HomeMy WebLinkAbout20221494.tiffRESOLUTION USR22-0004
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in an area that can support this development The proposed Development Standards, and Conditions
of Approval will assist in mitigating the impacts of the facility on adjacent properties and ensure
compatibility with surrounding land uses and 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 area and within the 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, indicating that they have no concerns
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 Distnct, Agncultural Heritage Overlay Distnct,
Airport Overlay Distnct, or a Special Flood Hazard Area Budding Permits issued on the property
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 pnme 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 Sod Survey The property is in an existing
subdivision, is covered by an existing residence and outbuilding and is not in agricultural production
G Section 23-2-220 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 matenals 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 map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR22-0004 (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 Casler Avenue is a pnvately-maintained roadway with platted nght-of-way in the Anstocrat
Ranchettes Subdivision The applicant shall delineate and label on the site map the future and
existing right-of-way (along with the documents creating the existing nght-of-way) and the
RESOLUTION USR22-0004
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physical location of the road All setbacks shall be measured from the edge of nght-of-way This
road is NOT maintained by Weld County (Development Review)
5 Patrick Street is a gravel road and is del ignated on the Weld County Functional Classification
Map as a local road which requires 60 feet of nght-of-way at full buildout The applicant shall
delineate and label on the site map or plat the future and existing nght-of-way (along` with the _
documents creating the existing nght-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)
6 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 (Development Review)
7 Show and label the drainage flow arrows (Development Review)
8 Show and label the parking and traffic circulation f low arrows showing how the traffic moves
around the property (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 Apri1,30, 2012, should the plat
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 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 (Department of
Planning Services)
I
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Motion seconded by Skip Holland
VOTE
For Passage Against Passage
Tom Cope
Elijah Hatch
Skip Holland
Butch White
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
Michael Wailes
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
7
Knstine Ranslem
Secretary
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SITE SPECIFIC
DEVELOPMENT PLAN
, USE BY SPECIAL REVIEW
PERMIT DEVELOPMENT
STANDARDS _
Edward Audet
USR22-0004
I
A Site -Specific Development Plan and Use by Special Review Permit, USR22-0004, for Buildings
exceeding the maximum budding coverage in subdivisions in the A (Agncultural) Zone Distnct,
subject to the Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property nght pursuant to Section 23-8-10 of the Weld County
j Code (Department of Planning Services)
l
3 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)
4 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)
5 Pnor to the release of budding permits, the applicant shall be required to submit a complete access
application for a "preliminanly approved" 'access location as shown on this plat (Development
Review) -
6 The historical flow patterns and runoff amounts`,on the site will be maintained (Development Review)
7
8
All accessory structures must meet the required setbacks from the existing On -site Waste Water
Treatment System in compliance with provisions of the Weld County Code, pertaining to On -site
Wastewater Treatment Systems (Environmental Health)
Budding permits shall be required for any new; construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code A ,budding 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, 2018 International} Residential Code, 2020 International Energy Code,
2017 National Electncal Code, and Chapter 29, of the Weld County Code A plan review shall be
approved, and a permit must be issued pnor to the start of construction (Department of Budding
Inspection) i
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 govemed 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 Standards may be
reason for revocation of the Permit by the Board of County Commissioners
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12 Construction or USE pursuant to approval of a Use by Special Review Permit shall1 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
r
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 peacticable 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 person 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 nghts and mineral owners should be afforded the opportunity to
extract the mineral resource
14 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agncultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agncultural 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 agncultural
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
Agncultural 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 aenal spraying It is common practice for agncultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their agncultural
operations A concentration of miscellaneous agricultural matenals often produces a visual dispanty
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
irngation 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
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responses, including law enforcement, ambulance, and f ire 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 pnonties mean that roads from subdivisions to artenals 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 irngation 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
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