HomeMy WebLinkAbout970442.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison that the following motion for denial be introduced. Be it resolved by the Weld
County Planning Commission that the application for:
CASE NUMBER: USR-1135
APPLICANT: Soukup Investments, LLC
CURRENT PLANNER: Kerri D. Keithley
ADDRESS: 706 S. College Avenue
Fort Collins, Co. 80524
REQUEST: A Site Specific Development Plan and a Special Review Permit for a livestock confinement
operation (400 cattle), boarding facility (12 horses) and three accessory to the farm
residences along with the principle residence (4 residences total) in the A (Agricultural) zone
district.
LEGAL DESCRIPTION: Part of the SE4 of Section 32, T7N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: West of Colorado State Highway 257, north of and adjacent to Weld County Road 74;
adjacent to the City of Windsor.
be recommended unfavorably to the Board of County Commissions for the following reasons:
1. It is the opinion of the Department of Planning Services's staff that the applicant has not shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 -- The applicant has not demonstrated that the proposal is consistent with
the Weld County Comprehensive Plan, as amended. The use proposed is within the Urban
Growth Boundary of the City of Windsor. The site is a 20.5 acre agriculturally zoned parcel
and is surrounded by Windsor on three sides: north, east and west. The zoning around this
property inside Windsor's city limits is Planned Unit Development (PUD) allowing for
industrial, commercial and residential uses. The applicant has not shown how the proposed
use will be consistent with the urban -type uses planned for the adjacent properties.
Located south and adjacent to the proposed use is the Valley View Ranch Planned Unit
Development, a county subdivision, which encompasses approximately eleven residential
lots. Residences on the lots are currently existing with light commercial C-1 and C-2 uses
approved in the subdivision final plat. The applicant has not shown how the proposed use
will be consistent with the existing residential land uses.
b. Section 24.3.1.2 -- This proposal is not consistent with the intent of the district in which it is
located. Uses by Special Review (USRs) are uses which have been determined to be more
intense or to have a potentially greater impact than the Uses Allowed by Right. As the impact
or intensity of USRs are much greater, areas for the conduct of these permits require
additional consideration to ensure that they are established and operated in a manner that
is compatible with existing or planned land uses and developments. The location of this
parcel, adjacent to the City of Windsor and a residential subdivision, is not a suitable location
for the intensive type of operation of a livestock confinement operation (400 cattle) and
boarding facility (12 horses) on the 20.5 acre site, as proposed in the application.
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RESOLUTION, USR-1135
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The proposal is also not consistent with the Agricultural Zone District which allows for one (1) single
family residence per legal lot. The applicant has four residences on the site with an additional scale
house that has the potential to be a residence or has been utilized as a residence in the past. The
eastern dwelling was converted from a feed shop into a residence without the proper permits. The
mobile home was originally permitted as an office/manager residence and is now only a residence.
The multiple (4-5) residential structures on the 20.5 acre site is equivalent to a minor subdivision in
terms of impacts to roads, water and septic and is not consistent with the intent of the zone district.
c. Section 24.3.1.3 -- The proposal is not consistent with Section 24.3.1.3 of the Weld County
Zoning Ordinance, as amended and will not be compatible with existing development in the
surrounding area. The proposed uses will not be compatible with the existing residential
development directly south of the site. Valley View Ranch Subdivision (PUD) was approved
by the Board of County Commissioners in March 1992. As stated above, this is an eleven
lot residential subdivision with possible neighborhood commercial uses allowed at the
intersection of Highway 257 and Weld County Road 74. Currently other land uses
surrounding the parcel are agricultural uses inside of Windsor's city limits. The parcels
surrounding the site in Windsor, however, are all zoned as Planned Unit Developments.
d. Section 24.3.1.4 -- The proposed uses will not be compatible with future development of the
surrounding area as projected by the Windsor future land use plan. The parcel is surrounded
by Windsor on the west, north and east. These properties are zoned Planned Unit
Development and would allow industrial, commercial and residential uses. Windsor has
reviewed this request and has recommended conditional approval with stipulations
addressing that if residential development occurs within 1,000 feet of the site, the operation
will cease within six months. The Department of Planning Services' staff believes that the
intense use of the proposal on the 20.5 acre site will not be compatible with the projected
future land uses of the City of Windsor.
