The URL can be used to link to this page

Browse Search

Home My WebLink About20221493.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0004, FOR BUILDINGS EXCEEDING THE MAXIMUM BUILDING COVERAGE IN SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - EDWARD AUDET WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of June, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Edward Audet, 16240 Casler Avenue, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0004, for Buildings exceeding the maximum building coverage in subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot 3, Block 77, Aristocrat Ranchettes, 3rd Filing; being part of Section 26, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall 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. The applicant has demonstrated that the request is in conformance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinances in effect. 1) 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 proposed building 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 approximately one (1) acre in size. The proposed building will meet offsets and setbacks from adjacent cc :p�(TP/MN/C61 CA (38), APPL, if /4i /22 2022-1493 PL2824 SPECIAL REVIEW PERMIT (USR22-0004) — EDWARD AUDET PAGE 2 property lines and roads rights -of -way and will not adversely impact the surrounding area. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Buildings exceeding the maximum building coverage are permittable under Section 23-3-60.B of the Weld County Code as a Use by Special Review Permit. 2) Section 23-3-10 — Intent, states:. "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 proposal meets the intent because the proposal will not change the use of the property and will not impact existing agricultural uses:." The proposal meets the intent because the proposal will not change the use of the property and will not impact existing agricultural uses,. C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The proposal is located within an existing agriculturally -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. The proposed Conditions of Approval and Development Standards will assist in mitigating the impacts of the facility on adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-2-230.B.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 area of the City of Fort Lupton and within the City of Fort Lupton — Weld County Coordinated Planning Agreement (CPA) Boundary. The City of Fort Lupton was notified via a Notice of Inquiry that the proposal was located within the CPA and indicated that they had no concerns, per an e-mail response, dated February 18, 2022. Additionally, the City of Fort Lupton, in their referral comments, dated February 23, 2022, indicated that they have no concerns. 2022-1493 PL2824 SPECIAL REVIEW PERMIT (USR22-0004) - EDWARD AUDET PAGE 3 E. Section 23-2-230.B.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, 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, County Facility Fee, and Drainage Impact Fee Programs. F Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposal is located on approximately 0.96 acres delineated as "Farmland of Statewide Importance", per the 2020 Natural Resource Conservation Service Soil Survey. The property is in an existing subdivision, is covered by an existing residence and outbuilding and is not in agricultural production. G. Section 23-2-230.B.7 — 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 the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Edward Audet, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0004, for Buildings exceeding the maximum building coverage in subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR22-0004. 2. The attached Development Standards. 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4. Casler Avenue is a privately -maintained roadway with platted right-of-way in the Aristocrat Ranchettes Subdivision. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map. All setbacks shall be measured from the edge of the right-of-way. This road is NOT maintained by Weld County. 2022-1493 PL2824 SPECIAL REVIEW PERMIT (USR22-0004) — EDWARD AUDET PAGE 4 5. Patrick Street is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right- of -way. This road is maintained by Weld County. 6. The applicant shall show and label the preliminarily 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 location prior to construction. 7. The applicant shall show and label the drainage flow arrows. 8. The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 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 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 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 three (3) month period. 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. 2022-1493 PL2824 SPECIAL REVIEW PERMIT (USR22-0004) — EDWARD AUDET PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dda.,4)Weld County Clerk to the Board Deputy Clerk to the APPED A County ttorney Date of signature: LeiZ3`ZeGZ- EXCUSED Scott K. James, Chair Mike Freeman, Pro-Tem EXCUSED erry L. Buck Lori Sain 2022-1493 PL2824 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS EDWARD AUDET USR22-0004 1. Site Specific Development Plan and Use by Special Review Permit, USR22-0004, is for Buildings exceeding the maximum building coverage in subdivisions in the A (Agricultural) Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 4. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 5. 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. 6. The historical flow patterns and runoff amounts on the site will be maintained. 7. All accessory structures must meet the required setbacks from the existing On -site Wastewater Treatment System (OWTS) in compliance with provisions of the Weld County Code, pertaining to OWTS. 8. Building Permits shall be required for any new construction or set up manufactured structure, 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 the various Codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2020 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Plan Review shall be approved, and a permit must be issued prior to the start of construction. 9. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 10. 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. 11. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development 2022-1493 PL2824 DEVELOPMENT STANDARDS (USR22-0004) - EDWARD AUDET PAGE 2 Standards may be reason for revocation of the Permit by the Board of County Commissioners. 12. 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. 13. 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. Oftentimes, 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. 14. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2022-1493 PL2824 Hello