HomeMy WebLinkAbout20161195.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. USR16-0004
APPLICANT MICHELLE WILSON
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 PART NE4NE4 SECTION 25 T2N. R68W OF THE 6TH P M WELD COUNTY.
COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 18 (GODDING HOLLOW PARKWAY) AND
ABOUT 925 FEET WEST OF CR 13 (COLORADO BLVD)
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.
tabbies Section 22-2-20. F. 3. - A. Policy 6. 3. states. 'Encourage multi-generational, caretaker. guest and
accessory quarters.
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m The second single-family dwelling will be occupied by family members/caregivers Additionally,
X the applicant would like to have the flexibility of renting this home in the future. Therefore a USR
is required for the addition of a second home to be used as a rental .
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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. "
The applicant is requesting a USR permit for a second single-family dwelling to be used as a
rental in the future The Conditions of Approval and Development Standards ensure that there
are adequate services and facilities available_
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 to the east and west are utilized as rural residential properties. The
adjacent properties to the north and south are in the Town of Frederick. The northern property is
Milavec Lake and a park/open space for the Town of Frederick and the property to the south is
Meadowlark Business Park also in the Town of Frederick.
There are seven (7) USRs located within one mile of this parcel. USR-443 and USR-537 for an
airport, parachuting operation and museum are located about one-sixth of a mile southwest of the
site USR- 1364 for an airstrip and helicopter landing area is located about one-third of a mile west
of the site. USR- 1378 for a lawn care business is located about four-tenths of a mile west of the
site USR- 1392 for 115kv electrical lines travels north and south along CR 11 (Silver Birch Blvd)
`8°41I
RESOLUTION USR16-0004
MICHELLE WILSON
PAGE 2
about eight-tenths of a mile west of the site. and USR- 1784 and USR-1743 both for second
single-family dwellings are located west of the site . The Weld County Department of Planning
Services has not received any correspondence from the surrounding property owners that object
to this USR .
The Conditions of Approval and Development Standards ensure that there are adequate services
and facilities available.
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 Towns of Frederick, Firestone and
Mead The Town of Mead and the Town of Firestone did not respond with any referral agency
comments. The Town of Frederick's referral dated March 8. 2016 . indicated that the proposed
USR complies with their Comprehensive Plan .
E Section 23-2-220.A. 5 -- The application complies with Chapter 23. Article V and XI , of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital
Expansion Impact Fee area .
The site is not in a floodplain
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 4 . 5 acres " Irrigated Land (Not Prime)" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR will not
take any "Prime ( Irrigated)" land 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 da ds (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.
Y
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.
RESOLUTION USR16-0004
MICHELLE WILSON
PAGE 3
A. The Environmental Health Services Division was unable to locate a septic permit for the septic
system serving the existing structure. A Statement of Existing and a review of the system shall
be completed . The review shall be submitted to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment. In the event the system is found
to be inadequately sized or constructed the system shall be brought into compliance with current
Regulations which may require connection to Saint Vrain Sanitation. (Department of Public Health
and Environment)
B The map shall be amended to delineate the following
1 ) All sheets of the map shall be labeled USR16-0004 . ( Department of Planning Services)
)
2) The attached Development Standards (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260_ D of the Weld County Code. (Department of
Planning Services)
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
w thin 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
maps@co.weld . co. us (Department of Planning Services)
5. 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 map 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 Joyce Smock.
VOTE
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
RESOLUTION USR16-0004
MICHELLE WILSON
PAGE 4
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 March 15 , 2016
Dated the 15t of March, 2016
Digitally signed by Kristine Ranslem
ZC_• 444,thivu, Date: 2016.03.16 13:20:17 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Michelle Wilson
USR16-0004
1 . A Site Specific Development Plan and Use by Special Review Permit. USR16-0004, 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 to 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 . The historical flow patterns and runoff amounts will be maintained on the site ( Department of Planning
Services - Engineer)
7 . 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)
8 . 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)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
10. 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)
11 . The facility shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
12 . 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)
13. 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 : 2011
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)
14 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
RESOLUTION USR16-0004
MICHELLE WILSON
PAGE 6
15. Necessary personnel from the Weld County Departments of Planning
p is a Wing 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.
16. 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.
17. 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_
18. 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
19. 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 USR16-0004
MICHELLE WILSON
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. March 15. 2016
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,
Jordan Jemiola. at 12:45 pm .
Roll Call.
Present Benjamin Hansford , Bruce Johnson , Bruce Sparrow. Gene Stille. Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman. Terry Cross.
Also Present: Diana Aungst. and Tom Parko. Department of Planning Services, Wayne Howard,
Department of Planning Services — Engineering Division : Lauren Light. Department of Health. Bob Choate,
County Attorney. and Kris Ranslem. Secretary.
Motion: Approve the March 1 . 2016 Weld County Planning Commission minutes, Moved by Benjamin
Hansford . Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER USR16-0004
APPLICANT MICHELLE WILSON
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 PART NE4NE4 SECTION 25. T2N, R68W OF THE 6TH P M . WELD COUNTY,
COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 18 (GODDING HOLLOW PARKWAY) AND
ABOUT 925 FEET WEST OF CR 13 (COLORADO BLVD).
Diana Aungst. Planning Services. presented Case USR16-0004. 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.
Michelle Wilson. 5846 CR 18. stated that she is proposing an additional home on her property She said
that she intends for her dad to live in the second home
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 she has read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that she is in agreement.
Motion : Forward Case USR16-0004 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 Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes : Benjamin Hansford. Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola. Joyce Smock,
Michael Wailes, Nick Berryman , Terry Cross.
EXHIBIT
elE-7
1 a0-00.
Meeting adjourned at 2: 11 pm.
Respectfully submitted,
/� Digitally signed by Kristine Ranslem
`f'
Date: 2016.03. 16 13:27:22 -06'00'
Kristine Ranslem
Secretary
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