HomeMy WebLinkAbout20141725.tiff LAND USE APPLICATION
1� SUMMARY SHEET
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Planner: Diana Aungst Hearing Date: June 3, 2014
Case Number: USR14-0014
Applicant: Deborah and Raymond Grant
3505 Longview Road, Erie, CO 80516
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 field prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District
Legal S2 Lot 1 Carol Heights Subdivision; Part of Section 27, T1 N, R68W of the 6th P.M.,
Description: Weld County, CO
Location: North of and adjacent to Longview Road; approximately 280 feet east of Carol Drive
Size of Parcel: +/- 2.5 acres Parcel No. 1467-27-2-01-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Weld County Department of Public Works, referral dated April 23, 2014
• Weld County Department of Public Health and Environment, referral dated April 28, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Town of Erie, referral dated April 8, 2014
City of Dacono, referral dated April 9, 2014
Mountain View Fire Rescue, referral dated April 22, 2014
• Weld County Zoning Compliance, referral dated May 6, 2014
• Weld County Building Department, referral dated May 6, 2014
y Boulder Valley Conservation District, referral dated May 12, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ School District RE-1J ➢ Colorado Division of Parks and Wildlife
➢ Left Hand Water District ➢ State of Colorado, Division of Water Resources
➢ City and County of Broomfield
uSR14-0014
Page 1 of 8
8
SPECIAL REVIEW PERMIT
.t ADMINISTRATIVE REVIEW
N--21,
Planner: Diana Aungst Hearing Date: June 3, 2014
Case Number: USR14-0014
Applicant: Deborah and Raymond Grant
3505 Longview Road, Erie, CO 80516
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 field prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District
Legal S2 Lot 1 Carol Heights Subdivision; Part of Section 27, -11 N, R68W of the 6th P.M.,
Description: Weld County, CO
Location: North of and adjacent to Longview Road; approximately 280 feet east of Carol Drive
Size of Parcel: +/- 2.5 acres Parcel No. 1467-27-2-01-002
Case Summary:
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 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.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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."
USR14-0014
Page 2 of 8
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.O. 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%) 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
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.
USR14-0014
Page 3 of 8
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.
The Department of Planning Services' staff 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)
USR14-0014
Page 4 of 8
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 maps(a)co.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)
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)
uSR14-0014
Page 5 of 8
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)
uSR14-0014
Page 6 of 8
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
uSR14-0014
Page 7 of 8
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, sand burs, 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.
USR14-0014
Page 8 of 8
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3524
C v i FAX: (970)304-6498
r
May 13, 2014
GRANT DEBORAH L
3505 LONGVIEW ROAD
ERIE CO 80516
Subject: USR14-0014 -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
On parcel(s)of land described as:
S2 LOT1 CAROL HEIGHTS SUB; Part of Section 27, Ti N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 3, 2014, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 18, 2014 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed a Kristine Risdlom
F2ason:I ig the authorofthisdocument
Date:2014.05.1311:10:12-06'00'
Diana Aungst
Planner
h N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
. WEBSITE: www.co.weld.co.us
�� E-MAIL: daungst@co.weld.co.us
PHONE: (970)353-6100, Ext. 3524
, ' FAX: (970)304-6498
April 07, 2014
GRANT DEBORAH L
3505 LONGVIEW ROAD
ERIE, CO 80516
Subject: USR14-0014 -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
On parcel(s)of land described as:
S2 LOT1 CAROL HEIGHTS SUB; SECTION 27, Ti N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Dacono at Phone Number 303-833-2317
Erie at Phone Number 303-926-2700
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
- C. Digitally am
auty hor
rioef R
�579„ Fi signed
the authorof nslemthisdocument
Date:2014.04.07 09:14:25-06'00'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 5/19/2014
Case Number: USR14-0014
Applicant: Deborah and Raymond Grant
3505 Longview Road, Erie, CO 80516
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 field prior to
adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District
Legal S2 Lot 1 Carol Heights Subdivision; Part of Section 27, Ti N, R68W of the
Description: 6th P.M., Weld County, CO
Location: North of and adjacent to Longview Road; approximately 280 feet east of
Carol Drive
Size of Parcel: +/- 2.5 acres Parcel No. 1467-27-2-01-002
Zoning Land Use
N A (Agricultural) N Rural Residential
E A (Agricultural) E Rural Residential
S A (Agricultural) S Rural Residential
W A (Agricultural) W Rural Residential
COMMENTS:
The site contains a single family residence and a couple outbuildings. There is an access to the
site off of Longview Road.
Diana Aungst,
Hello