Boulder County approves Lopez farm's agricultural-worker ADU with conditions

Boulder County commissioners on Jan. 14 conditionally approved a limited-impact review (docket LU-24-0015) to allow an agricultural-worker accessory dwelling unit (ADU) on the Lopez family farm at 10790 North 49th Street, subject to conditions in staff's recommendation.

County planning staff presented the application and recommended conditional approval with several conditions: limit the dwelling to 1,800 square feet per county code, remove the proposed loop drive to reduce earthwork on agricultural lands of statewide importance, require erosion-control and revegetation plans at permitting, require a simple lighting specification at building permit if exterior lighting is proposed, and require annual occupancy reports.

Why the board approved it

Staff found the parcel's size and the scope of farm operations met the code provision for an agricultural-worker ADU (code provision cited in packet as 4516 H6). The Lopez property is operated as a roughly 120-acre agricultural operation (two parcels tied by a conservation easement) and includes hay fields, orchards and restoration work in riparian areas. Staff concluded the proposed location avoided wetlands, riparian buffers and natural-area buffers and would not fragment productive agricultural land if the loop drive and other earthwork were scaled back.

Applicant testimony and public comment

Applicant Kristen Lopez said the farm was purchased by her husband, Tom Lopez, in 1975 and has been managed as a single agricultural operation. She described the farm's production history and the role of a long-term worker, Ray Jimenez, who has assisted with daily operations and ecological restoration. Lopez said the ADU is intended to provide long-term, on-site housing for the worker and his family. "We are now in our 6th year ' of working seasons with Ray, and our goal is to have him and his family live on the farm with the expectation that this is a long-term commitment," she said.

University of Colorado-affiliated commenter Tim C. Stett (professor emeritus) spoke remotely in support of the application and described youth restoration projects and wetland restoration on the property, saying that the farm's restoration work "is an ecological offset of sorts" that complements the housing request.

Deliberation and conditions

Commissioners asked planning staff for clarifications about emergency vehicle turnaround requirements, lighting and clustering on the parcel. Staff said removing the proposed loop drive would reduce earthwork and that turnarounds could be achieved with a hammerhead or truncated T configuration that meets Access and Engineering requirements. Staff confirmed the two parcels are tied together through the conservation easement and that the parcel to the north cannot have separate residents.

The board's conditional approval includes the principal conditions recommended by staff:

- Limit the accessory dwelling to 1,800 square feet of residential floor area; the 125-square-foot porch and a proposed carport would be allowed per staff analysis. - Remove the proposed loop drive from approved plans and instead provide an emergency turnaround acceptable to Access and Engineering (e.g., hammerhead or truncated T) to reduce site disturbance. - Submit drainage, revegetation and erosion-control details at building permit to avoid directing runoff to the nearby irrigation lateral. - If exterior lighting is proposed, identify fixture types and locations at building permit; staff does not require a full photometric plan. - Annual occupancy and use reports as required by the limited-impact review.

The motion to conditionally approve LU-24-0015 carried on a recorded voice vote of the commissioners present; the public record reflects affirmative votes recorded as "Aye." The motion was made on the record and seconded before the voice vote; roll-call tallies in the audio record indicate the motion passed.

What was left open

Staff will verify building-permit submittals meet the conditions listed above, including the revised access configuration and erosion controls, before issuing permits. Annual reports are required under the limited-impact review. The applicant agreed to work with staff on plan adjustments.

Ending

With the ADU approval, the Lopez family may proceed to building-permit submittal consistent with the board's conditions. The county planner noted that removal of the loop drive will reduce earthwork on land designated as agricultural lands of statewide importance and that the conservation-easement restrictions will continue to govern parcel use.