HomeMy WebLinkAbout20141203.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: March 18, 2014
Case Number: USR13-0068
Applicant: Gerald Calvin and Karen Herman-Calvin
Address: 13595 County Road 22, Fort Lupton, CO 80621
Request: A Site Specific Development Plan and Use By Special Review Permit for One (1) Single
Dwelling Unit per Lot other than those permitted under Section 23-3-20 A(two dwelling units
on a single parcel) in the A(Agricultural)Zone District.
Legal Parcel A and Parcel B of Subdivision Exemption SE-475; Encompassing the W2SE4 of
Description: Section 8, T2N, R66W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 22 and approximately 1/2 mile east of State Highway
85.
Size of Parcel: +/- 80 acres (Still Parcel No. 130908400028 & 13090840029
considered one deeded
parcel)
The criteria for review of this Special Review Permit are 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 Department of Public Works, referral dated January 8, 2014
Weld County Department of Public Health and Environment, referral dated January 31, 2014
➢ Town of Fort Lupton, referral received January 10, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated January 6, 2014
Colorado Division of Parks and Wildlife, referral dated January 6, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Colorado Division of Water Resources
➢ Weld County Sheriff's Office
➢ Platteville-Gilcrest Fire Protection District
➢ RE-8 School District
➢ Weld County Department of Building Inspection
Calvin-USR13-0068 Page 1
I r SPECIAL REVIEW PERMIT
I' ADMINISTRATIVE REVIEW
r N-v� s
Planner: C. Gathman Hearing Date: March 18, 2014
Case Number: USR13-0068
Applicant: Gerald Calvin and Karen Herman-Calvin
Address: 13595 County Road 22, Fort Lupton CO 80621
Request: A Site Specific Development Plan and Use By Special Review Permit for One (1) Single Dwelling
Unit per Lot other than those permitted under Section 23-3-20 A(two dwelling units on a single
parcel) in the A(Agricultural)Zone District.
Legal Parcel A and Parcel B of Subdivision Exemption SE-475; Encompassing the W2SE4 of Section 8,
Description: T2N, R66W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 22 and approximately 1/2 mile east of State
Highway 85.
Size of Parcel: +/- 80 acres (Still Parcel No. 130908400028 & 13090840029
considered one deeded
parcel)
Case Summary:
The applicant is proposing a Use by Special Review Permit to allow two residences on a single parcel.
This application is to address an existing zoning violation. Violation #ZCV13-00145 was initiated for
having a 2nd dwelling on a property without proper zoning permits. The second home is lived in by a
family (not related to the property owner)whose husband performs occasional maintenance on the
property. The well on site was re-permitted (permit#292997)to allow it to be used for up to three (3)
residences. Though the legal description indicates Parcel A and Parcel B of Subdivision Exemption SE-
475, this property is still recognized as one parcel. Subdivision Exemption SE-475 is a Subdivision
Exemption for financing purposes which identifies an area that is encumbered by a mortgage on the
property. It does not create a new lot and/or building site.
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 A.Goal 1 of the Weld County Code states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations for purposes which
enhance the economic health and sustainability of agriculture."The property is utilized for
Calvin-USR13-0068 Page 2
grazing and growing alfalfa. The application indicates that the occupants of the second
dwelling on the site will help out with the maintenance of the property.
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. allows One (1) Single-Family dwelling unit
per lot other than those permitted under Section 23-3-20 A of the Weld County Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. Single family residences are located east of and adjacent
to the southwest of the property. There is an existing truck parking and maintenance
facility (MUSR11-0002) located south of the property. No changes to the physical layout
of this site will result if this USR is approved.
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 area of the City of Fort Lupton. The
City of Fort Lupton in their referral comments, dated January 10, 2014 indicated that the
site is located within their future comprehensive plan boundary and would like the
opportunity to discuss annexation with the applicant.
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 site is delineated as "Prime" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The two residences are existing and no
change to the site will occur if this Use by Special Review Permit is approved.
