HomeMy WebLinkAbout20230057.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONE
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION
USR22-0029
JULIE WALKER
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP TO
11%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT 1, BLOCK 3 OF CASAGRANDE ESTATES; BEING PART OF SECTION 17,
T2N, R67W OF THE 6TH P.M.; WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO DEL COMMUNDO LANE: EAST OF AND
ADJACENT TO SIERRA VISTA ROAD.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 22-2-30.C.2 states: "Establish residential development options based on compatibility,
proximity to municipalities, and availability of services that reflect the desired density and characterof
that location."
The buildings will not have a negative impact on the character of the surrounding area. The property is
located in an existing subdivision, Casa Grande Estates, and are comprised of residential lots that are
platted at 0.94 acres up to 2.32 acres in area with the average lot size being 1.16 acres in area. All
structures will meet offsets and setbacks from adjacent property lines and roads rights -of -way and
will not adversely impact the surrounding area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
The proposed building coverage exceedance is permittable under Section 23-3-60.B of the Weld
County Code by a Use by Special Review.
Agriculture in the County is considered a valuable resource which must be protected from adverse
impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The
A (Agricultural) Zone District is established to maintain and promote agriculture as an essential
feature of the county. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for areas for
natural resource extraction and energy development, without the interference of other, incompatible
land uses.
The request meets the intent because the request will not impact existing agricultural uses.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposal is located within an existing A (Agricultural) zoned subdivision and is adjacent to
other residential lots with similar uses. The proposal will not change the character of the
neighborhood and is in an area that can support this development. Many lots in this subdivision
have similar oversized buildings. The Department of Planning Services sent notice to twenty-seven
(27) surrounding property owners. No responses were received. The Development Standards and
RESOLUTION USR22-0029
JULIE WALKER
PAGE 2
Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region The uses proposed under this
USR are consistent with and compatible with other uses' in the subdivision (single-family
' residences with garages and outbuildings) The USR is in an existing developed subdivision (Casa
Grande Estates) that has existing residences and outbuildings
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
J
The property is in an existing residential subdivision (Casa Grande Estates) and the proposed
building additions are consistent with the uses of other properties in the area
The site is located within the three (3) mile referral for the Towns of Firestone and Frederick and the
coordinated planning agreement area (CPA) of the City of Fort Lupton and Town of Firestone The city
did not return a signed Notice of Inquiry response and the Town of Firestone returned the Notice of
Inquiry form dated October 5, 2022 indicating that the city is not interested in annexing this property
The Towns of Firestone and Frederick returned referrals dated October 25 and October 26, 2022
respectively indicating no concerns -
i
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property, is located within the MS4 - Municipal Separate'Storm Sewer Systems overlay area
Weld County currently holds a federally mandated Municipal Separate Storm Sewer System (MS4)
Permit issued by the Colorado Department of Public Health and Environment (CDPHE) for all
unincorporated urban areas within the County_Ar required by the permit, a Stormwater Management
Program was developed with a goal of reducing the amount stormwater pollution entering local
creeks, streams and rivers from these urbanized areas Urbanized areas are determined by US
Census data, which is updated every 10 years
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, or a Special Flood Hazard Area Building Permits issued on the property will
be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, 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' property is an existing subdivision lot,- is only 0 95 acres in size, is covered by existing
improvements and is not in agricultural production
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 proposal has been reviewed by the appropriate referral agencies and it has been determined'
that the attached conditions of approval and development standards ensure that there are adequate
provisions forsthe protection of the health, safety and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the approval of this
request /
J
RESOLUTION USR22-0029
JULIE WALKER
PAGE 3
I
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 Planning Commission recommendation for approval is conditional upon the following
i
Prior to recording the map
A The map shall be amended to delineate the following
_ 1 All sheets of the map shall be labeled USR22-0023 (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 Both Del Comundo Lane and Sierra Vista Road are paved roads and aredesignated on the Weld
County Functional Classification Map (Code Ordinance 2017-01) as local roads, which require 60
feet of nght-of-way at full buildout The applicant shall,delineate and label on the map the future
and existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the roads If the existing rights -of -way cannot be verified they shall be
dedicated Pursuant to the definition of setback in -the Weld County Code Sec 23-1-90, the
required setback is measured from the future right-of-way hrfe These roads are maintained by
