HomeMy WebLinkAbout20230138.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0046, 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, AND RESCIND RESOLUTION
#2017-0515, DATED MARCH 8, 2017 - LESLIE GLYNN, C/O MELISSA WATT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on March 8, 2017, the Board approved the application of Leslie Glynn,
33766 Cliff Road, Windsor, Colorado 80550, for a Site Specific Development Plan and Use by
Special Review Permit, USR16-0046, 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) on the following described real estate, to -wit, and:
Lot 5, Antelope Hills Subdivision, 1st Filing; part of
Section 13, Township 6 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, on January 9, 2023, the Board was presented with a letter, dated October 7,
2019, from the applicant requesting the withdrawal of the application, stating the Conditions of
Approval and the recording of the associated map was not perfected, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
applicant's request and thereby accept the withdrawal of the application and to rescind Resolution
#2017-0515, dated March 8, 2017.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Leslie Glynn, c/o Melissa Watt, to withdraw the application
for a Site Specific Development Plan and Use by Special Review Permit, USR16-0046, 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 the parcel of land described
above, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2017-0515, dated March 8, 2017, be, and hereby is, rescinded.
CG'. PL0TP/MN/KO) lot PPL .
02/03/23
2023-0138
PL2459
ACCEPT WITHDRAWAL REQUEST AND RESCIND USR16-0046 - LESLIE GLYNN,
C/O MELISSA WATT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: j„dc G . o:4,
Weld County Clerk to the Board
County A v y
Date of signature: O1/17/23
2023-0138
PL2459
MEMORANDUM
TO: Board of County Commissioners
DATE December 19, 2022
FROM: Kim Ogle, Planning Services
SUBJECT: Request to withdraw and rescind USR16-0046
The Board of County Commissioners at the March 8, 2017 land use hearing approved a request for a
Site Specific Development Plan and Use by Special Review Permit, USR16-0046, is 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 for a platted lot described as Lot 5, Antelope Hills
Subdivision in favor of Leslie H. Glynn.
The conditions of approval and the recording of the associated USR16-0046 map was not perfected
The Board of County Commissioners at the October 7, 2019 land use hearing approved a request for the
Resubdivision of Lot 5 Antelope Hills Subdivision into two (2) residential lots in favor of Leslie H. Glynn
in c/o Melissa Watt
Condition of Approval;, 1.B "Prior to recording the Resubdivision RES19-0009 Plat states:
The applicant shall submit a request to withdraw and rescind the approval for USR16-
0046 as approved by the Board of county Commissioners on March 8, 2017 for one (1)
single-family dwelling unit per lot other than those permitted under Section 23-3-20A
(second single family dwelling unit) in the A (Agricultural) Zone District for a platted lot
described as Lot 5, Antelope Hills Subdivision.
The applicant's representative, Melissa Watt submitted a letter for this request dated October 7, 2019.
The Resubdivision plat, RES19-0009 was recorded January 22, 2020 under rececption no. 4560369
On behalf of Leslie H. Glynn in c/o Melissa Watt, the Department of Planning Services respectively
requests support of this request.
2023-0138
TLV159
Leslie Hansen
do Melissa Watt
33766 Cliff Rd
Windsor CO 80550
970-371-9934
October 7, 2019
Weld County
Attn: Kim Ogle
Department of Planning Services
Greeley CO 80634
Dear Mr. Ogle,
We request to withdraw and vacate the unperfected USR 16-0046 conditionally
approved by the Board of County Commissioners on March 8th, 2017 for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20 A in the A
Zone District.
Sincerely yours,
Melissa Watt
303-506-2440
RESOLUTION
Ciyeri
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0046, 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 -
LESLIE H. GLYNN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter. is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of
March, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Leslie H. Glynn, 33766 Cliff Road, Windsor, CO 80550, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0046, 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 the following described real estate, being
more particularly described as follows:
Lot 5, Antelope Hills Subdivision, 1st Filing; part of
Section 13. Township 6 North, Range 67 West of the
6th P.M., Weld County. Colorado
WHEREAS, at said hearing, the applicant was represented by Melissa Watt. 1030 Pinyon
Ct., Windsor, CO 80550, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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 Ms. Glynn's
daughter and her family who will be able to assist in the care of the
daughter's grandparents while Ms. Glynn is at work. In the future,
should the residents vacate the property, the second dwelling may
PL cKORYIne , PfCHE,),
(AL C6E), C.TSC 1 / Sr) 2017-0515
319Q/ 17 PL2459
SPECIAL REVIEW PERMIT (USR16-0046) - LESLIE H. GLYNN
PAGE 2
be used as a rental income residence or may be placed on a
separate parcel of land through the subdivision application process.
