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Home My WebLink About20110181.tiff INVENTORY OF ITEMS FOR CONSIDERATION • AppLica RANDALL AND ROBIN ANDERS Case Nuntber USR 1762 SubN�itfea�r Prepared Pr or to At H?RY�vtr F-t.Oriin,U 1 staff Cowtwtevtts X Departwtevtt of Ptatn.vtivw,services FieLd Check Forest PLawwivt,U Cowtwtissio&er Meld Chech, Forum. Letter to AppLica At A f fiAavit of sigh,postih,r� N4 L.egnL Notifications 2 AppLicatiovt X Maps tee / Easewtevtt Certt f cote N Surrouhdi&g PvopertEj ! Mi,neraL Owners • 1tti.Lities 3 Referral List X n..eferrals without cowtvuevtt X Weld County Zoning Compliance, referral dated October 21, 2010 Fort Lupton Fire Protection District, referral dated November 19, 2010 --Platteville Ditch Company, referrat-daterr-Aprit2O-2C1-- 4 Referrals with cowtwtewts X State of Colorado. Department of Transportation referral dated October 21, 2010 Weld County Department of Building Inspection, referral dated November 18, 2010 Weld County Department of Public Works, referral dated November 18, 2010 Weld County Department of Public Health and Environment, referral dated November 16, 2010 Surr x -" PC- Exhibits x • N' Evidence of Sign Posting ( LLL undo.,- C'rrnrtt Jam) EXHIBIT 2011-0181 1(A-- n 2- • Letter from Catherine Radebaugh, Trust Officer, representative for x 6, Raccoon Valley Bank, Conservator for Alice Couch waiving 30-day Mineral Notice, dated December 29, 2010 i herebu certi.fu that the b Ltervs Werth:Red here%w were subvuitted to the Aepartvuewt of PLRwwivi.g serv.tes at or prEor to the scieduLed PbawwLIyg CovuvuLss%owers hearLwg. pg Pia wwer • fates • LAND USE APPLICATION SHEET SUMMARY COLORADO Planner: Kim Ogle Case Number: USR-1762 Hearing Date: January 4, 2011 Applicant: Randall and Robin Anders, c/o Angie Hauer Site Address: 8443 State Highway 85, Fort Lupton, CO Request: A Site Specific Development Plan and a Special Review Permit for one(1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20.A in the A(Agricultural) Zone District. Legal: Lot A RE-4864, part E2 SE4 Section 19, Township 2 North Range 66 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to State Highway 85; 0.5 miles South of County Road 20 Size of Parcel: +/- 12 Acres Parcel Number 1309-19-4-00-019 • 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 responses from the following agencies, Without Comments: • Weld County Zoning Compliance, referral dated October 21, 2010 • Fort Lupton Fire Protection District, referral dated November 19, 2010 With Comments: • State of Colorado, Department of Transportation referral dated October 21, 2010 • Weld County Department of Building Inspection, referral dated November 18, 2010 • Weld County Department of Public Works, referral dated November 18, 2010 • Weld County Department of Public Health and Environment, referral dated November 16, 2010 The following agencies have not responded: • Weld County Sheriffs Office • Weld County School District RE-8 • State of Colorado Division of Water Resources • City of Fort Lupton H'B'r • Colorado Division of Wildlife • USR-1762 ANDERS • � 6\ SPECIAL REVIEW PERMIT W ADMINISTRATIVE REVIEW 11`k COLORADO Planner: Kim Ogle Case Number: USR-1762 Hearing Date: January 4, 2011 Applicant: Randall and Robin Anders, do Angie Hauer Site Address: 8443 State Highway 85, Fort Lupton, CO Request: A Site Specific Development Plan and a Special Review Permit for one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20.A in the A(Agricultural)Zone District. Legal: Lot A RE-4864, part E2 SE4 Section 19, Township 2 North Range 66 West of the 6'h P.M., Weld County, Colorado Location: West of and adjacent to State Highway 85; 0.5 miles South of County Road 20 • Size of Parcel: +/- 12 Acres Parcel Number: 1309-19-4-00-019 THE 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.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The surrounding property is agricultural in nature. . Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the area. 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.L of the Weld County Code allows for Site Specific Development Plan and a Special Review Permit for one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20.A 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. USR-1762 ANDERS The surrounding property to the North, South, and West are agricultural parcels planted • in crop and with single family homes. East of this site is State Highway 85 that provides separation from Fort Lupton. The Conoco Pipeline Facility and Renewable Fibre are located adjacent to State Highway 85. There is true separation of the property from surrounding land uses to the East as State Highway 85 is considerably elevated in comparison to the natural grade of the property. Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the area. 