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Home My WebLink About20170517.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Kim Ogle Hearing Date: February 7, 2017 Case Number: USR16-0046 Applicant: Leslie H. Glynn, 33766 Cliff Road, Windsor, CO 80550 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 5 Antelope Hills, being part NW4 of Section 13, T6N, R67W of the 6th P.M., Weld Description: County, CO Location: South of County Road 70; East of County Road 23; South of Cliff Road In the Antelope Hills Subdivision Size of Parcel: +1- 3.84 acres Parcel No. 0807-13-2-02-005 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: Windsor Severance Fire Protection District, referral dated December 27, 2017 Y Weld County Department of Public Works - Access, referral dated December 30, 2016 Y Weld County Department of Public Works, referral dated January 3, 2017 Y Weld County Department of Planning Services - Engineer, referral dated January 5, 2017 ▪ Weld County Department of Public Health and Environment, referral dated January 6, 2017 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ▪ Town of Windsor, referral dated December 12, 2016 ▪ Weld County Zoning Compliance, referral dated December 12, 2016 ▪ Town of Severance, referral dated December 13, 2016 ▪ Northern Colorado Water Conservancy District, referral dated December 16, 2016 The Department of Planning Services' staff has not received responses from the following agencies: ▪ Weld RE -4 Schools ▪ North Weld County Water District ▪ West Greeley Soil Conservation District ▪ Weld County Department of Building Inspection USR16-0046 GLYNN, Page 1 of 8 LAND USE APPLICATION SUMMARY SHEET Planner: Kim Ogle Hearing Date: February 7, 2017 Case Number: USR16-0046 Applicant: Leslie H. Glynn, 33766 Cliff Road, Windsor, CO 80550 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 5 Antelope Hills, being part NW4 of Section 13, T6N, R67W of the 6th P.M., Weld Description: County, CO Location: South of County Road 70; East of County Road 23; South of Cliff Road In the Antelope Hills Subdivision Size of Parcel: +/- 3.84 acres Parcel No. 0807-13-2-02-005 Case Summary: The property is zoned Agriculture and is located within the Antelope Hills subdivision and has a single family dwelling with attached garage on the site. The property owner / applicant seeks to construct a second single family dwelling for use by her family and in the future, should the second dwelling be vacated, as a rental income residence. 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 second single-family dwelling will be occupied by Ms. Glynn's daughter and her family who will be able to assist in the care of the daughter's grandparents while Ms. Glynn is at work. In the future should this person vacate the property, the second dwelling may be used as a rental income residence or may be placed on a separate parcel of land through the subdivision application process. The Use by Special Review Permit is required for the second single family dwelling unit as the property is in a subdivision. USR16-0046 GLYNN, 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." The applicant is requesting a USR permit for two (2) single-family dwellings on one parcel. The applicant receives water from North Weld County Water District via water tap account number 1197-001. A new septic will be placed on the property to accommodate the new residence. The Conditions of Approval and Development Standards ensure that there are adequate services and facilities available. 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. which allows for 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). C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The subject property has the property owner's residence and is located at the end of a cul-de- sac. Property adjacent to the west is a single family residence on approximately 2.6 acres and to the east is a single family residence on approximately 5.0 acres. The Glynn property is 3.8 acres in area with the improvements restricted to the west property line. To the south is an 11 acre parcel with a single family residence. Staff received a telephone call from an adjacent property owner to the east who was inquiring about the post card received and asked for additional information. Staff received several electronic mailings from neighbors of the applicant seeking clarification of a statement provided on the postcard. No other telephone calls or correspondence concerning this application was received. 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 three miles of the Town of Severance and Town of Windsor and within the Coordinated Planning Agreement with the Town of Windsor. The Town of Windsor in an electronic mail received December 12, 2016 indicated the subject property is located outside of Windsor's Growth Management Area and is ineligible for annexation. The Town of Severance in their referral dated December 13, 2016 indicated no conflicts with their interests. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The property is not with the Floodplain. The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. 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. USR16-0046 GLYNN, Page 3 of 8 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 proposed facility is located on approximately 3.83 acres of a platted subdivision parcel. The property has existing improvements and the new residence will be located within a footprint of approximately 2500 SF. The remaining 3.7 acres will continue to be utilized as a landscape amenity. 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 map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR16-0046. (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 the approved access(es) (AP16-00598), and the appropriate turning radii on the site plan. (Department of Public Works) 5. Show and label the approved tracking control on the site plan. 6. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder, as applicable. (Department of Public Works) 7. Cliff Road is a paved road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 8. The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 2. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services -Engineer) 3. Prior to the issuance of the Certificate of Occupancy: A. An onsite wastewater treatment system is required for the proposed residence and shall be USR16-0046 GLYNN, Page 4 of 8 installed according to the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public Health and Environment) 4. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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) 5. 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) 6. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 7. 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 map 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) USR16-0046 GLYNN, Page 5 of 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Leslie H. Glynn USR16-0046 1. A Site Specific Development Plan and Use by Special Review Permit, USR16-0046, 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 shall control noxious weeds on the site. (Department of Public Works) 4. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 6. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 8. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 10. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment) 11. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 12. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 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. USR16-0046 GLYNN, 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. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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: 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. USR16-0046 GLYNN, Page 7 of 8 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. USR16-0046 GLYNN, Page 8 of 8 January 13, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 WATT MELISSA 33766 CLIFF RD WINDSOR, CO 805503203 Subject: USR16-0046 - 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: LOT 5 ANTELOPE HILLS 1ST FG; PART OF SECTION 13, T6N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 7, 2017, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 8, 2017 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, Kim Og Planner December 12, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 WATT MELISSA 33766 CLIFF RD WINDSOR, CO 805503203 Subject: USR16-0046 - 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: LOT 5 ANTELOPE HILLS 1ST FG; PART OF SECTION 13, T6N, R67W 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: Windsor at Phone Number 970-674-2400 Severance at Phone Number 970-686-1218 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, Kim O Planner FIELD CHECK- USR96-0046 Inspection Date: December 6, 2016 Applicant: Leslie Glynn 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 5 Antelope Hill, being part NW4 of Section 13, T6N, R67W of the 6th P.M., Weld County, CO Location: South of County Road 70; East of County Road 23; South of Cliff Road in the Antelope Hills Subdivision Parcel ID #: 0807-13-2-02-005 Acres: 3.84 +1 - Land Use N AGRICULTURE N Rural Residential on platted Antelope Hill subdivision Lot E AGRICULTURE E Rural Residential on platted Antelope Hill subdivision Lot S Town of Severance S Rural Residential acreage Lot W AGRICULTURE W Rural Residential on platted Antelope Hill subdivision Lot Comments: The property is located within the Antelope Hills subdivision off of a paved road cul-de-sac with views to the front range from a position high on the hill. The site improvements are predominately adjacent to the western property line. The proposed second dwelling will be constructed near the eastern property line at a location away from the natural draw separating this parcel from the adjacent parcel to the east. The property that remains unimproved is in native grasses. ❑ House(s) — Glynn residence o Access to Property — Gravel drive off of Cliff Road a paved subdivision road o Site Distance — Good, Lot 5 is level and access is from the terminus of the cul-de-sac Note any commercial business/commercial vehicles that are operating from the site. Hello