HomeMy WebLinkAbout20222851.tiffHEARING CERTIFICATION
DOCKET NO. 2022-78
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0019, TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE
(UP TO 14%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT -
GABRIEL AND MARICELA ROCHA
A public hearing was conducted on October 19, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair — EXCUSED
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
Department of Planning Services representative, Kim Ogle
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
E. I hereby certify that pursuant to a notice dated September 19, 2022, and duly published
September 21, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of Gabriel and Maricela Rocha, for a Site Specific Development Plan and Use by Special
Review Permit, USR22-0019, to exceed the maximum allowed building coverage (up to 14%) in
a subdivision in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a
matter of record.
Chair Pro-Tem Freeman reviewed the procedures to follow should this case result in a tie
vote due to four (4) Commissioners being present and Chair James being excused.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
described the location of the parcel, sharing the site is with the three (3) mile referral area and
Coordinated Planning Agreement area of the City of Fort Lupton, who did not return a referral
response or a Notice of Inquiry (NOI) request. He shared the site has an existing permitted access
onto Nancy Avenue, and per the Development Review staff, the traffic will be typical for a
residential dwelling, which is approximately nine (9) round trips per day. Mr. Ogle stated the
applicant submitted a Drainage Narrative indicating the site meets the stormwater detention
exception. He explained the request is to retain existing accessory structures, built without
building permits, which when coupled with the existing buildings, exceed the allowable building
coverage of ten percent (10%). Thus, an application for two additional building permits has been
submitted, which are on hold, pending the outcome of this hearing, since this Use by Special
Review permit would limit the building coverage to 14% to address current and future building on
the property. Mr. Ogle shared the site has an active Zoning Code Violation case, ZCV20-00144,
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HEARING CERTIFICATION - GABRIEL AND MARICELA ROCHA (USR22-0019)
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which has been forwarded to the County Attorney's Office. Approval of this application will correct
the zoning violation; however, the code violation case cannot be dismissed until the Conditions of
Approval (COA) are complete, the USR is map recorded, and the building permit applications are
complete. He further stated, if the application is denied, the structures exceeding the maximum
ten percent (10%) shall be removed. Mr. Ogle relayed the applicant submitted letters of support
from nine (9) surrounding property owners (SPOs), 39 SPOs were sent Notice with no responses
received, nine (9) referral agencies reviewed the case, and four (4) offered comments with specific
conditions which are addressed in the COA and Development Standards (DS). Mr. Ogle entered
the favorable recommendation of the Planning Commission into the record as written and
displayed images of the site and surrounding views.
' Lauren Light, Department of Public Health and Environment, shared the site is served by the
Aristocrat Ranchettes Water Project, and a septic system, permitted for four (4) bedrooms, is
located west of the house and not in the vicinity of the buildings in violation. She shared one DS
regarding setbacks of the system to the building has been added and they have no other items
are outstanding.
Ig Gabriel and Maricela Rocha, applicants, were present but had no comments.
No public testimony was offered concerning this matter.
El The Board reviewed the COA and DS, and accepted the Resolution as presented.
In response to Chair Pro-Tem Freeman, Mr. and Mrs. Rocha indicated they have reviewed,
and agreed to abide by, the Conditions of Approval and Development Standards.
='' Commissioner Moreno moved to approve the request of Gabriel and Maricela Rocha for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0019, to exceed the
maximum allowed building coverage (up to 14%) in a subdivision in the A (Agricultural) Zone
District, based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards, as presented. The motion was seconded by
Commissioner Saine, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:12 a.m.
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HEARING CERTIFICATION - GABRIEL AND MARICELA ROCHA (USR22-0019)
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This Certification was approved on the 7th day of November, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtit,A) , 40;t1
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
EXCUSED
Scott K. James, Chair
Miky.Frewian, Pro-Te,
Lori Saine
2022-2851
PL2841
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