Ask Planning and Zoning page 6

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Q What is the difference between the "Final Plat" and the ODP (Official Development Plan).  Are either of these (or both) available to the public for a particular subdivision?  What is the procedure for obtaining a copy of the Final Platt and the ODP?

A A Final Plat references the final document prepared as part of the subdivision of land.  The Final Plat essentially is a survey of a parcel or parcels of ground showing how it will be subdivided into new lots that can eventually be built on and further developed.  The Final Plat contains signatures by approval authorities, the property owner and any other parties such as Deed of Trust.  The document also contains specific plat restrictions applicable to the development of the land as part of the subdivision process. 

An Official Development Plan (ODP) corresponds with a zone district designation of Planned Development (PD).  The ODP specifies the land use standards and development that can occur on a particular piece of ground.  Many PD zone districts exists in unincorporated Jefferson County, each having their own separate ODP.  The ODP has similar standards and appearances as a straight zone district, including a list of permitted uses, setbacks from property lines, building height, fence limitations and so forth.  The ODP may also spell out specific provisions to the site including architectural standards, landscaping, signs, parking standards and so forth.

Recently, the county began scanning approved final plat documents and ODP documents.  These documents eventually reside in the Recorder's Office, once approved by the Board of County Commissioners.  You may view these documents here. Or you can contact the Recorder's Office directly at 303-271-8121.  Finally, the Planning & Zoning Office has copies of all Final Plats and ODPs for unincorporated Jefferson County.  You may visit our office to review or seek a copy of these documents.

Q Are there rules that govern construction start and stop times and days of the week?  How can I obtain a copy of these kind of rules?

A Many people contact Planning & Zoning to complain about construction noise and start and stop times.  Planning & Zoning cannot enforce the noise from construction sites nor the start and stop times for construction activities. However, the Sheriff's Office does have the authority to cite properties for noise violations as established in the Colorado Revised Statutes and as authorized under County Policies & Procedures. 

Specific to your concern, State Statutes do define noise limitations and the period of activity for when certain types of noise can occur: Noise generated from the proposed development shall not exceed the dBA levels set forth in 25-12-103, C.R.S. or as may be amended from time to time. The dBA levels are depicted in the dBA Table:

When reading the table, generally noise levels are limited to 7am to 7pm.  Each number corresponds to a maximum dba level allowed under a particular land use activity. If you believe that the construction activity may be exceeding the noise levels, please contact the Sheriff's Office and they will investigate the matter further to determine if any actions need to be taken to abate the situation.

Q I am looking at buying a property in Evergreen that I can run events out of such as weddings, corporate parties, etc.  If I buy a property that is already zoned Planned Development, would it be ok to do this or would we need to get additional approval?

A You would most likely need to get additional approval.  A Planned Development (PD) zone district has very specific standards and permitted uses based on specific properties designated PD.  We always recommend that you come into our office and speak with us directly.  We can then chart out what steps you need to take and if the applicable community plan for the area will support the proposed use(s) or activity you want to occur on your property.

Q How large must a lot be to allow a 1500 sq.ft. accessory building if the main residence is 2500-3000 sq. ft. and what must the zoning for that lot be?

A The best way to answer your question will be on the standards set forth in Section 5 of the Zoning Resolution.  Section 5 specifies accessory uses and limitations.  Since I do not know the zoning on your property, I would also ask you to indicate what your zoning is on your property, so we can also determine if accessory uses (an accessory building) can be allowed.

Having said that, the accessory building cannot exceed the square footage of the primary use in all residential zone districts (residence) to which they are subordinate (excluding barns).  If the residential zone district permits an accessory building and it will be 1500 square feet, while the residence is at least 2500-3000 square feet, as identified in your scenario, then it will be allowed.  The actual size of the building will be limited based on setbacks, as established in the underlying zone district.

Q I live in unincorporated Jefferson County.  I believe we are zoned A-2.  We are researching the feasibility of building/starting a dog kennel and boarding business.  Probably 10 dogs or less to start with.  I'm inquiring to see if a dog kennel/boarding business would be considerd "agricultural" and allow us to keep our agricultural zoning.

