HomeMy WebLinkAbout20200195.tiffHEARING CERTIFICATION
DOCKET NO. 2020-06
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0040, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A IN THE A (AGRICULTURAL) ZONE
DISTRICT — MARIE ALKIRE
A public hearing was conducted on January 22, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Sean P. Conway — EXCUSED
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Department representative, Zachery Roberson
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated November 22, 2019, and duly published
November 27, 2019, in the Greeley Tribune, a public hearing was conducted to consider the
request of Marie Alkire, for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0040, for one (1) Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney,
made this a matter of record.
Chair Freeman reviewed for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four (4) Commissioners being present and Commissioner Conway
being excused.
2 Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and indicated there are protective covenants for the subdivision, which do not prohibit second
homes. He explained the second home will be utilized by the applicant's son to help care for the
property and mentioned the application was originally submitted November 7, 2016. He
summarized the timeline of the application, which was withdrawn in 2017, and the applicant
received a refund; however, in 2019, the applicant contacted the Department of Planning Services
and paid the application fee to continue the USR process. He stated, if approved, the applicant
would use the existing accessory structure as the second home. He indicated 18 surrounding
property owners (SPO) were notified of the hearing, three (3) letters of opposition were received,
and two (2) of the three (3) opposing SPOs also called to express their concerns. He stated no
businesses are located on the proposed site, and noted there was discussion at the Planning
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HEARING CERTIFICATION - MARIE ALKIRE (USR16-0040)
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Commission (PC) hearing indicating the primary residence is not being used as a rental property.
Mr. Hall summarized the PC occurrences, and stated 12 referrals were sent out and seven (7)
agencies responded. He indicated the site is located within the three (3) mile referral areas and
the Coordinated Planning Agreement (CPA) boundaries of the Towns of Windsor, Severance and
Timnath and all returned a signed Notice of Inquiry (NOI) form with no concerns, as of August
2019. He presented a map of the site and described the layout and adjacent lands, including the
zoning and other sites within the Subdivision. He showed a map of the subdivision and indicated
where the opposing SPOs are located, presented images of the site and surrounding views, and
entered the favorable recommendation of the Planning Commission into the record as written.
Commissioner Kirkmeyer questioned whether the Board has the authority to review the case
based on Code changes which were made after the original submittal was withdrawn and the
application fee refunded. There was discussion between Mr. Choate and the Board concerning
the Code and USR requirements. Mr. Choate explained his understanding of the direction given
to Planning Services, by the County Attorney, and advised the Board they had the authority to
move forward at their discretion. In response to Commissioner Kirkmeyer, Mr. Hall stated the case
was resubmitted August 16, 2019, after the new code regulations were enacted. Following
discussion reiterating the information provided and reviewing the timeline of the case,
Chair Freeman recessed the hearing to allow consultation among Mr. Choate, Bruce Barker,
County Attorney, and the Department of Planning Services Director, Tom Parko.
I Chair Freeman reconvened the hearing and, based on the discussion which took place during
the recess, Commissioner Kirkmeyer concluded the old application should not have been allowed
for resubmittal and, the Board could not review the request as presented with old criteria effective
at the time of the original application.
Commissioner Kirkmeyer moved to refer the request of Maire Alkire for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0040, for one (1) Single -Family
Dwelling Unit per lot other than those permitted under Section 23-3-20.A in the A (Agricultural)
Zone District back to the Department of Planning Services and directed staff to issue a refund of
the application fee. The motion was seconded by Commissioner James, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:03 a.m.
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HEARING CERTIFICATION - MARIE ALKIRE (USR16-0040)
PAGE 3
This Certification was approved on the 27th day of January, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadctiW jC/io:oki
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Mike Freeman, Chair
Steve Moreno, Pro-Tem
2020-0195
PL2733
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