HomeMy WebLinkAbout20051640.tiff HEARING CERTIFICATION
DOCKETS NO. 2005-39 AND NO. 2005-40
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1502
FOR A SINGLE FAMILY DWELLING UNIT,OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE (A SECOND HOME), IN THE
A (AGRICULTURAL) ZONE DISTRICT - CHAD AND ANGELA LEASE AND MICHAEL
LAFFERTY
AND
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1503
FOR A LIVESTOCK CONFINEMENT OPERATION IN THE A(AGRICULTURAL) ZONE
DISTRICT - CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY
A public hearing was conducted on June 1, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Michelle Martin
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to notices dated May 13,2005,and duly published May 18,2005,in the
Fort Lupton Press, a public hearing was conducted to consider the two requests of Chad and
Angela Lease and Michael Lafferty fora Site Specific Development Plan and Use by Special Review
Permit#1502 fora Single Family Dwelling Unit,other than those permitted under Section 23-3-20.A
of the Weld County Code(a second home),in the A(Agricultural)Zone District,and a Site Specific
Development Plan and Use by Special Review Permit#1503 fora Livestock Confinement Operation
(150 cows) in the A(Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made
these cases a matter of record. Ms.Martin presented a brief summary of the proposals and entered
the favorable recommendation of the Planning Commission into the record as written. She gave
a brief description of the location of the site within Scott's Acres Subdivision, and responding to
Chair Jerke, she stated the parcel is approximately 7.4 acres. She stated the proposed uses will
be compatible with surrounding land uses, which she reviewed for the record. Ms. Martin stated
sixteen referral agencies reviewed the proposal for USR#1502,thirteen provided comments that
have been addressed in the Conditions of Approval and Development Standards,and three did not
respond. She stated sixteen referral agencies reviewed the proposal for USR#1503,ten provided
comments that have been addressed in the Conditions of Approval and Development Standards,
2005-1640
PL1777
(1(1 '• FL, Pa.? /77 <'6-) Ot• 0730�"
HEARING CERTIFICATION-CHAD AND ANGELA LEASEAND MICHAEL LAFFERTY(USR#1502
AND USR #1503)
PAGE 2
and six did not respond. She stated she received one letter from a surrounding property owner
expressing concern with the cows affecting property values; however, after meeting with their
neighbor, the applicant has agreed to relocate some of the calf huts from along property line to
improve the visual impact. Ms.Martin displayed photographs of the site and reviewed the site layout.
She explained Michael Lafferty lives in the home on the northern half,and the house on the southern
half will be torn down and replaced. Responding to ChairJerke,Ms.Martin explained the parcel was
divided in the mid 1970's; however, it has since been returned to one lot. In response to
Commissioner Geile, Ms. Martin stated the applicants requested two USR permits to keep the
livestock confinement operation separate from the second home. Responding to Chair Jerke, Mr.
Morrison explained there can be more than one USR on a property because they are a zoning
mechanism and do not create separate lots. He explained in this situation the parties primarily
responsible for the different uses are separate individuals, and the applicants and staff feel in the
future it will be easier to vacate one of the permits rather than do a partial vacation in the event one
of the uses ceases. Responding to Commissioner Masden, Ms. Martin stated there will be a
maximum of 150 calves,which must be under six months of age,contained within the boundary of
USR #1503.
Char Davis, Department of Public Health and Environment,stated the property will be serviced by
the Left Hand Water District and septic systems. She stated there are some septic systems for
the existing structures, and a permit has been issued for the new home; however, it has not been
finalized. Responding to Chair Jerke, Ms. Davis stated the applicants have submitted a Manure
Handling Plan,Waste Management Plan,and Dust Abatement Plan for the Livestock Confinement
Operation.
Donald Carroll, Department of Public Works, gave a brief description of the location of the site,
which is bordered by Bruce Road to the north,and Peak View to the west. He stated both roads are
classified as local gravel roads maintained by the County,within Scott's Acres Subdivision,and he
indicated the accesses located along Peak View.
