HomeMy WebLinkAbout20183587.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Angela Snyder Hearing Date: October 16, 2018
Case Number: USR18-0074
Owner/Applicant: Glenn Dewayne Cecil
Address: 36640 County Road 51, Eaton, CO 80615
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 A of Recorded Exemption RE -2281; being part of the SW4 of Section 32, T7N,
Description: R64W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Rd 74; East of and adjacent to County Rd 51
Size of Parcel: +/- 1.67 acres Parcel No. 0711-32-0-00-069
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 Planning Services Floodplain Management, referral dated July 30, 2018
Weld County Department of Public Health and Environment, referral dated August 15, 2018
Weld County Department of Public Works, referral dated August 24, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County School District RE -2, referral dated July 20, 2018
Y Weld County Zoning Compliance, referral dated July 30, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Y Galeton Fire Protection District
Y North Weld County Water District
Y Weld County Building Department
USR18-0074 I Cecil - Page 1 of 8
Planner:
Case Number:
Owner/Applicant:
Address:
Request:
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Description:
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Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Angela Snyder
USR18-0074
Glenn Dewayne Cecil
36640 County Road 51, Eaton, CO 80615
Hearing Date: October 16, 2018
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.
Lot A of Recorded Exemption RE -2281; being part of the SW4 of Section 32, T7N,
R64W of the 6th P.M., Weld County, CO
North of and adjacent to County Rd 74; East of and adjacent to County Rd 51
+/- 1.67 acres Parcel No. 0711-32-0-00-069
The applicants are requesting a Site Specific Development Plan and Use by Special Review Permit for a
second single-family dwelling. The parcel is not located in a subdivision. A USR for a second home is
being requested as the applicants would like the ability to have unrestricted use of the second home on
the property, currently permitted as a medical hardship (ZPMH-2093). The home was permitted for Mr.
Cecil's grandmother, who has since passed away. His mother lives in the primary home. The proposed
second dwelling is intended to be used as a residence for the applicants' mother in the future, should she
be unable to navigate stairs in the principle home, or for an employee, a caregiver, or as a rental unit,
should his mother decide to remain in the principle dwelling. There is an existing Use by Special Review
Permit, SUP -312, for a 1000 -head hog farm that covers the entire SW4 of Section 32. A vacation or
partial vacation of SUP -312 for the area covered by this Use by Special Review will be required prior to
recording the USR18-0074 map,
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.
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 has been used as a residence for family
members, and the family would like the option of using it for family in the future.
USR18-0074 I Cecil - Page 2 of 8
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 provided to the property. Water is being
provided to both homes by North Weld County Water District (NWCWD). Sewer service
is being provided to both homes by Galeton Water & Sanitation District.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
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.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
Both homes are currently on the property, so this permit will not change the density or
nature of the area. The site is adjacent to the Galeton townsite. The density is consistent
with the urban nature of the Galeton townsite and the proposal is compatible.
There are five (5) Use by Special Review Permits within one (1) mile of the proposal:
SUP -315 Hog Farm, USR-1577 Outdoor Storage and Farm Equipment, USR13-0046
Electrical Contractor Shop, USR-917 Wastewater Treatment Plant, and USR-703AM
Adult Group Home.
The Weld County Department of Planning Services sent notice to thirty-six (36)
surrounding property owners. Planning staff received no letters in response to this USR.
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 not located within the boundary of an Intergovernmental Agreement (IGA) or
within three miles of an incorporated municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
A portion of the property is located within the Special Flood Hazard Area of Willow Creek.
Development within this area requires a Flood Hazard Development Permit. The property
is not within the Geologic Hazard Overlay District or the Airport Overlay District. Building
Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be
required to adhere to the fee structure of the 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 "Prime (Irrigated)" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The small lot size does not support
agricultural operations. The property is not irrigated, and this proposal will not remove
any land from agricultural production.
USR18-0074 I Cecil - Page 3 of 8
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. There is a Use by Special Review Permit, SUP -312, for a hog farm in the A (Agricultural)
Zone district. This USR encompasses all of Section 32-7-64, including the subject property.
A partial vacation or complete vacation shall be done to remove this property from SUP -
312. Please note that a complete vacation request letter needs to include signatures of all
affected property owners.
B. The Map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0074 (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 principle and second
homes. (Department of Planning Services)
6. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
7. County Road 51 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
8. County Road 74 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
9. Show and label the approved access location, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
USR18-0074 I Cecil - Page 4 of 8
10. The applicant shall show the drainage flow arrows. (Department of Public Works)
11. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Prior to Construction:
A. Any construction in the floodplain requires a floodplain permit. (Department of Planning
Services - Floodplain)
3. 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
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. (Department of Planning Services)
4. 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)
USR18-0074 I Cecil - Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Glenn Dewayne Cecil
USR18-0074
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0014, 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. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1275E effective date January 20, 2016 (Willow Creek Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains
in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65.
The FEMA definition of development is any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials. (Department of
Planning Services - Floodplain)
4. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
5. The property owner shall control noxious weeds on the site. (Department of Public Works)
6. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
7. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
8. 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. (Department of Public Works)
9. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
11. Sewer service shall be provided by Galeton Water and Sanitation District. (Department of Public Health
and Environment)
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.
USR18-0074 I Cecil - Page 6 of 8
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 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. 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.
17. WELD COUNTY'S RIGHT TO FARM: 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,
USR18-0074 I Cecil - Page 7 of 8
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.
USR18-0074 I Cecil - Page 8 of 8
September 13, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
LOCKMAN SHERI
36509 CR 41
EATON, CO 80615
Subject: USR18-0074 - 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 32, T7N, R64W LOT REC EXEMPT RE -2281 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 2, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 14,
2018 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.org
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
July 27, 2018
LOCKMAN SHERI
36509 CR 41
EATON, CO 80615
Subject: USR18-0074 - 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 32, T7N, R64W LOT A REC EXEMPT RE -2281 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.
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 9/20/2018
Case Number: USR18-0074
Applicant: Glenn Dewayne Cecil
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
Description:
Lot A Recorded Exemption RE -2281, being a part of the SW4 of Section
32, Township 7 North, Range 64 West of the 6th P.M., Weld County,
Colorado
Location: North of and adjacent to County Rd 74; East of and adjacent to County
Rd 51
Total Size
of Parcels:
+/- 1.67 acres
Parcel Number: 0711-32-0-00-069
Zoning
Land Use
N
A (Agricultural)
N
Ag / Rural Residential
E
A (Agricultural)
E
Ag / Rural Residential
S
A (Agricultural)
S
Rural Residential / Galeton Townsite
W
A (Agricultural)
W
Commercial/Residential/Galeton Townsite
COMMENTS:
The site is located at the intersection of County Road 74, an arterial road and County Road 53, a
collector road. The second home is existing and is a manufactured home on a permanent
foundation. There are several ag outbuildings onsite. No zoning violations were noted.
t.
Angela'Snyder, Plann4r
Hello