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� LAND USE APPLICATION
SUMMARY SHEET
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Planner: Diana Aungst Hearing Date: March 15, 2016
Case Number: USR16-0004
Applicant: Michelle Wilson
5846 County Road 18 (Godding Hollow Pkwy)
Longmont, CO 80504
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 Part NE4NE4 Section 25, T2N, R68W of the 6th P.M., Weld County, Colorado.
Description:
Location: South of and adjacent to CR 18 (Godding Hollow Pkwy) and approximately 925 feet
west of CR 13 (Colorado Blvd)
Size of Parcel: +/-4.58 acres Parcel No. 1313-25-0-00-023
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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 March 8, 2016
Weld County Department of Planning Services- Engineer, referral dated February 25, 2016
• Weld County Department of Public Health and Environment, referral dated February 23, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Town of Frederick, referral dated March 8, 2016
• Longmont Conservation District, referral dated February 9, 2016
• Frederick-Firestone Fire Rescue, referral dated February 2, 2016
y Weld County Zoning Compliance, referral dated February 3, 2016
y Central Weld County Water District, referral dated February 5, 2016
State of Colorado, Division of Water Resources, referral dated February 2, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Mead
➢ School District RE-1J
➢ Weld County Building Department
➢ Colorado Division of Parks and Wildlife
USR16-0004
Page 1 of 8
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: Diana Aungst Hearing Date: March 15, 2016
Case Number: USR16-0004
Applicant: Michelle Wilson
5846 County Road 18 (Godding Hollow Pkwy)
Longmont, CO 80504
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 Part NE4NE4 Section 25, T2N, R68W of the 6th P.M., Weld County, Colorado.
Description:
Location: South of and adjacent to CR 18 (Godding Hollow Pkwy) and approximately 925 feet
west of CR 13 (Colorado Blvd)
Size of Parcel: +/-4.58 acres Parcel No. 1313-25-0-00-023
Case Summary:
The applicant is requesting a USR permit for two (2) single-family dwellings on one parcel. The second
single-family dwelling will be occupied by family members/caregivers. Additionally, the applicant would
like to have the flexibility of renting this home in the future. Central Weld County Water District has stated
that both homes may use the same water tap. The existing home and the new home will both connect to
the St. Vrain Sanitation District sewer line.
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 family members/caregivers.
Additionally, the applicant would like to have the flexibility of renting this home in the
future. Therefore a USR is required for the addition of a second home to be used as a
rental.
USR16-0004
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 a second single-family dwelling to be used
as a rental in the future. 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) in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent parcels to the east and west are utilized as rural residential properties. The
adjacent properties to the north and south are in the Town of Frederick. The northern
property is Milavec Lake and a park/open space for the Town of Frederick and the
property to the south is Meadowlark Business Park also in the Town of Frederick.
There are seven (7) USRs located within one mile of this parcel. USR-443 and USR-537
for an airport, parachuting operation and museum are located about one-sixth of a mile
southwest of the site. USR-1364 for an airstrip and helicopter landing area is located
about one-third of a mile west of the site. USR-1378 for a lawn care business is located
about four-tenths of a mile west of the site. USR-1392 for 115kv electrical lines travels
north and south along CR 11 (Silver Birch Blvd) about eight-tenths of a mile west of the
site, and USR-1784 and USR-1743 both for second single-family dwellings are located
west of the site. The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners that object to this USR.
The Conditions of Approval and Development Standards ensure that there are adequate
services and facilities available.
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 of Towns of Frederick, Firestone
and Mead. The Town of Mead and the Town of Firestone did not respond with any
referral agency comments. The Town of Frederick's referral dated March 8, 2016,
indicated that the proposed USR complies with their Comprehensive Plan.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V and XI, of the
Weld County Code. The existing site is within the County-Wide Road Impact Fee Area
and the Capital Expansion Impact Fee area.
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.
USR16-0004
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 4.5 acres "Irrigated Land (Not Prime)"
per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This
USR will not take any"Prime (Irrigated)" land out of production.
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 Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the existing structure. A Statement of Existing and a review of the
system shall be completed. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment. In the
event the system is found to be inadequately sized or constructed the system shall be
brought into compliance with current Regulations which may require connection to Saint
Vrain Sanitation. (Department of Public Health and Environment)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0004. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
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
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The 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
USR16-0004
Page 4 of 8
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
5. 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)
USR16-0004
Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Michelle Wilson
USR16-0004
1. A Site Specific Development Plan and Use by Special Review Permit, USR16-0004, for one (1)
single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second
single-family dwelling unit) in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. 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 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)
12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
13. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2011 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
USR16-0004
Page 6 of 8
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.
USR16-0004
Page 7 of 8
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, sand burs, 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.
USR16-0004
Page 8 of 8
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3524
C v i FAX: (970) 304-6498
r
February 25, 2016
WILSON MICHELLE G
5846 COUNTY ROAD 18
FREDERICK, CO 805049488
Subject: USR16-0004 -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 NE4NE4 SECTION 25, T2N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 15, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 13, 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.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
USA&cxi Reason:I am the author of this document
Date:2016.02.25 15:18:43-0700'
Diana Aungst
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970)353-6100, Ext. 3524
N
FAX: (970)304-6498
February 01, 2016
WILSON MICHELLE G
5846 CR 18
FREDERICK, CO 80504
Subject: USR16-0004 -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 NE4NE4 SECTION 25, T2N, R68W 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 Commission(s)for their review and comments:
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
Mead at Phone Number 970-535-4477
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order 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:2016.02.01 11:04:35-07'00'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 3/4/16
Case Number: USR16-0004
Applicant: Michelle Wilson
5846 County Road 18 (Godding Hollow Pkwy)
Longmont, CO 80504
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 Part NE4NE4 Section 25, T2N, R68W of the 6th P.M., Weld County, Colorado.
Description:
Location: South of and adjacent to CR 18 (Godding Hollow Pkwy)and approximately 925 feet
west of CR 13 (Colorado Blvd)
Size of Parcel: +/-4.58 acres Parcel No. 1313-25-0-00-023
Zoning Land Use
N Municipal - Frederick N Vacant land
E A (Agricultural) E Vacant land
S Municipal - Frederick S Rural Residential
W A (Agricultural) W Rural Residential
COMMENTS:
The site contains a single family residence, barn and an outbuilding. There is an access to the
site off of CR 18 (Godding Hollow Parkway).
.11
Diana Aungst, Planner
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