Chad Lease,co-applicant,stated he is the primary user of the residence that will be permitted under
USR#1502. He explained the property was purchased by his Grandfather in 1968,who later did a
Quit Claim Deed in 1976 to divide the property in half to be shared with his brother. Mr.Lease stated
he purchased the northern property when his Grandmother passed away,and the illegal land split
was discovered when he applied fora building permit for a new home. At that time they determined
this was the best way to allow for continued agricultural uses and a second home. Michael Lafferty,
co-applicant, stated he runs the calf operation and he has agreed to limit the age to six months. In
response to Chair Jerke, Mr. Lafferty stated he raises Holstein bull calves until they reach 300
pounds and then they are sold to Centennial Livestock. Mr. Lease stated the septic permit was
extended for one year to coincide with the construction of his home. He requested the Board waive
the Geological Hazard Development Permit because the calving operation is a pre-existing use,and
if his uncle's home were not present on the property, he would be allowed to build his new home
without being required to obtain such a permit. In response to Chair Jerke, Mr. Lease explained
each site specific USR is required to get a Geological Hazard Development Permit. He stated his
research with the Colorado Geological Survey indicates there are mines 150 feet beneath the
surface, they have been abandoned since 1953, and his residence is located above the haulage
2005-1640
PL1777
HEARING CERTIFICATION-CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY(USR#1502
AND USR#1503)
PAGE 3
ways. He further stated a large portion of the surrounding subdivision has been extensively
undermined; however, there have been two home permits and two outbuilding permits issued
without concern for a Geological Hazard Development Permit. Ms.Martin stated Condition#1.G is
required by the Weld County Code; however, it is written so that the applicant can provide written
documentation from the Colorado Geological Survey indicating a Permit is not required. ChairJerke
commented it is understandable to require a Geological Hazard Development Permit for a house
structure that may include a basement; however, it does not seem reasonable for the calving
operation. Commissioner Vaad commented it would be best to have the State waive the
requirement rather than the County. Responding to Commissioner Vaad, Mr. Lafferty stated the
calves can reach 300 pounds within the six-month age restriction.
No public testimony was offered concerning this matter. Ms.Martin requested the Board strike"(150
cows)"from Development Standard#1,as well as any other references throughout the Resolution,
because Development Standard #2 allows for a maximum of 150 calves, as well as up to four
mature animals for personal use,fora total of 154. ChairJerke proposed deleting the requirement
for a Geological Hazard Development Permit for the Livestock Confinement Operation under
USR#1503. In response to Commissioner Vaad, Mr. Morrison stated future owners could rebuild
the existing home contained within USR#1503. Commissioner Vaad stated he would prefer the
State review the site and issue a waiver of the permit to avoid problems in the future.
Commissioner Geile moved to delete the reference to a Geological Hazard Development Permit in
paragraph 2.e, as well as deleting Condition #1.G for USR #1503. Commissioner Masden
seconded the motion, and upon a call for the vote, the motion carried four to one, with
Commissioner Vaad opposed. Responding to ChairJerke, Mr.Lease and Mr. Lafferty stated they
have reviewed and concur with the Conditions of Approval and Development Standards. Mr. Lease
commented it does not seem consistent that a Geological Hazard Development Permit is required
for a Single Family Dwelling Unit under a USR Permit, yet one is not required for a similar use
allowed by right. However, he agreed to have the matter reviewed and request a waiver from the
State for USR #1502.
Commissioner Geile moved to approve the request of Chad and Angela Lease and Michael Lafferty
fora Site Specific Development Plan and Use by Special Review Permit#1502 fora Single Family
Dwelling Unit, other than those permitted under Section 23-3-20.A of the Weld County Code
(a second home), in the A (Agricultural) Zone District, based on the recommendations of the
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. The motion was seconded by Commissioner Long, and it
carried unanimously.
Commissioner Geile moved to approve the request of Chad and Angela Lease and Michael Lafferty
for a Site Specific Development Plan and Use by Special Review Permit#1503 for a Livestock
Confinement Operation in the A(Agricultural)Zone District, based on the recommendations of the
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. His motion included deleting the reference to a Geological
Hazard Development Permit in paragraph 2.e,as well as deleting Condition#1.G. The motion was
seconded by Commissioner Masden, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:10 a.m.
2005-1640
PL1777
HEARING CERTIFICATION-CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY(USR#1502
AND USR #1503)
PAGE 4
This Certification was approved on the 6th day of June 2005.
���.1` APPROVED:
IN" I L
a = BOARD OF COUNTY COMMISSIONERS
s ,� �% WELD COUNTY, COLORADO
r.,i /kir. William H. J e, Chair
`St.N A ty Clerk to the Board
BY: �� '�� M. J. ile, Pro- em
�]�T��'✓1 /
Deputy Clerk to the Board
D id E. Long
TAPE #2005-26 U\�
Robert asden / l
DOCKET#2005-39 and #2005-40 , awl,
Glenn Vaad ((// A
2005-1640
PL1777
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1503 - CHAD AND ANGELA LEASE / MICHAEL LAFFERTY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 04/19/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
Hello