HomeMy WebLinkAbout20190679.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: February 5, 2019
Case Number: USR18-0091
Applicants: B & A Trust, Ben Kitzman, 15925 County Road 38, Platteville, CO 80651
Request: A Site Specific Development Plan and Use by Special Review Permit for a Single -Family
Dwelling unit per lot other than those permitted under Section 23-3-20 A. and a use
permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (an electric contractor business) provided that
the property is not a lot in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Legal Lot B RE -80 being a part of the SE4SE4 of Section 34, T4N, R66W of the 6th P.M., Weld
Description: County, CO
Location: North of and adjacent to County Road 38 and west of and adjacent to County Road 33.
Size of Parcel: +1- 5.38 acres Parcel No. 1057-34-0-00-047
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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:
y Weld County Zoning Compliance, referral dated September 13, 2018
y Weld County Department of Public Health and Environment, referral dated September 28, 2018
y Weld County Department of Public Works, referral dated October 8, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
VVVVVVV81
Colorado Parks and Wildlife, referral dated September 6, 2018
Town of Platteville, referral dated September 7, 2018
Platte Valley Canal Company, referral dated September 7, 2018
Platteville Fire Protection District, referral dated September 10, 2018
State of Colorado, Division of Water Resources, referral dated September 12, 2018
Weld County Sheriff's Office, referral dated September21, 2018
Weld School District RE -1, referral dated October 25, 2018
Central Weld County Water District, referral dated October 4, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Gilcrest
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USR18-0091
Page 1 of 10
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: February 5, 2019
Case Number: USR18-0091
Applicants: B & A Trust, Ben Kitzman, 15925 County Road 38, Platteville, CO 80651
Request: A Site Specific Development Plan and Use by Special Review Permit for a Single -Family
Dwelling unit per lot other than those permitted under Section 23-3-20 A. and a use
permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (an electric contractor business) provided that
the property is not a lot in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Legal Lot B RE -80 being a part of the SE4SE4 of Section 34, T4N, R66W of the 6th P.M., Weld
Description: County, CO
Location: North of and adjacent to County Road 38 and west of and adjacent to County Road 33.
Size of Parcel: +1- 5.38 acres Parcel No. 1057-34-0-00-047
Case Summary:
The applicant is requesting a Use by Special Review permit for a Kitzman Electric, Inc., an electrical
contractor business The property resident is the business owner and is anticipated to employ up to eleven
(11) employees, ten (10) electricians and one (1) office employee. Typical hours of operation are 7:00 a.m.
to 7:00 p.m. Monday thru Saturday with emergency calls taken 24 hours a day, 7 days a week. Parking,
storage and staging of equipment, trucks and materials occurs inside of the existing structures or screened
enclosures 24 hours a day, 7 days a week. The applicant is also requesting a permit for the Mother -in -Law
suite constructed within a 3700 SF garage structure for the applicant's mother who is physically impaired.
This case is an active Zoning Violation (ZCV18-00122) which was initiated due to the operation of an
electrical business without first completing the necessary Weld County Zoning Permits. If this application is
approved by the Board of County Commissioners, conditions of approval met and the USR map recorded
this violation will be corrected. If this application is denied the Department of Planning Services asks that the
Board of County Commissioners forward this case to the County Attorney's Office for legal action through
the District Court process, but to delay that legal action for thirty (30) days to allow the applicant time to
remove all but 1 Commercial Vehicle and all storage of equipment and materials from the property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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.
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USR18-0091
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Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." And Section 22-2-20.G.2- A.Policy 7.2 states,
"Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such development, and should
attempt to be compatible with the region."
The applicant is requesting a Use by Special Review permit for an electric contractor business on
land that is also his personal residence. The property owner will employ eleven (11) persons who
will access the property in the morning, park their vehicles and leave in a company owned vehicles.
Hours of operation are 7:00 a.m. to 7:00 p.m. Monday thru Saturday with availability for 24 hour on
call to answer emergency conditions. The existing landscaping on the site consists of grasses with
plants and trees.
Section 23-2-240.A.10 states 'Buffering or screening of the proposed use from adjacent properties
may be required in order to make the determination that the proposed use is compatible with the
surrounding uses."
The proposed use is in an area that can support this development and the existing and proposed
screening, the Development Standards, and the 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.
Section 22-2-20.G.7 - A.Policy 7.3 states, "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or
Urban Development Nodes, or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered, but should not
determine the appropriateness of such conversion."
This site is located within the Intergovernmental Agreement and Coordinated Planning Area for the
municipality of Platteville and is located within three miles of the Towns of Platteville and Gilcrest.
