agricultural zoned parcels that range between 3 and 5 acres in size. Or large
Agricultural zoned parcels actively being farmed that range between 70 and 300 acres in size.
The adjacent land uses surrounding the +/-145-acre parcel, include one Use by Special Review
Permit permitted through MUSR16-0001 for a solar array facility owned by the silicon ranch
corporation directly north of the parcel. There are also six (6) Use by Special Review permits that
have been permitted within 1 mile of the proposed site which include three (3) permitted for feed lots
and dairy's and three (3) permitted for second single family residences.
The proposed USR for a second residence primarily to be used for farmhand help is compatible with
the existing surrounding residential and agricultural land uses.
The Weld County Department of Planning Services has received no responses from the surrounding
property owners in opposition to this 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 Town of Severance and the Town of
Windsor and is located within both jurisdictions coordinated planning agreement boundaries. Neither
town provided referral comments.
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 second home site is being proposed as a need for the continuing farming operation on the
proposed +/-145-acre parcel of land and the proposed location for the second residence is in the
northwest corner of the parcel next to the primary residence currently on the property. This northwest
corner of the parcel is located northwest of the Larimer County Canal which acts as a border on the
property from the Prime irrigated farmed area to the southeast of the canal and the housing and
equipment storage area located in the irrigated not prime farmland to the northwest of the canal where
the second home is proposed to be located.
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.
RESOLUTION USR17-0026
K & M COMPANY, LLLP
PAGE 3
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1 Prior to recording the map:
A. The applicant shall address the requirements of Weld County School District RE -4, as stated in the
referral response dated May 15, 2017. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
B. The Map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0026 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. County Road 80.5 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 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. County Road 19 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 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)
6. County Road 80 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
7 Show and label the approved access locations as (AP17-00314), and the appropriate turning
radii (60') on the map. (Department of Public Works)
8. 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)
9. Show and label the section line Right -of -Way as "CR 80 Section Line Right -Of -Way, not County
maintained" (Department of Public Works)
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)
RESOLUTION USR17-0026
K & M COMPANY, LLLP
PAGE 4
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 State Plane Colorado
North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps(c�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 second 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)
Motion seconded by Bruce Sparrow.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
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 August 15, 2017.
Dated the 15th of August, 2017
4 , vita 41natemeu
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
K&M Company, LLLP
USR17-0026
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0026, 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. 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 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. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
13. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
14. 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.
RESOLUTION USR17-0026
K & M COMPANY, LLLP
PAGE 6
15. 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.
16. 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.
17. 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.
18. 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.
RESOLUTION USR17-0026
K & M COMPANY, LLLP
PAGE 7
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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 15, 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,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
Also Present: Ryder Reddick and Chris Gathman, Department of Planning Services; Michelle Martin,
Department of Planning Services - Engineering Division; Lauren Light, Department of Health; Evan
Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 1, 2017 Weld County Planning Commission minutes, Moved by Gene Stifle,
Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 17-0026
K & M COMPANY, LLLP
RYDER REDDICK
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT (SECOND DWELLING
UNIT) PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-
20.A IN THE A (AGRICULTURAL) ZONE DISTRICT.
BEING PART OF THE SE4 SECTION 16, T7N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 80.5 AND WEST OF AND ADJACENT TO
CR 19.
Ryder Reddick, Planning Services, presented Case USR17-0026, 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.
Michelle Martin, Engineering, reported on the drainage conditions for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Tom Moore stated that he represents the family partnership K & M Company, LLLP. He said that the
second home is for their employee. He added that they farm about 1000 acres.
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 he has read through the Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR17-0026 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 Gene Stille, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope.
Meeting adjourned at 4:08 pm.
1
Respectfully submitted,
ean4•Lin,
Kristine Ranslem
Secretary
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