HomeMy WebLinkAbout20151548.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS pas
Moved by Benjamin Hansford, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR15-0025
APPLICANT: LOLITA MILLER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFC DEVELOPMENT PLAN AND SPECIAL USE PERMIT FOR ONE
(1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: PART E2SW4 SECTION 3. Ti N, R63W LOT A REC EXEMPT RE-958 OF THE
6TH P M., WELD COUNTY. COLORADO
LOCATION: NORTH OF AND ADJACENT TO HWY 52; APPROXIMATELY 1500 FEET
EAST OF CR 67.
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 an individual who is not related to
the property owner and is required to correct a violation of an existing land use permit,
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 applicants are requesting a USR permit for two (2) single-family dwellings on one
parcel. The applicant receives water from a well approved for domestic purposes inside
three single family dwellings, irrigation of up to one acre lawn and garden and the owner's
large non-commercial domestic animals. The Division of Water Resources indicates that
the approved uses for well permit no. 249869 are consistent with the proposed uses.
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 subject property has multiple structures on site including two residences, an office for a
hay brokerage business and several outbuildings. The property is defined as lands south of
the irrigation ditch and north of State Highway 52. Adjacent to the west is a single family
RESOLUTION USR15-0025
LOLITA MILLER
PAGE 2
residence on a small acreage,to the north and east are irrigated agricultural fields,and to the
south is the Weld School District RE-3J bus barn and district buildings and the Prospect
Community Church.
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 not located within a three(3)mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
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 3.53 acres Prime Agricultural Land per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The property has
an irrigation ditch at the north property line, State Highway 52 is adjacent to the south
property line and there are two residences, an office and three outbuildings located on the
property and therefore make agricultural practices difficult to obtain.
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:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0025 (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 USR15-0025
LOLITA MILLER
PAGE 3
4. Show the approved Colorado Department of Transportation (CDOT) access(es) on
the map and label with the approved access permit number if applicable. (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(c�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 Bruce Johnson.
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 June 2, 2015.
Dated the 2nd of June, 2015.
Digitally signed by Kristine
Ranslem
�1L Date:2015.06,05 09:05:37-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lolita Miller
USR15-0025
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0025,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. 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. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
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. (Department of Public
Health and Environment)
7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the existing private water supply. (Department of Public Health and Environment)
8. 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)
9. 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)
10. 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)
11. 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.
12. 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.
13. 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 USR15-0025
LOLITA MILLER
PAGE 5
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.
15. 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.
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EXHIBIT
BSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 2, 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 Vice-
Chair, Jordan Jemiola, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman, Terry Cross.
Absent: Jason Maxey
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Michelle Martin, Department of Planning
Services; Wayne Howard, and Jennifer Petrik, Department of Planning — Engineering Division; Lauren
Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the May 19, 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER USR15-0025
APPLICANT: LOLITA MILLER
PLANNER: KIM OGLE
REQUEST A SITE SPECIFC DEVELOPMENT PLAN AND SPECIAL USE PERMIT FOR
ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: PART E2SW4 SECTION 3, Ti N, R63W LOT A REC EXEMPT RE-958 OF THE
6TH P.M., WELD COUNTY. COLORADO.
LOCATION NORTH OF AND ADJACENT TO HWY 52;APPROXIMATELY 1500 FEET
EAST OF CR 67.
Kim Ogle, Planning Services, presented Case USR15-0025, 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.
Jim Miller, 3332 Highway 52, said that he made a mistake and is trying to come into compliance. The
original plan was for his daughter to move into the house but then she didn't and another individual
moved into the house. They would like to use the house as a rental unit to a non-member of the family.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR15-0025 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 Bruce Johnson.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
1
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Meeting adjourned at 7:05 pm.
Respectfully submitted,
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Digitally signed by Kristine Ranslem
r5\izsbru--y24"atem, Date:2015.06.05 08:58:29-06'00'
Kristine Ranslem
Secretary
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