HomeMy WebLinkAbout20222730.tiffCase Number:
Property Owners:
Address
LAND USE APPLICATION
SUMMARY
Chris Gathman
USR22-0017
Jeffrey Futter
5367 Aspen Avenue; Erie CO 80516
Hearing Date: September 6; 2022
Request A Site -Specific Development Plan and Use by Special Review Permit for Buildings
exceeding the Maximum Building Coverage (up to 17.5%) in the A (Agricultural) Zone
District.
Legal Lot 7, Block 5, Carmacar Ranchettes, Part of the SE4 of Section 5, Ti N, R68W of the
Description: 6t" PM, Weld County, Colorado
Location North of and adjacent to Spruce Drive and approximately 750 -feet west of County
Road 5.
Size of Parcel:
± 1.7 acres Parcel No. 1467-05-4-03-001
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:
• Mountain View Fire Rescue District, referral dated July 8; 2022
• Weld County Department of Public Health and Environment, referral dated July 13, 2022
• Weld County Department of Planning Services — Development Review, referral dated July 14, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Sheriff's Office, referral dated July 18, 2022
• Weld County Planning Services - Code Compliance, referral dated July 7, 2022
• RE -1J School District, referral dated July 19, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Planning Services — Building Inspection
• Colorado Park and Wildlife
• City of Dacono
• Town of Erie
• Town of Frederick
• Boulder County
• Left Hand Water District
• Boulder Valley Soil Conservation District
USR22-O17, Fuller
Page 1 of
Case Summary:
The applicant is proposing a 3,500 square foot house addition (w garage) and a 6115 square foot addition
to an existing onsite shed/outbuilding. The existing residence will remain as a single-family residence after
the proposed expansion and the outbuilding after the proposed expansion will be used for storage of
personal vehicles. These building additions will increase lot coverage to just under 17.5% of the property.
A Use by Special Review Permit is required for lots that are greater than 1 acres in size and are in a
subdivision that have buildings exceeding 10% lot coverage.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
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 proposed building will not have a negative impact on the
character of the surrounding area The property is located in an existing subdivision (Carmacar
Ranchettes) and is comprised of residential lots approximately one (1) acre in size and
larger. The proposed building will meet offsets and setbacks from adjacent property lines
and road 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 use is permittable under Section 23-3-60. B of the Weld County Code as a Use
by Special Review Permit.
Agriculture in the County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and residential
land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture
as an essential feature of the county. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses.
The proposal meets the intent because it will not change the use of the property 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 agriculturally -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. The proposed
Development Standards, and Conditions of Approval will assist in mitigating the impacts of
the facility on adjacent properties and ensure compatibility with surrounding land uses and
region. The uses proposed under this USR is 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 (Carmacar Ranchettes) that has existing residences and
outbuildings. There are two existing USRs to exceed lot coverage within Carmacar Estates
(USR-887 and USR20-0037). The property is screened by existing mature trees and
vegetation.
USR22-4017, Fuller
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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 orordinances in effect, or the adopted Master Plans of affected municipalities.
The property is in an existing residential subdivision (Carmacar Estates) and the proposed
building additions are consistent with the uses of other properties in the area.
The site is not located within an existing Intergovernmental Agreement Area (IGA) of a
municipality,
The site is located within the three (3) mile referral area of the City of Dacono, Town of Erie ad
the Town of Frederick. No referral response has been received from Dacono, Erie and
Frederick.
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 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 only 1.7 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 there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the acknowledge the requirements of the Mountain View Fire
District, as stated in the referral response dated July 8, 2022, Written evidence of such shall
be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The map shall be amended to delineate the following
1. All sheets of the map shall be labeled USR22-0017 (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)
USR22-O17, Fuller
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4. Spruce Drive is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road, All setbacks shall be measured from the edge of rig ht -of -
way. This road is maintained by Weld County (Development Review)
5. Pikes Peak Street is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road, All setbacks shall be measured from the edge of rig ht -of -
way. This road is maintained by Weld County, (Development Review)
6. Show and label the access location onto Spruce Drive, approved access width, and the
appropriate turning radii on the site plan. Specify the access type. Show and label the
existing access onto Pike Peak Street as "close and reclaim." (Development Review)
7. Show and label the drainage flow arrows, (Development Review)
8. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (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)
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)
USR22-4017, Fuller
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jeffrey Futter
USR22-0017
A Site -Specific Development Plan and Use by Special Review Permit, USR22-0017, for Buildings
exceeding the Maximum Building Coverage (up to 17.5%) 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. Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
4. 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)
5. 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)
6. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
7. Prior to the release of building permits, the applicant shall be required to submit a complete access
application fora "preliminarily approved" access location as shown on this plat. (Development Review)
8. There shall be no parking or staging of vehicles on public roads, On -site parking shall be utilized.
(Development Review)
9. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
10. 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)
11. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with; or construed as; traffic control devices. (Department of Planning Services)
12. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2020 International Energy Code;
2017 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction (Department of Building
Inspection)
13. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
14. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
USR22-4017, Fuller
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15. 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 off ice of the Department
of Planning Services,
16. The property owner or operatorshall be responsibleforcomplying with all of theforegoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
17. 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.
18. 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
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of atermination 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.
19. 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.
20. 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. 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, thosefeatures 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 accommodatethe 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
USR22-0017, Fuller
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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 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.
USR22-4017, Fuller
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August 18, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
Justin Price
1720 14th Street Suite 100
Boulder, CO 80302
Subject: USR22-0017 - A Site Specific Development Plan and Use by Special Review Permit for
Buildings exceeding the Maximum Building Coverage (up to 17.5%) in the A (Agricultural) Zone
District.
On parcel(s) of land described as:
LOT 7 BLOCK 5 CARMACAR RANCHETTES; PART OF SECTION 5, T1 N, R68W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 6, 2022 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October
5, 2022 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
Res pectfu I ly,
Chris Gathman
Planner
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