HomeMy WebLinkAbout20150337.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: Stephen Elkins Hearing Date: January 20, 2015
Case Number: USR14-0075
Applicant: Larry and Patty Nelson
Address: 6499 County Road 36, Platteville, CO, 80651
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 B of Recorded Exemption RE-3204 being part of S2 SW4 of Section 6, T3N, R67W
Description: of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 36, and approximately 0.25 miles east of County
Road 13 (Colorado Boulevard)
Size of Parcel: +/- 37.67 acres Parcel No. 1209-06-3-00-042
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 November 24, 2014
➢ Mountain View Fire Protection District, referral dated November 26, 2014
• Weld County Department of Public Health and Environment, referral dated December 15, 2014
• Weld County Department of Building Inspection, referral dated December 18, 2014
• Weld County Department of Planning Services—Engineer, referral dated December 24, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Berthoud, referral dated November 24, 2014
➢ Town of Johnstown, referral dated November 24, 2014
➢ Town of Platteville, referral dated November 25, 2014
➢ Northern Colorado Water Conservancy District, referral dated November 26, 2014
State of Colorado, Division of Parks and Wildlife Resources, referral dated November 28, 2014
Longmont Conservation District, referral dated December 9, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County School District RE-1J
➢ Town of Milliken
➢ Little Thompson Water District
USR14-0075, Larry and Patty Nelson, Page 1 of 8
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: Stephen Elkins Hearing Date: January 20, 2015
Case Number: USR14-0075
Applicant: Larry and Patty Nelson
Address: 6499 County Road 36, Platteville, CO, 80651
Request: A Site Specific Development and Use By Special Review Permit for one (1) single
family dwelling unit per lot other than those permitted under Section 23-2-20.A (second
single family dwelling unit) in the A(Agricultural)Zone District
Legal Lot B of Recorded Exemption RE-3204 being part of the S2 SW4 of Section 6, T3N,
Description: R67W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 36, and approximately 0.25 miles east of County
Road 13 (Colorado Boulevard)
Size of Parcel: +/- 37.67 acres Parcel No. 1209-06-3-00-042
Case Summary:
The applicants are requesting a Use By Special Review USR permit for two (2) single-family dwellings on
one parcel. ZCV14-00142 was initiated due to the construction of a second single family dwelling unit
without obtaining the required land use permits. BVC14-00058 was initiated due to construction
proceeding despite a stop work order. Approval of this Use By Special Review Permit will cure these
violations. Denial of this Use By Special Review Permit will lead to court action proceeding unless the
second single family dwelling unit is occupied by a family member or caregiver. If this Use By Special
Review Permit is denied, the applicants have applied for and received a Zoning Permit for a Second
Dwelling, ZPSD14-0013, which can only be utilized by family members or caregivers.
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.
Section 22-2-20.F.3. — A. Policy 6.3. states, "Encourage multi-generational, caretaker,
guest and accessory quarters."
The second single-family dwelling will be occupied by a farm caretaker. Since the
caretaker is neither related to the applicants nor a caregiver, this Use By Special Review
Permit is required for the second single family dwelling unit.
USR14-0075, Larry and Patty Nelson, Page 2 of 8
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."
The applicants are requesting a USR permit for two (2) single-family dwellings on one
parcel. The applicant receives public water service from the Little Thompson Water
District. The applicant has applied for and received approval from the District that their
current water tap can service the additional dwelling unit. The applicant's current septic
system can serve both the existing and proposed dwelling units provided they apply for
and receive a minor repair permit for said system from the Department of Public Health
and Environment. The Conditions of Approval and Development Standards ensure that
there are adequate services and facilities available.
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 23-3-20.A. (second single-family
dwelling unit).
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent parcels are utilized as rural residential properties. The closest residence
is approximately 900 feet west of the existing barn.
While there are no existing Use By Special Review Permits in close proximity to this site,
the proposed second single family dwelling unit is an apartment entirely contained in the
existing barn. The resulting impacts to the area's agricultural nature will therefore be
limited. The proposed land use matches the surrounding land uses.
The Weld County Department of Planning Services has received a letter of opposition
dated January 2, 2015, from Ms. Kelley Carlson who objects to the approval of this land
use permit. In summarizing her letter, Ms. Carlson has concerns about building safety
and the adequacy of the existing septic system to serve an additional dwelling unit.