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:
Calvin-USR13-0068 Page 3
A. The applicant shall attempt to address the requirements (concerns) of the City of Fort
Lupton as stated in their referral response dated January 10, 2014. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services. (City of Fort
Lupton)
B. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0068 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. Indicate the existing septic system G19939131 for the older farmhouse on the site
plan. (Department of Public Health and Environment)
5. County Road 22 is designated on the Weld County Road Classification Plan as an
Arterial road, which requires 140 feet of right-of-way at full buildout. A total of 70-feet
from the centerline of County Road 22 shall be delineated as Edge of Future Right-
of-Way on the plat. The applicant shall verify and delineate on the plat 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 Public Works)
6. Show the approved access(es) on the plat and label with the approved access permit
number (AP13-00437). (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper
copies 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)
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 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)
Calvin-USR13-0068 Page 4
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gerald Calvin and Karen Herman-Calvin
USR13-0068
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0068, for One (1)
Single Dwelling Unit per Lot other than those permitted under Section 23-3-20 A (two dwelling units
on a single parcel) 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
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. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (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 Residential Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (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 Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
9. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
10. 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 Public Works)
11. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
12. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
Calvin-USR13-0068 Page 5
13. 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.
14. 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.
15. 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.
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.
Calvin-USR13-0068 Page 6
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.
Calvin-USR13-0068 Page 7
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
p - i FAX: (970)304-6498
February 25, 2014
HERMAN-CALVIN KAREN
PO BOX 429
FORT LUPTON, CO 80621
Subject: USR13-0068 - A Site Specific Development Plan and Use By Special Review Permit for One
(1) Single Dwelling Unit per Lot other than those permitted under Section 23-3-20 A (two dwelling units
on a single parcel) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT W2SE4 SECTION 8, T2N, R66W PARCEL B SUB EXEMPT SE-475 of the 6th P.M., Weld County,
Colorado.
PT W2SE4 SECTION 8, T2N, R66W PARCEL A SUB EXEMPT SE-475 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 18, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 16, 2014 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,
dem
�k1 - Digitally signed by uthisroe fthi thisdocument
I am the author of thisdocument
Date:2014.02.2510:44:02-07'00'
Chris Gathman
Planner
h N DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
� E-MAIL: cgathman@co.weld.co.us
iri_ �j, PHONE: (970)353-6100, Ext. 3537
X ? FAX: (970)304-6498
/
January 02, 2014
HERMAN-CALVIN KAREN
PO BOX 429
FORT LUPTON, CO 80621
Subject: USR13-0068 - A Site Specific Development Plan and Use By Special Review Permit for One
(1) Single Dwelling Unit per Lot other than those permitted under Section 23-3-20 A (two dwelling units
on a single parcel) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT W2SE4 SECTION 8, T2N, R66W PARCEL B SUB EXEMPT SE-475 of the 6th P.M., Weld County,
Colorado.
PT W2SE4 SECTION 8, T2N, R66W PARCEL A SUB EXEMPT SE-475 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:
Fort Lupton at Phone Number 303-857-6694
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
Feason:I am the author of this document
�1.4./41 Date:2014.01.0213:14:44-07'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 3/8/2014
APPLICANT: Gerald Calvin and Karen Herman-Calvin
CASE #: USR13-0068
REQUEST: A Site Specific Development Plan and Use By Special Review Permit for One (1) Single
Dwelling Unit per Lot other than those permitted under Section 23-3-20 A(two dwelling units
on a single parcel) in the A(Agricultural)Zone District.
LEGAL: Parcel A and Parcel B of Subdivision Exemption SE-475; Encompassing the W2SE4 of
Section 8, T2N, R66W of the 6th P.M., Weld County, CO
LOCATION: North of and adjacent to County Road 22 and approximately 1/2 mile east of State
Highway 85.
PARCEL ID #s: 130908400028 & 13090840029
ACRES: +/- 80 acres (still considered on deeded parcel)
Zoning Land Use
N A N Cropland
E A E SF Residence
S A S MUSR11-0002—Truck Parking and Maintenance
Facility
W A W SF Residence
COMMENTS:
Two existing residences and outbuildings on the property.
Chris Gathman - Planner Ill
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