HomeMy WebLinkAbout20223018.tiffLAND USE APPLICATION
SUMMARY
Planner: Kim Ogle Hearing Date: October 4, 2022
Case Number: USR22-0023
Property Owners: Antonio Trujillo-Batalla and Ma Erika Guadarrama c/o Esmeralda Trujillo
Address: 1370 Fourteenth Street, Fort Lupton, CO 80621
Request: Site Specific Development Plan and Use by Special Review Permit to exceed the
maximum allowed building coverage (up to 12%) in a subdivision in the A (Agricultural)
Zone District
Legal
Description:
Part of Lot 2, Sebold 2nd Addition, being part N2 SW4 of Section 32, Township 2
North, Range 66 West of the 6th P.M., Weld County Colorado
Location: South of and adjacent to 14th Street, approximately 3000 -feet west of County Road
29
Size of Parcel: ± 0.90 acres Parcel No. 1309-32-3-01-003
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:
■ Weld County Department of Planning Services — Code Compliance, referral dated August 11, 2022
■ Weld County Department of Planning Services — Development Review, referral dated August 18, 2022
■ Weld County Department of Public Health and Environment, referral dated August 22, 2022
■ State of Colorado, Division of Water Resources, referral dated September 6, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ Weld County Sheriff's Office, referral dated August 11, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
■ City of Fort Lupton
■ Fort Lupton Fire Rescue District
■ Short Line Lateral Ditch Company
■ Colorado Division of Parks and Wildlife
■ Weld County Department of Planning Services — Building Inspection
Case Summary:
The request is to retain existing accessory structures built without permits, a 38x29 (1,102 SF) garage
that, when coupled with existing buildings: a 2,910 SF residence, and a 2,880 SF barn and a 130 SF shed,
exceed the allowable building coverage of ten percent (10%) of the 0.90 -acre parcel. The allowed lot
coverage on this platted lot is is 4536 SF and the applicant is proposing a lot coverage of 7260 SF. The
building coverage currently comprises twelve percent (12%) of the subject property. The applicant has
applied for a building permit for the garage which is on hold. The Use by Special Review permit would limit
the building coverage to 12%, to address current and future buildings on the property as stated in the
application materials.
The existing water supply source is well permit no. 187713-A. Permit no. 187713-A which was issued June
19, 1995 pursuant to section 37-92-602(3)(c), C.R.S., to replace the existing well under permit no. 187713
(plugged and abandoned). The well operating under permit no. 187713-A is permitted to withdraw
groundwater from the alluvium and to be used for ordinary household purposes inside one single-family
dwelling, the watering of domestic animals and the irrigation of not more than 1/4 acre of home gardens
and lawns. There is an on -site wastewater treatment system (OWTS) permitted for 3 bedrooms
(G19681007). It appears the OWTS is located to the east of the residence and is not in the vicinity of the
garage.
This site has an active Code Violation (ZCV20-00055). This case has not 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 (ZCV20-00055), 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
(ZCV20-00055) 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 (ZCV20-00055) would proceed accordingly
through the County Court process.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
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, Sebold 2nd Addition, and are comprised of
residential lots that are platted between 0.202 acres in area up to 1.636 acres in area with the
average lot size being 0.791 acres in area. All structures will meet offsets and setbacks from
adjacent property lines and road 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 Sebold 2nd Addition subdivision. Many lots in this subdivision have similar
oversized buildings. The applicant submitted letters of support from seven (7) surrounding property
owners with the application. The Department of Planning Services sent notice to twenty-five (25)
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 and indicated on the
undated Notice of Inquiry (NOI) that the city is not interested in annexing this property.
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 located within the MS4 - Municipal Separate Storm Sewer Systems overlay area.
Weld County currently holds a federally -mandated Municipal Separate Storm Sewer System (MS4)
Permit issued by the Colorado Department of Public Health and Environment (CDPHE) for all
unincorporated urban areas within the County. As required by the permit, a Stormwater
Management Program was developed with a goal of reducing the amount stormwater pollution
entering local creeks, streams and rivers from these urbanized areas. Urbanized areas are
determined by US Census data, which is updated every 10 years.
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport Overlay District, or a Special Flood Hazard Area. Building Permits issued on the
property 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 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 proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the approval of this
request.
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 has existing access onto 14th Street. This portion of 14th Street is under the
jurisdiction of the City of Fort Lupton. The applicant shall contact the City concerning access
and submit a copy of the access permit, as applicable, to the Weld County Department of
Planning Services. (Department of Planning Services)
B. A Final Drainage Narrative, that acknowledges MS4, is required. (Development Review)
C. The applicant shall acknowledge the requirements of the Colorado Division of Water
Resources, as stated in the referral response dated September 6, 2022. Written evidence
of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items located on the property are screened from all adjacent
properties and public rights -of -way or have been removed from the property. (Department of
Planning Services)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0023 (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. The applicant shall delineate on the map the trash collection areas. Section 23-2-
240.A.13 of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. This portion of 14th Street is under the jurisdiction of the Town of Fort Lupton. Please
contact the municipality to verify the right-of-way. Show and label the right-of-way. Show
the approved access(es) on the site plan and label with the approved access permit
number if applicable. (Development Review)
6. Show and label the existing access location onto14th Street. (Development Review)
7. Show and label 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 Permit 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 plat 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)
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Antonio Trujillo-Batalla and Ma Erika Guadarrama
USR22-0023
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0023 to exceed the
maximum allowed building coverage (up to 12%) 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 twelve percent (12%) 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. 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. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
7. This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit.
(Development Review)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
9. 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)
10. 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)
11. 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)
12. 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)
13. 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)
14. 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)
15. 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. (Department of Planning Services)
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.
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.
September 19, 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
TRUJILLO BATALLA ANTONIO
1370 14TH ST
FORT LUPTON, CO 806212736
Subject: USR22-0023 - Site Specific Development Plan and Use by Special Review Permit to exceed
the maximum allowed building coverage (up to 12%) for all structures in a subdivision in the A
(Agricultural) Zone District
On parcel(s) of land described as:
Part of Lot 2, Sebold 2nd Addition; being part of the N2 SW4 of Section 32, 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 November 02,
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
R -spec Ily,
Kim O
Planner
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