HomeMy WebLinkAbout20221303.tiffRESOLUTION USR22-001
VALENTIN GASCA-LOPEZ
PAGE 2
The adjacent unincorporated lands are zoned A (Agricultural). The surrounding land uses consist of
farmland, rural and subdivision residences, sporadic businesses, industrial operations, utility corridors
and on -going oil and gas activity. There are approximately thirty (30) other USR permits for a variety
of uses within one (1) mile of the subject property.
Weld County Department of Planning Services staff sent notice to seven (7) surrounding property
owners within 500 feet of the proposed USR boundary. No written correspondence or telephone calls
were received.
Due to the rural and eclectic character of the area, this low -impact USR appears to be compatible
with the area.
D. Section 23-2-220.A.4 -- That the uses which would 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 this Code or master plans of affected municipalities.
This site is located within the Fort Lupton Coordinated Planning Agreement (CPA) boundary. The
City did not provide a signed Notice of Inquiry form within the twenty-one (21) day timeframe as
detailed in Section 19-12-50.A of the Weld County Code. Therefore, the NOI form was not required in
order to process this USR application.
The site is located within the three (3) mile municipal referral radius of City of Fort Lupton. The City
submitted a referral, dated January 3, 2022, stated no concerns. Informational comments were
provided regarding existing and future right-of-way considerations per the City of Fort Lupton
Transportation Plan.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by maps
officially adopted by the county.
The property is not located within a Special Flood Hazard Area, Greeley -Weld County Airport Overlay
District, Geologic Hazard Overlay District Historic Townsite Overlay District or Municipal Separate
Storm Sewer System (MS4) area. No ditches or railroads are on or adjacent to this property.
Building Permits issued on the lot 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 parcel is primarily designated as "Farmland of statewide importance" with low -slope (1-3%),
loamy sand soils. The property is not farmed or irrigated. The use of the property for cargo containers
has no relationship to the soil quality.
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.
Those agency referral responses, which contained comments, provide additional advisory information
and conditions regarding designing and operating the site to protect with the interests of the County,
public and other governmental agencies.
RESOLUTION USR22-001
VALENTIN GASCA-LOPEZ
PAGE 3
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:
1. Prior to recording the map:
A. The applicant shall submit the required building permits for cargo containers. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall acknowledge the comments of Weld County Zoning Compliance, as stated in the
mineral notice response dated January 3, 2022. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall acknowledge the advisory comments of Fort Lupton Fire Protection District, as
stated in the mineral notice response dated January 3, 2022. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall acknowledge the advisory comments of Xcel Energy, as stated in the mineral
notice response dated January 31, 2022. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0001. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) Show and label any existing and proposed structures including the location of the proposed
cargo containers and any other site improvements and surfaces. (Department of Planning
Services)
5) Show and label any landscaping, fencing and gating. (Department of Planning Services)
6) Show and label the setback radiuses for existing oil and gas tank batteries, wellheads, and
encumbrances, if applicable. Setback requirements are located in Section 23-3-70.E. of the
Weld County Code. (Department of Planning Services)
7) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
8) Show and label the recommended future rights -of -way per the City of Fort Lupton referral,
dated January 3, 2022. (Department of Planning Services)
9) County Road 18 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County.
10) Show and label the approved access location, approved access width and the appropriate
turning radii on the site plan. The applicant must obtain an access permit in the approved
RESOLUTION USR22-001
VALENTIN GASCA-LOPEZ
PAGE 4
locations prior to construction receiving the building permit. (Department of Planning Services —
Development Review)
11) Show and label the drainage flow arrows. (Department of Planning Services — Development
Review)
12) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Planning Services — 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 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 be added for each additional
three (3) month period. (Department of Planning Services)
4. The Use by Special Review 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 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)
RESOLUTION USR22-001
VALENTIN GASCA-LOPEZ
PAGE 5
Motion seconded by Tom Cope.
VOTE:
For Passage Against Passage
Tom Cope
Elijah Hatch
Skip Holland
Butch White
Michael Wailes
Absent
Lonnie Ford
Sam Gluck
Pamela Edens
Michael Palizzi
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, Kristine Ranslem, 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, Colorado, adopted on May 3, 2022.
Dated the 3rd of May, 2022
43N,6661 -1L- YqatzLipt.,
Kristine Ranslem
Secretary
RESOLUTION USR22-001
VALENTIN GASCA-LOPEZ
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gasca-Lopez
USR22-0001
1. A Site -Specific Development Plan and Use by Special Review Permit, USR22-0001 for more than two
(2) cargo containers, up to six (6) cargo containers, 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. Any On -site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public
Health and Environment)
4. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
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. (Department of Planning Services —
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. (Department of Planning Services — Development Review)
7. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plat. (Department of
Planning Services — Development Review)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services — Development Review)
9. Building permits shall be required for any new construction or setup of a manufactured structure
(buildings and/or structures) per Section 29-3-10 of the Weld County Code. A building permit
application must be completed and submitted. Buildings and structures shall conform to the
requirements of Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application. Currently, the following have been adopted by Weld County: 2018 International Building
Codes; 2018 International Energy Code; 2020 National Electrical Code. (Department of Building
Inspection)
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.
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.
RESOLUTION USR22-001
VALENTIN GASCA-LOPEZ
PAGE 7
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
Commissioners 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."
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
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the 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."
15. In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final and the Use by Special Review Permit is vacated."
16. 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.
17. 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 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
RESOLUTION USR22-001
VALENTIN GASCA-LOPEZ
PAGE 8
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.
Knstme Ranslem
Secretary
Yes. Butch White, Elijah Hatch, Michael Wailes, Skip Holland, Tom Cope
Meeting adjourned at 3 32 pm
Respectfully submitted,
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