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Case Number:
Owner:
Request:
Legal
Description:
Location:
Acreage:
USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Michael Hall Hearing Date: May 3, 2022
USR22-0001
Valentin Gasca-Lopez
14950 County Road 18, Fort Lupton, CO 80621
A Site -Specific Development Plan and Use by Special Review Permit for more than two (2)
cargo containers, up to six (6) cargo containers, in the A (Agricultural) Zone District.
Lot A of RE -4751; being part of the N2NE4 of Section 28, T2N, R66W, of the 6th P.M., Weld
County, Colorado
South of and adjacent to CR 18; approximately 225 feet west of CR 31
+/- 3 acres
Parcel No. 1309-28-1-00-004
The criteria for review of this Use by Special Review 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:
■ City of Fort Lupton, referral dated January 3, 2022
■ Weld County Zoning Compliance, referral dated January 3, 2022
■ Fort Lupton Fire Protection District, referral dated January 25, 2022
■ Public Service Company of Colorado, referral dated January 31, 2022
■ Weld County Department of Public Health and Environment, referral dated January 10, 2022
■ Weld County Department of Planning Services — Development Review, referral dated January 5, 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 January 6, 2022
■ Colorado Division of Water Resources, referral dated January 5, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
■ Platte Valley Conservation District
■ Weld County Department of Planning Services - Building Inspection
CASE SUMMARY:
The owner and applicant, Valentin Gasca-Lopez, is requesting a Site -Specific Development Plan and Use by
Special Review Permit for six (6) cargo containers in the A (Agricultural) Zone District. The use of the cargo
containers is for personal storage, akin to the overall residential use of the property. No commercial storage
occurs on -site including within the cargo containers and no businesses are operated on -site.
The property is currently in violation for multiple cargo containers, tracked via zoning violation # ZCV21-
00155. Should this USR be approved and the map thereof recorded, the zoning violation will be closed.
Should this USR be denied, the applicant shall either come into compliance by removing all but two (2) cargo
container or the case will proceed to County court.
USR22-0001 — Gasca-Lopez
Page 1 of 8
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant 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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.B of the Weld County Code states: "Respecting Private Property Rights. One of the
basic principles upon which the United States of America was founded is the right of citizens to own
and utilized property so long as that use complies with local regulations and does not interfere with
or infringe upon the rights of others."
The proposed application respects private property rights by allowing this reasonable personal use
to occur on the property. The inclusion of six (6) cargo containers does not change the character of
the area. This request complies with County Regulations and does not negatively impact
surrounding land uses.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent, of the Weld County Code states, "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."
This code section, in essence, supports the proposed USR, as the cargo containers do not interfere
with agricultural activities or other use by right activities.
Section 23-3-40.C. — Uses by special review, of the Weld County Code allows for, "More accessory
cargo containers than the number allowed by Section 23-3-30".
This code section allows the applicant to apply for multiple cargo containers beyond the base
accessory use permission of two (2) cargo containers per legal lot of less than eighty (80) acres per
Section 23-3-30.B of the Weld County Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent unincorporated lands are zoned A (Agricultural). The surrounding land uses consist of
farmland, rural and subdivision residences, sporadic businesses, industrial operations, utility
corridors and on -going oil and gas activity. There are approximately thirty (30) other USR permits for
a variety of uses within one (1) mile of the subject property.
Weld County Department of Planning Services staff sent notice to seven (7) surrounding property
owners within 500 feet of the proposed USR boundary. No written correspondence or telephone
calls were received.
Due to the rural and eclectic character of the area, this low -impact USR appears to be compatible
with the area.
D. Section 23-2-220.A.4 -- That the uses which would 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 this Code or master plans of affected municipalities.
USR22-0001 — Gasca-Lopez
Page 2 of 8
This site is located within the Fort Lupton Coordinated Planning Agreement (CPA) boundary. The
City did not provide a signed Notice of Inquiry form within the twenty-one (21) day timeframe as
detailed in Section 19-12-50.A of the Weld County Code. Therefore, the NOI form was not required
in order to process this USR application.