A The A-2 zone district does allow for dog kenneling as a Special Use.  A Special Use within an applicable zone district, means that the use can occur, provided it receives review from the Planning Commission and Board of County Commissioners.  The Board will make the final decision on the matter.  As part of the evaluation, we look at a variety of issues including:

• Traffic impacts, volumes of trips, safety and access;
  
• Fire hazards;
• Visual and aesthetic impact, including bulk, scale of buildings as they relate to the surrounding uses;
• Solar access;
• Noise;
• Geological hazards;
• Drainage, erosion and flood hazards;
• Radiation hazards;
• Community character;
• Adequate water quality and quantity and sewage disposal availability;
• Availability of public facilities to serve the proposed use;
• The availability of methods of mitigating the negative impacts of the proposed use upon the surrounding area, including but not limited to construction of necessary public
  facilities;
• The compatibility of the proposed use with existing and allowable land uses in the
  surrounding area;
• The effect upon health, safety and welfare of the residents in the surrounding area.

You can find out more information about our Special Use process by taking a look at our Application Review Process Guides and the Zoning Resolution. I would also encourage you to come into our office and speak with us, so we may assist you directly and help answer any other questions you might have on this process.

Q I recently moved to Indian Hills, and brought 2 horses with me. I need to build a shelter for them before winter comes, and I'm still waiting on a permit.  Before I purchased my shed, I called Jefferson County and asked them what type of permit I'd need to build for my loafing shed.  The person I spoke with asked me how tall the building would be and I told him it was 10' tall in the front down to 8' in the back. He said if it was 10' or under, all I would need to get was a standard $35 permit, so I made sure I bought one that would be easy to permit and build. When I got to your offices, I submitted the drawing, got an initial OK, but then got shut down by your engineer. First he said it needed to be re-engineered because the posts bolted together instead of being notched. Then I needed to bring the hardware I was using to construct the shed up to the office for a visual inspection. Then he said I needed an engineer's stamp on the drawing. 

After a week, I received a stamped copy of the drawing from the builder. The building is made by a reputable Northern Colorado builder. I brought it back to your office only to be told I needed two original stamped copies. Why in the world do you people need two stamped copies? It will probably be at least another week before I can get that, and then, I guess, the permit process will start. 

I think my biggest mistake was trying to get a permit in the first place. The word around my community is that  most folks don't even bother with you and hope they don't get caught. I'm trying to do the right thing and I can't even put posts in the ground until I get an inspection, and who knows when that will be. Why the big headache?

A I find this upsetting and looked into this issue further. I agree with your initial assessment that a structure, 10' in height or less and not exceeding more than 200 s.f. in area should only need a Miscellaneous Zoning Permit. I find often times that we, as a staff need to do a better job in asking the right questions, before leading our citizens down a path that ends up costing you time and additional money. I believe we get it right most of the time, but we apparently did not in this situation. I apologize for that and want to assure you that we will address this with our staff.

It turns out that based on the dimensions of the loafing shed (13' x 36') you submitted, that it exceeds the maximum square footage limitation of 200 sq. ft. allowed to be permitted without obtaining a building permit. The International Building Code has some flexibility to allow certain structures, such as small sheds, playhouses and so forth to not necessitate full blown building permits.

We should have asked more questions when we spoke with you. I have asked my Zoning Administrator and our Permit Review Coordinator to discuss this with our staff and clarify how we can best assist our customers before they move forward on a project.  I have also asked the County's Chief Plans Examiner to speak with our Building Division staff about information and materials we ask for when we need them at the time of a building permit. Our Building Division and our Planning & Zoning Division pride themselves on providing good service.

I certainly do not want to see situations where people ignore working with us, construct a structure and face possible penalities and violations when reported to the County. You did the right thing by starting with the County. Please do not let this experience deter you from working with us in the future. I appreciate the opportunity to respond to you directly.

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Last Modified: Mar 28, 2009 10:17 PM