HomeMy WebLinkAbout20141202.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION r �
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI• .�Jg11�.`/1IO
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: USR13-0068
APPLICANT: GERALD CALVIN & KAREN HERMAN-CALVIN
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE(1)SINGLE DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20 A (TWO DWELLING UNITS ON A
SINGLE PARCEL) A(AGRICULTURAL)
LEGAL DESCRIPTION: PARCELS A AND B OF SUB EXEMPT SE-475; PORT W2SE4 SECTION 8, T2N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 22 AND APPROXIMATELY 0.50 MILES EAST
OF STATE HIGHWAY 85.
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 A.Goal 1 of the Weld County Code states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations for purposes which enhance
the economic health and sustainability of agriculture."The property is utilized for grazing and
growing alfalfa. The application indicates that the occupants of the second dwelling on the
site will help out with the maintenance of the property.
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 One(1)Single-Family dwelling unit per lot other than
those permitted under Section 23-3-20 A of the Weld County Code.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Single family residences are located east of and adjacent to the
southwest of the property. There is an existing truck parking and maintenance facility
(MUSR11-0002)located south of the property. No changes to the physical layout of this site
will result if this USR is approved.
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 the City of Fort Lupton. The City
of Fort Lupton in their referral comments, dated January 10, 2014 indicated that the site is
located within their future comprehensive plan boundary and would like the opportunity to
discuss annexation with the applicant.
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.
A0/4—/16A
RESOLUTION USR13-0068
GERALD CALVIN &KAREN HERMAN-CALVIN
PAGE 2
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 site is delineated as"Prime"per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.The two residences are existing and no change to the site
will occur if this Use by Special Review Permit is approved.
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 plat:
A. The applicant shall attempt to address the requirements(concerns) of the City of Fort Lupton
as stated in their referral response dated January 10, 2014. Evidence of such shall be
submitted,in writing,to the Weld County Department of Planning Services.(City of Fort Lupton)
B. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0068 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. Indicate the existing septic system G19939131 for the older farmhouse on the site plan.
(Department of Public Health and Environment)
5. County Road 22 is designated on the Weld County Road Classification Plan as an
Arterial road, which requires 140 feet of right-of-way at full buildout. A total of 70-feet
from the centerline of County Road 22 shall be delineated as Edge of Future Right-of-
Way on the plat.The applicant shall verify and delineate on the plat 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
Public Works)
6. Show the approved access(es) on the plat and label with the approved access permit
number(AP13-00437). (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
RESOLUTION USR13-0068
GERALD CALVIN &KAREN HERMAN-CALVIN
PAGE 3
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
mapsa,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 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 Jason Maxey.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
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 March 18, 2014.
Dated the 18th of March, 2014.
Digitally signed by Kristine
471ibsaiL1� Ranslem
Date:2014.03.21 07:58:07-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gerald Calvin and Karen Herman-Calvin
USR13-0068
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0068, for One (1) Single
Dwelling Unit per Lot other than those permitted under Section 23-3-20 A(two dwelling units on a single
parcel) 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
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. The applicant shall operate
in accordance with the approved Waste Handling Plan, at all times. (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 Residential Zone District,
as delineated in Section 14-9-30 of the Weld County Code. (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 Individual Sewage Disposal Systems.
(Department of Public Health and Environment)
9. 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)
10. 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 Public Works)
11. 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)
12. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
13. 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 USR13-0068
GERALD CALVIN& KAREN HERMAN-CALVIN
PAGE 5
14. 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.
15. 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.
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.
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEE w
,a /;,
Tuesday, March 18, 2014
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent/Excused: Bret Elliott.
Also Present: Chris Gathman and 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 March 4, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Jason Maxey. Motion passed unanimously.
CASE NUMBER: USR13-0068
APPLICANT: GERALD CALVIN & KAREN HERMAN-CALVIN
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20 A (TWO DWELLING UNITS
ON A SINGLE PARCEL) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PARCELS A AND B OF SUB EXEMPT SE-475; PART W2SE4 SECTION 8,
T2N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 22 AND APPROXIMATELY 0.50 MILES
EAST OF STATE HIGHWAY 85.
Chris Gathman, Planning Services, presented Case USR13-0068, 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 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.
Gerald Calvin, 13595 CR 22, Ft. Lupton, Colorado, stated that the property was previously used as a
dairy farm operated by his father-in-law. In 1993 they decided to move to this property and then built a
second home. It was brought to their attention that they were in violation of the county code for having
more than one residence on the property. Mr. Calvin indicated that the second residence was used for
storage for a period of time before being converted back to a second residence.
Brad Yatabe, County Attorney, noted that Mr. Calvin provided a hard copy of the Fort Lupton referral and
passed it onto the Planning Commission for their review.
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 USR13-0068 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 Jason Maxey.
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Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0001
APPLICANT: GORDON WEICHEL
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) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: S2NW4 SECTION 14. T2N, R65W OF THE 6TH P. M. . WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 45: APPROXIMATELY 0.25 MILES SOUTH
OF CR 22.
Diana Aungst, Planning Services, presented Case USR14-0001 , 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 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.
Grady Weichel, 22460 CR 22, Hudson, Colorado, said that they are in the process of constructing a shop
and are requesting to have an apartment/home attached for their son and his 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 USR14-0001 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 Jason Maxey, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes : Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0004
APPLICANT: STATE OF COLORADO, C/O BONANZA CREEK OPERATING COMPANY
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 100-FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION : SUBX14-0001 BEING PART OF SECTION 16, T5N, R62W OF THE 6TH P. M. ,
WELD COUNTY. COLORADO.
LOCATION: APPROXIMATELY 6.5 MILES NORTH OF STATE HIGHWAY 34 AND 5 MILES
WEST OF CR 89.
Diana Aungst, Planning Services, presented Case USR14-0004. 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 drainage conditions and the
requirements on site.
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