The site is located within the three (3) mile municipal referral radius of City of Fort Lupton. The City
submitted a referral, dated January 3, 2022, stated no concerns. Informational comments were
provided regarding existing and future right-of-way considerations per the City of Fort Lupton
Transportation Plan.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by maps
officially adopted by the county.
The property is not located within a Special Flood Hazard Area, Greeley -Weld County Airport
Overlay District, Geologic Hazard Overlay District Historic Townsite Overlay District or Municipal
Separate Storm Sewer System (MS4) area. No ditches or railroads are on or adjacent to this
property.
Building Permits issued on the lot 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 prime
agricultural land in the locational decision for the proposed use.
The parcel is primarily designated as "Farmland of statewide importance" with low -slope (1-3%),
loamy sand soils. The property is not farmed or irrigated. The use of the property for cargo
containers has no relationship to the soil quality.
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.
Those agency referral responses, which contained comments, provide additional advisory
information and conditions regarding designing and operating the site to protect with the interests of
the County, public and other governmental agencies.
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 applicant shall submit the required building permits for cargo containers. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
B. The applicant shall acknowledge the comments of Weld County Zoning Compliance, as stated in
the mineral notice response dated January 3, 2022. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall acknowledge the advisory comments of Fort Lupton Fire Protection District,
as stated in the mineral notice response dated January 3, 2022. Evidence of such shall be
USR22-0001 — Gasca-Lopez
Page 3 of 8
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall acknowledge the advisory comments of Xcel Energy, as stated in the mineral
notice response dated January 31, 2022. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0001. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label any existing and proposed structures including the location of the
proposed cargo containers and any other site improvements and surfaces. (Department
of Planning Services)
5) Show and label any landscaping, fencing and gating. (Department of Planning Services)
6) Show and label the setback radiuses for existing oil and gas tank batteries, wellheads,
and encumbrances, if applicable. Setback requirements are located in Section 23-3-
70.E. of the Weld County Code. (Department of Planning Services)
7) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
8) Show and label the recommended future rights -of -way per the City of Fort Lupton
referral, dated January 3, 2022. (Department of Planning Services)
9) County Road 18 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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.
10) Show and label the 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 locations prior to construction. (Department of Planning Services —
Development Review)
11) Show and label the drainage flow arrows. (Department of Planning Services —
Development Review)
12) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services — 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)
USR22-0001 — Gasca-Lopez
Page 4 of 8
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
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 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)
USR22-0001 — Gasca-Lopez
Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gasca-Lopez
USR22-0001
1. A Site -Specific Development Plan and Use by Special Review Permit, USR22-0001 for more than
two (2) cargo containers, up to six (6) cargo containers, 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. Any On -site Wastewater Treatment System located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of
Public Health and Environment)
4. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
5. 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. (Department of Planning Services
— Development Review)
6. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Planning Services — Development Review)
7. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plat. (Department of
Planning Services — Development Review)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services — Development Review)
9. Building permits shall be required for any new construction or setup of a manufactured structure
(buildings and/or structures) per Section 29-3-10 of the Weld County Code. A building permit
application must be completed and submitted. Buildings and structures shall conform to the
requirements of Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application. Currently, the following have been adopted by Weld County: 2018 International Building
Codes; 2018 International Energy Code; 2020 National Electrical Code. (Department of Building
Inspection)
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.
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.
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."
USR22-0001 — Gasca-Lopez
Page 6 of 8
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. In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten
(10) days prior to the hearing. If the Board of County Commissioners determines that the Use by
Special Review has terminated and no good cause has been shown for continuing the permit, then
the termination becomes final and the Use by Special Review Permit is vacated."
16. 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.
17. 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.
USR22-0001 — Gasca-Lopez
Page 7 of 8
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.
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, sand burs, 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.
USR22-0001 — Gasca-Lopez
Page 8 of 8
April 4, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
GASCA-LOPEZ VALENTIN
14950 COUNTY ROAD 18
FORT LUPTON, CO 80621
Subject: USR22-0001 - A Site Specific Development Plan and Use by Special Review Permit for six
(6) cargo containers in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -4751; BEING PART N2NE4 SECTION 28, T2N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 3, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on May 18, 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
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mrthaer Hark
Planner
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