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Home My WebLink About20162664.tiffHEARING CERTIFICATION DOCKET NO. 2016-70 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0017, 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 - CRAIG AND CORY ROEHRS A public hearing was conducted on September 7, 2016, at 10:00 a.m. with the following present: Commissioner Mike Freeman, Chair Commissioner Sean P. Conway, Pro-Tem Commissioner Julie A. Cozad Commissioner Barbara Kirkmeyer Commissioner Steve Moreno Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative, Ryder Reddick Public Works Department representative, Evan Pinkham Planning Services Engineer representative, Hayley Brown Health Department representative, Lauren Light The following business was transacted: Pa I hereby certify that pursuant to a notice dated July 22, 2016, and duly published July 27, 2016. in the Greeley Tribune, a public hearing was conducted to consider the request of Craig and Cory Roehrs, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0017, 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. Bob Choate, Assistant County Attorney, made this a matter of record. Ryder Reddick, Department of Planning Services, presented a brief summary of the proposal and site location in relation to relevant County Roads. He stated ten (10) referrals were sent out and four (4) responses were received with comments. Mr. Reddick stated the site is located in the Highland Estates Subdivision located adjacent to the municipal boundaries of the Town of Mead. He explained the intent is to utilize the second dwelling for multigenerational care. He stated two (2) letters of objection were received from surrounding property owners: however, he pointed out on the map that the complainants do not live adjacent to the applicant and, in fact, each live over a quarter of a mile away. Mr. Reddick displayed images of the site and surrounding properties. In response to Commissioner Conway, Mr. Reddick clarified the distance to the complainants. In response to Commissioner Kirkmeyer, Mr. Reddick verified the size of the parcel. Evan Pinkham, Public Works Department representative. provided a brief overview of the transportation plans and requirements and stated the site is accessed from County Road (CR) 38 which is maintained and owed by the Town of Mead. e L ie6, &bk-s 2016-2664 PL2438 HEARING CERTIFICATION - CRAIG AND CORY ROEHRS (USR16-0017) PAGE 2 Hayley Brown, Planning Services Engineer representative. presented the drainage and grading requirements within the Conditions of Approval (COA) and Development Standards (DS). 2 Lauren Light, Department of Public Health and Environment. reviewed the water and sewer provisions and stated that water is provided by the Little Thompson Water District and the septic is provided by a permitted septic system that must be expanded before the Certificate of Occupancy is issued for the second dwelling. She stated that DS #3-7 address Environmental Health items. Mr. Reddick interjected that Planning Commission did recommend approval. Craig Roehrs, applicant. stated he has procured letters of support from surrounding neighbors and explained the purpose and intent for the small additional dwelling in conjunction with the general use of the property. He described his property as a small hobby horse farm and explained the second dwelling will be used to care for his mother-in-law for the duration of her life and, thereafter, as a potential living quarters for grown children as percentages indicate children live at home longer. Mr. Roehrs provided reasons in conjunction with specific references to the Weld County Code to address compatibility and consistency with the intent of the A (Agricultural) Zone District and with the surrounding land uses. He displayed photos of his property. plans for the second dwelling, and similar outbuildings on other properties in the subdivision that support the effort of consistency within the proposal. Mr. Roehrs further explained the non -impact this will have on the neighbors with no additional access or traffic and he testified to his effort to discuss plans with surrounding property owners and the support he received from these actions. Patrick Chandler, contractor, stated he has been working on this project for five (5) months and explained the process of deciding between an addition to the existing house versus a free standing second dwelling. Mr. Chandler clarified it made more sense to build the second dwelling and he described it as a modest, single -story wood structure with two (2) bedrooms and conveyed the specifications have been approved by the Weld County Department of Planning Services. Al Roberts. surrounding property owner, stated there are current outbuildings that have never been permitted. He further stated the zoning does not support this use and that Mr. Roehrs had mentioned using this property for a rental during the Planning Commission hearing. He further cited the site is smaller than the required size for an auxiliary dwelling and expressed his concerns in relation to specific Code requirements regarding auxiliary dwellings. In response to Commissioner Cozad, Mr. Roberts stated the subdivision does not have a Homeowner's Association but it does have covenants. Commissioner Kirkmeyer clarified that the application is for a Use by Special Review Permit, not for auxiliary quarters, and she explained the different Code requirements regarding each and what the Board is required to consider in light of the proposal. Mr. Roberts reported the questionnaire stated auxiliary living quarters. In response to Commissioner Kirkmeyer. Mr. Roehrs stated the covenants have been terminated due to dormancy. U. In response to Chair Freeman, Mr. Roehrs indicated no concerns with the Conditions of Approval and Development Standards. 