The Conditions of Approval and Development Standards ensure that there are
adequate services and facilities available. Due to the issuance of the Second Single
Family Dwelling Permit, the applicants have applied for and received a building permit
for this dwelling unit, BCR14-00961.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral areas of the Towns of Berthoud,
Johnstown, Platteville, and Milliken. The Towns of Berthoud, Johnstown, and Platteville
in their referral comments indicated that they have no concerns. The Town of Milliken did
not return any referral comments.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
USR14-0075, Larry and Patty Nelson, Page 3 of 8
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the 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 facility is located on approximately 40 acres of prime (if irrigated)
agricultural land per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. No prime farmland will be removed from active production as a result of the
approval of this Use By Special Review Permit.
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 map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0075 (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. County Road 36 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant
shall verify and delineate on the map the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County. (Department of Planning
Services- Engineer)
5. Show the approved access(es) on the map and label with the approved access
permit number(AP14-00480). (Department of Planning Services - Engineer)
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)
USR14-0075, Larry and Patty Nelson, Page 4 of 8
3. 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)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (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)
6. Prior to building permits:
A. A fire protection notification letter shall be required before the applicant's building permit,
BCR14-00961, can be finalized.
7. Prior to receiving a certificate of occupancy:
A. A minor repair permit is required to connect into the existing On-site Wastewater Treatment
System (OWTS) and shall be installed according to the Weld County On-site Wastewater
Treatment System. (Department of Health and Environment)
USR14-0075, Larry and Patty Nelson, Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Larry and Patty Nelson
USR14-0075
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0075, for one (1) single
family dwelling unit per lot other than those permitted in Section 23-3-20.k (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. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services
— Engineer)
4. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing public water supply. (Department of Public Health and Environment)
9. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to On-site Waste-water
Treatment System (O.W.T.S.). (Department of Public Health and Environment)
10. The facility shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
11. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2011 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)
12. 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.
13. 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
USR14-0075, Larry and Patty Nelson, Page 6 of 8
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.
14. 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.
15. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
16. 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
USR14-0075, Larry and Patty Nelson, 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.
USR14-0075, Larry and Patty Nelson, Page 8 of 8
i a t86t i DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE:www.co.weld.co.us
E-MAIL: tvjohnson@weldgov.com
PHONE: (970) 353-6100, Ext. 3527
C ' v FAX: (970)304-6498
December 15, 2014
CARLSON STEVE
6499 CR 36
PLATTEVILLE, CO 80651
Subject: USR14-0075-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:
PART S2SW4 SECTION 6, T3N, R67W LOT B REC EXEMPTION RE-3204 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 20, 2015, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 4, 2015
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.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason:I am the author of this document
Date:2014.12.15 16:02:40-0700'
Tiffane Johnson
Planner
N DEPARTMENT OF PLANNING SERVICES
1`y 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: tvjohnson@weldgov.com
�j. PHONE: (970) 353-6100, Ext. 3527
C T FAX: (970) 304-6498
November 24, 2014
CARLSON STEVE
6499 CR 36
PLATTEVILLE, CO 80651
Subject: USR14-0075-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:
PT S2SW4 SECTION 6, T3N, R67W LOT B REC EXEMPTION RE 3204 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 Commission(s)for their review and comments:
Berthoud at Phone Number 970-532-2643
Milliken at Phone Number 970-587-4331
Johnstown at Phone Number 970-587-4664
Platteville at Phone Number 970-785-2245
Mead at Phone Number 970-535-4477
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
�' - -- Reason:lam the author of this document
Date:2014.1 1.24 10:20:04-07'00'
Tiffane Johnson
Planner
FIELD CHECK Inspection Date: 01/08/2015
Case Number: USR14-0075
Applicant: Larry and Patty Nelson
6499 County Road 36, Platteville, CO 80516
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 B, Recorded Exemption RE-3204 being part of the S2SW4 of Section
Description: 6, T3N, R67W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 36, and approximately 0.25 miles
east of County Road 13/Colorado Boulevard
Size of Parcel: +/- 37.67 acres Parcel No. 1209-06-3-00-042
Zoning I Land Use
N A (Agricultural) N Agriculture
E A (Agricultural) E Agriculture/Rural Residential
S A (Agricultural) S Tank Battery/Rural Residential
W A (Agricultural) W Agriculture/Rural Residential
COMMENTS:
The site contains a single family residence and six outbuildings. There is an access to the site
off of County Road 36.
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Stephen Elkins, Planner ` %
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