HomeMy WebLinkAbout20222841.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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: USR22-0019
APPLICANT: GABRIEL AND MARICELA ROCHA
PLANNER KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP TO
14%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 6, BLOCK 14 OF ARISTOCRAT RANCHETTES INC; BEING PART OF
SECTION 27, T2N. R66W OF THE 6TH P.M., WELD COUNTY. COLORADO.
LOCATION: NORTH OF AND ADJACENT TO NANCY AVENUE; APPROXIMATELY 250
FEET EAST OF HART STREET.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 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, which is comprised of
residential lots roughly 1 (one) acre in size. All structures will meet offsets and setbacks from
adjacent property lines and roads rights -of -way.
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
RESOLUTION USR22-0019
GABRIEL AND MARICELA ROCHA
PAGE 2
for and been approved for similarly oversized buildings The applicant submitted letters of support
from nine (9) 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),
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 budding 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 Planning Commission recommendation for approval is conditional upon the following
f
The applicant shall acknowledge the advisory comments of the Fort Lupton Fire Protection District,
as stated in the July 12, 2022, referral response (Department of Planning Services)
2 Prior to recording the map
RESOLUTION USR22-0019
GABRIEL AND MARICELA ROCHA
PAGE 3
A The map shall be amended to delineate the following
All sheets of the map shall be labeled USR22-0019 (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 Nancy Avenue is a gravel road and is designated on the Weld County Functidnal
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 permitted existing access location onto Nancy Avenue (Development
Review) , f
r
6 Show and label the drainage flow arrows (Development Review)
7 Setback radiuses for existing oil and gas tank batteries and wellheads shall be, indicated on
the map per the setback requirements of 23-3-70 E of the Weld County Code (Department
of Planning Services)
3 Upon completion of Condition of Approval #1, #2, and #3 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 23-2-200 H 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)
4 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)
5 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 USR22-0019
GABRIEL AND MARICELA ROCHA
PAGE 4
Motion seconded by Michael Palizzi
VOTE
For Passage
Elijah Hatch
Skip Holland
" Sam Gluck
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage Absent
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, '
Colorado, adopted on October 4, 2022
Dated the 4th day of October, 2022
Michelle Wall
Secretary
RESOLUTION USR22-0019
GABRIEL AND MARICELA ROCHA
PAGE 5
SITE SPECIFIC DEVELOPMENT
PLAN USE BY SPECIAL,REVIEW
PERMIT DEVELOPMENT
STANDARDS
Gabriel and Mancela Rocha
USR22-0019
1 Site Specific Development Plan and Use by Special Review, USR22-0019, to exceed the maximum
allowed building coverage ,(up to 14%) in a subdivision in the A (Agricultural) Zone District 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 thirteen percent (14%) 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 All buildings shall meet setback and offset requirements in Section 23-3-70 of the Weld County
Code (Department of Planning Services) -
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 historical flow patterns and runoff, amounts on the site will be maintained (Development
Review)
8 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)
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 (Department of Planning Services)'
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 (Department of Planning Services) --
11 The property owner or operator shall be responsible for complying with all oftheforegoing 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)
12 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
RESOLUTION USR22-0019
GABRIEL AND MARICELA ROCHA
PAGE 6
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 (Department of Planning Services)
13 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 (Department of Planning Services)
14 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 ofsuch 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
15 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
RESOLUTION USR22-0019
GABRIEL AND MARICELA ROCHA
PAGE 7 `
1/1/ter 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 -pips 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
l
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
1 ^
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 4, 2022
u n a s r O V 1 9
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 12:34 pm.
Roll Call
Present: Elijah Hatch. Skip Holland, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Butch White, Pamela Edens.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, and Maxwell Nader, Department of
Planning Services; Lauren Light. Department of Health: Karin McDougal. County Attorney, and Michelle
Wall. Secretary.
Motion: Approve the September 6, 2022, Weld County Planning Commission minutes. Moved by Skip
Holland, Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER: USR22-0019
APPLICANT: GABRIEL AND MARICELA ROCHA
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP
TO 14%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 6, BLOCK 14 OF ARISTOCRAT RANCHETTES INC; BEING PART OF
SECTION 27. T2N. R66W OF THE 6TH P.M.. WELD COUNTY. COLORADO.
LOCATION: NORTH OF AND ADJACENT TO NANCY AVENUE; APPROXIMATELY 250
FEET EAST OF HART STREET
Kim Ogle, Planning Services, presented Case USR22-0019, reading the recommendation and comments
into the record. This site has an active Code Violation, ZCV20-00144. and has been forwarded to the
County Attorney's office. The applicant submitted 9 letters of support from surrounding property owners
within their application packet. Staff mailed 39 surrounding property notices but received no responses in
return. 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.
Gabriel and Maricela Rocha. 15819 Nancy Avenue, Fort Lupton, Colorado. Mr. Rocha explained that in
error, he did not get a building permit. He built the structure during the pandemic when he had workers to
help him.
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 USR22-0019 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 Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan, Skip Holland.
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.
PLANNING COMMISSION ATTENDANCE RECORD
NAME - PLEASE
PRINT
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ADDRESS
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