Weld County (Development Review)
5 Show and label the existing access location on Sierra Vista Road and jhe proposed access onto
Del Comundo Lane Show and label the existing access onto Del Comundo Lane as "close and
reclaim " (Development Review)
6 Show and label drainage flow arrows (Development Review)
2 Upon completion of Condition of Approval (#1 above, the applicant shall submit 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 recordedln 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 Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00
recording continuance fee shall be added for each additional 3 -month period (Department of
Planning Services) , - _
4 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
,and the map is recorded 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)
RESOLUTION USR22 -0029
JULIE WALKER
PAGE 4
Motion seconded by Shana Morgan
VOTE
For Passage
Elijah Hatch
Sam Gluck
_ Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage Absent
Skip Holland
Butch White
Pamela Edens
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the,Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
J Colorado, adopted on December 6, 2022
,Dated the 6. day of December, 2022
MU -
Michelle Wall
Secretary
RESOLUTION USR22-0029
JULIE WALKER
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Julie Walker
USR22-0029 )
1 Site Specific„Development Plan and Use by SpeciakReview Permit to exceed the maximum allowed
building coverage (up to 12%) in a subdivision 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 The building coverage shall not exceed eleven percent (12%) of the platted lot (Department of Planning
Services)
4 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
5 The property,owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code (Development Review)
6 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
7 This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit
(Development Review) _
8 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
9 All structures must meet the required setbacks from the existing On -site Wastewater Treatment System
in compliance with provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems (Department of Public Health and Environment)
10 The property owner or operator shall be 'responsible for complying with the Design and Operation
Standards'of Chapter 23 of the Weld County Code (Department of Planning Services)
11 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 (Department of Planning Services)
12 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 (Department of Planning Services)
13 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Corrnmissioners when issuing the original Permit, or`the Permit shall be vacated The Director of Planning
- Services may grant an extension of time, for good cause shown, upon a written request by the landowner
(Department of Planning Services)
14 A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
RESOLUTION USR22-0029
JULIE WALKER
PAGE 6 ,
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated When eitherthe Department of Planning Services is notified by the landowner, or when
the Department of Planning Services observes that the use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit (Department of Planning Services)
15 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
16 WELD COUNTY'S RIGHT TO FARM STATEMENT 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 maybe 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 5-10\2, 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 fourthousand (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 it 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 ,
RESOLUTION USR22-0029 _
JULIE WALKER
PAGE 7
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, notonlyfortheirsafety, but
also for the protection of the farmer's livelihood
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 6, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch. at 12:31 pm.
Roll Call.
Present: Elijah Hatch, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Skip Holland, Butch White, Pamela Edens.
Also Present: Kim Ogle, Diana Aungst, Michael Hall. Maxwell Nader, and Jim Flesher, Department of
Planning Services; Lauren Light. Department of Environmental Health; Karin McDougal, County Attorney,
and Michelle Wall, Secretary.
Motion: Approve the November 1, 2022, Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR22-0029
JULIE WALKER
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP
TO 11%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT 1, BLOCK 3 OF CASAGRANDE ESTATES; BEING PART OF SECTION 17.
T2N, R67W OF THE 6TH P.M.. WELD COUNTY. COLORADO.
SOUTH OF AND ADJACENT TO DEL COMMUNDO LANE: EAST OF AND
ADJACENT TO SIERRA VISTA ROAD.
Kim Ogle, Planning Services, presented Case USR22-0029. reading the recommendation and comments
into the record. Staff sent notice to 27 surrounding property owners within 500 feet of the proposed site.
No responses were received. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements: on -site
dust control, and the Waste Handling Plan.
Commissioner Wades asked staff if there is a current violation on the property. Staff responded that there
was not. Mr. Ogle explained that the applicant is requesting to construct a building that will exceed lot
coverage by 300 square feet.
Julie Walker,9712 Sierra Vista Road, Longmont, Colorado. Ms. Walker stated that they would like to build
a barn that will be used for storage.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR22-0029 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Michael Wailes, Seconded by Shana Morgan.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch. Michael Palizzi. Michael Wailes, Sam Gluck. Shana Morgan.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 3 06 pm
Respectfully submitted,
Michelle Wall
Secretary
PLANNING COMMISSION ATTENDANCE RECORD
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