HomeMy WebLinkAbout20221302.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0001, FOR SIX (6) CARGO CONTAINERS IN THE
A (AGRICULTURAL) ZONE DISTRICT - VALENTIN GASCA-LOPEZ
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 18th day of
May, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Valentin Gasca-Lopez, 14950 County Road 18, Fort Lupton, Colorado 80621,
for a Site Specific Development Plan and Use by Special Review Permit, USR22-0001, for six (6)
cargo containers in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot A of Recorded Exemption, RE -4751; being part
of the N1/2 NE1/4 of Section 28, 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
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.B states: "Respecting Private Property Rights. One
of the basic principles upon which the United States of America was
founded is the right of citizens to own and utilized property so long
as that use complies with local regulations and does not interfere
with or infringe upon the rights of others." The proposed application
cc: PLerP/MN/M+-l), CA (60), APPL.
9/12/22
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respects private property rights by allowing the reasonable personal
use to occur on the property. The inclusion of six (6) cargo
containers does not change the character of the area. This request
complies with County Regulations and does not negatively impact
surrounding land uses.
B. Section 23-2-230.6.2 — 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." This
Code section, in essence, supports the proposed USR, as the cargo
containers do not interfere with agricultural activities or other Use
by Right activities.
2) Section 23-3-40.C — Uses by Special Review, of the Weld County
Code allows for, "More accessory cargo containers than the number
allowed by Section 23-3-30". This Code section allows the applicant
to apply for multiple cargo containers beyond the base accessory
use permission of two (2) cargo containers per legal lot of less than
80 acres, per Section 23-3-30.6 of the Weld County Code.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent unincorporated lands
are zoned A (Agricultural). The surrounding land uses consist of farmland,
rural and subdivision residences, sporadic businesses, industrial
operations, utility corridors and on -going oil and gas activity. There are
approximately 30 other USR permits for a variety of uses within one (1)
mile of the subject property. Weld County Department of Planning Services
staff sent notice to seven (7) surrounding property owners within 500 feet
of the proposed USR boundary. No written correspondence or telephone
calls were received. Due to the rural and eclectic character of the area, this
low -impact USR appears to be compatible with the area.
D. Section 23-2-230.6.4 — 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 this Code or master plans of affected municipalities. This site is located
within the Fort Lupton Coordinated Planning Agreement (CPA) boundary.
The City of Fort Lupton did not provide a signed Notice of Inquiry (NOI)
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form within the 21 -day timeframe, as detailed in Section 19-12-50.A of the
Weld County Code. Therefore, the NOI form was not required in order to
process this USR application. The site is located within the three (3) mile
municipal referral radius of the City of Fort Lupton. The City of Fort Lupton
submitted a referral, dated January 3, 2022, stating no concerns.
Informational comments were provided regarding existing and future
right-of-way considerations, per the City of Fort Lupton Transportation
Plan.
E. Section 23-2-230.B.5 — The property is not located within a Special Flood
Hazard Area, Greeley -Weld County Airport Overlay District, Geologic
Hazard Overlay District Historic Townsite Overlay District or Municipal
Separate Storm Sewer System (MS4) area. No ditches or railroads are on
or adjacent to this property. 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.
F. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The parcel is primarily designated as "Farmland of statewide
importance" with low -slope (1-3%), loamy sand soils. The property is not
farmed or irrigated. The use of the property for cargo containers has no
relationship to the soil quality.
G. Section 23-2-230.6.7 — 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. Those
agency referral responses, which contained comments, provide additional
advisory information and conditions regarding designing and operating the
site to protect the interests of the County, public and other governmental
agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Valentin Gasca-Lopez, for a Site Specific Development
Plan and Use by Special Review Permit, USR22-0001, for six (6) cargo containers 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 applicant shall submit the required building permits for cargo
containers. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
B. The applicant shall acknowledge the comments of Weld County Zoning
Compliance, as stated in the referral, dated January 3, 2022. Evidence of
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such shall be submitted, in writing, to the Weld County Department of
Planning Services.
C. The applicant shall acknowledge the advisory comments of the Fort Lupton
Fire Protection District, as stated in the referral, dated January 3, 2022.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall acknowledge the advisory comments of Xcel Energy,
as stated in the referral, dated January 31, 2022. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0001
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label any existing and proposed
structures including the location of the proposed cargo containers
and any other site improvements and surfaces.
5) The applicant shall show and label any landscaping, fencing, and
gating.
6) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries, wellheads, and encumbrances, if
applicable. Setback requirements are located in Section 23-3-70.E
of the Weld County Code.
7) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
8) County Road 18 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 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.
9) The applicant shall show and label the approved access location,
approved access width, and the appropriate turning radii, on the site
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plan. The applicant must obtain an Access Permit in the approved
locations prior to receiving the Building Permit.
10) The applicant shall show and label the drainage flow arrows.
11) 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of May, A.D., 2022.
ATTEST: C�(.dd ./x&o:ok
Weld County Clerk tothe Board
Deputy Clerk to the
APP' • D A
County Attorney Date of signature: U1 1312 -Z
3 1 Z Z
BOARD OF COUN
WELD !/AUNT
COMMISSIONERS
COLORADO
Scott K. James, Chair
EXCUSED
Mike Frgeman, Pro-Tem
Perry L. Buck
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VALENTIN GASCA-LOPEZ
USR22-0001
1 A Site Specific Development Plan and Use by Special Review Permit, USR22-0001, is for
six (6) cargo containers in the A (Agricultural) Zone District
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
4. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
5. 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.
6. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
7 Prior to the release of Building Permits, the applicant shall be required to submit a
complete Access application for a "preliminarily approved" access location as shown on
this plat.
8. The historical flow patterns and runoff amounts on the site will be maintained.
9. Building Permits shall be required for any new construction or setup of a manufactured
structure (buildings and/or structures), per Section 29-3-10 of the Weld County Code. A
Building Permit application must be completed and submitted. Buildings and structures
shall conform to the requirements of Chapter 29 of the Weld County Code, and the
adopted codes at the time of permit application. Currently, the following have been
adopted by Weld County: 2018 International Building Codes, 2018 International Energy
Code, and 2020 National Electrical Code.
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.
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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.
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. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final and the Use by Special Review Permit is vacated.
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. 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.
17. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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.
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