HomeMy WebLinkAbout20213130.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION
Moved by Michael Wailes, 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: USR21-0014
APPLICANT: VICTORIA AND SHAWN MCCUNE
PLANNER: CHRIS GATHMAN
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 DESCRIPTION: LOT 5, BLOCK 1 OF NELSON SUBDIVISION; BEING PART OF THE SE4
SECTION 24, T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO APPALOOSA AVENUE, APPROXIMATELY 250
FEET NORTH OF NELSON STREET AND APPROXIMATELY 450 FEET WEST OF
CR 37.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submittec 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 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 for a second residence located to the west approved in 2017 under USR17-0011. The
property is surrounded by 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).
RESOLUTION USR21-0014
VICTORIA AND SHAWN MCCUNE
PAGE 2
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 Brighton and the City of
Fort Lupton No referral response has been received from Brighton and 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 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 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 Planning Commission recommendation for approval is conditional upon the following
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 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)
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
RESOLUTION USR21-0014
VICTORIA AND SHAWN MCCUNE
PAGE 3
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 (Department of Public Works)
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 -site Wastewater 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)
RESOLUTION USR21-0014
VICTORIA AND SHAWN MCCUNE
PAGE 4
Motion seconded by Butch White
VOTE
For Passage
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Michael Wailes
Michael Palizzi
Against Passage Absent
Pamela Edens
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 Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, 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 November 2, 2021
Dated the 2nd of November, 2021
-1 ►1ec t, cam u)ti-e_
Michelle Wall
Secretary
RESOLUTION USR21-0014
VICTORIA AND SHAWN MCCUNE
PAGE 5
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 (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 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 (Department of Planning Services)
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 (Department of Building Inspection)
12 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
13 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations
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
RESOLUTION USR21-0014
VICTORIA AND SHAWN MCCUNE
PAGE 6
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted Any other changes shall be filed in the office of the Department of
Planning Services
15 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners
16 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 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
RESOLUTION USR21-0014
VICTORIA AND SHAWN MCCUNE
PAGE 7
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 2, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes,
Michael Palizzi.
Absent: Pamela Edens.
Also Present: Chris Gathman, Maxwell Nader, Jim Flesher, and Tom Parko, Department of Planning
Services; Lauren Light, Department of Environmental Health; Bob Choate, County Attorney, and Michelle
Wall, Secretary.
Motion: Approve the October 5, 2021 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Lonnie Ford. Motion passed unanimously.
CASE NUMBER: USR21-0014
APPLICANT: VICTORIA AND SHAWN MCCUNE
PLANNER: CHRIS GATHMAN
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 DESCRIPTION: LOT 5, BLOCK 1 OF NELSON SUBDIVISION; BEING PART OF THE SE4
SECTION 24, T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO APPALOOSA AVENUE, APPROXIMATELY 250
FEET NORTH OF NELSON STREET AND APPROXIMATELY 450 FEET WEST
OF CR 37.
Chris Gathman, Planning Services, presented Case USR21-0014, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Victoria and Shawn McCune, 2346 Appaloosa Avenue, Brighton, Colorado. Ms. McCune said that they are
requesting to build a second home on their property for her in-laws to live in. She said that a neighbor built
a second home within the last five years and it was a successful project for them. Ms. McCune said they
have a well permit to drill the second well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Cope asked how the applicant plans to close one of the horse -shoe drives and add a second
entrance. Mr. McCune answered that one of the entrances would be closed off. On the north side of the
existing home there would be an entrance for the second home. Ms. McCune explained that the previous
owners had a horse run, and that is where they plan to have the second drive. Mr. Cope asked if the
applicants planned to match the drive that was on the opposite side of the road. Ms. McCune answered
yes
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 USR21-0014 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 Michael Wailes, Seconded by Butch White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes Butch White, Elijah Hatch, Lonnie Ford, Michael Palazi, Michael Wailes, Sam Gluck, Skip Holland,
Tom Cope
The Chair asked the public if there were other items of business that they would like to discuss
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 2 43 pm
Respectfully submitted,
''h'kG'Gtt.tge, of W�-Q-
Michelle Wall
Secretary
ATTENDANCE RECORD
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