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 property is not located within an Intergovernmental Agreement Area but does lie within the three mile referral area for the City of Fort Lupton The Weld County Department of Planning Services did not receive a referral from any municipality. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing land uses. E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area, Capital Expansion Impact Fee, and the Stormwater/Drainage Impact Fee area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to • adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8, Section 5-8-40) 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 residence is located adjacent to other built elements and the remainder of the property is agricultural by use. The subject site is classified as "Prime" as delineated on the "Important Farmlands of Weld County" map, dated 1979. This size of the parcel (12 acres more or less) is currently in agricultural production and the location of the new residence does not interfere with the farming operations. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of 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. 1. The plat shall be amended to delineate the following: • A. All sheets of the plat shall be labeled USR-1762. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) USR-1762 ANDERS • C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. The future right-of-way for State Highway 85. (Department of Public Works) 2. The applicant shall contact the Colorado Department of Transportation to verify the access permit adequately addresses the current and proposed future use. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Public Works) 3. Upon completion of 1 and 2. above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) 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 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files • format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a),co.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • USR-1762 ANDERS SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Robin and Randall Anders USR-1762 1. A Site Specific Development Plan and a Special Review Permit for one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20 A in the A (Agricultural) Zone District and 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, 30-20-100.5, C.R.S., as amended) 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. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. 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. (Department of Public Health and Environment) • 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 8. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Well permit 283951). (Department of Public Health and Environment) 10. The facility shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 11. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 12. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 13. The property owner or operator shall be responsible for complying with the Design Standards of • Section 23-2-240, Weld County Code. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. USR-1762 ANDERS • 15. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 16. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 17. Building permits are required for each structure which requires permits. (Department of Building Inspection) 18. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Residential Code; 2008 National Electrical Code. (Department of Building Inspection) 19. All building plans shall be submitted to Fort Lupton Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 20. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3- 20.6.13 of the Weld County Code do not require building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. (Department of Building Inspection) • 21. Personnel from Weld County Government 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 Development Standards stated herein and all applicable Weld County regulations. 22. The 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. 23. 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. 24. 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 USR-1762 ANDERS 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 11 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. USR-1762 ANDERS • ‘.1.14. :, DEPARTMENT OF PLANNING SERVICES (it 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 C. COLORADO December 6, 2010 Randall Anders do Angie Hauer 38515CR41 Eaton CO 80615 Subject: USR-1762- 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, in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-4864, part E2 SE4 Section 19, T2N, R66W of the 6th P.M.,Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 4, 2011, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department, 918 101h Street, Greeley, Colorado. A subsequent hearing will be held on January 29, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, 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 http://www.co.wetd.co.us/Departments/Pla nni nqZoni no/Planning Department/ndex.html If you have any questions concerning this matter, please call. Respectfully, D1 ^ Reasollyn: simtheathor Kristine om Feasona fined byKhorof this nslemdocument Location:1555 N 17th Ave Date:2010.12.06 08:48:53-07b0' • Kim Ogle Planner PLANNING COMMISSION AND BOARD OF COUNTY • COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS DECEMBER 22, 2010 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3- 20.A IN THE A (AGRICULTURAL) ZONE DISTRICT, RANDALL AND ROBIN ANDERS APPLICANT, REPRESENTED BY ANGELA HAUER KIM OGLE Name of Person Posting Sign • Signat of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) .