HomeMy WebLinkAbout20222639.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Butch White, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL:
LOCATION:
USR22-0009
R22-0009
ENRIQUE RETANA
MAXWELL NADER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW TO
EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP TO 14%) IN
THE A (AGRICULTURAL) ZONE DISTRICT.
LOT 3, BLOCK 41 ARISTOCRAT RANCHETTES 2ND FILING. BEING PART OF
SECTION 27. T2N. R66W OF THE 6TH P.M.. WELD COUNTY. COLORADO.
SOUTH OF AND ADJACENT TO HIGGINS AVE: APPROXIMATELY 200 FEET
EAST OF HAROLD ST.
be recommended favorably to the Board of County Commissioners 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 Planning Commissioners 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. All structures 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 similarly oversized buildings. The Department of Planning Services sent
notice to forty-one (41) 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.
RESOLUTION USR22-0009
ENRIQUE RETANA
PAGE 2
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 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 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 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 proposed 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 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 Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A The map shall be amended to delineate the following
All sheets of the map shall be labeled USR22-0009 (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 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 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 Show and label the approved access location (AP15-00300), approved access width, and the
appropriate turning radii on the site plan (Development Review)
6 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 (Development Review)
RESOLUTION USR22-0009
ENRIQUE RETANA
PAGE 3
7 Show and label the drainage flow arrows (Development Review)
8 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (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)
Motion seconded by Michael Palizzi
VOTE
For Passage
Elijah Hatch
Sam Gluck
Butch White
Pamela Edens
Michael Palizzi
Shana Morgan
Against Passage
Absent
Skip Holland
Michael Wailes
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on September 6, 2022
Dated the 6. day of September, 2022
Kristine Ranslem
Secretary
RESOLUTION USR22-0009
ENRIQUE RETANA
PAGE 4
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Enrique Retana
USR22-0009
A Site Specific Development Plan and Use by Special Review, USR22-0009, to exceed the maximum
allowed building coverage (up to 14%) 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 fourteen percent (14%)
4 Any -future structures or uses on site must obtain the _appropriate zoning and building permits
(Department of Planning Services)
5 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)
6 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)
7 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)
8 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
9 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
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 (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 (Department of Planning Services)
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
RESOLUTION USR22-0009
ENRIQUE RETANA
PAGE 5
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 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
16 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 an 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,
RESOLUTION USR22-0009
ENRIQUE RETANA
PAGE 6
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
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 6, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Elijah Hatch, Sam Gluck, Butch White, Shana Morgan, and Michael Palizzi.
Absent: Skip Holland, Pamela Edens, and Michael Wailes.
Also Present: Chris Gathman, Diana Aungst, and Maxwell Nader, Department of Planning Services; Lauren
Light, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR22-0009
ENRIQUE RETANA
MAXWELL NADER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP
TO 14%) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT 3, BLOCK 41. ARISTOCRAT RANCHETTES 2ND FILING; BEING PART OF
SECTION 27, T2N, R66W OF THE 6TH P.M., WELD COUNTY. COLORADO.
SOUTH OF AND ADJACENT TO HIGGINS AVENUE; APPROXIMATELY 200
FEET EAST OF HAROLD STREET.
Pamela Edens entered the hearing at 12:33 p.m.
Maxwell Nader, Planning Services, presented Case USR22-0009, reading the recommendation and
comments into the record. Mr. Nader noted that Staff did not receive any correspondence or phone calls
from surrounding property owners regarding this project. The Department of Planning Services
recommends approval of this application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Enrique Retana, 15282 Higgins Ave, Ft. Lupton, Colorado, stated that he would like to keep his horse stalls
that were built in 1998. He added that there are no utilities in the buildings and it is used for horses and
storage of hay and a tractor.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Gluck asked the applicant if they obtained a building permit for the buildings. Mr. Retana
replied yes.
Motion: Forward Case USR22-0009 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Butch White, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Pamela Edens, Sam Gluck and Shana Morgan.
Meeting adjourned at 1:27 pm.
1
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 2, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair,
Elijah Hatch, at 12 30 pm
Roll Call
Present Elijah Hatch, Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana
Morgan
Absent Sam Gluck
Also Present Chris Gathman, Maxwell Nader, and Jim Flesher, Department of Planning Services, Karin
McDougal, County Attorney, and Michelle Wall, Secretary
CASE NUMBER USR22-0009
APPLICANT ENRIQUE RETANA
PLANNER MAXWELL NADER
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW TO
EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP TO 14%) IN
THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL LOT 3, BLOCK 41, ARISTOCRAT RANCHETTES 2ND FILING, BEING PART OF
SECTION 27, T2N, R66W OF THE 6TH P M , WELD COUNTY, COLORADO
LOCATION SOUTH OF AND ADJACENT TO HIGGINS AVE, APPROXIMATELY 200 FEET
EAST OF HAROLD ST
Maxwell Nader, Planning Services, said that due to an error in the publication of the legal notice with the
newspaper, staff must request a continuance of USR22-0009 Staff requests the case be continued to
September 6, 2022, for the Planning Commission and September 21, 2022, for the Board of County
Commissioners
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance
No one wished to speak
Commissioner Wailes asked staff if there is an active zoning violation on the property Staff responded
yes Mr Wailes asked if the continuance affects the violation Mr Nader said he spoke with Compliance,
and it will not Mr Wailes asked why this case was not being heard by Board of Adjustment with a request
for a variance Mr Nader replied that the building meets the offsets but was built without getting building
permits
Motion Continue Case USR22-0009, Moved by Michael Wailes, Seconded by Butch White
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Stiana Morgan, Skip
Holland
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 1 01 pm
Respectfully submitted,
--I2ecswrzo o° uke-e_
Michelle Wall
Secretary
PLANNING COMMISSION ATTENDANCE RECORD
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