HomeMy WebLinkAbout20213131.tiffLAND USE APPLICATION
SUMMARY
Planner: C. Gathman Hearing Date: November 2, 2021
Case Number: USR21-0014
Property Owners: Shawn & Victoria McCune
Address: 2346 Appaloosa Avenue, Brighton, CO. 80603
Request: A Site -Specific Development Plan and Use by Special Review Permit for One (1)
second Single -Family Dwelling per legal lot in the A (Agricultural) Zone District.
Legal Lot 5, Block 1, Nelson Subdivision; located in Part NE4 of Section 24, TIN, R66W
Description: of the 61h P.M., Weld County
Location:
Size of Parcel:
East of and adjacent to Appaloosa Avenue, Approximately 250 -Feet north of
Nelson Street and approximately 450 -feet west of County
Road 37.
± 2.51 acres Parcel No. 1471-24-4-01-003
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 Health and Environment, referral dated August 24, 2021
➢ Weld County Department of Public Works, referral dated August 19, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Zoning Compliance, referral dated September 24, 2021
▪ Adams County Community and Economic Development, referral dated September 29, 2021
▪ Colorado Department of Transportation, referral dated September 29, 2021
➢ Colorado Division of Water Resources, referral dated September 28, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVVVV
Weld County Sheriffs Office
Colorado Parks and Wildlife
City of Brig hton
Town of Lochbuie
Hudson Fire Protection District
Weld County School District RE -3J
West Adams Conservation District
USR21-0014, McCune
Pagel of7
Case Summary:
The applicant is proposing to add a mother -n -law residence to an existing property in the Nelson
Subdivision. The applicants are proposing to live in the mother -n -law residence to assist in the care of one
of the property owner's parents. The property is just over 2.5 acres in size. The applicant has applied fora
second well (applied for under permit no. 85459-E) and there is a well that serves the existing residence
under well permit no. 180188. A septic system is proposed to be installed for the new residence and the
existing residence is utilizes an existing permit permitted under no. G19940306).
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
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 23-2-30.C.2 of the Weld County Code states:
"Establish residential development options based on compatibility, proximity to municipalities,
and availability of services that reflect the desired density and character of that location."
The proposed second residence will be compatible with the existing area. There is an existing
USR fora second residence located to the west approved in 2017 under USR17-0011. The
property is surrounded by large residential lots.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
The proposed use is permittable under Section 23-3-40.HH
"Agriculture in the County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and residential
land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture
as an essential feature of the county. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
The proposal meets the intent because the second residence will not interfere with nor is
incompatible with agricultural uses in the area.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed use is in an area that can support this development. The property is located
within an existing residential subdivision (Nelson) and is located immediately to the east of a
property that contains a second residence (approved under USR17-0011).
USR21-0014, McCune
Page 2 of 7
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 areas of the City of Brig hton and the City of
Fort Lupton. No referral response were received by Brighton or Fort Lupton. The site is also
located within the Fort Lupton/Weld County Intergovernmental Agreement (IGA) boundary. The
City of Fort Lupton responded on July 14, 2021 that they were not interested in pursuing
annexation of this property.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport Overlay District, or a Special Flood Hazard Area.
Building Permits issued on the property will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee
Prog rams.
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 proposal is located on approximately 2.51 acres identified as Farmland of statewide
importance with a portion identified as Farmland of local importance per the 2020 Natural
Resource Conservation Service Soil Survey. No farmland is being removed from production as
this property is part of an existing residential subdivision (Nelson) and has an existing residence
and outbuildings.
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 map:
A. The approved well permit shall be submitted to the Department of Planning Services.
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR21-0014 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
USR21-0014, McCune
Page 3 of 7
4. Appaloosa Avenue is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Development Review)
5. Show and label the approved access locations, approved access width and the
appropriate turning radii on the site plan. Show and label the access to be closed and
reclaimed. The applicant must obtain an access permit in the approved locations prior
to construction. (Development Review)
6. Show and label the drainage flow arrows. (Development Review)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit 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. (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 be added for
each additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved accesses shall be permitted and constructed prior to on -site construction.
(Department of Public Works)
B. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
5. Prior to the issuance of the Certificate of Occupancy for the second residence:
A. An on -site wastewater treatment system is required for the proposed residence and shall be
installed according to the Weld County On-siteWastewater Treatment System Regulations.
(Department of Public Health and Environment)
6. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. 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)
USR21-0014, McCune
Page of7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
McCune
USR21-0014
1. A Site -Specific Development Plan and Use by Special Review Permit, USR21-0014, for One (1) second
Single -Family Dwelling per legal lot 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, Article I and II, of the Weld County Code.
4. The access to the site shall be maintained to mitigate any impacts to the public road , including damages
and/or off -site tracking.
5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
6. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement.
7. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement.
8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
9. Any On -site Wastewater Treatment System located on the property must complywith all provisions
of the Weld County Code, pertaining to Onsite Wastewater Treatment Systems.
10. 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.
11. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction.
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.
USR21-0014, McCune
Page 5 of 7
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 operatorshall be responsibleforcomplying with all of theforegoing 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. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
17. 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.
18. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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 no ise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, thosefeatures 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 accommodatethe intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noisefrom 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.
USR21-0014, McCune
Page 6 of 7
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 hund red (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, 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.
USR21-0014, McCune
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October 12, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
McCune Victoria
2346 Appaloosa Avenue
Brighton, CO 80603
Subject: USR21-0014 - A Site Specific Development Plan and Use by Special Review Permit for One
(1) second Single -Family Dwelling per legal lot in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT 5 BLOCK 1 NELSON SUB of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 02, 2021 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November
17, 2021 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must 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 https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully, 1
Chris Gathman
Planner
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