The Town of Platteville Notice of Inquiry dated July 17, 2018 stating 'The Town is not interested in
annexing the property. It is well outside the Urban Growth Boundary and the Three Mile Area Plan."
The Town also returned a referral dated September 7, 2018 indicating they found no conflicts with
their interests. The Town of Gilcrest did not return a referral request.
Section 22-2-20.H.8 - A.Policy 8.5. states, 'The land use applicants should demonstrate that public
service providers, such as but not limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate opportunity to comment on the
proposal."
The applicant is requesting a USR permit for two (2) single-family dwellings on one parcel. The
applicant indicates that Central Weld County Water District provides water service to both
residences through residential Tap No. 3036. Both residences on the property are serviced by the
same existing onsite wastewater treatment system which is permitted for 3 bedrooms (G19771468)..
An engineer review is required and if the system is inadequate a repair permit must be submitted
and the system shall be brought up to current requirements. Portable toilets and bottled water can
be used for employees who are on site for 2 consecutive hours or less and 2 or less full-time
employees on site. The application indicates a portable toilet would be used for the business which
is acceptable with Environmental Health policy. The Conditions of Approval and Development
Standards ensure that there are adequate services and facilities available.
The USR request was sent to twelve (12) referral agencies, including municipalities within three
miles and the fire district. The referral agencies had 28 days to review this USR and most of them
submitted response of no concerns' with the rest submitting comments or conditions that are
incorporated as Conditions of Approval or Development Standards in the staff recommendation.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District. Section 23-3-40.M. which allows for a Site Specific Development Plan and Use by Special
Review Permit for one (1) single-family dwelling unit per lot other than those permitted under Section
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USR18-0091
Page 3 of 10
23-3-20.A. (second single-family dwelling unit) and Section 23-3-40.S. which allows for a Site
Specific Development Plan and Use by Special Review Permit for a Use permitted as a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Landscape Maintenance Business) provided that the property is not a lot in an approved
or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
Section 23-3-10 — Intent states, 'The A (Agricultural) Zone District is also intended to provide areas
for the conduct of uses by Special Review which have been determined to be more intense or to
have a potentially greater impact than uses Allowed by Right."
The proposed USR is in an area that can support this development and the Development Standards
and the 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.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of dryland agriculture, irrigated production agriculture and rural
residences. There are thirty-one (31) houses within approximately 1 -mile of the property with the
nearest residences being approximately ninety-three (93) feet north; one hundred twenty-one (121)
feet east and two hundred thirty-eight (238) feet south of the property line.
There are several USRs within one mile of this site. USR17-0049 for a high pressure natural gas
pipeline, USR-958 for a ten -inch gas line located to the north and west; 5MJUSR17-83-0542 for the
DCP Mewbourn Gas Plant, USR12-0009 for a non -1041 major facility of a public utility and USR-
1018 for oil and gas storage of equipment. To the south are USR18-0018 for the Anadarko Latham
Gas Plant and USR-888 for a single-family dwelling.
The Weld County Department of Planning Services has not received phone calls or correspondence
from the surrounding property owners or interested persons regarding this Use by Special Review.
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.
This site is located within the Intergovernmental Agreement and Coordinated Planning Area for the
municipality of Platteville and is located within three miles of the Towns of Platteville and Gilcrest.
The Town of Platteville Notice of Inquiry dated July 17, 2018 stated 'The Town is not interested in
annexing the property. It is well outside the Urban Growth Boundary and the Three Mile Area Plan."
The Town also returned a referral dated September 7, 2018 indicating they found no conflicts with
their interests. The Town of Gilcrest did not return a referral request.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The site is not in the MS4, Floodplain, Geologic Hazard or the Airport Overlay Districts.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, 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 proposed business is located on soil designated as "Other" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. There are no new structures proposed so the
USR will not take any Prime (Irrigated) Farmland out of production.