The Use by Special Review Permit is required for the second single
family dwelling unit as the property is in a subdivision.
2) 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 is requesting a USR
permit for two (2) single-family dwellings on one parcel. The
applicant receives water from the North Weld County Water District
via water tap account number, 1197-001. A new septic will be
placed on the property to accommodate the new residence. The
Conditions of Approval and Development Standards ensure that
there are adequate services and facilities available.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.M allows for a Site
Specific Development Plan and Use by Special Review Permit for one (1)
single-family dwelling unit per lot other than those permitted under Section
23-3-20.A (second single-family dwelling unit).
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The subject property has the
property owner's residence and is located at the end of a cul-de-sac.
Property adjacent to the west is a single family residence on approximately
2.6 acres and to the east is a single family residence on approximately
5.0 acres. The Glynn property is 3.8 acres in area with the improvements
restricted to the west property line. To the south is an 11 -acre parcel with
a single family residence. Staff received a telephone call from an adjacent
property owner to the east who was inquiring about the post card received
and asked for additional information. Staff received several electronic
mailings from neighbors of the applicant seeking clarification of a statement
provided on the postcard. No other telephone calls or correspondence
concerning this application was received.
D. Section 23-2-230.6.4 -- 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 three (3) miles of the Town of
Severance and Town of Windsor and within the Coordinated Planning
Agreement with the Town of Windsor. The Town of Windsor in an electronic
mail received December 12, 2016, indicated the subject property is located
outside of Windsor's Growth Management Area and is ineligible for
annexation. The Town of Severance in their referral dated December 13,
2016, indicated no conflicts with their interests.
2017-0515
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SPECIAL REVIEW PERMIT (USR16-0046) - LESLIE H. GLYNN
PAGE 3
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The property is not within the
floodplain. The existing site is within the County -Wide Road Impact and the
Capital Expansion Impact Fee areas. Building Permits issued on the lot will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 3.83 acres of a
platted subdivision parcel. The property has existing improvements and the
new residence will be located within a footprint of approximately 2,500
square feet. The remaining 3.7 acres will continue to be utilized as a
landscape amenity.
G. Section 23-2-230.B.7 — 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Leslie H. Glynn, for a Site Specific Development Plan
and Use by Special Review Permit, USR16-0046, 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 the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0046.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Show and label the approved access(es) (AP#16-00598), and the
appropriate turning radii on the site plan.
5) Show and label the approved tracking control on the site plan.
6) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder, as applicable.
2017-0515
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SPECIAL REVIEW PERMIT (USR16-0046) - LESLIE H. GLYNN
PAGE 4
7) Cliff Road is a paved road and is designated on the Weld County
Road Classification Plan as a local road which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate on the site
plan the existing right-of-way. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County.
8) The applicant shall show the drainage flow arrows.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Prior to the issuance of the Certificate of Occupancy:
A. An on -site wastewater treatment system is required for the proposed
residence and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations.
4. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map,
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
6. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
2017-0515
PL2459
SPECIAL REVIEW PERMIT (USR16-0046) - LESLIE H. GLYNN
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of March, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAD
ATTEST: ditAvy jC%,„;
Weld County Clerk to the Board
BY / I��UC. 0-
APP
ty Clerk to the Board
orney
Date of signature: ?5/'L2/ 17
Julie • . Cozad, Chair
Steve Moreno, Pro -Tern
Sean P. Conway
ik- Freeman
arbara Kirkmey
r
2017-0515
PL2459
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LESLIE H. GLYNN
USR16-0046
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0046, is
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,
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
4. The historical flow patterns and runoff amounts will be maintained on the site.
5. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
6. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems.
7. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
8. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
9. 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.
10. 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.
2017-0515
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DEVELOPMENT STANDARDS (USR16-0046) - LESLIE H. GLYNN
PAGE 2
11. 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.
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. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
14. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2017-0515
PL2459
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