HomeMy WebLinkAbout20170516.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER.
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR16-0046
LESLIE GLYNN
KIM OGLE
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 5 ANTELOPE HILLS 1ST FG: PART OF SECTION 13, T6N. R67W OF THE
6TH P.M., WELD COUNTY COLORADO.
SOUTH OF CR 70. EAST OF CR 23, SOUTH OF CLIFF ROAD IN THE ANTELOPE
HILLS SUBDIVISION
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
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
RESOLUTION USR16-0046
LESLIE GLYNN
PAGE 2
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.
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 Planning Commission 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)
RESOLUTION USR16-0046
LESLIE GLYNN
PAGE 3
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 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)
RESOLUTION USR16-0046
LESLIE GLYNN
PAGE 4
Motion seconded by Gene Stille.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Joyce Smock
Terry Cross
Tom Cope
Gene Stille
Against Passage
Absent
Cherilyn Barringer
Jordan Jemiola
Michael Wades
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on February 7. 2017.
Dated the 71h of February, 2017
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Leslie H. Glynn
USR16-0046
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.
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.
RESOLUTION USR16-0046
LESLIE GLYNN
PAGE 6
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.
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.
RESOLUTION USR16-0046
LESLIE GLYNN
PAGE 7
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.
"R_ twk--k-c
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. February 7. 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present. Bruce Johnson, Bruce Sparrow, Gene Stille. Joyce Smock, Terry Cross. Tom Cope.
Absent Cherilyn Barringer, Michael Wailes. Jordan Jemiola.
Also Present. Diana Aungst. Chris Gathman. and Michelle Martin. Department of Planning Services;
Hayley Balzano. Department of Planning Services — Engineering Division: Ben Frissell. Department of
Health: Janet Lundquist and Evan Pinkham. Public Works; Bob Choate, County Attorney. and Kris
Ranslem, Secretary.
Motion: Approve the January 17. 2017 Weld County Planning Commission minutes, Moved by Joyce
Smock. Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION:
USR16-0046
LESLIE GLYNN
KIM OGLE
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 5 ANTELOPE HILLS 1ST FG, PART OF SECTION 13, T6N, R67W OF THE
6TH P M., WELD COUNTY, COLORADO
SOUTH OF CR 70 EAST OF CR 23. SOUTH OF CLIFF ROAD IN THE
ANTELOPE HILLS SUBDIVISION
Chris Gathman, Planning Services. presented Case USR16-0046. reading the recommendation and
comments into the record. A phone call was received from an adjacent property owner to the east asking
for more information. The Department of Planning Services recommends approval of this application with
the attached conditions of approval and development standards.
Janet Lundquist, Public Works. reported on the existing traffic and access to the site.
Hayley Balzano. Engineering. reported on the drainage conditions for the site.
Ben Frissell, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Leslie Glynn Hansen, 33766 Cliff Road. Windsor. Colorado, stated that they are proposing a second
residence for her daughter to live in while taking care of Ms. Glynn's parents while she is at work.
Commissioner Sparrow noted that this lot looks larger than the other lots. Ms. Hansen said that her property
and the adjacent property to the east are 5 acres in size and the remaining lots are approximately two (2)
acres in size
Commissioner Sparrow asked why they didn't divide the property and build separate residences. Ms.
Hansen said that her parents are needing care quickly and staff indicated that dividing the property would
be a longer process. She added that in the future they may look at dividing the property if they move or her
daughter would leave.
Commissioner Johnson asked if Antelope Hills has any covenants regarding this use. Ms. Hansen said
she has lived there for 25 years and it has never had an active Homeowners Association.
1
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak_
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Meeting adjourned at 3:05 pm
Respectfully submitted,
Kristine Ranslem
Secretary
2
Hello