The URL can be used to link to this page

Browse Search

Home My WebLink About20223017.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Michael Palizzi. 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 DESCRIPTION: LOCATION: USR22-0023 ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA KIM OGLE A 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. 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. SOUTH OF AND ADJACENT TO 141H STREET: APPROXIMATELY 3,000 FEET WEST OF CR 29 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 Commission 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 characterof 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 RESOLUTION USR22-0023 ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA PAGE 2 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. 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 Planning Commission 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) 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 RESOLUTION USR22-0023 ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA PAGE 3 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) RESOLUTION USR22-0023 ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA PAGE 4 Motion seconded by Michael Wailes VOTE For Passage Elijah Hatch Skip Holland Sam Gluck Michael Wailes Michael Palizzi Shana Morgan Against Passage Absent Butch White Pamela Edens 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, Michelle Wall, 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 October 4, 2022 Dated the 4th day of October, 2022 „!►uL e,,, • WEAL Michelle Wall Secretary RESOLUTION USR22-0023 ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Antonio Trujillo-Batalla and Ma Enka 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 WastewaterTreatment 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 wntten request by the landowner RESOLUTION USR22-0023 ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA PAGE 6 , (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 maybe 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 bse 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 RESOLUTION USR22-0023 ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA PAGE 7 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 EXHIBIT SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 4, 2022 N d .D a �sRaa-ao �3 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 12:34 pm. Roll Call. Present: Elijah Hatch, Skip Holland, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan. Absent: Butch White, Pamela Edens. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, and Maxwell Nader, Department of Planning Services; Lauren Light, Department of Health; Karin McDougal, County Attorney, and Michelle Wall; Secretary. Motion: Approve the September 6, 2022, Weld County Planning Commission minutes, Moved by Skip Holland, Seconded by Sam Gluck. Motion passed unanimously. CASE NUMBER: USR22-0023 APPLICANT: ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA PLANNER: KIM OGLE REQUEST: A 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 OF THE N2 SW4 OF SECTION 32. T2N, R66W OF THE 6TH P.M.. WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO 14T" STREET: APPROXIMATELY 3,000 FEET WEST OF CR 29. Kim Ogle, Planning Services, presented Case USR22-0023, reading the recommendation and comments into the record. This site has an active Code Violation, ZCV20-00055, but has not been forwarded to the County Attorney's office. The applicant submitted 7 letters of support from surrounding property owners within their application packet. Staff mailed 25 surrounding property notices but received no responses in return. 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. Esmerelda Trujillo, 1370 14th Street, Fort Lupton, Colorado. Ms. Trujillo explained they built the garage to store their vehicles. The other structure was built by the previous owner for the use of animals, and they could not park their vehicles in it. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Staff requested to remove Condition of Approval 1.B., under the heading of "Prior to Recording the USR Map", "A Final Drainage Narrative, that acknowledges MS4, is required. The applicant has met this requirement". Motion: Remove Condition of Approval 1.B. as recommended by Staff. Moved by Michael Wailes, Seconded by Sam Gluck. Motion passed unanimously. The Chair asked the applicant if they have read through the Development Standards and Amended Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR22-0023 to the Board of County Commissioners along with the Amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Palizzi, Seconded by Michael Wailes. Vote Motion carried by unanimous roll call vote (summary Yes = 6) Yes Elijah Hatch, Michael Pal¢zi, Michael Wailes, Sam Gluck, Shana 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 4 02 pm Respectfully submitted, Michelle Wall Secretary PLANNING COMMISSION ATTENDANCE RECORD Date NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip crsyYlerea(&-Larroi‘\\O j7C I Li + {i Si-v`ecf iziett(p-i-Din Ca SOl) zwic.iswla04.6-ma.I -Cork LACAP/kKciL (wcvIntcarncc t nICCI • q �cic� ✓✓4 �via si (� l� I 13-70 � C� Z � j Ut►'i S ty't2 f- -av'f- l G � U u� -lrcvi �� v-�- EwutiA9C-y-D) r f 1 `��Q w,�.► �/%�/�' A n -� `� oh,� � ��, l � �U l CO., I� � �� a ��,r�e�+-- 1 -tin CO v 2,1 � .� �, i s/ l✓�`�,j`o ,..� � fir /'i'� �• �t C`r r r/�t/ j � / � l 7 ki,i_1"sre-v#A'/f'roi, cD. .2�0/ n- �Yi roan/ PYl ',,L erCrIPrA/A v P g re el 2)0 67./ tfrill<vum�°✓�,�`a(iGi ici/icC/ 1-c-- SceoZ Co 24 25 /C-�� i-�aY1 �'q;Z � DF,t1cOkw.ev� /4 De n 51(0a— C v fe ( ; r -of i ‘ G 6c) l .�:clncc(. E. i 6 v �a rp-�E; LG f. -la, Zile_ ,i� (4,../ �, LA.,4.,,-, _ lav1.5,zte/ 51402 CD fe4 Z ForTLUProG, �i062f <r Ft co (orttelc) 1-1---c fi- file< I. -- v t7 e^t cA/`e-c_ b kr- 57--,/ 0 Z- '3 Ceri-o4- S06 Z c5a - O(p 0-Z c.. -*e s- «.. L.. 7 -1-- i �� , ,eot _ (1O`6 At e I by cite-Un CC lE7 S I z�c� 626 -10,,i6 -0,4k ? .W�S)k Zack 8 r-gv-^ vNN&r Ian�� ei. h Ag,ack A i(e,"�n�c,tl�� c) ,pe,� �z�r, c"�l � w I►�r`�CJr�(F '�,firn!ns�ri CO 006a0 c Jr2 i% V �Y� `�S��Z. J�k h stkin, CSC' cars -34i a �'1- �; c(4,,‘, .�.; �� . c„, ja) AYttctv -7;Atilt/ (f 727-(f.'or- ' • viri.4._ 1 4.4-.,- /( 0 f ' Cc)? q -Ki/A:ttli'le O (nA��L Az: ✓( L D C�'S3Ps �'il�njcllo . (✓�nSv1 .G°A? lY\ 0 ��o t#qec n-)o�A� 0��,4„� t/h4.1)E.Q-r- ,`5 1 ten n4z6-� 1Q5 f!C 9- Lfr-ivs`vLo-xj- to k045i q -ski -€ niv-es v r(oft au . ►k Le+ ktitt cr,ii_locurv-i-z- Leinic ets ha✓Iti era.:}u , 1c4iP9imcs dd e.• ►� a, I a Cpl. 1'fl ?GD gl wt 5i- Y/loo V CO ?,l1 J 9- icrAgj,�t� i---oey _ a) Lb r ice 5 t O 0) cas A ” - tisi .0 r i2-4- 2 grvut- At j ti ?L455 W c42(/ � �>> 1.5 (G Ex2.�: a / t Ire) 5- on , �"�� d11/15rt�c C-21 hi .1 I O e --- e5p�-r/: t\CPC11\C\ \ s` % %.1 \ •\-sk\ Y\ a 2-1 it),..r.:7 i - ge-fr7---- eltroze / ta---Q 7°4° '17/1ct-f 0 / A it•i! -:} k kkiti pact -Wei 57 6 (j , Co I . 0 o I cebokkC, IvtaNk 1-srASA ;Fie) 09 r ea- 13 4 Act i' a rfi e ve it% ( en <dr k a 4 s,___} S C4 dt. Ik- :at r in \ry J *St. it ft,i_ i ccon c 1 - (� '1 Cc) ifr 6Ln L - Co 0. Hello