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LAND USE APPLICATION
SUMMARY
Kim Ogle
USR22-0032
Jeremy Brown
6697 Lakota Court, Loveland, Colorado 80534
Hearing Date: January 3, 2023
Site Specific Development Plan and Use by Special Review Permit to exceed the
maximum allowed building coverage (up to 12%) in a subdivision in the A (Agricultural)
Zone District
Lot 13, Block 1, Indianhead Subdivision, being part NE4 of Section 18, Township 5
North, Range 67 West of the 6th P.M., Weld County Colorado
North of and adjacent to Lakota Court, South of and adjacent to Highway 34 right-of-
way, approximately 1350 feet west of County Road 15
± 0.942 acres Parcel No. 0957-18-1-01-005
The criteria for review of this Special Review Permit are 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 Planning Services — Development Review, referral dated November 3, 2022
■ Weld County Department of Public Health and Environment, referral dated November 2, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ Town of Windsor, referral dated November 9, 2022
■ Weld County Sheriff's Office, referral dated November 9, 2022
■ Weld County Department of Planning Services — Code Compliance, referral dated November 14, 2021
■ Little Thompson Water District, referral dated November 15, 2022
■ City of Greeley, referral dated November 22, 2022
■ Windsor -Severance Fire Department, referral dated December 1, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
■ Weld County Department of Planning Services — Building Inspection
■ Colorado Department of Transportation
■ Town of Johnstown
■ Larimer County
USR22-0032 — Brown
Page 1
Case Summary:
The applicant is proposing to construct a 560 SF addition to the residence to accommodate the kitchen
remodel and create a larger living room space and a 1,728 SF addition to the attached garage. These
building additions will increase lot coverage to just over 12% of the property. Per Section 23-3-70.G. if a lot
is less than one (1) acre in but greater than 6,000 SF in size and is located in a subdivision a Use by
Special Review Permit is required if the buildings coverage exceeds the allowed percentage, in this case
the allowed percentage is 10.9% lot coverage.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
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 22-2-30. C.2 states: "Establish residential development options based on compatibility,
proximity to municipalities, and availability of services that reflect the desired density and character
of that location."
The buildings will not have a negative impact on the character of the surrounding area. The property
is located in an existing subdivision, Indianhead Subdivision, and it is comprised of seventeen (17)
residential lots within Block 1 that are platted between 0.927 acres and 1.29 acres in area with the
average lot size being 1.028 acres in area. All structures will meet offsets and setbacks from
adjacent property lines and roads rights -of -way and will not adversely impact the surrounding area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
The proposed building coverage exceedance is permittable under Section 23-3-60.B of the Weld
County Code by a Use by Special Review.
Harmonize development with surrounding land uses, and establish residential development
options based on compatibility, proximity to municipalities, and availability of services that reflect
the desired density and character of that location.
The request meets the intent because the request is located on an existing 1997 platted subdivision
lot and will not impact existing agricultural uses.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposal is located within an existing A (Agricultural) zoned subdivision and is adjacent
to other residential lots with similar uses. The proposal will not change the character of the
neighborhood and is in an area that can support this development. Many lots in this subdivision
have similar oversized buildings. The applicant submitted letter dated September 16, 2022 from
Gene Martinez, HOA President, Indianhead Subdivision, indicating that the Indianhead Estates
Board and Architectural Committee had reviewed the request and is satisfied with the design and
granted Final Approval for the planned construction.
USR22-0032 R22-0032 — Brown
Page 2
The Department of Planning Services sent notice to twenty-one (21) surrounding property owners.
No responses were received. The Development Standards and Conditions of Approval will assist
in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region. The uses proposed under this USR are consistent with
and compatible with other uses in the subdivision (single-family residences with garages and
outbuildings). The USR is in an existing developed subdivision (Indianhead Subdivision) that has
existing residences and outbuildings.
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 in an existing residential subdivision (Indianhead Subdivision) and the proposed
building additions are consistent with the uses of other properties in the area.
The site is located within the three (3) mile referral for the Towns of Johnstown, Windsor and the
City of Greeley. The site is also within the Coordinated Planning Agreement area for the Town of
Windsor, who returned the Notice of Inquiry form stating "Thank you for the opportunity to review.
No comments from Windsor" as expressed in the September 15, 2022 response. The Town of
Windsor, in a referral dated November 9, 2022 stated "The Town of Windsor has reviewed the
application materials provided for 6698 Lakota Court, Loveland CO. The subject property is outside
the Town's Growth Management and Community Influence areas therefore we have no comment."
