HomeMy WebLinkAbout20150336.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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: USR14-0075
APPLICANT: LARRY& PATRICIA NELSON, 0/O STEVE CARLSON
PLANNER: STEVE ELKINS
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 EXEMPTION RE 3204 BEING PART S2SW4 SECTION 6,T3N,R67W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 36;APPROXIMATELY 0.5 MILES EAST OF
CR 13.
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 a farm caretaker. Since the caretaker
is neither related to the applicants nor a caregiver, 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 applicants are requesting a USR permit for two(2)single-family dwellings on one parcel.
The applicant receives public water service from the Little Thompson Water District. The
applicant has applied for and received approval from the District that their current water tap
can service the additional dwelling unit. The applicant's current septic system can serve both
the existing and proposed dwelling units provided they apply for and receive a minor repair
permit for said system from the Department of Public Health and Environment. 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).
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. The closest residence is
approximately 900 feet west of the existing barn. EXHIBIT
irlaIJr/AY 5
®!5 -O-3a0
RESOLUTION USR14-0075
LARRY& PATRICIA NELSON, C/O STEVE CARLSON
PAGE 2
While there is no existing Use by Special Review Permits in close proximity to this site, the
proposed second single family dwelling unit is an apartment entirely contained in the existing
barn. The resulting impacts to the area's agricultural nature will therefore be limited, The
proposed land use matches the surrounding land uses.
The Weld County Department of Planning Services has received a letter of opposition dated
January 2, 2015, from Ms. Kelley Carlson who objects to the approval of this land use
permit. In summarizing her letter, Ms. Carlson has concerns about building safety and the
adequacy of the existing septic system to serve an additional dwelling unit.
The Conditions of Approval and Development Standards ensure that there are adequate
services and facilities available. Due to the issuance of the Second Single Family Dwelling
Permit, the applicants have applied for and received a building permit for this dwelling unit,
BC R14-00961.
14-00961.
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 areas of the Towns of Berthoud,
Johnstown, Platteville, and Milliken. The Towns of Berthoud, Johnstown, and Platteville in
their referral comments indicated that they have no concerns. The Town of Milliken did not
return any referral comments.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. 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 40 acres of prime(if irrigated)agricultural
land per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. No
prime farmland will be removed from active production as a result of the approval of this Use
by Special Review Permit.
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 map:
RESOLUTION USR14-0075
LARRY& PATRICIA NELSON, C/O STEVE CARLSON
PAGE 3
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0075 (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 36 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall
verify and delineate on the map the existing right-of-way and the documents creating the
right-of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Planning Services- Engineer)
5. Show the approved access(es) on the map and label with the approved access permit
number(AP14-00480). (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 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(a�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)
6. Prior to building permits:
A. A fire protection notification letter shall be required before the applicant's building permit,
BCR14-00961, can be finalized.
7. Prior to receiving a certificate of occupancy:
Treatment System. (Department of Health and-Environment)
RESOLUTION USR14-0075
LARRY& PATRICIA NELSON, C/O STEVE CARLSON
PAGE 4
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 January 20, 2015.
Dated the 20th of January, 2015.
Digitally signed by Kristine
Ranslem
Date:2015.01.23 09:15:00-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Larry and Patty Nelson
USR14-0075
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0075, for one (1) single
family dwelling unit per lot other than those permitted in 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. 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)
4. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
5. 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. (Department of Public
Health and Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the existing public water supply. (Department of Public Health and Environment)
9. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must
comply with all provisions of the Weld County Code,pertaining to On-site Waste-water Treatment System
(O.W.T.S.). (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 2011
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.
RESOLUTION USR14-0075
LARRY&PATRICIA NELSON. C/O STEVE CARLSON
PAGE 6
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.
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. 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
RESOLUTION USR14-0075
LARRY& PATRICIA NELSON, C/O STEVE CARLSON
PAGE 7
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.
pCMinu+ES
I/ 0/15
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 20, 2015
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,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes.
Absent/Excused: Benjamin Hansford, Nick Berryman, Terry Cross.
Also Present: Kim Ogle, Diana Aungst, and Steve Elkins, Department of Planning Services; Jennifer
Petrik, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney,
and Kris Ranslem, Secretary.
Motion: Approve the January 6, 2015 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR14-0075
APPLICANT: LARRY& PATRICIA NELSON,C/O STEVE CARLSON
PLANNER: STEVE ELKINS
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 EXEMPTION RE 3204 BEING PART S2SW4 SECTION 6, T3N,
R67W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 36; APPROXIMATELY 0.5 MILES EAST
OF CR 13.
Steve Elkins, Planning Services, presented Case USR14-0075, reading the recommendation and
comments into the record. Mr. Elkins noted that one (1) letter of opposition was received. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Jennifer Petrik, 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. Ms. Light stated that the applicant did fulfill Condition of
Approval 7.A and recommended deleting this condition.
Steve Carlson stated that he currently resides on site with the Nelsons. He stated that he is assisting in
taking care of the farm since Mr. Nelson has some health issues and is not able to take care of it himself.
The second dwelling is for him and his children. He added that the letter of opposition was submitted by
his ex-wife.
Commissioner Maxey said that it appears there was an initial violation and there was another violation
because of construction proceeding and was then issued a stop work order. Mr. Carlson said that he was
not aware of the multiple violations but did stop work on the second residence when told to do so. He
added that they had submitted the permits and then they were granted approval to resume construction.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Delete Condition of Approval 7.A, Moved by Bruce Johnson, Seconded by Michael Wailes.
Motion carried unanimously.
Ro/5--D 3Co
The Chair asked the applicant if they have read through the amended 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 USR14-0075 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 2:26 pm.
Respectfully submitted,
41)\ithne....d litelainkta Digitally signed by Kristine Ranslem
Date: 2015.01 .21 10:03:53 -07'00'
Kristine Ranslem
Secretary
2
Hello