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Home My WebLink About20221756.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Angela Snyder Hearing Date: June 2, 2022 Case Number: USR22-0005 Applicant: Juan Garcia Request: A Site Specific Development Plan and Use by Special Review to exceed the maximum allowed building coverage in the A (Agricultural) Zone District Address: 16417 Coleman Ave, Fort Lupton, CO 80621 Legal Lot 6, Block 7, Aristocrat Ranchettes, 3rd Filing, being a part of Section 26, Township Description: 2N, Range 66 West of the 61h P.M., Weld County, Colorado Location: North of and adjacent to Coleman Avenue, approximately 480 -feet west of Grant Street Size of Parcel: ± 1.09 acres Parcel No. 1309-26-3-12-006 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: Fort Lupton Fire Protection District, referral dated March 22, 2022 Weld County Department of Public Health and Environment, referral dated March 18, 2022 Weld County Department of Planning Services — Development Review, referral dated March 21, 2022 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Weld County School District RE -8, referral dated March 17, 2022 The Department of Planning Services staff has not received responses from the following agencies: Y Weld County Sheriff's Office Y Weld County Zoning Compliance Y Weld County Department of Building Inspection Case Summary: The request is to keep existing accessory structures built without permits, that, when coupled with existing buildings, exceed the allowable building coverage (10%) of the 1.09 -acre parcel. The building coverage currently comprises 12% of the subject property. The applicant has applied for one, two, three? building permits which are on hold. This applicant is also requesting the ability to add a greenhouse of no more than 1200 square feet, which would bring the building coverage to 14.5%. The Use by Special Review permit would limit the building coverage to 15%. On January 2, 2022, the Board of Adjustment denied variance request, BOA21-0010, to encroach into the offset, so the portion of the main accessory structure within the offset will need to be removed or the entire structure will need to be moved to be located within the offset. USR22-0005 — Garcia Page 1 Section 23-3-70.C states, "Minimum offset: three (3) feet, or one (1) foot for each three (3) feet of building height, whichever is greater." 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 22-2-30.C.2 states: "Establish residential development options based on compatibility, proximity to municipalities, and availability of services that reflect the desired density and character of 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, Aristocrat Ranchettes, and is comprised of residential lots roughly 1 (one) acre in size. One of the buildings requires modification, as an addition on the side encroaches into the offset. Once this building is modified to remove the side addition, 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. 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 and is in a residential area. The proposed building coverage exceedance is permittable under Section 23-3-60.B of the Weld County Code by a Use by Special Review. 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 in the Aristocrat Ranchettes subdivision. Many lots in this subdivision have applied for and been approved for similarly oversized buildings. The applicant submitted letters of support from five (5) surrounding property owners with the application. The Department of Planning Services sent notice to thirty-nine (39) surrounding property owners. No responses were received. The Development Standards and 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. 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 and coordinated planning agreement area (CPA) of the City of Fort Lupton. The city did not return a referral response or respond to the Notice of Inquiry (NOI). USR22-0005 — Garcia Page 2 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 not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. 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 building is not located on irrigated land nor is it being used for agriculture. 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. The applicant shall acknowledge the advisory comments of the Fort Lupton Fire Protection District, as stated in the March 22, 2022, referral response. (Department of Planning Services) 2. All buildings shall meet setback and offset requirements in Section 23-3-70 of the Weld County Code. (Department of Planning Services) 3. Prior to recording the map: A. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR22-0005 (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. Coleman Avenue is a paved, local road with 60 feet of right-of-way that has been publicly dedicated to Weld County. The applicant shall delineate and label on the site ma the 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 not maintained by Weld County. (Development Review) 5. Show and label the "preliminarily approved" existing access location. The applicant must obtain an access permit in this location. (Development Review) 6. Show and label the drainage flow arrows. (Development Review) 7. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) USR22-0005 — Garcia Page 3 4. 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) 5. 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) 6. 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) USR22-0005 — Garcia Page 4 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Juan Garcia USR22-0005 1. A Site Specific Development Plan and Use by Special Review to exceed the maximum allowed building coverage in the A (Agricultural) Zone District, USR22-0005, 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 fifteen percent (15%). 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. Prior to the release of building permits, the applicant shall be required to submit a complete access application for the existing access location as shown on this plan. (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 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. USR22-0005 — Garcia Page 5 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. 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 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 USR22-0005 — Garcia Page 6 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. USR22-0005 — Garcia Page 7 May 3, 2022 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 Juan Antonio Garcia Ramirez 16417 Coleman Ave Fort Lupton, CO 80621 Subject: USR22-0005 - A Site Specific Development Plan and Use by Special Review to exceed the maximum allowed building coverage in the A (Agricultural) Zone District in the Aristocrat Ranchettes subdivision. On parcel(s) of land described as: LOT 6 BLOCK 75 ARISTOCRAT RANCHETTES 3RD FILING of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on June 07, 2022 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 29, 2022 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must 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 https://accela- aca.co.weld.co.us/CitizenAccess Respect/fuel /ly, (/ tAngela Snyder Planner Hello