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
f. Section 24.3.1.6 -- The applicant demonstrated an effort to conserve productive agricultural
land for the use, however, the location of the use in the Urban Growth Boundary area of the
City of Windsor and the proximity of the use to Valley View Ranch Subdivision is not
compatible or consistent with the Weld County Zoning and Subdivision Ordinance or the
Weld County Comprehensive Plan.
Section 24.3.1.7 -- The applicant has not demonstrated that there is adequate provisions for
the protection of the health, safety and welfare of the inhabitants of the neighborhood and the
county. Two surrounding property owners have expressed objections to the proposed use
based upon the intensity of the use, environmental concerns and the incompatibility with the
existing residential uses in the subdivision directly south of the site.
The Department of Planning Services' staff has concerns that the applicant is requesting four
residences with the potential for a fifth residence on a 20.5 acre site. The applicant has
indicated that this operation and Special Review Activity will only occur during the winter
months when the cattle are brought from another ranch. The Department of Planning
Services' staff does not believe that the proposed use justifies the need for four to five
g
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RESOLUTION, USR-1135
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residences on the site as Accessory to the Farm structures. Accessory to the Farms
structures require that residences be principally employed on the farm. The Department of
Planning Services requested that the applicant submit W-2 forms for all residents at the site
in order to ensure that the residences are in compliance with the Weld County Zoning
Ordinance. To date, these forms have not been submitted to the Department. An affidavit
was submitted for three residents, which is included in the packet.
Staff believes that the number of residences that the applicant is requesting cannot be
adequately justified, even if the Special Review Activity was to be performed year round. The
previously approved USR for the site (AMUSR-735) for a 1,500 head cattle operation and
150 horse boarding facility was conditionally approved with three residences: the property
owners residence, one accessory to the farm residence and an office/manager residence in
the mobile home. The applicant's request is substantially less animal units than the previous
USR, with the Special Review Activity only occurring during the winter months. The
applicant, however, is requesting three Accessory to the Farm residences (4 residences total)
while converting a scale house to be a potential residence. The number of residences
requested in this proposal is equivalent in impact to the required services (roads, septics,
water, etc.) as a minor subdivision.
The Planning Commission recommends that this request be forwarded to the Board of County Commissioners
with an unfavorable recommendation due to the following:
1. Incompatibility of the use with existing land uses.
2. Incompatibility of the use with future development of the area.
3. Health code and building code violations with structures converted to residences without appropriate
permits.
4. Inadequate justification of 4-5 residences on a 20.5 acre site.
5. Numerous complaints from surrounding property owners.
In addition, the Planning Commission recommends the following:
The mobile home be either reverted to an office and all residential appliances such as an oven,
refrigerator, stove, etc., be removed or that the mobile home be removed permanently from the site.
The mobile home shall not be used on any basis as a dwelling or as overnight or temporary housing
for any person.
2. The feed shop that was converted into a residence either be converted to storage without any
residential appliances such as an oven, refrigerator, stove, etc., or be removed permanently from the
site. The feed shop may not be used on any basis as a dwelling or as overnight or temporary housing
for any person.
3. All utility hookups in the scale house of any type including septic systems, as well as any kitchen
accessories such as the oven, shall be removed. The scale house may not be used on any basis as
a dwelling or as overnight or temporary housing for any person.
4. A non -conforming use may be established for any residential structure that existed prior to August
1972. The applicant shall submit evidence to the Department of Planning Services that the
residences existed at the site prior the this date.
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RESOLUTION, USR-1135
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Motion seconded by Jack Epple.
VOTE:
For Passage Against Passage
Cristie Nicklas
Jack Epple
Rusty Tucker
Ann Garrison
Shirley Camenisch
Arlan Marrs
Marie Koolstra
The Chairman declared the resolution failed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Sharyn Frazer, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 3, 1996.
ember 3, 1996.
