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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
Hearing Date: August 2, 2022
USR22-0009
Enrique Retana
A Site Specific Development Plan and Use by Special Review to exceed the maximum
allowed building coverage (up to 14%) in the A (Agricultural) Zone District
15282 Higgins Ave, Fort Lupton, CO 80621
Lot 3, Block 41, Aristocrat Ranchettes, 2nd Filing, being a part of Section 27, Township
2N, Range 66 West of the 6'" P.M., Weld County, Colorado
South of and adjacent to Higgins Avenue; approximately 200 feet east of Harold Street
Size of Parcel: ± 0.99 acres Parcel No. 1309-27-3-05-008
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:
Weld County Department of Public Health and Environment, referral dated June 2, 2022
Y Weld County Department of Planning Services - Code Compliance, referral dated June 6, 2022
Weld County Department of Planning Services — Development Review, referral dated June 3, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Sheriff's Office, referral dated June 7, 2022
Fort Lupton Fire Protection District, referral dated June 14, 2022
The Department of Planning Services staff has not received responses from the following agencies:
City of Fort Lupton
Weld County Department of Planning Services — Building Inspection
USR22-0009 — Retana
Page 1
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit to exceed
the maximum allowed building coverage. The property currently has three buildings on site, a primary
dwelling at 2,880 square feet, an accessory structure at 1,500 square feet and another accessory structure
at 1,500 square feet that has not been permitted. The violation was triggered due to a structure being built
without building permits and exceeding the allowable building coverage of 10%. The three structures
combined have a coverage of 13.50% on the subject property. The building coverage currently comprises
13.50% of the subject property. No structures are proposed.
This site has an active Code Violation (ZCV22-00001). This case has been forwarded to the County
Attorney's Office.
Approval of this application by the Board of County Commissioners would correct the zoning violation;
however, the code violation case (ZCV22-00001), cannot be dismissed until the Conditions of Approval
have been completed and the final map has been recorded.
If this application is denied, the code violation case would proceed accordingly through the County Court
process and structures would need to be removed or reduced in size.
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. All
structures 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.
USR22-0009 — Retana
Page 2
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 Department of
Planning Services sent notice to forty-one (41) 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).
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. Prior to recording the map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0009 (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)
USR22-0009 — Retana
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4. Higgins Avenue 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 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. (Development Review)
5. Show and label the approved access location (AP15-00300), approved access width,
and the appropriate turning radii on the site plan. (Development Review)
6. Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Development Review)
7. Show and label the drainage flow arrows. (Development Review)
8. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
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)
USR22-0009 — Retana
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Enrique Retana
USR22-0009
1. A Site Specific Development Plan and Use by Special Review, USR22-0009, to exceed the maximum
allowed building coverage (up to 14%) 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 fourteen percent (14%).
4. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
9. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
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.
USR22-0009 — Retana
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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
USR22-0009 — Retana
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.
USR22-0009 — Retana
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July 14, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
RETANA ENRIQUE
15282 HIGGINS AVE
FORT LUPTON, CO 806214110
Subject: USR22-0009 - A Site Specific Development Plan and Use by Special Review to exceed the
maximum allowed building coverage (up to 14%) in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT 3 BLOCK 41 2ND ARISTOCRAT RANCHETTES of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 02, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 31, 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
Respectfully,
Maxwell Nader
Planner
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