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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
Case Number: USR18-0121
Applicant: Kevin & Kathryn Beiland
Address: 6251 County Road 20, Longmont, CO 80504
Hearing Date: February 19, 2019
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) in the A (Agricultural) Zone District.
Legal Lot B of Amended Recorded Exemption AMRE-3310; being a part of the SW4 of
Description: Section 18, Township 2, Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 20 (Pine Cone Avenue); approximately 1,000
feet east of County Road 13 (Colorado Boulevard)
Size of Parcel: +/- 3.57 acres Parcel No. 1311-18-3-00-076
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 Zoning Compliance, referral dated November 27, 2018
Saint Vrain Valley School District RE -1J, referral dated November 30, 2018
Weld County Department of Public Works, referral dated December 20, 2018
Weld County Department of Public Health and Environment, referral dated December 17, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Town of Frederick, referral dated November 26, 2018
Y Town of Firestone, referral dated December 21, 2018
Y Central Weld County Water District, referral dated November 29, 2018
Y Frederick -Firestone Fire Protection District, referral dated November 26.2018
Y State of Colorado, Division of Water Resources, referral dated December 3, 2018
The Department of Planning Services' staff has not received referral responses from the following agencies:
Y Longmont Conservation District
Y Weld County Building Department
USR18-0121, Beiland, Page 1 of 7
Planner:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Maxwell Nader
Case Number: USR18-0121
Applicant: Kevin & Kathryn Beiland
Address: 6251 County Road 20, Longmont, CO 80504
Hearing Date: February 19, 2019
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) in the A (Agricultural) Zone District.
Legal Lot B of Amended Recorded Exemption AMRE-3310; being a part of the SW4 of
Description: Section 18, Township 2, Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 20 (Pine Cone Avenue); approximately 1,000
feet east of County Road 13 (Colorado Boulevard)
Size of Parcel: +/- 3.57 acres Parcel No. 1311-18-3-00-076
Case Summary:
The applicants are requesting a Use by Special Review Permit for the use of an existing structure for a
second single-family dwelling for family, a caretaker or rental purposes. The parcel is zoned A (Agricultural)
and is not located in a subdivision. The principle dwelling is currently uninhabitable but there are plans of
renovation.
This site currently has an active zoning violation (ZCV18-00184) which was initiated due to the presence
of more than 1 (one) dwelling unit without first completing the necessary Weld County Zoning Permits. This
case has not been forwarded to the County Attorney's Office; therefore, an investigation fee is not required.
Approval of this application by the Board of County Commissioners would correct the outstanding violation.
If this application is denied, the Department of Planning Services asks that the Board forward this case to
the County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days to allow the
applicant time to permit as an accessory structure, to submit a demolition permit, or to remove the second
home from the property.
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.
USR18-0121, Beiland, Page 2 of 7
Section 22-2-20.F.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker,
guest and accessory quarters."
The proposed second single family dwelling is for an unrestricted tenant. This could be for
family, caretakers or rental purposes.
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."
There is currently water and septic service being provided to the property. Well Permit #
311637 allows for ordinary household purposes inside two single family dwellings as stated
in the Colorado Division of Water Resources referral letter dated December 3, 2018. There
is an existing septic system, permit # G19732722, for the existing uninhabitable primary
home (6251 CR 20) and is sized for three (3) bedrooms. A new septic system will be
applied for and installed for the second residence and shop.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. --Intent, of the Weld County Code states, "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater impact than Uses
Allowed by Right." This code section allows the applicant to apply for a USR (Use by
Special Review) Permit.
Section 23-3-40.M. of the Weld County Code allows 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 Agricultural (A) Zone District. This code section allows the applicant to apply for
the subject second home.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The uses surrounding this parcel are primarily residential.
The subject property is within a Weld County quarter section enclave, that is surrounded
by Frederick and Firestone municipal limits.
The properties to the east are located within the municipal limits of the Town of Firestone
with the exception of multiple recorded exemptions located within Weld County. The
properties to the west are located within the Town of Frederick municipal limits. The primary
uses within adjacent Firestone and Frederick municipal limits are residential subdivisions.
The proposed second home density is consistent with the urban nature of the Firestone,
Frederick and surrounding Weld County properties making this proposal compatible. The
proposed permit is for a second residence for caretakers and family members which would
not take away nor hinder from the existing surrounding residential land uses.
There is one Use by Special Review Permit USR-1174 for a kennel (up to 125 dogs & 35
cats) located west of and adjacent to the site. There are several Use By Special Review
Permits within one mile of the site. Including one (1) child care center, three (3) animal
training facility/kennels, one (1) recreation facility, one (1) single family residence, one (1)
Accessory building and two (2) home businesses.
