HomeMy WebLinkAbout20192991.tiffPlanner:
Maxwell Nader
Case Number: USR19-0018
Applicant:
Representative:
Request:
Legal
Description:
Location:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: June 6, 2019
Laura Granados, 14753 County Road 18 Fort Lupton, CO 80621
Pamella Pachello, 16480 Essex Road Platteville, CO 80651
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 23-3-20.a (second
single-family dwelling unit) in the A (Agricultural) Zone District.
Lot B of Recorded Exemption RECX16-0140; being a part of the E2SE4 of Section 21,
Township 2, Range 66 West of the 6th P.M., Weld County, Colorado
North of and adjacent to County Road 18; approximately 200 feet west of County Road
31
Size of Parcel: +1- 23.33 acres Parcel No. 1309-21-4-00-012
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:
City of Fort Lupton, referral dated March 1, 2019.
Weld County Zoning Compliance, referral dated March 4, 2019
Weld County Department of Public Works, referral dated March 8, 2019
State of Colorado, Division of Water Resources, referral dated March 13, 2019
Weld County Department of Public Health and Environment, referral dated March 18, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Sheriff's Office, referral dated March 8, 2019
Y Weld County School District RE -8, referral dated March 18, 2019
Y Weld County Department of Building Inspection, referral dated April 17, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Y Colorado Parks and Wildlife
Y Platte Valley Conservation District
Y Fort Lupton Fire Protection District
Y Public Safety Wireless Communications
USR19-0018, Laura Granados, Page 1 of 7
Planner:
Maxwell Nader
Case Number: USR19-0018
Applicant:
Representative:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: June 6, 2019
Laura Granados, 14753 County Road 18 Fort Lupton, CO 80621
Pamella Pachello, 16480 Essex Road Platteville, CO 80651
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 23-3-20.a (second
single-family dwelling unit) in the A (Agricultural) Zone District.
Lot B of Recorded Exemption RECX16-0140; being a part of the E2SE4 of Section 21,
Township 2, Range 66 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 18; approximately 200 feet west of County Road
31
Size of Parcel: +1- 23.33 acres Parcel No. 1309-21-4-00-012
Case Summary:
The applicants are requesting a Use by Special Review Permit for the use of an existing structure for a
second single-family dwelling for family, a caretaker or rental purposes. The parcel is zoned A (Agricultural)
and is not located in a subdivision.
This site currently has an active zoning violation (ZCV18-00236) which was initiated due to the presence
of more than one (1) dwelling unit without first completing the necessary Weld County Zoning Permits. This
case has not been forwarded to the County Attorney's Office; therefore, an investigation fee is not required.
Approval of this application by the Board of County Commissioners would correct the outstanding violation.
If this application is denied, the Department of Planning Services asks that the Board forward this case to
the County Attorney's Office for legal action, but to delay legal action for thirty (30) days to allow the
applicant time to permit as an accessory structure, to submit a demolition permit, or to remove the second
home 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.
USR19-0018, Laura Granados, Page 2 of 7
Section 22-2-20.F.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker,
guest and accessory quarters."
The proposed second single family dwelling has been used for family that visits and the
applicant would like the option of using it for visiting family in the future.
Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
There is currently water and septic service being provided to the property. Well Permit #
86280 is being re -permitted to allow for ordinary household purposes inside two single
family dwellings as stated in the Colorado Division of Water Resources referral letter dated
March 13, 2019. There is an existing septic system, permit # F19810038, for the existing
primary home (14753 CR 18) and is sized for three (3) bedrooms. There is a second septic
system, permit # G19940165, for the private kennel that is no longer in use. A review for
bedroom addition was completed by Environmental Health Services and the system was
determined to be adequate for two (2) bedrooms.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. --Intent, of the Weld County Code 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." This code section allows the applicant
to apply for a USR (Use by Special Review) Permit.
Section 23-3-40.M. of the Weld County Code allows for one (1) single-family dwelling unit
per lot other than those permitted under section 23-3-20.A. (second single-family dwelling
unit) in the Agricultural (A) Zone District. This code section allows the applicant to apply for
the subject second home.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The uses surrounding the property are primarily rural residential with the exception of the
Aristocrat Ranchettes Subdivision that is located southeast of the subject property which
contains one (1) acre residential lots. Additionally, the 2018 City of Fort Lupton Future Land
Use map identifies the parcel as Agricultural and Rural Residential and the land to the
south is identified as Residential.