Sharyn Fr
Secretary
cgsui
970442
ADDITIONAL INFORMATION
Soukup Investments, LLC
History of the Site
The original USR-735 was submitted in 1986 for a horse boarding facility. This request was approved by the
Board of County Commissioners in May of 1986. The applicant at the time, Joy Jefferson, then submitted an
application to amended the USR in June of 1990 to allow for a livestock confinement operation (1500 cattle)
and a horse boarding/training facility (150 head). The Planning Commission recommended denial of the
request to the Board of County Commissioners. At the Board of County Commissioners hearing, the request
was approved with conditions that attempted to addresses the incompatibility of the use with any future
development occurring around the site. These conditions included the following:
Condition of Approval #5 for AMUSR-735:
5. All cattle feeding operations shall cease within six months and that portion of this Use by Special
Review allowing cattle feeding shall become void under the following conditions:
a. If substantial development occurs on property located within 1,000 feet of the Use by Special
area pursuant to building permits issued by the Town of Windsor and pursuant to an
approved Development Master Plan and Utility Plan and approved final plat as required by
the Town of Windsor annexation agreement or regulations; or
b. If substantial development occurs on property located within 1,000 feet of the Use by Special
area pursuant to building permits issued by Weld County and pursuant to a recorded final
P.U.D. plan or final subdivision plat approved by the Weld County Board of County
Commissioners.
c. "Substantial development" shall mean issuance of a Certificate of Occupancy by the Town
or County for a residential structure or for a commercial or industrial structure with greater
than 5,000 square feet of floor area.
This condition required that in 1992 when the final PUD plan for Valley View Ranch was
approved with residential development beginning to the south of the site, AMUSR-735 should
have, at that time, become void and the Special Review Activity cease to operate.
Condition of Approval number 8 for AMUSR-735:
8. Notwithstanding the foregoing, the portion of the Use by Special Review authorizing cattle feeding
shall become void on September 12, 1995. Applicant may reapply for a Use by Special Review
according to the then existing procedures for that use, without fee, on or before that date if applicant
wishes to continue the cattle feeding operation.
This condition required that the applicant apply for a new USR before Sept. 12, 1995 in order for the
Special Review activity to continue. A new USR was not applied for at this time. The cattle feeding
operation should have, at that time, become void and the activity cease to operate.
Development Standard number 12 for AMUSR-735:
12. The Special Review permit shall not be transferable to any successors in interest to the described
property and shall terminate automatically upon conveyance or lease of the property to other for
operation of the facility.
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ADDITIONAL INFORMATION, USR-1135
Soukup Investments, LLC
Page 2
In October 1995, the property owner, Joy Jefferson, sold the property to the applicant, Brian Soukup.
At this time, the Special Review permit should have been void and the activity cease to operate.
In March 1996, the Department of Planning Services received the initial complaint that there were
over 1,000 head of cattle at the site, with five residences. The complaint was referred to Julie
Chester, Zoning Compliance Officer, who then proceeded to inspect the property and found that it
was not in compliance. A five day letter was sent to the applicant requesting that he come discuss
the problems with Ms. Chester. A second complaint was received. A violation hearing was scheduled
for the Board of County Commissioners.
In May 1996, AMUSR-735 was vacated by the Board of County Commissioners. On October 3, 1996,
the applicant submitted a Use by Special Review application.
The Department of Planning Services has concerns that there are health and building code violations
with the site. The applicant has converted a feed shop into a residence without the appropriate
permits. People are currently residing in this structure. The applicant has also converted a small
scale house into a residence without proper permits. While this structure appears to be vacant at this
time, there are several features such as an oven in the structure that indicate that it was previously
inhabited or will be inhabited in the future.
The property is also not in compliance with the number of household pets allowed. Under the Weld
County Zoning Ordinance, seven household pets of one species is the maximum number allowed in
an unplatted agricultural zone district. While on the site, staff noted over seven dogs at the
residences, constituting a kennel.
9'70442
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