The City of Greeley in a referral dated November 22, 2022 stated "Thank you for providing the City
of Greeley the opportunity to review the above -mentioned project. The subject site is located
outside of Greeley's Long Range Expected Growth Area (LREGA), the area in which the community
anticipates annexation and urban development to occur in the future. We do not have any
comments to contribute currently." The Town of Johnstown did not return a referral response.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is located within the MS4 - Municipal Separate Storm Sewer Systems overlay area.
Weld County currently holds a federally mandated Municipal Separate Storm Sewer System (MS4)
Permit issued by the Colorado Department of Public Health and Environment (CDPHE) for all
unincorporated urban areas within the County. As required by the permit, a Stormwater
Management Program was developed with a goal of reducing the amount stormwater pollution
entering local creeks, streams and rivers from these urbanized areas. Urbanized areas are
determined by US Census data, which is updated every 10 years.
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport Overlay District, or a Special Flood Hazard Area. Building Permits issued on the
property will be required to adhere to the fee structure of the County -Wide Road Impact Fee
Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The property is an existing subdivision lot, is 0.942 acres in size, is covered by existing
improvements and is not in agricultural 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
USR22-0032 R22-0032 — Brown
Page 3
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the approval of this
request.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0032 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of
the Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. Lakota Court is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-way at full
buildout. The applicant shall delineate and label on the map the future and existing right-of-
way (along with the documents creating the existing right-of-way) and the physical location of
the roads. If the existing rights -of -way cannot be verified they shall be dedicated. Pursuant to
the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County.
(Development Review)
6. Show and label the existing access location on Lakota Court. (Development Review)
7. Show and label drainage flow arrows. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit 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 Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance fee shall be added for each additional 3 -month period. (Department of Planning Services)
USR22-0032 — Brown
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4. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and
the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review plat 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)
USR22-0032 R22-0032 — Brown
Page 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jeremy A. Brown
USR22-0032
1. Site Specific Development Plan and Use by Special Review Permit to exceed the maximum allowed
building coverage (up to 12%) in a subdivision 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 building coverage shall not exceed twelve percent (12%) of the platted lot. (Department of Planning
Services)
4. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
5. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
6. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
7. This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit.
(Development Review)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
9. All structures must meet the required setbacks from the existing On -site Wastewater Treatment
System in compliance with provisions of the Weld County Code, pertaining to On -site Wastewater
Treatment Systems. (Department of Public Health and Environment)
10. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
11. 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. (Department of Planning Services)
12. 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. (Department of Planning Services)
13. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner. (Department of Planning Services)
14. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
USR22-0032 — Brown
Page 6
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit. (Department of Planning Services)
15. 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 people 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.
16. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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. People moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on 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
USR22-0032 R22-0032 — Brown
Page 7
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR22-0032 R22-0032 — Brown
Page 8
USR22-0000, Applicant
Page 9 of 9
Indian Head Estates Board and
Architectural Committee
`22 -
Date: September 16,-292
Jeremy Brown
6697 Lakota court
Loveland, CO 80534
/7/o
Re: Request for approval — House Addition
Dear Jeremy:
The Architectural Controls Committee has reviewed the drawing provided by you. Based on the information provided, the
committee is satisfied with the design for our Out Building.
The information was presented tot ar itectucommittee.
Darrin Kaderka: - Approved
Allen Aab: Approved
Chris lssacs: Approved
The committee is pleased to grant Final Approval for the planned construction.
House Addition must meet the county set back requirements.
Please note: The Board and Architectural Committee only reviews your submission for compliance with the existing Articles of our
Covenants. Should permits be required for the construction of the structure, you will be responsible for obtaining the permits and
submitting a copy to the committee.
Completion Date:
Please note: Once construction is started, you will have 9 months to complete the construction.
A copy of the information you provided and a copy of the permit if applicable will be placed in our files for future reference.
The Architectural Committee Members have
Darrin Kaderka: Approved
Allen Aab: Approved
Chris Issacs: Approved
December 8, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
MILLER STACY
6697 Lakotah Ct
LOVELAND, CO 80534
Subject: USR22-0032 - A Site Specific Development Plan and Use by Special Review Permit to exceed
the maximum allowed building coverage (up to 12%) in a subdivision in the A (Agricultural) Zone
District
On parcel(s) of land described as:
LOT 13, BLOCK 1 INDIANHEAD SUBDIVISION; PART OF SECTION 18, T5N, R67W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 3, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 25, 2023
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must 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 https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Kim O
Planner
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