HomeMy WebLinkAbout20140750.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS I
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: USR13-0059
APPLICANT: EDWARD MEYER
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS
USES BY SPECIAL REVIEW(THREE SINGLE FAMILY RESIDENCES ON ONE
PARCEL)AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF
THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-120; PART SE4 SECTION 5,T6N, R65W OF THE 6TH
P.M.,WELD COUNTY,COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 41 AND APPROXIMATELY 700 FEET NORTH
OF CR 72.
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 and third homes on the property will be occupied by family members/caregivers
and the applicant would like to have the flexibility of renting these homes in the future.
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 applicant provided a"can serve"letter from North Weld County Water District and each
home will have a separate septic system. 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.W. allows for a Site Specific Development Plan and Use By
Special Review Permit for a use similar to the Uses listed in Section 23-3-40 as Uses by
Special Review as long as the Use complies with the general intent of the A (Agricultural)
Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures,crops,and rural residences.County
Road 41 borders the site on the east. The properties to the north and south are rural
residential and the property to the west is cropland. The closest residence not owned by the
applicant is on the property adjacent to and north of the site.
There is one(1)USR within one mile of the site. USR-484 for a nursery and a garden center
is south of and adjacent to the site.The Department of Planning Services has received one
letter from a surrounding property owner objecting to this USR. The applicant sent a letter to
this surrounding property owner to attempt to address her concerns.
RESOLUTION USR13-0059
EDWARD MEYER
PAGE 2
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 the Town of Eaton. The Town of
Eaton's referral dated December 18, 2013 indicated 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 12 acres of "Prime (Irrigated)" and
approximately 9 acres of"Irrigated Land, Not Prime"per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. This USR will not take any acres of"Prime
(Irrigated)" farmland out of production because the site is too small to farm and has been
utilized for residential uses since 1999.
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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0059. (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)
RESOLUTION USR13-0059
EDWARD MEYER
PAGE 3
4) County Road 41 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 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)
5) Show the approved access on the plat and label it with the approved access permit number
(AP#)(will be provided). All three(3)homes will use the existing access point.(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 single-family dwellings and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
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 add early release language here.(Department of Planning Services)
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
RESOLUTION USR13-0059
EDWARD MEYER
PAGE 4
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 February 18, 2014.
Dated the 18th of February, 2014.
Digitally signed by Kristine
4Ajeki If✓ Y t�lYt . Ranslem
Date:2014.02.21 15:11:52-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Edward Meyer
USR13-0059
1. A Site Specific Development Plan and Use by Special Review Permit,USR13-0059,for a use similar
to the Uses listed in Section 23-3-40 as Uses by Special Review(three single-family residences on
one parcel)as long as the Use complies with the general intent of 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 15-41-180 of the Weld County Code. (Department of Public Works)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. 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,30-20-100.5,C.R.S.,as amended.(Department of Public Health and Environment)
6. 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)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
9. 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)
10. The facility shall utilize the existing public water supply (North Weld County Water District).
11. The facility shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
12. 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)
13. 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 USR13-0059
EDWARD MEYER
PAGE 6
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. 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.
16. 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.
17. 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.
18. 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 USR13-0059
EDWARD MEYER
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 rn, c o () .is
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Motion : Forward Case USR13-0057 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 Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
CASE NUMBER: USR13-0059
APPLICANT: MEYER EDWARD
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS
USES BY SPECIAL REVIEW (THREE SINGLE FAMILY RESIDENCES ON ONE
PARCEL) AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT
OF THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-120; PART SE4 SECTION 5, T6N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 41 AND APPROXIMATELY 700 FEET
NORTH OF CR 72.
Diana Aungst, Planning Services, presented Case USR13-0059, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1 ) letter was received by a surrounding property
owner objecting to this request. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Commissioner Smock noted that she has submitted a field check for this site.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Connie Mizner, 28930 CR 62, Gill, Colorado and Doug Meyer, 1409 44th Avenue Court, Greeley,
Colorado. Ms. Mizner stated that they are representing their parents, Edward and Betty Meyer. She
added that their parents are elderly and would like to continue their agricultural lifestyle but in order to do
that they need help to take care of them and the family farm. She cited Section 22-2-20.F.3 Policy 6.3
which states "Encourage multi-generational, caretaker, guest and accessory quarters." Ms. Mizner added
that they did submit a letter to the surrounding neighbor who objected to the request and have not
received a response from them.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Rebecca Lohman, 2856 Arbor Garden Drive, Evans, Colorado, wished to clarify where the residences
would be located and if they would be on separate lots. The Chair stated that the two homes would be
located to the west of the primary residence and all the homes would remain on the same parcel.
The Chair asked Ms. Lohman if she has any further objection after understanding the location of the
homes on the property. Ms. Lohman replied no.
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 USR13-0059 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 Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
EXHIBIT
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