HomeMy WebLinkAbout20222638.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0009, TO EXCEED THE MAXIMUM ALLOWED BUILDING
COVERAGE (UP TO 14%) IN THE A (AGRICULTURAL) ZONE DISTRICT -
ENRIQUE RETANA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of
September, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Enrique Retana, 15282 Higgins Avenue, Fort Lupton, Colorado 80621,
for a Site Specific Development Plan and Use by Special Review Permit, USR22-0009, to exceed
the maximum allowed building coverage (up to 14%) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot 3, Block 41, Aristocrat Ranchettes, 2nd Filing;
being part of Section 27, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) 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 one (1) acre in size. All structures meet
PLOP/NN) CA(eis' APPL.
to/Iq/2:L
2022-2638
PL2835
SPECIAL REVIEW PERMIT (USR22-0009) — ENRIQUE RETANA
PAGE 2
offsets and setbacks from adjacent property lines and road
rights -of -way and will not adversely impact the surrounding area.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, 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. 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 23-2-230.B.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, and
been approved for, similarly oversized buildings. The Department of
Planning Services sent notice to 41 surrounding property owners (SPOs),
and no responses were received. The Conditions of Approval and
Development Standards 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 23-2-230.B.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,
which did not return a referral response or respond to the Notice of
Inquiry (NOI).
E. Section 23-2-230.B.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, County
Facility Fee, and Drainage Impact Fee Programs.
2022-2638
PL2835
SPECIAL REVIEW PERMIT (USR22-0009) - ENRIQUE RETANA
PAGE 3
F. Section 23-2-230.B.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 23-2-230.B.7 — 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Enrique Retana, for a Site Specific Development Plan
and Use by Special Review Permit, USR22-0009, to exceed the maximum allowed building
coverage (up to 14%) in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
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 USR22-0009.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Higgins 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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
5) The applicant shall show and label the approved access location
(AP15-00300), approved access width, and the appropriate turning
radii on the site plan.
6) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
2022-2638
PL2835
SPECIAL REVIEW PERMIT (USR22-0009) — ENRIQUE RETANA
PAGE 4
7) The applicant shall show and label the drainage flow arrows.
8) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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 three (3) month period.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of September, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COUNTY, COLORADO
ATTEST: 4614„)
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPROVED
u y Att: ney
Date of signature: 1O/6/22.
Scott K. James, Chair
erry L. Bu9k —"
teve Moreno
(1‘. 25.AN A..
on Saine
2022-2638
PL2835
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ENRIQUE RETANA
USR22-0009
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0009, is for
exceedance of the maximum allowed building coverage (up to 14%) in the A (Agricultural)
Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The building coverage shall not exceed fourteen percent (14%).
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. All structures must meet the required setbacks from the existing On -site Wastewater
Treatment System (OWTS) in compliance with provisions of the Weld County Code,
pertaining to OWTS.
6. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
7 The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
9. The historical flow patterns and runoff amounts on the site will be maintained.
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.
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.
2022-2638
PL2835
DEVELOPMENT STANDARDS (USR22-0009) — ENRIQUE RETANA
PAGE 2
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 the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
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. 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. Oftentimes, 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.
16. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2022-2638
PL2835
Hello