There are numerous Use By Special Review permits within one (1) mile of the subject
property. Including one (1) 70,000 head obsolete turkey farm, one (1) single family
residence, one (1) auction site, one (1) 300' telecommunication tower, two (2) oil and gas
support services facilities, three (3) home businesses and thirteen (13) kennels.
The Weld County Department of Planning Services sent notice to eleven (11) surrounding
property owners within five -hundred (500) feet. No concerns were received back from
surrounding property owners regarding the proposed application.
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.
USR19-0018, Laura Granados, Page 3 of 7
The site is located within the three (3) mile referral area of the City of Fort Lupton. The City
of Fort Lupton in their referral comments, dated March 5, 2019 indicated that they wish to
discuss annexation and that the City of Fort Lupton requests an additional twenty-five (25)
foot of Future Right of Way for County Road 18, it is designated as a Future Arterial in Fort
Lupton's City Transportation Plan.
The site is located within the City of Fort Lupton's Intergovernmental Agreement Area
(IGA). As part of the pre -application process, Fort Lupton submitted a signed Notice of
Inquiry form that stated the applicant should consider annexation. The applicant does not
wish to annex at this time.
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, a Special Flood Hazard
Area, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area.
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 soil designation for the site is "Prime (if they become irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. Due to the classification
given, the proposed USR will not take "Prime (Irrigated)" Farmland out of 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 individual well permitted as 86280 shall be re -permitted to allow for 2 single-family
dwellings by Colorado State Division of Water Resources (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 USR19-0018 (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)
USR19-0018, Laura Granados, Page 4 of 7
4. Show and label all recorded rights -of -way and easements on the lot. (Department of
Planning Services)
5. Show and label the locations and setbacks of the existing primary and secondary
residences. (Department of Planning Services)
6. The applicant shall delineate and label on the site map the twenty-five (25) foot of
Future Right of Way as stated in the City of Fort Lupton referral dated March 5, 2019.
(Department of Planning Services)
7. County Road 18 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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
right-of-way. This road is maintained by Weld County. (Department of Public Works)
8. Show and label the drainage flow arrows. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy
or 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 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)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
6. 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)
USR19-0018, Laura Granados, Page 5 of 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Laura Granados
USR19-0018
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0018, 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 23-3-20.a (second single-family dwelling unit) 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. (Department of Public Works)
4. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
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. (Department of Public Works)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
8. Any On -site Waste Water Treatment 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)
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 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.
11. 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.
USR19-0018, Laura Granados, Page 6 of 7
12. 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, 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.
USR19-0018, Laura Granados, Page 7 of 7
April 30, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
PACHELLO PAMELA
CO
Subject: USR19-0018 - 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 23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
LOT B REC EXEMPTION RECX16-0140, E2SE4 SECTION 21, T2N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 4, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 24, 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.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
iy (2 / .�
Maxwell Nader
Planner
March 01, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
PACHELLO PAMELA
CO
Subject: USR19-0018 - 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 23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
E2SE4 Section 21 T2N R66W LOT B REC EXEMPTION RECX16-0140 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:
Fort Lupton at Phone Number 303-857-6694
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,
Maxwell Nader
Planner
FIELD CHECK
Inspection date: May 22, 2019
CASE NUMBER:
APPLICANT:
LEGAL DESCRIPTION:
LOCATION:
USR19-0018
Laura Granados
Lot B of Recorded Exemption RECX16-0140; being a part of the
E2SE4 of Section 21, Township 2, Range 66 West of the 6th P.M.,
Weld County, Colorado
North of and adjacent to County Road 18; approximately 200 feet
west of County Road 31
Zoning
Land Use
N
A (Agricultural)
N
Open space / Agriculture
E
A (Agricultural)
E
Agricultural / Rural Residential
S
A (Agricultural)
S
USR-1602 (4500 head)
W
A (Agricultural)
W
Agricultural / Farmland
COMMENTS:
The site is located north of CR 18 and approximately 200 feet west of CR 31. The site contains a long
driveway that makes a circle at the end. The site contains one existing residence, the second dwelling
and a pole barn.
Maxwell Nader, Planner I 05/22/2019
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