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HomeMy WebLinkAbout20162652.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Terry Cross. 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 USR 16-0017 CRAIG & CORY ROEHRS RYDER REDDICK 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 LOT 3 HIGHLAND ESTATES PART OF SECTION 3. T3N R68W OF THE 6TH P M WELD COUNTY COLORADO SOUTH OF AND ADJACENT TO CR 38 AND EAST APPROXIMATELY 0 4 MILES FROM 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 proposed second single family dwelling would be built for the primary purpose of being used as a second dwelling supporting family members. 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. Little Thompson Water District provides the water through tap #674 and intends to supply water to the proposed secondary dwelling as stated in their letter dated March 21. 2016 which was submitted in the USR application. The existing septic system permitted on the property under permit #G19890299 is sized for up to 4 bedrooms According to the Department of Public Health and Environment referral dated June 20. 2016 the septic field will need to be expanded to accommodate the new residence. A repair permit, along with an additional septic tank will be required for the second dwelling if approved. While the septic is undersized for the new proposal as it is today, this referral letter explains that it is reasonably obtainable to upgrade the septic system on site to support the new proposed development. 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 C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The use and size of the Lots around the property are primarily single family residences on parcels that range between 1 5 and 3 acres in size The adjacent properties on the south side of County Road 38 are all located within the Highland Estates Subdivision The adjacent 4014 - c71(5s RESOLUTION USR16-0017 CRAIG & CORY ROEHRS PAGE 2 parcels to the north of County Road 38 are located within the Town of Mead in the Margil Farms Subdivision which are similar in size and use There are currently no Use by Special Review Permits issued in the Highland Estates Subdivision This proposed permit is for a second residence for family members which would complement the existing surrounding residential land uses. The Weld County Department of Planning Services has received two (2) responses from the same surrounding property owner in opposition to this proposed application. In a letter received by the Department of Planning Services on June 21, 2016 a neighboring property owner who resides approximately 0.25 miles south of the proposed site. expressed a variety of concerns and had many questions about the impacts this second dwelling could have on the neighboring parcels of land. In a second letter received by the planning department on July 11, 2016 the neighboring property owner stated that the applicants attempted to contact him about the concerns in his initial letter however they were unable to work out a resolution to these concerns. 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 Mead and the Town of Berthoud. The site is also located within the Mead IGA. Neither town provided referral comments. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and Xl. of the Weld County Code. 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. 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 home site is located on approximately 2 acres in a platted subdivision_ The soil designation for the site is 'Other per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Due to the classification given. the proposed USR will not take "Prime (Irrigated)" Farmland out of production. 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. RESOLUTION USR16-0017 CRAIG & CORY ROEHRS PAGE 3 The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map - A. The Map shall be amended to delineate the following. 1 All sheets of the map shall be labeled USR16-0017 (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 38 is maintained by the Town of Mead. The Municipality has jurisdiction over all accesses within their jurisdiction. Please contact municipality to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit. (Department of Public Works) 5 The applicant shall show and label the subdivision drainage features and drainage flow arrows on the lot. (Department of Planning Services — Engineer) 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 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 StatePlane Colorado North FIPS 0501 (US Feet).. .etc.). This digital file may be sent to mapsco.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) B Right of way permit is required for any work within the Town of Mead public right of way (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 residence and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public Health and Environment) RESOLUTION USR16-0017 CRAIG & CORY ROEHRS PAGE 4 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 Gene Stifle. VOTE For Passage Against Passage Bruce Johnson Bruce Sparrow Absent Cherilyn Barringer Joyce Smock 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. Jordan Jemiola Michael Wailes Tom Cope 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 16. 2016 Dated the 16'h of August. 2016 LCb6w se?allaudiet, Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.08.19 08:53:06 -06'00' SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Craig and Cory Roehrs USR16-0017 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. 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 historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 10 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) 11 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 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 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 RESOLUTION USR16-0017 CRAIG & CORY ROEHRS PAGE 6 15 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. 16 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 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 t•1Nv- S SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. August 16, 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, Bruce Sparrow, at 12:36 pm. Roll Call. Present. Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille. Joyce Smock, Terry Cross. Tom Cope Absent. Jordan Jemiola. Michael Wailes. Also Present_ Kim Ogle. Chris Gathman, Diana Aungst. and Ryder Reddick. Department of Planning Services: Hayley Brown. Department of Planning Services — Engineering Division; Lauren Light and Ben Fussell. Department of Health, Evan Pinkham, Public Works; Bob Choate, County Attorney. and Kris Ranslem. Secretary. Motion: Approve the August 2, 2016 Weld County Planning Commission minutes. Moved by Bruce Johnson, Seconded by Joyce Smock. Motion passed unanimously CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR16-0017 CRAIG & CORY ROEHRS RYDER REDDICK 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. LOT 3 HIGHLAND ESTATES. PART OF SECTION 3. T3N, R68W OF THE 6TH P M.. WELD COUNTY COLORADO SOUTH OF AND ADJACENT TO CR 38 AND EAST APPROXIMATELY 0.4 MILES FROM CR 7 Ryder Reddick. Planning Services. presented Case USR16-0017, reading the recommendation and comments into the record. Mr Reddick noted that three (3) letters were received in opposition to this request citing concerns in regard to allowing a second residence for rental purposes and that it is not allowed in the Subdivision convenants. He added that one (1) phone call was received in support of this request. 