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Home My WebLink About20141724.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jordan Jemiola, 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: USR14-0014 APPLICANT: RAYMOND&DEBORAH GRANT PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE- FAMILY DWELLING UNIT)AND ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS STATED IN SECTION 23-3-30, PER BUILDING ON LOTS IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: S2 LOT 1 CAROL HEIGHTS SUB; PART OF SECTION 27, T1 N, R68W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO LONGVIEW RD AND APPROXIMATELY 280 FEET EAST OF CAROL DRIVE 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 family members/caregivers. Since this parcel is located in a subdivision a USR is required for the addition of a second home. 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 is also requesting an additional garage to be constructed on this parcel. The total square footage of these accessory structures will be greater than four-percent(4%) of the square footage of the lot therefore this request is also for approval to exceed the 4%rule. 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. and 23-3-40.Q. 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)and accessory buildings with gross floor area larger than four percent(4%) . .- • - lot area, as stated in Section 23-3-30, per building on lots in an approved • EXHIBIT subdivision plat or lots part of a map or plan field prior to adoption of any controlling subdivisions in the A(Agricultural) Zone District a u Armernif d014-f 7aL RESOLUTION USR14-0014 RAYMOND& DEBORAH GRANT PAGE 2 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 120 feet south of the site. There are about eight(8)USRs located within one mile of this parcel(west of 1-25).There are two (2) USRs to the west of the site, USR-644 for a second dwelling and USR-518 for a trucking business. USR-1396 for a 24"gasline is east of and adjacent to the site. There are three(3) USRs to the northeast of the site, USR-1622 for a fence company, USR-970 for an excavation business, and USR-1315 for a landscaping business. There are two(2) USRs for kennels, one about seven-tenths of a mile south of the site and one about one-tenth of a mile east of the site. The Weld County Department of Planning Services has not received any correspondence from the surrounding property owners that objects to this USR. The Conditions of Approval and Development Standards ensure that there are adequate services and facilities available. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of Town of Erie and the City of Dacono. The Town of Erie's referral dated April 8, 2014 and the City of Dacono's referral dated April 9, 2014 indicate no concerns. 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 2.5 acres"Prime (Irrigated) per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site has been historically utilized for residential uses and is too small to farm. 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. RESOLUTION USR14-0014 RAYMOND&DEBORAH GRANT PAGE 3 The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR14-0014. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of Planning Services) 4) County Road 6 is designated on the Weld County Road Classification Plan as a collector road,which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right- of-way.An additional 10 feet shall be delineated on the plat as future County Road 6 right-of- way.All setbacks shall be measured from the edge of future right-of-way. 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 plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 5) Longview Road is designated on the Weld County Road Classification Plan as a local gravel road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right- of-way. All setbacks shall be measured from the edge of future right-of-way. 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 plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 6) Show the approved access on the plat and label it with the approved access permit number (AP). (Department of Public Works) 2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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 plat 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 mapsco.weld.co.us. (Department of Planning Services) 5. Prior to the issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations.(Department of Public Health and Environment) RESOLUTION USR14-0014 RAYMOND& DEBORAH GRANT PAGE 4 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 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 Nick Berryman. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Mark Lawley Michael Wailes Nick Berryman 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 3, 2014. Dated the 3rd of June, 2014. Digitally signed by Kristine Ranslem Date:2014.06.05 11:45:21 -06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Deborah and Raymond Grant USR14-0014 1. 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)and accessory buildings with gross floor area larger than four percent(4%)of the total lot area,as stated in Section 23-3-30,per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions 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 Section 15-1-180 of the Weld County Code. (Department of Public Works) 4. 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. (Department of Public Health and Environment) 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site.(Department of Public Health and Environment) 6. 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) 7. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Left Hand Water District) 8. Sewage disposal shall be by septic system.Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to Individual Sewage Disposal Systems. (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. 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. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 12. Building permit maybe required,per Section 29-3-10 of the Weld County Code.Currently the following has been adopted by Weld County:2012 International Codes;2006 International Energy Code;2011 National Electrical Code;A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) RESOLUTION USR14-0014 RAYMOND& DEBORAH GRANT PAGE 6 13. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 14. 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. 15. 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. 16. 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. 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 USR14-0014 RAYMOND&DEBORAH GRANT 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. PC Min uieS - 3-1'1 EXHIBIT 3 a SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETIN' —001 Tuesday, June 3, 2014 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, Mark Lawley, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. Absent/Excused: Bruce Sparrow, Jason Maxey. Also Present: Diana Aungst, Department of Planning Services; Don Carroll, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the May 20, 2014 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Benjamin Hansford. Motion passed unanimously. CASE NUMBER: USR14-0014 APPLICANT: RAYMOND&DEBORAH GRANT PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE- FAMILY DWELLING UNIT) AND ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS STATED IN SECTION 23-3-30, PER BUILDING ON LOTS IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: S2 LOT 1 CAROL HEIGHTS SUB; PART OF SECTION 27, Ti N, R68W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO LONGVIEW RD AND APPROXIMATELY 280 FEET EAST OF CAROL DRIVE Diana Aungst, Planning Services, presented Case USR14-0014, 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. Don Carroll, Public Works, reported on the existing traffic, access and the requirements on site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Deborah Grant, 3505 Longview Road, Erie, Colorado, stated that they have lived in this subdivision for 18 years. She added that they would like to put the second residence on their property for her daughter and 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 USR14-0014 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 Jordan Jemiola, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes= 6). Yes: Benjamin Hansford, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. 1 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 1 :40 pm . Respectfully submitted, `a6h.n- > c'ta Digitally signed by Kristine Ranslem a.Idi4C.u.AYL, Date: 2014.06.04 11 :49:58 -06'00' Kristine Ranslem Secretary 2 Hello