2016-2664 PL2438 HEARING CERTIFICATION - CRAIG AND CORY ROEHRS (USR16-0017) PAGE 3 Commissioner Kirkmeyer suggested deleting DS #3. The Board agreed. Commissioner Kirkmeyer expressed her support of this application and cited her findings before continuing with her recommended changes. She suggested deleting DS #4, changing DS #7 to delete the words, "state and federal and', and deleting DS #8 and #11. After further discussion. Mr Choate interjected the option to relocate DS #12 to become Condition of Approval (COA) #6.B. The Board agreed to all the aforementioned amendments. Commissioner Cozad stated this is not an auxiliary structure, it is a Permit for a Use by Special Review. She reviewed A.Policy 6.3 encouraging multigenerational caretaker. guest and accessory quarters. She expressed her concern over the lack of senior housing available in the County and applauded the effort by the applicant to provide housing for his mother-in-law and the importance of keeping families together. Commissioner Cozad conveyed her agreement with the comments and findings of Commissioner Kirkmeyer and further stated the applicant did a good job regarding compatibility and consistency of the intent of the A (Agricultural) Zone District, is not removing prime farm ground. and there were no concerns from either the Town of Mead or the Town of Berthoud. Commissioner Conway concurred with the comments of the other Commissioners and stated the applicant did a good job with the application. He further stated the application is consistent with Chapter 22 of the Weld County Code and is compatible and consistent with the requirements therein Commissioner Conway agreed with the intent of the applicant and applauded his efforts to reach out to the neighbors. Chair Freeman expressed his agreement and stated the immediate support from the surrounding neighbors speaks to the effort made to mitigate by the applicant. Commissioner Moreno also stated his support and complimented the applicant on his preparation and his efforts to communicate with the neighbors. 2 In response to Chair Freeman. Mr. Roehrs indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. e Commissioner Cozad moved to approve the request of Craig and Cory Roehrs, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0017, for One (1) Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second single family dwelling unit) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended and entered into the record. The motion was seconded by Commissioner Conway. Commissioner Cozad expressed her appreciation for Mr. Roberts and the public for being present and encouraged neighborly conduct in the future. a Commissioner Kirkmeyer began by thanking Mr. Roberts for his prior service to the County Council and she provided the history behind the creation of the Code provision regarding auxiliary living quarters for multigenerational caregiving and thanked the Roehrs for coming forward with something that perfectly reflects those additions to the Code. la Commissioner Conway also thanked Mr. Roberts for participating in the process and the applicant for doing a great job. Chair Freeman concurred. There being no further discussion, the motion carried unanimously and the hearing was completed at 11:22 a.m. 2016-2664 PL2438 HEARING CERTIFICATION - CRAIG AND CORY ROEHRS (USR16-0017) PAGE 4 This Certification was approved on the 12th day of September, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: Wdzict) jdocka Weld County Clerk to the Board BY: i) APP R ( 'ma' 4, Mike Freeman, Chair rbara Kirkmeyer 2 ounty Attorney Date of signature: q 9g1 Steve Moreno 2016-2664 PL2438 ATTENDANCE_LIcT DATE CI— 1 NAME - PLEASE PRINT LEGIBLY ADDRESS CITY ST ZIP EMAIL PA -i1/404 SC i 6 r l gsq tan Aye Co 60(03 1 to ta.nct.a e.t, KA s IA com 4 ?GtCE Cr - Ito( Scti k/k. “y- wvk ROC() egv-,, 1 s-(�Z 12) Ltd d ly o 49-clite i4 e l mheq AAt 3,i6 £4cA9f/44t4 rkti-9F L C "?ta tV i v Cff LeAl irS' 3;5g0 C -g- c ille.ar1 Co 5 `f g. for rc 4'irs hnt/n, LAI y' ZOthi 33&) CI -3S Mead CO ?v �� (6). r ro�� sAMma,i,row> Coda 'o,. er , ua` (frconl tr......A.04. 5 1.o.(r_e_uJ.0; CO 80 ZZ'nd coo) LaSai.C ti ivss S S4� � rec -C Co.t "k e- C C % of U, r R S S - e f1 tAt I. `-, Y ( _S w. t s,L a ok C Coo ?c c�, raep � ,j Cc. Sc 4. -ire T -z ((t r. 7s. 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