HomeMy WebLinkAbout20162562.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: August 2, 2016
Case Number: USR16-0019
Applicant: Clay Keller, 42720 County Road 13, Fort Collins, CO 80524
Request: A Site Specific Development Plan and Use By Special Review Permit for one (1)
single- family dwelling unit per lot other than those permitted under Section 23-3-20 A
(second single family dwelling unit) in the A (Agricultural) Zone District.
Legal Lot B, RE -4716, being part SW4 NW4 of Section 31, T8N, R67W of the 6th P.M., Weld
Description: County, CO
Location: East of and adjacent to County Road 13; Approximately 0.25 miles south of County
Road 88
Size of Parcel: +1- 31.77 acres Parcel No. 0555-31-2-00-052
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 Public Works, referral dated June 17, 2016
y Weld County Department of Public Health and Environment, referral dated June 23, 2016
y Weld County Department of Planning Services - Engineer, referral dated June 28, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
r Town of Severance, referral dated May 31, 2016
✓ Weld County Zoning Compliance, referral dated May 31, 2016
✓ Weld County Sheriff, referral dated June 13, 2016
✓ West Greeley Soil Conservation District, referral dated June 13, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
Larimer County Planning
Ault Fire Protection District
North Weld County Water District
Weld County Department of Building Inspection
USR16-0019 CLAY KELLER, Page 1 of 8
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: August 2, 2016
Case Number: USR16-0019
Applicant: Clay Keller, 42720 County Road 13, Fort Collins, CO 80524
Request: A Site Specific Development Plan and Use By Special Review Permit for one (1)
single- family dwelling unit per lot other than those permitted under Section 23-3-20 A
(second single family dwelling unit) in the A (Agricultural) Zone District.
Legal Lot B, RE -4716, being part SW4 NW4 of Section 31, T8N, R67W of the 6th P.M., Weld
Description: County, CO
Location: East of and adjacent to County Road 13; Approximately 0.25 miles south of County
Road 88
Size of Parcel: +/- 31.77 acres Parcel No. 0555-31-2-00-052
Case Summary:
The property has a single family dwelling and outbuildings on the site. The property owner / applicant
seeks to construct a second single family dwelling for use of his mother-in-law 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 Mr. Keller's mother-in-law who is
related to the property owner. In the future should this person vacate the property, the
second dwelling will be used as a rental income residence, therefore, this Use by Special
Review Permit is required for the second single family dwelling unit.
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
USR16-0019 CLAY KELLER, Page 2 of 8
account number 1563001. The Conditions of Approval and Development Standards
ensure that there are adequate services and facilities available.
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 a 2400SF personal
equipment building. Adjacent to the west in Larimer County is Dyecrest Dairy, to the
north a vacant parcel of land, to the east pasture land and a single family residence and
south is vacant pasture lands and a large unnamed water reservoir. Staff has not
received any telephone calls or correspondence concerning this application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within three miles of the Town of Severance and Larimer County. The
Town of Severance returned a referral dated May 31, 2016 indicating no conflict with their
interests. Larimer County did not return a referral.
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.
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 31.77 acres Prime Agricultural Land per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The
property has existing improvements and the new residence will be located within the
service yard of the house and outbuilding, in an area approximately 1.7 acres in size.
The remaining 30 acres will continue with the current agricultural practices.
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
USR16-0019 CLAY KELLER, Page 3 of 8
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 USR16-0019. (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 the approved County of Larimer access(es) on the site plan and label with the
approved access permit number if applicable. (Department of Public Works)
5. Accurately delineate the location of the current residence and equipment building and
the new second residence, driveways and other physical improvements on the site
map.
6. The applicant shall show the drainage flow arrows. (Department of Planning
Services -Engineer)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
8. County Road 13 is under the jurisdiction of Larimer County. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the map. (Department of Planning Services)
2. 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)
3. 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)
4. 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
USR16-0019 CLAY KELLER, Page 4 of 8
Board of County Commissioners Resolution. a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
5. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
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 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)
USR16-0019 CLAY KELLER, Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Clay Keller
USR16-0019
A Site Specific Development Plan and Use by Special Review Permit, USR16-0019, 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 historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services)
6. Waste materials shall be handled, stored, and disposed of 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)
7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(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. 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)
10. The facility shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
11. 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)
12. 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.
13. 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
USR16-0019 CLAY KELLER, Page 6 of 8
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
14. 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.
15. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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
USR16-0019 CLAY KELLER, Page 7 of 8
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.
USR16-0019 CLAY KELLER, Page 8 of 8
July 13, 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
KELLER CLAY B
42720 COUNTY ROAD 13
FORT COLLINS, CO 805249103
Subject: USR16-0019 - 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 oarcel(s) of land described as:
PART SW4NW4 SECTION 31, T8N, R67W LOT B REC EXEMPT RE -4716 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 2, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 31, 2016
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.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.07.13 15:54:56 -06'00'
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
May 31, 2016
KELLER CLAY B
42720 COUNTY ROAD 13
FORT COLLINS, CO 805249103
Subject: USR16-0019 - 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 SW4NW4 SECTION 31, T8N, R67W LOT B REC EXEMPT RE -4716 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:
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,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.05.31 11:46:57 -06'00'
Kim Ogle
Planner
FIELD CHECK- USR16-0019
Inspection Date: July 21, 2016
Applicant: Clay Keller
Request: A Site Specific Development Plan and Use By Special Review Permit for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20 A (second
single family dwelling unit) in the A (Agricultural) Zone District
Legal: Lot B, RE -4716, being part SW4 NW4 of Section 31, T8N, R67W of the 6th P.M., Weld
County, CO
Location: East of and adjacent to County Road 13; Approximately 0.25 miles south of County Road 88
Parcel ID #: 0555-31-2-00-052
Acres: 31.77 +/-
Zoning
Land Use
N
Agriculture
N
Residential w pasture and hay
E
Agriculture
E
Residential w pasture and hay
S
Agriculture
S
Water body and pasture and hay
W
Larimer County
W
Larimer County Dyecrest Dairy and irrigated corn
Comments:
The site is located off of a two lane all weather road with utilities located within the right-of-way. The site
access is graveled and is located near the crest of the hill with good visibility in all direction. There are
improvements on site including mature landscape, the property owner's residence and a 2400SF
personal equipment building.
Adjacent to the west in Larimer County is Dyecrest Dairy, to the north a vacant parcel of land, to the east
pasture land and a single family residence and south is vacant pasture lands and a large unnamed water
reservoir. An intermittent creek flows on the property to the east and into the water reservoir. The
topography slopes away from the residence and to the southeast.
Signature /
❑ House(s)
❑ Site Distance
❑ Outbuilding(s) ❑ Access to Property
❑ Other Animals On -Site - Horses
Note any commercial business/commercial vehicles that are operating from the site. No business
Hello