HomeMy WebLinkAbout20193879.tiffPlanner:
LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
Case Number: USR19-0042
Applicant:
Address:
Request:
Legal
Description:
Location:
Size of Parcel:
Josh Gerstberger
4684 CR 5 Erie, CO 80516
Hearing Date: August 6, 2019
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 A of Recorded Exemption RECX16-0072; being a part of the NW4 of Section 9,
Township 1, Range 68 West of the 6th P.M., Weld County, Colorado
East of and adjacent to County Road 5; Approximately 0.5 miles north of County Road
10
+1- 3.4 acres Parcel No. 1467-09-2-00-090
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 Zoning Compliance, referral dated May 28, 2019.
Y Mountain View Fire Protection District, referral dated June 7, 2019.
Y Weld County Department of Public Works, referral dated June 26, 2019.
Y Weld County Department of Public Health and Environment, referral dated June 20, 2019.
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Erie, referral dated June 3, 2019.
Y City of Dacono, referral dated May 31, 2019.
Y Weld County Sheriffs Office, referral dated May 31, 2019.
Y City and County of Broomfield, referral dated May 29, 2019.
Y St. Vrain Valley School District, referral dated May 31, 2019.
The Department of Planning Services' staff has not received responses from the following agencies:
Y Boulder County
Y Town of Frederick
▪ Left Hand Water District
▪ Boulder Valley Soil Conservation District
▪ Weld County Department of Building Inspection
USR19-0042, Josh Gerstberger
Page 1 of 8
Planner:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Maxwell Nader
Case Number: USR19-0042
Applicant: Josh Gerstberger
Address: 4684 CR 5 Erie, CO 80516
Hearing Date: August 6, 2019
Request: 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.
Legal Lot A of Recorded Exemption RECX16-0072; being a part of the NW4 of Section 9,
Description: Township 1, Range 68 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 5; Approximately 0.5 miles north of County Road
10
Size of Parcel: +1- 3.4 acres Parcel No. 1467-09-2-00-090
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 and possibly caretaker or rental purposes in the future. The parcel
is zoned A (Agricultural) and is not located in a subdivision. The applicant built a new residence in 2016
and lived in a modular home during construction. They permitted the modular home through a Temporary
During Construction Permit (ZPMH16-0044). Once the primary residence was built and being lived in the
ZPMH is vacated and the modular was supposed to be removed. The applicant was unaware of this and
kept the modular home on site. Future plans are to build a stick -built home in the general location of the
modular home for family and friends. The applicant has state that there is no exact time of when the modular
home will be removed, and the new second residence will be built.
This site currently has an active zoning violation (ZCV19-00074) which was initiated due to not removing
the modular home within thirty (30) days of a Temporary During Construction Permit (ZPMH16-0044) being
vacated. 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:
USR19-0042, Josh Gerstberger
Page 2 of 8
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 22-2-20.F.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker,
guest and accessory quarters."
The proposed second single family dwelling has been used as a guest house and the
applicant would like the option of using it for visiting family and rental purposes 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. Left Hand Water
District serves the primary residence. The second residence will also be utilizing Left hand
Water District. The current 5/8" tap will have to upgraded to a 3/4" tap to allow the shared
use of the second residence. There is an existing septic system, permit # SP -1600296, for
the existing primary home (4684 CR 5) and is sized for five (5) bedrooms. The second
residence will need to be served by a new On -site Waste Water Treatment System
(OWTS).
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 or located within a
residential subdivision.
There are a few Use By Special Review permits within one (1) mile of the subject property.
Including one (1) accessory structure, one (1) private airport, one (1) gutter business, one
(1) indoor training arena, two (2) restoration related businesses and two (2) second single
family residences. There are also an additional sixteen (16) Use By Special Review Permits
within two (2) miles of the subject property.
The Weld County Department of Planning Services sent notice to fourteen (14) surrounding
property owners within five -hundred (500) feet. No correspondences was 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.
USR19-0042, Josh Gerstberger
Page 3 of 8
The site is located within the three (3) mile referral area of the municipalities of Erie,
Dacono, Frederick and Broomfield. All four municipalities either did not respond or
indicated no concerns in their referrals. The site is not located within any existing
Intergovernmental Agreement Area (IGA) of a municipality.
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 (Irrigated)" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The site is not current farmland and the
small lot size is not suitable for farming.
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 plat:
A. The applicant shall address the requirements of the Mountain View Fire Protection District,
as stated in the referral response dated June 7, 2019. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0042 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. Show and label septic system location. (Department of Planning Services)
5. Show and label the locations and setbacks of all structures including the primary and
secondary residences. (Department of Planning Services)
6. Show and label all recorded rights -of -way and easements on the lot. (Department of
Planning Services)
USR19-0042, Josh Gerstberger
Page 4 of 8
7. County Road 5 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 approved access locations, approved access width and the
appropriate turning radii (25') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
9. 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)
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 plat for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with
all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat 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. The applicant shall remove the modular home on site prior to construction of the permanent
second dwelling. Photographic evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
7. Prior to the issuance of the Certificate of Occupancy:
A. An on -site waste water treatment system is required for the proposed residence and shall be
installed according to the Weld County On -site Waste Water Treatment System Regulations.
(Department of Public Health and Environment)
8. 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)
USR19-0042, Josh Gerstberger
Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Josh Gerstberger
USR19-0042
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0042, 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. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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. (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Environmental Health)
9. 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
Environmental Health)
10. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
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 Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
11. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
12. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
USR19-0042, Josh Gerstberger
Page 6 of 8
13. 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.
14. WELD COUNTY'S RIGHT TO FARM: 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
USR19-0042, Josh Gerstberger
Page 7 of 8
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.
USR19-0042, Josh Gerstberger
Page 8 of 8
June 25, 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
GERSTBERGER JOSHUA
4684 CR 5
ERIE, CO 80516
Subject: USR19-0042 - 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 A REC EXEMPT RECX16-0072, PART NW4 SECTION 9, 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 August 6, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 4,
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,
7
,/ (--
Maxwell Nader
Planner
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
May 28, 2019
GERSTBERGER JOSHUA WADE
4684 COUNTY ROAD 5
ERIE, CO 805168921
Subject: USR19-0042 - 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 A REC EXEMPT RECX16-0072, PART NW4 SECTION 9, T1 N, R68W 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:
Dacono at Phone Number 303-833-2317
Erie at Phone Number 303-926-2700
Frederick at Phone Number 720-382-5500
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,
A/7 /
Maxwell Nader
Planner
FIELD CHECK
Inspection date: July 23, 2019
CASE NUMBER:
APPLICANT:
LEGAL DESCRIPTION:
LOCATION:
USR19-0042
Josh Gerstberger
Lot A of Recorded Exemption RECX16-0072; being a part of the
NW4 of Section 9, Township 1, Range 68 West of the 6th P.M.,
Weld County, Colorado
East of and adjacent to County Road 5; Approximately 0.5 miles
north of County Road 10
Zoning
Land Use
N
A (Agricultural)
N
Ag/residential
E
A (Agricultural)
E
Ag/residential/horse training /boarding
S
A (Agricultural)
S
Ag/residential
W
PUD Z-279
w
Residential (park land estates)
COMMENTS:
The site is located east of and adjacent to County Road 5; Approximately 0.5 miles north of County Road
10. The site contains a primary dwelling the current second home (mobile home). It also has a pole barn
for personal items. There were also 3 trailers for what looks like personal trailers as well.
Maxwell Nader, Planner I 07/23/2019
Hello