(i„/ The foregoing instrument was subscribed and sworn to me this da f , 2011. WITNESS my hand and official seal..., �',,,,�' ` /,s _ Notary ublic I \, BILLIE J. MOORE ] NOTARY PUBLIC My Commission Expires: 6 1D1asltl STATE OF COLORADO 0 EXHIBIT j3q' v VErr. n�. .z.:..... .. ... . _ _ may, d t s tin .v r ....i : . _ ._ ` P\k�pl= I ,� ,, r a PROPERTY Will be Held c s „,' A Public Hering Concerning Greeley Planning Office: A, . S PROPERTY Will be Held at : 9 ' 18 Tenth Street Greeley, Commissioners Hearing Roo Weld County Centennial Cent,,...„- tin` '' U 4. . 20 4t •, at: 1 : 3 ••• 915_ Tenth Street: Greeley, CO=s . .� 20 : at: 10 : 00 A. T111'.': ipplicant _ A\Ar • .,,": -. - cjapeep icant: ___ ,` it 1 9#40 A 6 011k at' 1.___________--- Vieri ;pest: LO ., ' war►�J'.. _ ��.Ir� A�•. toot tili 4„, -- A 7 • y ''' �� ase 'Iurri eri. U ; \i t. cress 4 �• ► U FOR FURTHER INFORMATION PLEASE CO e Number S _ Acres : -- , Kota , ► 1t AT 970®353-6100 ext ATION PLEASE CONT ACT R. tSTHER IN �, AT 970-353-6100 ext � 1 „ yy s. ' • t e0, ♦i4-{` Y r Vo ' r lit _ - rte '"i-* te f pr • ° k J f 4 A Public Hearing Concerning THIS PROPERTY Will be Held at; •- A Public Hearing Concerning THIS PROPERTY Will be Held at: Commissioners Hearing Room Weld County Centennial Center Greeley Planning OfficE. 915 Tenth Street Greeley, CO 91 Tenth Street Greeley, CO On ,NV 't II 20 L i ; at 10:00 A.M. ' isOn JANU,ay 4 20 it , at: 1 :30 P.M. -y-- Applicant: RANT .I. 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G' ri-- it or 7 - -- f " -rte- -. . - +- _tea, . . n4 r e, • View from South Lmicing Northwest S 6 FIELD CHECK Inspection Date: December 9, 2010 411 Case Number: USR-1762 Applicant: Randall and Robin Anders, c/o Angie Hauer Site Address: 8443 State Highway 85, Fort Lupton, CO Request: A Site Specific Development Plan and a Special Review Permit for one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3- 20.A in the A (Agricultural) Zone District. Legal: Lot A RE-4864, part E2 SE4 Section 19, Township 2 North Range 66 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to State Highway 85; 0.5 miles South of County Road 20 Size of Parcel: +/- 12 Acres Parcel Number: 1309-19-4-00-019 Zoning Land Use N Agriculture N Crop Production E Agriculture E Hwy 85, Commercial Business • S Agriculture S Crop Production/ Residential W Agriculture W Crop Production/ River Comments: Parcel runs East-West with crop production evident. The main service yard has several buildings including a single family residence which orients itself E-W with front door facing the road. There are outbuildings, greenhouses and storage sheds present. The new residence location is at the edge of the service yard away from the highway. The property sits low when compared to the highway. A single access road with good site distance is present. No violations were identified. The property is in good repair and well kept. Signature) o House(s) o Crops • Outbuilding(s) ❑ Oil &Gas Structures to South o Access to Property ❑ Topography, slight • o Crop Productions o Site Distance Note any commercial business/commercial vehicles that are operating from the site. Kristine Ranslem From: Kristine Ranslem Thursday, October 21, 2010 7:39 AM o: 'angela—hauer@yahoo.com' Subject: Case USR-1762 Attachments: usr1762.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! rcrLstiwe rzavusLewt. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 6 DEPARTMENT OF PLANNING SERVICES • 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 ' FAX: (970) 304-6498 WI`Dc. COLORADO October 20, 2010 Randall Anders do Angie Hauer 38515CR41 Eaton CO 80615 Subject: USR-1762 - Request 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 23-3-2- .A in the A (Agricultural)Zone District on a parcel of land described as Lot A RE-4864; Part E2 SE4 of Section 19, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will • schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Ft. Lupton Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Ft. Lupton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully. Digitally signed m y author ehis dlom Reason: am the author of this document Location:1555 N 17th Ave Date:2010.10 20 