B & A Trust - Ben Kitzman
USR18-0091
Page 4 of 10
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 on -site wastewater treatment system permitted as G19771468 shall be reviewed by a Colorado
registered professional engineer to ensure adequacy for the addition of the second residence. In
the event the system is found to be inadequately sized or constructed, the system shall be brought
into compliance with current regulations (Department of Public Health and Environment)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0091. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County
Code addresses the issue of trash collection areas. (Department of Planning Services)
5) If applicable, signs shall be shown on the map and shall adhere to Chapter23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
6) The map shall delineate the lighting, incorporating Dark Sky policy, if applicable. (Department
of Planning Services)
7) County Road 33 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 on the site plan the existing right-of-way. All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County. (Department of Public Works)
8) County Road 38 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 on the site plan the existing right-of-way. All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County. (Department of Public Works)
9) Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
10) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
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11) The applicant shall show the drainage flow arrows. (Department of Public Works)
12) Show and label the parking. (Department of Public Works)
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
3. 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)
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map 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)
5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review map 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
B & A Trust — Ben Kitzman
USR18-0091
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0091, for a Single -Family
Dwelling unit per lot other than those permitted under Section 23-3-20 A. and a use permitted as a Use
By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts
(an electric contractor business) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions 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 hours of operation are 7:00 a.m. to 7:00 p.m. Monday thru Saturday with emergency service calls
taken 24 hours a day, seven days a week. (Department of Planning Services)
4. The number of employees shall be eleven (11) as stated in the application. (Department of Planning
Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. 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. (Department of Public Works)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
15. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
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17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
18. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment)
19. In the event the applicant intends to utilize the existing septic system at the home, for business use, the
septic system shall be reviewed by a Colorado registered professional engineer. The review shall consist
of observation of the system and a technical review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the system is found to be inadequately
sized or constructed, the system shall be brought into compliance with current regulations. (Department
of Public Health and Environment)
20. Adequate hand washing, and toilet facilities shall be provided for employees, at all times. For employees
or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time employees on site,
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers. (Department of Public Health and Environment)
21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
22. 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)
23. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2018 International Codes; 2006 International Energy Code; 2017
National Electrical Code; A building permit application must be completed and two complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required or an open hole inspection. (Department of Building Inspection)
24. 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.
25. 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.
26. 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.
27. 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 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.
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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.
28. 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, 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 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.
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USR18-0091
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January 08, 2019
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
TIM NAYLOR
3050 67TH AVE STE 200
GREELEY, CO 80634
Subject: USR18-0091 - A Site Specific Development Plan and Use by Special Review Permit for a
Single -Family Dwelling unit per lot other than those permitted under Section 23-3-20 A. and a use
permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (an electric contractor business) provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART SE4SE4 SECTION 34, T4N, R66W LOT B REC EXEMPT RE -80 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 5, 2019, at 10:00
a.m. A subsequent hearing with the Board of County Commissioners will be held on February 20, 2019
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
September 06, 2018
KITZMAN BEN
15925 C R 38
PLATTEVILLE, CO 80651
Subject: USR18-0091 - A Site Specific Development Plan and Use by Special Review Permit for a
Single -Family Dwelling unit per lot other than those permitted under Section 23-3-20 A. and a use
permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (an electrical business) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART SE4SE4 SECTION 34, T4N, R66W LOT B REC EXEMPT RE -80 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Gilcrest at Phone Number 970-737-2426
Platteville at Phone Number 970-785-2245
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
FIELD CHECK USR18-0091 - Kitzman
Inspection Date: January 10, 2019
A Site Specific Development Plan and Use by Special Review Permit for a Single -Family Dwelling unit per
lot other than those permitted under Section 23-3-20 A. and a use permitted as a Use By Right, an
Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (an electric
contractor business) provided that the property is not a lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
North of and adjacent to County Road 38 and west of and adjacent to County Road 33.
Zoning
Land Use
N
A (Agricultural)
N
Kitzman Residence on Recorded Exemption parcel
E
A (Agricultural)
E
Platte Valley Canal, Gas pipelines w launchers and
receivers and agriculture field
S
A (Agricultural)
S
Residence with UBR cattle feeding
W
A (Agricultural)
W
Rural residences on non RECX parcels
The Kitzman property in review here has a single family ranch style brick residence, two metal
skinned outbuildings with one outbuilding having living quarters. There are commercial vehicles
located on site associated with an electrical contractor (Kitzman Electric). There are two
dumpsters, a port -a -let and outdoor storage of equipment and materials. All unscreened from
public right-of-way. The property without improvements is in irrigated hay production.
Adjacent property includes multiple residences on smaller tracts of land and to the southeast
diagonally across the CR 33 and CR 38 intersection is the recently approved Anadarko Latham
Gas Processing Plant on construction.
CR 33 and CR 38 are all weather roads, that are graveled and graded.
The Kitzman property slopes off to the west from County Road 33. The yard and property are
well maintained and have limited landscape treatment. The Platte Valley Canal flanks the west
edge of the property.
Representative site photos of property from CR 33, and looking into property from CR 38, west
of CR 33:
Kim Ogle, Planner
FIELD CHECK DSRI8-OO►91 - Kitzman
Site Photographs Inspection Date: January 10, 2019
Hello