HomeMy WebLinkAbout20170828.tiffPlanner:
Case Number:
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
C. Gathman
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: March 7,
2017
USR17-0001
Cheryl Crabbe, Gilbert Jr.& Rande Bernal
23462 County Road 55, Kersey, CO 80644
Cheryl Crabbe
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
of the Weld County Code (second single-family dwelling unit) in the A (Agricultural)
Zone District.
Lot A of Recorded Exemption RE -1214: located in Part of the NW4SW4 of Section 3,
T4N, R64W of the 6th PM, Weld County, CO
East of and adjacent to CR 55 and approximately 1/2 mile south of CR 50
+/- 10.13 acres Parcel No. 105303000035
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:
v
Weld County Department of Public Works - Access, response dated January 26, 2017
Weld County Department of Public Works, referral dated January 10, 2017
Weld County Department of Planning Services - Engineer, referral dated January 30, 2017
Weld County Department of Public Health and Environment, referral dated January 18, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated January 5, 2017
Y Weld County School District RE -7, referral dated January 10, 2017
Y Weld County Sheriff's Office, referral dated January 13, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Kersey
Y Weld County Department of Building Inspection
Y Platte Valley Fire Protection District
▪ Colorado Parks and Wlidlife
▪ Central Weld County Water District
▪ West Greeley Soil Conservation District
USR17-0001 CRABBE/BERNAL
Planner:
C. Gathman
Case Number: USR17-0001
Applicant:
Address:
Representative:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: March 7,
2017
Cheryl Crabbe, Gilbert & Rande Bernal
23462 County Road 55, Kersey, CO. 80644
Cheryl Crabbe
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
of the Weld County Code (second single-family dwelling unit) in the A (Agricultural)
Zone District.
Lot A of Recorded Exemption RE -1214: located in Part of the NW4SW4 of Section 3,
T4N, R64W of the 6th PM, Weld County, CO
Location: East of and adjacent to CR 55 and 1/2 mile south of CR 50.
Size of Parcel: +/- 10.13 acres Parcel No. 105303000035
Case Summary:
The applicants are proposing under this USR to allow an existing residence on the site to be rented to
non -family members. The two residences are currently lived in by extended family members in
accordance with Zoning Permit for a Second Dwelling (ZPSD11-0005). This permit allowed the second
residence to be lived in by family members or caregivers. There are no additional changes (including
additional buildings and structures) to the site proposed under this permit.
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."
There are two (2) single-family residences on the property. One of the homes is lived in
by an older couple who wishes to downsize and plan on selling and moving away. This
would allow one of the homes to be utilized as a rental for the existing family remaining
on the property if the conditions warrant it.
USR17-0001 CRABBE/BERNAL
No additional structures or changes to the site are proposed under this application.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-220.A.3 of the Weld County Code allows for a
Site Specific Development 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 property is located north of and adjacent to an existing oil and gas support business
(USR12-0054 — for the parking and storage of oil and gas water service trucks), is
located to the south of farm ground and an existing dairy facility to the north and
northwest. All other adjacent lands are agricultural production with rural residences.
The proposed USR will be compatible with the existing surrounding area as no additional
structures/buildings are proposed.
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 area and Cooperative Planning
Agreement area between Weld County and the Town of Kersey. No referral response
has been received from the Town of Kersey.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is not in a floodplain.
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 proposed facility is located on approximately 10.13 acres delineated as "Primes' per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. No
additional improvements are proposed nor will additional agricultural land be removed
under this USR
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
USR17-0001 CRABBE/BERNAL
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 plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0001 (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. County Road 55 is a gravel 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)
5. Show and label the approved access (AP11-00425), and the appropriate turning radii
on the site plan. (Department of Public Works)
6. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
7. The applicant shall show the drainage flow arrows. (Department of Planning
Services -Engineer)
2. 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)
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)
4. 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)
5. Prior to Construction:
USR17-0001 CRABBE/BERNAL
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
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)
USR17-0001 CRABBE/BERNAL
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cheryl Crabbe, Gilbert & Rande Bernal
USR17-0001
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0001, for One (1)
Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of the Weld
County Code (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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
4. 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)
5. 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)
6. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
7. 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)
8. 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)
9. 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)
10. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
13. Building permits may 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)
USR17-0001 CRABBE/BERNAL
14. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
USR17-0001 CRABBE/BERNAL
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.
USR17-0001 CRABBE/BERNAL
February 15, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
CHERYL CRABBE
23462 CR 55
KERSEY CO 80644
Subject: USR17-0001 - 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 of the Weld
County Code (second single-family dwelling unit) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4SW4 SECTION 3, T4N, R64W LOTA REC EXEMPT RE -1214 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 7, 2017, at 12:30
p.m. Asubsequent hearing with the Board of County Commissioners will be held on March 29, 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.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
January 05, 2017
Cheryl Crabbe
23462 CR 55
Kersey, CO 80644
Subject: USR17-0001 - 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 of the Weld
County Code (second single-family dwelling unit) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4SW4 SECTION 3, T4N, R64W LOT A REC EXEMPT RE -1214 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:
Kersey at Phone Number 970-353-1681
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,
Chris Gathman
Planner
FIELD CHECK inspection dates: 3/7/2017
APPLICANT: Cheryl Crabbe, Gilbert Jr.& Rande Bernal
CASE #: USR17-0001
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 of the Weld
County Code (second single-family dwelling unit) in the A (Agricultural) Zone District.
LEGAL: Lot A of Recorded Exemption RE -1214; located in Part of the NW4SW4 of Section 3,
T4N, R64W of the 6t" PM, Weld County, CO
LOCATION: East of and adjacent to CR 55 and approximately 1/2 mile south of CR 50.
PARCEL ID #s: 105303000035
ACRES:
+/- 10.13 acres
Zoning
Land Use
N
A
N
Cropland/Dairy
E
A
E
Cropland
S
A
S
Oil and Gas Support Business (USR12-0054)
W
A
W
Cropland
COMMENTS:
Two existing Single family residences and outbuildings on property. Oil and gas production facility to the
east of the existing buildings.
Chris Gathman - Planner III
Hello