13:22:32-06'00' Kim Ogle Planner • Kristine Ranslem From: Kristine Ranslem nt: Thursday, October 21, 2010 7:39 AM o: 'Robert Grand' Subject: USR-1762 Field Inspection Attachments: usr1762.docx We have just received a case (USR-1762) in which we ask that you submit the attached field inspection sheet to us by November 20, 2010. You may view the case material at: http://www.co.weld.co.us/Departments/PlanninqZoninq/PlannincDepartment/index.html#1762 If you have any questions, please let me know. Thank you! krEstLwe2GvsLevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 Kim Ogle From: Angela Hauer[angelahauer@yahoo.com] ii.nt: Thursday, July 15, 2010 4:29 PM Kim Ogle Subject: Re: USR APPLICATION -ANDERS Hi Kim. I talked with Gloria again today and apparently there is no permit for the existing access for the USR parcel. She said that it is grandfathered in under the ag use. An additional dwelling is not a problem for them ans since the parcel is not bordered by any other road it will remain on HWY 85 in its current location. She advised me to put existing grandfather access on your application and she will run the new permit concurrently with the USR process. Is this going to work for you guys? THX Ang From: Kim Ogle <kogle@co.weld.co.us> To: Angela Hauer <angela_hauer@yahoo.com> Cc: Kim Ogle <kogle@co.weld.co.us> Sent: Wed, July 14, 2010 5:19:22 AM Subject: USR APPLICATION - ANDERS Angie Submit the application with the existing access and include the current CDOT Access permit for the parcel. ee five hundred foot Surrounding property Owners list is obtained by accessing this URL address: http://maps2.merrick.com/Website/Weld/setSal.asp?cmd=QUERY&DET=PP&pin=130919400019&acct=R6775 952 Click "View Map" 5 Click "Buffer Parcel" - the default is 500 feet c -1?' 1 _{c( . (éirr' t � Print and sign, current within 30 days of application C:1 irk-2.A f Need some additional help, please call or email. thanks J n !) t Kim Ogle , g f Vee.ld County Plannlr Go Q _ 4 (/ } ' r l 1555 North 17th Ave W�"Ul - T 970 356 4000 x 3'. 7 1 �11,03 )14° tihsfAA • U% IAA 190 WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY,CO 80631 PHONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: 10 s1( � / ) 20 Receipt No. t 5 7 7 Received From: N E_1. Ni N h / * Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH f. i 4221-USR 1'/ 1 000 cx- 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB i • #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ill ' - ❑CASH *HECK NO 1 `I ❑CREDIT CARD TOTAL FEE I 1U Receipted By: - --22,-b/2��- # Exp. • DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17' Avenue I Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO September 8, 2010 Troy Hauer 38515 County Road 41 Eaton, Colorado 80615 Subject: Completeness Review of Land Use Application Special Use Permit for a Second Dwelling Dear Mr. Hauer: • The Departments of Planning Services, Building Inspection, Environmental Health and Public Works have completed their review of the documents submitted for review post pre-application meeting held in the offices of the Department of Planning Services on April 1, 2010. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to accepting the application and the application fee. The Department of Planning Services reviewed the Questionnaire component of the submitted materials and the supplemental materials and offers the following comments. The packet reviewed did not include a 24 x 36 inch plat for the proposal. Future submittals will require this document to be included. In response to the Questionnaire, please provide the name of the Fire Protection District that will serve the site; the Division of Water Resources permits all wells. The existing well is for one single family dwelling, and is not permitted for additional habitable structures, please provide written evidence from the State Engineers Office indicating that a new well will be permitted or provide evidence of a potable water supply. The property owner has provided an initialed Certificate of Compliance Permit for the two (2) Agricultural Exempt Buildings located at 8443 State Highway 85, Fort Lupton. By definition: AGRICULTURAL EXEMPT BUILDING: BUILDINGS or STRUCTURES in the A(Agricultural) Zone District designed and constructed to house farm implements, hay, grain, poultry, LIVESTOCK or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or • packaged, nor shall it be a place used by the public. The submitted materials did not include an original signature with a current Certificate of • Conveyance for the property under review. Please submit a signature in blue ink for this document. The Affidavit of Interest Owners Surface Estate requires updating. This document must be current within 30-days of application submittal. The date of the printout reviewed is July 14, 2010. Please sign the document prior to submitting. The Department of Public Works has established an Access Permit