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. 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. Craig Roehrs. 3380 CR 38. stated that they moved to this rural residential property to be able to have horses and space for their family His wife's mother is a large part of their family and they are planning to build this residence for her. Mr Roehrs stated that per the Weld County Code it is encouraged to have multi -generational. caretaker. guest and accessory quarters The ability for his mother-in-law to live on site would provide farm and animal assistance and assistance with kids' school and extracurricular activities. It would also allow for caregiving during her golden years_ Commissioner Johnson asked what the intent of the residence will be after it serves its intended purpose. Mr Roehrs said that the intent is not to generate supplemental income but they would like to reserve the right to use it as a rental. Commissioner Sparrow said that that landowners in Highland Estates understood that only one home would be built on each lot and asked the applicant to address their concerns of having a second home. Mr Roehrs said that they understand their concerns, however the intent is not to have the second home as a rental unit Commissioner Cross asked what the size of the proposed home is. Mr Roehrs replied that it will be 1145 square feet Commissioner Barringer asked the applicant why they don't add onto the existing home Mr. Roehrs said that they wanted to preserve the footprint of the surrounding areas and not to have any odd shape or disproportionate wing off of the home. He added that they did research that; however in the way the house is constructed into the ground it would be difficult to match the elevation. Cory Roehrs, 3380 CR 38. stated that they talked with all of their adjacent neighbors and added that they are in full support. She added that they have researched how to add onto the house: however the cost was astronomical compared to a second dwelling The Chair asked if there was anyone in the audience who wished to speak for or against this application. Al Roberts, 3494 Fairways Drive, stated that there are protective covenants in place for this subdivision since 1972. He added that in the covenants it states that a dwelling unit needs to be a minimum of 1000 square foot in size and the proposed second home is 990 square foot in size_ The original plat was for 26 single-family homes built on 53 acres_ Mr Roberts asked if this is approved then what prevents the other landowners in Highland Estates to construct a second dwelling unit. He added that this is not keeping with the rural atmosphere of this subdivision Mr Roberts expressed concern with what happens when they no longer need it for a caretaker residence Barbara Foley. 17918 Wagon Trail, Mead. Colorado, stated that they purchased their property understanding Highland Estates was for only single family homes. She added that the developer specified this in his protective covenants She suggested that the Roehrs' build an addition that is physically attached to their existing home. Mr Roehrs said it is a desirable area as it is a rural setting. He said that there has been positive feedback and no one has had any major concerns with a potential rental property He said the square footage of the building will not detract from the area but will only enhance the neighborhood. Patrick Chandler, 1601 Saunders Street, Longmont. Colorado. cited Section 22-2-20 which states that it encourages multi -generational. caretaker, guest and accessory quarters_ He said that the proposed home will be 1190 square foot in size. He added that any of the existing homes could be used as rental properties currently Commissioner Stille asked if there is a legal issue in regard to convenants. Bob Choate, County Attorney, said the covenants are a private contractual dispute and the Board of County Commissioners has consistently declined to consider enforcing private covenants on the properties. He added that it is reasonable to take them into account: however typically the development standards do not protect those covenants Commissioner Cope asked the applicant if they intended to build a second home when they purchased the property in this subdivision Mr. Roehrs said that they would never have entered into the purchase agreement of this home if there was any indication that this would not have been a successful venture Mr Cope said that the intent for an accessory use was more for larger agricultural parcels and not subdivided lands He feels that an addition to the existing home would be more appropriate. Mr. Roehrs said that they are learning a lot as they go and they are not trying to be an exception to any rule. He said that he doesn't see the difference between expanding onto the home or having a separate unit that isn't going to be any more obstructive than any other building out there. regardless of the use He added that they came into this with full disclosure and nothing to hide 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 2 Commissioner Stille understands the particular need for this in the code as he has been in a similar situation He added that when the applicants get older they will need assistant care as well. Motion: Forward Case USR16-0017 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of denial, Moved by Bruce Johnson. Seconded by Tom Cope. Commissioner Johnson cited Section 23-2-220 A.2 and Section 23-2-220 A 3 as it is not consistent with the neighborhood as it is a full subdivision. Vote: Motion failed (summary: Yes = 3. No = 4, Abstain = 0) Yes: Bruce Johnson. Bruce Sparrow. Tom Cope. No: Cherilyn Barringer, Gene Stifle. Joyce Smock. Terry Cross. Commissioner Cross said that he views this, besides the use of a mother-in-law house. as potentially a guest house which could possibly enhance the value of the property_ He doesn't see an explosion of the neighbors building another house on their lot. Commissioner Stille agreed with Mr. Cross and understands the need for this in the code. Commissioner Barringer doesn t see this anymore obstructive than a barn or a shop. Commissioner Smock said that there are some real advantages to having this type of situation Commissioner Sparrow said that by buying a home in this subdivision the applicant entered into an agreement or contract that you are only able to have one home per lot. He added that he doesn't think it will hurt the property values. Motion: Forward Case USR16-0017 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 Terry Cross. Seconded by Gene Stille Vote: Motion passed (summary: Yes = 4. No = 3, Abstain = 0). Yes: Cherilyn Barringer. Gene Stille. Joyce Smock. Terry Cross No: Bruce Johnson. Bruce Sparrow. Tom Cope Meeting adjourned at 3:45 pm. Respectfully submitted, ‘11AO61/11- 41.11401AMt Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.08.19 08:44:29 -06'00' 3 Hello