HomeMy WebLinkAbout20222842.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: October 4, 2022
Case Number: USR22-0019
Applicant: Gabriel and Maricela Rocha
Request: Site Specific Development Plan and Use by Special Review to exceed the maximum
allowed building coverage (up to 14%) in a subdivision in the A (Agricultural) Zone
District
Address: 15819 Nancy Avenue, Fort Lupton, CO 80621
Legal Lot 6, Block 14, Aristocrat Ranchettes, being a part of Section 27, Township 2 North,
Description: Range 66 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Nancy Avenue, approximately 250 -feet east of Hart
Street
Size of Parcel: ± 0.99 acres Parcel No. 1309-27-1-10-003
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:
• Fort Lupton Fire Protection District, referral dated July 11, 2022
• Weld County Department of Planning Services - Code Compliance, referral dated July 7, 2022
• Weld County Department of Public Health and Environment, referral dated July 13, 2022
• Weld County Department of Planning Services — Development Review, referral dated July 25, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County School District RE -8, referral dated July 14, 2022
The Department of Planning Services staff has not received responses from the following agencies:
✓ City of Fort Lupton
• Aristocrat Ranchette Water
• Weld County Sheriff's Office
• Weld County Department of Planning Services - Building Inspection
Case Summary:
The request is to retain existing accessory structures built without permits, a 40x65 SF shop and
personal storage structure, and a 18x20 SF shed that, when coupled with existing buildings, the 1980
SF residence exceed the allowable building coverage (10%) of the 0.99 -acre parcel. The building
USR22-0019 — Rocha
Page 1
coverage currently comprises 11.5% of the subject property. The applicant has applied for two building
permits which are on hold. A future 20 x 30 SF accessory structure is proposed on the south side of the
residence and will be utilized as a car porch. The Use by Special Review permit would limit the building
coverage to 13%, to address current and future buildings on the property as stated in the application
materials.
This site has an active Code Violation (ZCV20-00144). 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 (ZCV20-00144), cannot be dismissed until the Conditions of Approval
have been completed and the final (USR) map is recorded, as well as building permit applications have
been completed and submitted to this office and once the permits receive Final Approval the Code
Violation (ZCV20-00144) would be closed.
If this application is denied, any structures exceeding the maximum lot coverage of 10% would need to
be removed and any remaining structures permitted, the case (ZCV20-00144) would proceed accordingly
through the County Court process.
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, 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.
USR22-0019 — Rocha
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The proposal is in the Aristocrat Ranchettes subdivision. Many lots in this subdivision have applied
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 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. 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:
A. The map shall be amended to delineate the following:
1. 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.
USR22-0019 — Rocha
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(Department of Planning Services)
4. Nancy 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 permitted existing access location onto Nancy Avenue. (Development
Review)
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)
USR22-0019 — Rocha
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gabriel and Maricela 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 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)
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. (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
USR22-0019 — Rocha
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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 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.
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.
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
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.
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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.
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Chapter 23, Article III, Section 23-3-45 Uses allowed by right in subdivisions and historic
townsites
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A
(Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES
so long as they are clearly incidental and ACCESSORY to an allowed USE.
Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after August 25, 1981 on LOTS of less than ten (10) acres in
SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the
total LOT area, except in Regional Urbanization Areas, which shall adhere to RUA
development standards.
However, in no case shall such an ACCESSORY BUILDING exceed twice the GROSS
FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE.
Any ACCESSORY STRUCTURE made nonconforming by application of this Section
may be repaired, replaced or restored in total.
Accessory structure needs to have a principal use, in this instance a single-family
residence. No residence, no new structures, including this proposed Garage.
September 1, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
ROCHA GABRIEL
7703 WOODRUFF STREET
FORT LUPTON, CO 80621-4480
Subject: USR22-0019 - 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
On parcel(s) of land described as:
LOT 6, BLOCK 14 OF ARISTOCRAT RANCHETTES INC; BEING PART OF SECTION 27, T2N, R66W of the
6th P.M., Weld County, Colorado.Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 04, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 19, 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
Respefully,
Kim { e
Planner
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