HomeMy WebLinkAbout20162561.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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. USR16-0019
APPLICANT CLAY KELLER
PLANNER KIM OGLE
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 B REC EXEMPT RE -4716. PART SW4NW4 SECTION 31. T8N. R67W OF
THE 6TH P M.. WELD COUNTY, COLORADO
LOCATION EAST OF AND ADJACENT TO CR 13. APPROXIOMATELY 1500 FEET SOUTH
OF CR 88.
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 Mr. Keller's mother-in-law who is
related to the property owner. In the future should this person vacate the property. the
second dwelling will be used as a rental income residence. therefore, this Use by Special
Review Permit is required for the second single family dwelling unit.
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 two (2) single-family dwellings on one parcel.
The applicant receives water from North Weld County Water District via water tap account
number 1563001. 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)
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The subject property has the property owner's residence and a 2400SF personal equipment
building. Adjacent to the west in Lamer County is Dyecrest Dairy, to the north a vacant
parcel of land. to the east pasture land and a single family residence and south is vacant
pasture lands and a large unnamed water reservoir. Staff has not received any telephone
calls or correspondence concerning this application.
EXHIBIT 1
(AWL Ib-GG i
RESOLUTION USR16-0019
CLAY KELLER
PAGE 2
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 three miles of the Town of Severance and Larimer County. The
Town of Severance returned a referral dated May 31, 2016 indicating no conflict with their
interests Larimer County did not return a referral
E Section 23-2-220 A.5 -- The application complies with Chapter 23. Article V. of the Weld
County Code.
The property is not with 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 31 77 acres Prime Agricultural Land per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The property has
existing improvements and the new residence will be located within the service yard of the
house and outbuilding, in an area approximately 1.7 acres in size The remaining 30 acres
will continue with the current agricultural practices.
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
A The map shall be amended to delineate the following.
1 All sheets of the map shall be labeled USR16-0019 (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)
RESOLUTION USR16-0019
CLAY KELLER
PAGE 3
4. Show the approved County of Larimer access(es) on the site plan and label with the
approved access permit number if applicable. (Department of Public Works)
5. Accurately delineate the location of the current residence and equipment building and
the new second residence, driveways and other physical improvements on the site
map.
6. The applicant shall show the drainage flow arrows (Department of Planning Services -
Engineer)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
8 County Road 13 is under the jurisdiction of Larimer County. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this information
shall be noted on the map. (Department of Planning Services)
2. 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)
3. 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)
4. 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)
5. 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
mapsco.weld.co.us. (Department of Planning Services)
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 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)
RESOLUTION USR16-0019
CLAY KELLER
PAGE 4
Motion seconded by Gene Stifle
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Joyce Smock
Michael Wailes
Terry Cross
Gene Stifle
Cherilyn Barringer
Tom Cope
Against Passage Absent
Jordan Jemiola
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 2, 2016
Dated the 2''d of August. 2016
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2016.08.04 10:12:21 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Clay Keller
USR16-0019
1 A Site Specific Development Plan and Use by Special Review Permit. USR16-0019. 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 historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services)
6. Waste materials shall be handled, stored, and disposed of 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)
7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (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. 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)
10. 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)
11. Building permits will 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)
12. 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.
13. 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_
RESOLUTION USR16-0019
CLAY KELLER
PAGE 6
14. 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.
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. 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.
RESOLUTION USR16-0019
CLAY KELLER
PAGE 7
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.
r'i►Nu i ES
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 2, 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 Michael
Wailes, at 12:30 pm.
Roll Call.
Present: Joyce Smock, Michael Wailes, Bruce Sparrow. Terry Cross, Bruce Johnson, Gene Stille. Cherilyn
Barringer. Tom Cope
Absent: Jordan Jemiola.
Also Present Kim Ogle and Diana Aungst. Department of Planning Services: Hayley Brown. 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 July 19, 2016 Weld County Planning Commission minutes, Moved by Bruce Johnson,
Seconded by Joyce Smock. Motion passed unanimously
CASE NUMBER USR16-0019
APPLICANT CLAY KELLER
PLANNER KIM OGLE
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 B REC EXEMPT RE -4716. PART SW4NW4 SECTION 31. T8N. R67W OF
THE 6TH P.M , WELD COUNTY, COLORADO
LOCATION EAST OF AND ADJACENT TO CR 13, APPROXIOMATELY 1500 FEET SOUTH
OF CR 88.
Kim Ogle. Planning Services, presented Case USR16-0019, 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. County Road 13 at
this location is under the jurisdiction of Larimer County.
Hayley Brown. 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.
Jaylee Dimick. 4014 South Lemay Avenue, Fort Collins. Colorado, representing her brother-in-law, stated
that Mr. Keller intends to build this residence for his mother-in-law and added that in the future it will be
used as a rental unit.
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 USR16-0019 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 Bruce Johnson. Seconded by Gene Stifle.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow. Cherilyn Barringer, Gene Stille, Joyce Smock
Cross. Tom Cope.
Meeting adjourned at 3:17 pm.
Respectfully submitted,
4Sambilt-- 1+444Wyt,
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.08.04 11:27:05 -06'00'
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