USR18-0121, Beiland, Page 3 of 7
The Weld County Department of Planning Services sent notice to sixteen (16) surrounding
property owners within five -hundred (500) feet. No responses were received back from
surrounding property owners regarding the proposed application.
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 a three (3) mile referral area of the Town of Firestone and the
Town of Frederick. Both towns returned referrals indicating no concerns.
The site is located within the Town of Firestone's Intergovernmental Agreement Area (IGA).
As part of the pre -application process, Firestone submitted a signed Notice of Inquiry form
that stated the applicant should consider annexation. The applicant does not wish to annex
at this time. The Firestone NOI response also stated the applicant shall use the existing
access off of County Road 20. The Town of Firestone will not grant another access point
at this time. Additionally, the 2013 Town of Firestone Future Land Use map identifies the
parcel as Low Density Residential. The site is not located in a Regional Urbanization Area
(RUA) or Urban Growth Boundary (UGB) of a municipality.
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, a Special Flood Hazard
Area, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area.
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 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The soil designation for the site is "Irrigated (not prime)" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. Due to the classification given, the
proposed USR will not take "Prime (Irrigated)" Farmland out of production. Additionally, the
site is not current farmland and the small lot size is not suitable for farming.
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:
USR18-0121, Beiland, Page 4 of 7
1. Prior to recording the Map:
A. An on -site waste -water treatment system is required for the caretaker's residence and shall
be installed according to the Weld County On -site Waste -water Treatment System
(O.W.T.S.) Regulations. (Department of Public Health and Environment)
B. County Road 20 has been annexed by the Town of Firestone. Access and right-of-way
requirements will be determined by the Town. (Department of Public Works)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0121 (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. Show and label all recorded rights -of -way and easements on the lot. (Department of
Planning Services)
5. Show and label the locations and setbacks of the existing primary and secondary
residences. (Department of Planning Services)
6. Label the approved Town of Firestone accesses on the map with access permit
number if applicable. (Department of Public Works)
7. The applicant shall show the drainage flow arrows. (Department of Public Works)
8. 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 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)
5. Prior to Construction:
a. 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)
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)
USR18-0121, Beiland, Page 5 of 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kevin & Kathryn Beiland
USR18-0121
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0121, 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.
(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. (Department of Public Works)
4. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
5. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
6. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
7. An onsite wastewater treatment system is required for the proposed residence and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. (Department of
Public Health and Environment)
8. 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.
9. 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.
10. 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.
11. 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
USR18-0121, Beiland, Page 6 of 7
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.
12. 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 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.
USR18-0121, Beiland, Page 7 of 7
January 09, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
BEILAND KATHRYN
6251 CR 20
FIRESTONE, CO 80504
Subject: USR18-0121 - 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:
PART SW4 SECTION 18, T2N, R67W LOT B AMEND REC EXEMPT AMRE-3310 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 19, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 13, 2019 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,
^,.
Maxwell Nader
Planner
November 26, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
BEILAND KATHRYN
6251 CR 20
LONGMONT CO 80504
Subject: USR18-0121 - 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:
PART SW4 SECTION 18, T2N, R67W LOT B AMEND REC EXEMPT AMRE-3310 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 Departments for their review and comments:
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
n c/•
Maxwell Nader
Planner
FIELD CHECK
Inspection date: February 4, 2019
CASE NUMBER:
APPLICANT:
LEGAL DESCRIPTION:
LOCATION:
USR18-0121
Kevin and Kathryn Beiland
Lot B of Amended Recorded Exemption AMRE-3310; being a
part of the SW4 of Section 18, Township 2, Range 67 West of
the 6th P.M., Weld County, Colorado
North of and adjacent to County Road 20 (Pine Cone Avenue);
approximately 1,000 feet east of County Road 13 (Colorado
Boulevard)
Zoning
Land Use
N
City limits of Firestone
N
Open space / Agriculture
E
A (Agricultural)
E
Agricultural / Rural Residential
s
City limits of Firestone
S
Open space / Agriculture
W
A (Agricultural)
W
Agricultural / Rural Residential
COMMENTS:
The site is located north of CR 20 (Pine Cone Avenue) (pavement) and approximately 1,000 feet east of
CR 13 (pavement). This is the primary access to the property which is shared by four (4) other properties.
The site contains one existing residence and a pole barn. The existing residence is currently not being
lived in and will eventually be the primary residence. The pole barn currently has an apartment built within
it and is being lived in.
Maxwell Nader, Planner I 02/09/2019
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