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LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: June 2, 2015
Case Number: USR15-0025
Applicant: Lolita Miller do James E. Miller, 33323 State Highway 52, Keenesburg, Colorado
80643
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 RE-958, being part E2SW4 of Section 3, Ti N, R63W of the 6th P.M., Weld
Description: County, CO
Location: North of and adjacent to State Highway 52, approximately 1500 feet east of County
Road 67
Size of Parcel: +/- 3.53 acres Parcel No. 1477-03-0-00-081
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 April 13, 2015
• Weld County Department of Public Health and Environment, referral dated May 5, 2015
• Weld County Department of Planning Services- Engineer, referral dated May 12, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
✓ Southeast Weld Fire Protection District, referral dated April 13, 2015
✓ State of Colorado, Division of Water Resources, referral dated April 27, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County School District RE-3J
➢ Colorado Department of Transportation
➢ Weld County Department of Building Inspection
USR15-0025 Lolita Miller, Page 1 of 7
- 186l es.
SPECIAL REVIEW PERMIT
i I �• — ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: June 2, 2015
Case Number: USR15-0025
Applicant: Lolita Miller do James E. Miller, 33323 Hwy 52, Keenesburg, Colorado 80643
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, RE-958, being part E2SW4of Section 3, T1 N, R63W of the 6th P.M., Weld
Description: County, CO
Location: North of and adjacent to Hwy 52, approximately 1500 feet east of County Road 67
Size of Parcel: +/- 3.53 acres Parcel No. 1477-03-0-00-081
Case Summary:
The property has two land use permits currently in place. ZPHO11-0007 was approved for a hay
brokerage business for the son, James Miller, who resides on the property. ZPSD11-0006 is a Zoning
Permit for a Second Dwelling Unit restricted for use by family members only. Mr. Miller rented out the
second dwelling unit to a friend instead of to a family member as originally intended, resulting in a
violation case, ZCV15-00027, being initiated. USR15-0025 if approved, by the Board of County
Commissioners will correct this violation and allow for unrestricted leasing of the second dwelling unit on
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.
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 an individual who is not related to
the property owner and is required to correct a violation of an existing land use permit,
therefore, this Use by Special Review Permit is required for the second single family
dwelling unit.
Section 22-2-20.H. -A.Goa18. 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."
USR15-0025 Lolita Miller, Page 2 of 7
The applicants are requesting a USR permit for two (2) single-family dwellings on one
parcel. The applicant receives water from a well approved for domestic purposes inside
three single family dwellings, irrigation of up to one acre lawn and garden and the
owner's large non-commercial domestic animals. The Division of Water Resources
indicates that the approved uses for well permit no. 249869 are consistent with the
proposed uses. 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 subject property has multiple structures on site including two residences, an office for
a hay brokerage business and several outbuildings. The property is defined as lands
south of the irrigation ditch and north of State Highway 52. Adjacent to the west is a
single family residence on a small acreage, to the north and east are irrigated agricultural
fields, and to the south is the Weld School District RE-3J bus barn and district buildings
and the Prospect Community Church.
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 not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA)of a municipality.
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.
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 3.53 acres Prime Agricultural Land per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The
property has an irrigation ditch at the north property line, State Highway 52 is adjacent to
the south property line and there are two residences, an office and three outbuildings
located on the property and therefore make agricultural practices difficult to obtain.
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.
USR15-0025 Lolita Miller, Page 3 of 7
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 USR15-0025 (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 the approved Colorado Department of Transportation (CDOT) access(es)on
the map and label with the approved access permit number if applicable.
(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)
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)
USR15-0025 Lolita Miller, Page 4 of 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lolita Miller
USR15-0025
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0025, 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. 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. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
6. 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)
7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the existing private water supply. (Department of Public Health and Environment)
8. 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)
9. 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)
10. 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)
11. 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.
12. 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.
USR15-0025 Lolita Miller, Page 5 of 7
13. 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.
14. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
15. 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
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.
USR15-0025 Lolita Miller, Page 6 of 7
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p - i FAX: (970) 304-6498
r �
April 24, 2015
MILLER JAMES
33323 HWY 52
KEENESBURG, CO 80643
Subject: USR15-0025 - A SITE SPECIFC DEVELOPMENT PLAN AND SPECIAL USE PERMIT FOR
ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A IN THE A(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
PART E2SW4 SECTION 3, Ti N, R63W LOT A REC EXEMPT RE-958 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 2, 2015, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 17, 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.weldcou ntyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
asjn:lam the author of thisdocument
Date:2015.04.2410:30:52-06'00'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
! PHONE: (970)353-6100, Ext. 3549
X ? FAX: (970)304-6498
April 13, 2015
MILLER JAMES
33323 HWY 52
KEENESBURG, CO 80643
Subject: USR15-0025 - A SITE SPECIFC DEVELOPMENT PLAN AND SPECIAL USE PERMIT FOR
ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A
On parcel(s)of land described as:
PART E2SW4 SECTION 3, -11 N, R63W LOT A REC EXEMPT RE-958 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.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signedbythorofthisdem
"�y',••,( J Fuson:lam the authorofthisdocument
Date:2015.04.1307:39-45-06'00'
Kim Ogle
Planner
FIELD CHECK -- USR15-0025 Inspection Date: May 19, 2015
Applicant: Lolita Miller do James E. Miller, 33323 State Highway 52, Keenesburg, CO 80643
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 RE-958, being part E2SW4 of Section 3, Ti N, R63W of the 6th P.M., Weld
Description: County, CO
Location: North of and adjacent to State Highway 52, approximately 1500 feet east of County
Road 67
Zoning Land Use
N AGRICULTURE N IRRIGATED AGRICULTURE LAND
E AGRICULTURE E IRRIGATED AGRICULTURE LAND
S AGRICULTURE S RE-3J OBSOLETE SCHOOL BUILDING, BUS
PARKING AND PROSPECT COMMUNITY CHURCH
W AGRICULTURE W IRRIGATED AGRICULTURE LAND, RESIDENCE
Comments:
The subject property has multiple structures on site including two residences, an office for a hay
brokerage business and several outbuildings. The property is defined as lands south of the
irrigation ditch and north of State Highway 52. Adjacent to the west is a single family residence
on a small acreage, to the north and east are irrigated agricultural fields, and to the south is the
Weld School District RE-3J bus barn and district buildings and the Prospect Community Church.
State Highway 52 is adjacent to the south, posted speed at this location is 45 miles per hour.
o House(s) o Outbuilding(s)
o Access to Property o Site Distance
Note any commercial business/commercial vehicles that are operating from the site.
ZPHO11-0007 fora hay brokerage business is present on site
ATTENDANCE RECORD
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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