HomeMy WebLinkAbout20160318.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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: USR15-0055
APPLICANT: DAVID&HOLLY NOVAK
PLANNER: DIANA AUNGST
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 1 BLOCK 2 RANCH EGGS INC SUB FG#2 FIRST RPLT;PART OF SECTION
34,Ti N, R68W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO JOHNSON LANE AND APPROXIMATELY 0.25
MILES EAST OF CR 7.
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 second single-family dwelling will be occupied by family members/caregivers. Since this
parcel is located in a subdivision a USR is required for the addition of a second home.
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.which allows for 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.
C. Section 23-2-220.A.3—The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent parcels are utilized as rural residential properties in Ranch Egg Subdivision. The
closest residence is approximately 75 feet west of the site.
There are thirteen(13)USRs located within one mile of this parcel and west of 1-25.USR-1044
for an accessory structure in a subdivision, and SUP-97 for egg production, USR-748 for
furniture manufacturing, USR-1077 for a 24 inch natural gas line, USR-1359 for a home
business,SUP-54 for a pump house,USR-749 for a home business and an accessory structure
in a subdivision, USR-1581 for a landscaping business, and USR-1128 for a dog kennel and
are all north of the site. USR-1630 for a church, USR-984 for an accessory structure in a
. subdivision, USR-1627 for a church and a school are all south of the site,and USR-1426 for a
recreational facility and soccer fields is located south of the site. The Weld County Department
of Planning Services has not received any correspondence from the surrounding property
owners that objects to this USR. The Development Standards ensure that there are adequate
services and facilities available.
EXHIBIT ,
7n,5
,A0/ 03/g
RESOLUTION USR15-0055
DAVID&HOLLY NOVAK
PAGE 2
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 Town of Erie and the Cities of
Northglenn and Dacono. The Town of Erie's referral dated September 9,2015,and the City of
Dacono's referral dated September 9, 2015, both indicated no concerns. The City of
Northglenn did not respond with any 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 site is not is the floodplain.
The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area.
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 proposed facility is located on approximately 5 acres"Prime(Irrigated) per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The site has been historically
utilized for residential uses.
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:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR15-0055. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of
Planning Services)
4) Show and label the approved access(AP15-00471),and the appropriate turning radii on the
site plan. (Department of Planning Services-Engineer)
RESOLUTION USR15-0055
DAVID&HOLLY NOVAK
PAGE 3
2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies
or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
• of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat 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 plat
. 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 CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsaco.weld.co.us. (Department of Planning Services)
5. Prior to the issuance of the Certificate of Occupancy:
A. On-site Wastewater Treatment System(OWTS)permits are required to install or connect OWTS
for the proposed residences. These septic systems shall be installed according to the Weld
County On-site Wastewater Treatment System Regulations. (Department of Public Health and
Environment)
6. 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 Michael Wailes.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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.
RESOLUTION USR15-0055
DAVID&HOLLY NOVAK
PAGE 4
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 January 12, 2016.
Dated the 12th of January, 2016.
��7Lti'1(X,l1. Digitally signed byKr tine Ranslem
/-Date:2016.01.14 09:22:46-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
David & Holly Novak
USR15-0055
1. A Site Specific Development Plan and Use by Special Review Permit,USR15-0055,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 structure on the trailer chassis shall be stored on the lot but not lived in. (Department of Planning
Services)
4. Should noxious weeds exist on the property or become established as a result of the proposed
development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Chapter 15,Articles I and II,of the Weld County Code.(Department of Planning Services-Engineer)
5. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking. (Department of Planning Services- Engineer)
6. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Planning Services-Engineer)
7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
8. 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)
9. 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)
10. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
11. 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)
12. 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)
13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct,nor reflected,light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused
with, or construed as, traffic control devices. (Department of Planning Services)
14. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code;2014
National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado
engineer shall be required or an open hole inspection. (Department of Building Inspection)
RESOLUTION USR15-0055
DAVID &HOLLY NOVAK
PAGE 6
15. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
RESOLUTION USR15-0055
DAVID&HOLLY NOVAK
PAGE 7
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.
PC aim u s
1 - 12 - 10
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 12, 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Jordan Jemiola, at 12:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stifle, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman.
Absent: Terry Cross.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Department of Planning Services; Wayne
Howard, and Jennifer Petrik, Department of Planning Services — Engineering Division; Lauren Light and
Ben Frissell, Department of Health; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the January 5, 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: USR15-0055
APPLICANT: DAVID& HOLLY NOVAK
PLANNER: DIANA AUNGST
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 1 BLOCK 2 RANCH EGGS INC SUB FG #2 FIRST RPLT; PART OF
SECTION 34,Ti N, R681.4/OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO JOHNSON LANE AND APPROXIMATELY
0.25 MILES EAST OF CR 7.
Diana Aungst, Planning Services, presented Case USR15-0055, 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.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
David Novak, 3260 Johnson Lane, stated that the existing modular home on site will be removed after the
first home is constructed. The second home is currently being designed but will not be built right away; it
will be built sometime in the future.
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 USR15-0055 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 Benjamin Hansford, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman.
EXHIBIT
mayoI�S�iIl�
Meeting adjourned at 3:45 pm.
Respectfully submitted,
igned Kristi Digitally by 0 :15: 5-070slem
0'
y�, Date:2016.01.14 08:15:35-07'00'
Kristine Ranslem
Secretary
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