HomeMy WebLinkAbout20221494.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION <tha.
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope , that the following resolution be introduced for passage by the Weld Ccunty Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER : USR22-0004
APPLICANT : EDWARD AUDET
PLANNER : CHRIS GATHMAN
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
FOR BUILDINGS EXCEEDING THE MAXIMUM BUILDING COVERAGE IN
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION : LOT 3 , BLOCK 77 , ARISTOCRAT RANCHETTES 3RD FILING ; BEING PART OF THE
SW4 OF SECTION 26 , T2N , R66W OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CASLER AVENUE ; APPROXIMATELY 227-FEET
EAST OF FLINT STREET.
be recommended favorably to the Board of County Commissioners 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 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 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 build ng 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 .
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 .
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 .
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 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
RESOLUTION USR22-0004
EDWARD AUDET
PAGE 2
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
EDWARD AUDET
PAGE 3
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
RESOLUTION USR22-0004
EDWARD AUDET
PAGE 4
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
RESOLUTION USR22-0004
EDWARD AUDET
- PAGE 5
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
RESOLUTION USR22-0004
EDWARD AUDET
PAGE 6
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
RESOLUTION USR22-0004
EDWARD AUDET
PAGE 7
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
EXHIBIT
N
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♦.i
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING L`SCt aa - O6 LA
Tuesday , May 3 , 2022
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 : 36 pm .
Roll Call .
Present : Tom Cope , Elijah Hatch , Skip Holland , Butch White , Michael Wailes .
Absent : Lonnie Ford , Sam Gluck , Pamela Edens , Michael Palizzi .
Also Present : Kim Ogle , Chris Gathman , Michael Hall , Angela Snyder , Maxwell Nader, Department of
Planning Services ; Lauren Light , Department of Health ; Karin McDougal , County Attorney , and Kris
Ranslem , Secretary .
CASE NUMBER : USR22-0004
APPLICANT : EDWARD AUDET
PLANNER : CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR BUILDINGS EXCEEDING THE MAXIMUM BUILDING COVERAGE
IN SUBDIVISIONS IN THE A (AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT 3 . BLOCK 77 , ARISTOCRAT RANCHETTES 3RD FILING : BEING PART OF
THE SW4 OF SECTION 26 , T2N , R66W OF THE 6TH P . M . . WELD COUNTY ,
COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CASLER AVENUE : APPROXIMATELY 227-
FEET EAST OF FLINT STREET.
Chris Gathman , Planning Services , presented Case USR22-0004 , reading the recommendation and
comments into the record . Mr. Gathman noted that one phone call was received from a neighboring
property owner with a general inquiry on the project but had no objections . 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 .
Edward Audet , 16240 Casler Avenue , Ft . Lupton , Colorado , stated that he has some classic cars and would
like to store them in a barn to protect them . He would like to have them on his property to maintain and
enjoy .
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 -0004 to the Board of County Commissioners along with the Ccnditions of
Approval and Development Standards with the Planning Commission 's recommendation of approval ,
Moved by Tom Cope , Seconded by Skip Holland .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 5 ) .
Yes : Butch White , Elijah Hatch , Michael Wailes , Skip Holland , Tom Cope .
Meeting adjourned at 3 : 32 pm .
Respectfully submitted .
fitirtat:
Kristine Ranslem
Secretary
1
ATTENDANCE RECORD
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