Application Form. This form is not required for this application as direct access is onto SH 85. Your application indicates that Gloria Hice-Idler with CDOT will update the access permit through the USR referral application process. No further action is required, unless an Access Permit has been obtained. If document has been acquired, please submit with application. The application fee is twelve hundred (1200) dollars for a principal single family dwelling unit ther than those permitted under Section 23-3-20.A of the Weld County Code. The Special Review (USR) application is required as a principal dwelling is not on premises currently and will be constructed through this land use permit. The Department of Building Inspection will require building permits prior to construction of all temporary and permanent facilities. The Department of Environmental Health in their referral dated September 2, 2010 has the following comment: Application states that a new well will be constructed for the new home. I don't think that will be allowed and their existing well permit is for one single family dwelling. • They need to get something in writing from the Division of Water Resources so they can be sure they will get water for the new house. Please provide written documentation with application fee. The Department of Public Works in their referral dated September 2 Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Site Plan Review: The applicant needs to place on the plat two items. 1) The CDOT access permit number. 2) Please refer to the Colorado Department of Transportation (CDOT)Access Control Plan for US. Highway 85 Access Control Plan, 1-76 to WCR 80. Your existing or proposed access may be impacted or limited by the CDOT Access Control Plan in the future; this may or may not include closure or relocation of your existing or proposed access. Traffic Study: The Weld County Public Works is not requiring a traffic study for the second residence. If CDOT requires a traffic study, we are willing to review and comment. • Preliminary Drainage: Public Works is not requesting a preliminary drainage report for the second • residence; however, we recommend the two additional items listed below. 1) The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. 2) The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. Geotechnical Soil Report: The applicant has provided a subsurface investigation and foundation recommendation, Todd Schroeder, professional engineer registered in the State of Colorado has provided this document for review and comment. Special Flood Hazard Area: This area is not in a Special Flood Hazard Area(SFHA)as determined by the Federal Emergency Management Agency (FEMA). This concludes our evaluation of the submitted materials. This office will proceed with the application when the issues her have been addressed. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. Sincerely, • `k e Plann Services ec. PA10-025 Planning Correspondence D.Carroll, PW L. Light,EH T. Parko,Planning • • At44>i MEMORANDUM I�C TO: Kim Ogle, Planning Services DATE: September 2, 2010 FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: 7-Day Completeness Review Troy Hauer, Pending USR-1762 Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all- inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Site Plan Review: The applicant needs to place on the plat two items. 1) The CDOT access permit number. 2) Please refer to the Colorado Department of Transportation (CDOT) Access Control Plan • for US. Highway 85 Access Control Plan, 1-76 to WCR 80. Your existing or proposed access may be impacted or limited by the CDOT Access Control Plan in the future; this may or may not include closure or relocation of your existing or proposed access. Traffic Study: The Weld County Public Works is not requiring a traffic study for the second residence. If CDOT requires a traffic study, we are willing to review and comment. Preliminary Drainage: Public Works is not requesting a preliminary drainage report for the second residence; however, we recommend the two additional items listed below. 1) The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. 2) The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. Geotechnical Soil Report: The applicant has provided a subsurface investigation and foundation recommendation, Todd Schroeder, professional engineer registered in the State of Colorado has provided this document for review and comment. Special Flood Hazard Area: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). • pc: 7-Day Completeness Review,Troy Hauer Pending USR-1762 M:\PLANNING-DEVELOPMENT REVIENN-DayComplelenessReviews\2010\TroyHauerUSR-1762-Pending rlocx • 7-Day Completeness Review Applicant: Randall Anders, c/o Troy Hauer Case#: USR-1762, Pending Property Address: 8443 State Highway 85, Fort Lupton Request: A Site Specific Development Plan and a Use by Special Review Permit for one single family dwelling unit per lot other than those permitted as a use by right in the A (Agricultural) Zone District. Legal Description: Lot a RE-4864 being Part of the E2 SE4 of Section 19, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to Hwy 85, 0.5 miles South of CR 20 Size of Parcel: 12 +/- acres Parcel Number: 1309-19-4-00-019 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW o Public Works o Health "'Building o Planning Comments: n • E L.