HomeMy WebLinkAbout20210665.tiffLAND USE APPLICATION
SUMMARY
Planner: C. Gathman Hearing Date: February 16, 2021
Case Number: USR20-0037
Property Owners: Dean & Kelli Beckvermit-Prine
Address: 5346 Fir Avenue, Erie, CO. 80516
Request: A Site -Specific Development Plan and Use by Special Review Permit for Accessory
Buildings with Gross Floor Area larger than four (4) percent of the total lot area af-a
tat in a subdivisions (Lot 12, Block 3 Carmacar Ranchettes) in the A (Agricultural)
Zone District.
Legal Lot 12, Block 3, Carmacar Ranchettes; located in part of the SE4 of Section 5, T1 N,
Description: R68W of the 6th PM, Weld County, Colorado
Location: East of and adjacent to Fir Avenue and approximately 1,600 feet north of County
Road 12.
Size of Parcel: ± 1.58 acres Parcel No. 1467-05-4-02-006
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 referral responses with comments from the
following agencies:
➢ Weld County Department of Public Works, referral dated December 28, 2020
y Weld County Department of Building Inspection, referral dated September 3, 2021
➢ Weld County Department of Public Health and Environment, referral dated September 5, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V 8 8 V`
Weld County Zoning Compliance, referral dated December 14, 2020
Weld County Department of Public Health and Environment, referral dated January 8, 2021
Town of Frederick, referral dated December 15, 2020
Weld County Sheriff's Office, referral dated December 29, 2020
Mountain View Fire Rescue, referral dated December 17, 2020
Town of Erie, referral dated December 22, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
➢ City of Dacono
➢ Boulder County
y School District RE -1J
➢ Left Hand Water District
USR20-0037, Prine, Page 1 of 7
Case Summary:
The proposal is to construct a two-story 1,536 square foot addition to an 1,800 square foot existing pole
barn. The building addition will be utilized as a garage on the ground level and family storage and a personal
office on the second -floor. The footprint of the proposed building addition will increase lot coverage to just
under 7.5% of thetotal lot area. The existing pole barn was permitted in 2015 under permit # BCR15-01105.
The applicant has applied fora building permit for this building addition under permit # ASA20-0062 which
is on hold pending the final decision on this USR request. The property is located in the Carmacar
Ranchettes subdivision which was platted in 1970 and is immediately to the east of another residential
subdivision (Peaks at Mountain View).
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 23-2-30.C.2. of the Weld County Code 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 addition will not have a negative impact on the character of the
surrounding area. This property is located in Carmacar Ranchettes which is comprised of
residential lots lots ranging from one (1) to over 1.5 acres in size. The proposed building
addition is for personal use and will not generate additional traff ic to the property. The proposed
building addition 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.A as a Use by Special Review
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 this is located within an existing agricultural zoned
subdivision and is adjacent to other residential lots with similar uses. The lot is not being utilized
for agricultural purposes and the proposed building addition will not impact existing agricultural
uses.
USR20-0037, Prine, Page 2 of 7
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed use is in an area that can support this development. The outbuilding is existing
and the proposed building addition will not impact adjacent uses. No phone calls or
correspondence have been received from surrounding property owners regarding this request.
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 site is located within the three (3) mile referral area of the Town of Erie and the Town of
Frederick. The Towns of Erie and Frederick in their referral comments, dated December 22,
2020 and December 15, 2020 indicated that they have no concerns.
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, MS 4 Area, 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.
This is a proposed building addition in an existing residential subdivision, not an agricultural
area. The property is already covered by a residence and outbuilding. No agricultural land is
affected by this proposal.
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 fo Ilowing:
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 USR20-0037 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
USR20-0037, Prine, Page 3 of 7
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. Fir Avenue 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. (Department of Public Works)
5. Show and label the approved access locations, approved access width and the
appropriate turning radii on the site plan. The applicant must obtain an access permit
in the approved locations prior to construction. (Department of Public Works)
6. Show and label the drainage flow arrows. (Department of Public Works)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
8. 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)
2. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
3. Prior to Construction:
A. The approved access locations shall be permitted prior to on -site construction. (Department of
Public Works)
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)
USR20-0037, Prine, Page 4 of 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Beckvermit-Prine
USR20-0037
1. A Site -Specific Development Plan and Use by Special Review Permit, USR20-0037, fora Accessory
Buildings with Gross Floor Area larger than four (4) percent of the total lot area of a lot in a subdivision
(Lot 12 Block 3 Carmacar Ranchettes) 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 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.
4. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
5. 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.
6. The historical flow patterns and runoff amounts on the site will be maintained.
7. 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; 2006 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)
8. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
9. 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.
10. 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.
11 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.
USR20-0037, Prine, Page 5 of 7
12. 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 person 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.
13. 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 ag riculture. 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 p rod ucers 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 ag ricultural 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 hund red (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.
USR20-0037, Prine, Page 6 of 7
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.
USR20-0037, Prine, Page 7 of 7
January 22, 2021
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
Prine Kelli
5346 Fir Avenue
Erie, CO 80516
Subject: USR20-0037 - A Site Specific Development Plan and Use by Special Review Permit for
Accessory Buildings with Gross Floor Area larger than four (4) percent of the total lot area of a lot in a
subdivision in the A(Agricultural) Zone District.
On parcel(s) of land described as:
LOT 12 BLOCK 3 CARMACAR RANCHETTES, BEING 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 February 16, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 10, 2021
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,
C ris Gathman
Planner
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