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LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder / Michael Hall Hearing Date: July 12, 2022
USR22-0010
Noelia Leal and Melissa Keens
A Site Specific Development Plan and Use by Special Review to exceed the maximum
allowed building coverage (up to 12%) in the A (Agricultural) Zone District
16109 Lamb Avenue, Fort Lupton, CO 80621
Lot 7, Block 78, Aristocrat Ranchettes, 3rd Filing, being a part of Section 26, Township
2N, Range 66 West of the 61h P.M., Weld County, Colorado
North of and adjacent to Lamb Avenue, approximately 220 feet west of Flint Avenue
Size of Parcel: ± 0.98 acres Parcel No. 1309-26-3-09-007
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:
• Colorado Division of Water Resources, referral dated May 23, 2022
• Weld County Department of Public Health and Environment, referral dated May 17, 2022
• Weld County Department of Planning Services — Development Review, referral dated May 19, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Fort Lupton Fire Protection District, referral dated May 23, 2022
The Department of Planning Services staff has not received responses from the following agencies:
• City of Fort Lupton
• Weld County Sheriff's Office
• Weld County Code Compliance
Case Summary:
The request is to keep existing accessory structures built without permits, that, when coupled with existing
buildings, exceed the allowable building coverage (10%) of the parcel. The building coverage currently
comprises 12% of the subject property. The applicant has applied for a building permit, ASN22-0260, for
one (1) structure, which is on hold pending of approval of this Use by Special Review (USR) request. The
approval of the USR and approval of any necessary building permits will correct part of the existing code
violation, ZCV21-00136.
USR22-0010
Page 1 of 2
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, and is comprised of
residential lots roughly 1 (one) acre in size. One of the buildings requires modification, as
an addition on the side encroaches into the offset. Once this building is modified to remove
the side addition, all structures 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.
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 for and been approved for similar structures that cause lot coverage limits to be
exceeded. The Department of Planning Services sent notice to thirty-eight (38) surrounding
property owners. No responses were received. There are six (6) other USRs for exceeding
lot coverage in Aristocrat Ranchettes, two within five hundred feet
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
USR22-001 0
Page 2 of 3
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 any 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 structures are not located on irrigated land and are being used for agriculture -related
activities.
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. Prior to recording the map:
A. An Improvements Location Certificate (ILC) shall be submitted to address setbacks and offsets
on all structures. Building permit applications shall be submitted for all unpermitted structures.
All structures shall be brought into compliance. (Building Inspection)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0010 (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. Patrick Street 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. Lamb Avenue is a gravel road with platted right-of-way, dedicated to Weld County, that
is privately maintained as part of the subdivision Aristocrat Ranchettes 3rd FG. The
submitted map shall show this right-of-way, provide creation document information,
and shall label it as privately -maintained. The map shall also include the access to the
site from the maintained County Road, Patrick Street., from the lot to and including the
maintained County Road access point. The physical location of the road within the
right-of-way or easement shall be shown on the plat. Reception numbers shall be
USR22-0010
Page 3 of 4
referenced for right-of-way or easement documents. Please contact Development
Review with questions. (Development Review)
6. Show and label the preliminarily approved access location on Patrick Street.
(Development Review)
7. Show and label the drainage flow arrows. (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 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)
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)
USR22-001 0
Page 4 of 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Noelia Leal & Melissa Keens
USR22-001 0
1. A Site Specific Development Plan and Use by Special Review to exceed the maximum allowed building
coverage in a subdivision and in the A (Agricultural) Zone District, USR22-0010, 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 twelve percent (12%). (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. 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)
6. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for the existing access location as shown on this plan. (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.
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.
USR22-0010
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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.
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.
USR22-001 0
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June 7, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
LEAL NOELIA
16109 LAMB AVE
FORT LUPTON, CO 80621
Subject: USR22-0010 - A Site Specific Development Plan and Use by Special Review to exceed the
maximum allowed building coverage (from 10.3% to 12%) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT 7 BLOCK 78 ARISTOCRAT RANCHETTES 3RD FILING; PART OF SECTION 26, T2N, R66W of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 12, 2022 at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 3, 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
Respectfully, .71;1t't _I c_ _,_ ,,.,� r '0.
Angela Snyder
Planner
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