� ��w` IQ2✓w�b G .P Y at," pro v,„'_,:g AckKJ lain e Date: August 31, 2010 Comments Due No Later than September 9, 2010 Questions, call, thanks Kim, x 3549 • 7-Day Completeness Review Applicant: Randall Anders, c/o Troy Hauer Case#: USR-1762, Pending Property Address: 8443 State Highway 85, Fort Lupton Request: A Site Specific Development Plan and a Use by Special Review Permit for one single family dwelling unit per lot other than those permitted as a use by right in the A(Agricultural) Zone District. Legal Description: Lot a RE-4864 being Part of the E2 SE4 of Section 19, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to Hwy 85, 0.5 miles South of CR 20 Size of Parcel: 12 +/-acres Parcel Number: 1309-19-4-00-019 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW ❑ Public Works ❑ Health ❑ Building tanning Comments: S Date: August 31, 2010 Comments Due No Later than September 9, 2010 Questions, call, thanks Kim, x 3549 • • _ 46t4r; MEMORANDUM I I` , TO: DATE: April 0O 0-0Z5;Case File, pre-application COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for second residence Attendees: Troy Hauer, Applicant's Representative Ken Swanson, Building Lauren Light, Environmental Health Don Carroll, Public Works Tom Parko, Planning Kim Ogle, Planning Kris Ranslem, Planning On Thursday, April 1, 2010 an informal discussion took place at the Greeley Administrative • Offices Conference Room, 1555 N 17`h Ave, regarding a proposed second family residence. (The legal description is Lot A RE-4864; Part E2SE4 of Section 19, T2N, R66W of the 6`h P.M.; Situs Address is 8443 Hwy 85) Background Information: The property currently has one (1) single family residence for the farmhand in charge of the vegetable farm. The applicant would like to build a second residence on the property. The second home would be a 1-story ranch with a three car attached garage. Building Department According to the assessor's property profile, there are 5 additional buildings located on site. Building permits are required for all of the buildings. Ag Exempt permits are required for the greenhouses and do not require inspections, Building permits are required for the other three buildings. Road impact fees will be assessed at time of issuance of the building permits. There was discussion of an HVAC unit in one of the buildings which requires a building permit. Staff encouraged the applicant to submit a letter detailing the process of cooling the vegetables for distribution. Health Department If the existing house is on a well, staff encouraged the applicant to share the same well for a water source. A new septic system will need to be installed for the second home. Public Works Access is shared from Highway 85. Staff recommended that the applicant visit with Gloria at CDOT (970-350-2148) to verify the access. • No traffic study is required. No drainage report is required • The applicant will need to include verbiage on the plat that they are aware of the Highway 85 Corridor Study. Planning Department A Recorded Exemption was used to split this property in 2009; therefore the property may not be further subdivided through the Recorded Exemption process. A USR will need to be submitted for the second residence. The application fee is $1200. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. • End memorandum. • 111k APPLICATION FLOW SHEET • COLORADO APPLICANT: Randall and Robin Anders, do Angie Hauer CASE#: USR-1762 REQUEST: A Site Specific Development Plan and a Special Review Permit for one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20 A in the A (Agricultural) Zone District. LEGAL: Lot A RE-4864, part E2 SE4 Section 19, Township 2 North Range 66 West of the 6th P.M. LOCATION: West of and adjacent to SH 85; 0.5 miles South of County Road 20 PARCEL ID#: 1309-19-4-00-019 ACRES: +/- 12 DATE BY Application Received 10-18-2010 Martin Application Complete 10-19-2010 Ogle PC Hearing Date: Action: Utility Board Date: PC Sign to be Posted By: Referrals Listed File Assembled IDfIg�IC • Referrals Mailed 'm Chaindexed Letter to Applicant Mailed L L Date Public Notice Published in County Newspaper Surrounding Property& Mineral Owners Notified (Gil qhU fc-I��/� Field Check by DPS Staff Case Sent to Clerk to the Board CC Hearing: Action: CC Sign to be Posted By: Plat and/or Resolution Recorded Overlay Districts Zoning Agricultural Airport Yes_ No_x_ Geologic Yes No_x_ Flood Hazard Yes No x Panel #080266 0850 C Hello