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Maxwell Nader
Case Number: USR21-0001
Applicant:
Address:
Request:
Legal
Description:
Location:
Size of Parcel:
USE BY SPECIAL REVIEW
STAFF COMMENTS
Hearing Date: February 16, 2021
Zachary James Frank & Brandi Renae McCleary
16410 Casler Avenue Fort Lupton, CO 80621
A Site Specific Development Plan and Use by Special Review Permit for accessory
buildings with gross floor area larger than four percent (4%) of the total lot area in a
subdivision or historic townsite in the A (Agricultural) Zone District.
Lot 3 of Block 76 of the 3rd filing of Aristocrat Ranchettes; being a part of the SW4 of
Section 26, Township 2, Range 66 West of the 6'h P.M., Weld County, Colorado
South of and adjacent to Casler Avenue; approximately 240 feet east of Jade Street
+/- 1 acres
Parcel No. 1309-26-3-07-003
The criteria for review of this Special Review Permit is 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:
Fort Lupton Fire Protection District, referral dated January 21, 2021
Weld County Department of Public Works, referral dated January 7, 2021
State of Colorado, Division of Water Resources, referral dated January 7, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated January 5, 2021
Weld County Department of Public Health and Environment, referral dated January 20, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
Y City of Fort Lupton
Y Platte Valley Conservation District
Y Weld County Department of Building Inspection
USR21-0001, Zachary James Frank & Brandi Renae McCleary, Page 1 of 8
CASE SUMMARY:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for
accessory buildings with gross floor area larger than four percent (4%) of the total lot area in a subdivision.
The lot is approximately one (1) acre and the combined accessory structure size is restricted to 1,834
square feet. This size restriction may be exceeded if the applicant is approved for a Use by Special Review
permit per Section 23-3-60.A of the Weld County Code.
There is currently only a house on -site, therefore, the applicant has the entire 1,834 square feet for an
accessory structure available to them. The applicant wishes to build an accessory structure (garage). As
stated, the four percent (4%) requirement currently allows 1,834 square feet and the proposed structure
will be 2,400 square feet. The 4% requirement is exceeded by approximately 566 square feet or is
approximately 5% of the total lot area.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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. 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 22-2-10.6 of the Weld County Code states: "Respecting Private Property Rights.
One of the basic principles upon which the United States 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 ability to permit an accessory structure with a footprint larger than the size allowed by
right on one property is permittable through the Use by Special Review process. This
permitting process takes many factors in to consideration such as location, what the use is
and the impact it will have on the surrounding properties. This proposed use is not for a
business but for personal use.
Section 23-2-30.C.2 of the Weld County Code 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 proposed application does not negatively impact the surrounding properties and the
character of surrounding area. The proposal is located in the Aristocrat Ranchette
Subdivision which is made up of approximately one (1) acre lots. Many of the lots have
houses and garages on them, typical of a residential area. The proposal will not add any
commercial component to the property and the proposed garage will be used for personal
use.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. — Intent, of the Weld County Code 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
USR21-0001, Zachary James Frank & Brandi Renae McCleary, Page 2 of 8
agricultural production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses." The proposal is
compatible with the surrounding properties and doesn't interfere with Agricultural activities.
There are several USRs within the Aristocrat Ranchette community, including USRs for
4% of accessory structures.
Section 23-3-60.A — Uses by special review, of the Weld County Code states, "Accessory
buildings with gross floor area larger than four (4) percent of the total Lot area." This code
section allows the applicant to apply for the subject USR.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The subject property does not currently have a Use by Special Review Permit on it. There
is a residence on site. There are several Use by Special Review permits within one (1) mile
of the subject property with most being within Aristocrat Ranchette. Including but not limited
to one (1) 300' telecommunication tower, one (1) public utility water system, one (1)
concrete repair business, one (1) auction site, one (1) oil and gas support and service, one
(1) auto repair business, four (4) accessory structures over four percent (4%), and five (5)
kennels.
The Weld County Department of Planning Services sent notice to thirty-six (36)
surrounding property owners within five hundred (500) feet. No correspondence was
received back from surrounding property owners regarding the proposed application.
There were no emails or phone calls received regarding the proposed application.
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.
This site is located within the three (3) mile referral area of the City of Fort Lupton. Fort
Lupton did not return a referral.
The site is located within the Fort Lupton Coordinated Planning Agreement (CPA) area. As
part of the pre -application process a Notice of Inquiry Form was provided to the City of Fort
Lupton. The City of Fort Lupton did not return a signed Notice of Inquiry form. The site is
not located in an Urban Growth Boundary (UGB) of a municipality.
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 located within the A -P (Airport) Overlay District, Geologic Hazard
Overlay District, a Special Flood Hazard Area or Municipal Separate Storm Sewer System
(MS4) area.
Building Permits issued on the lot 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 soil designation for the site is "Other Land" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The site is not being used for agricultural
USR21-0001, Zachary James Frank & Brandi Renae McCleary, Page 3 of 8
production and the small lot size is not suitable for farming and therefore will not being
taking any agricultural land out of production.
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR21-0001 (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. Patrick Street is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet
of right-of-way. 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. If the right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-
90, the required setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This road is maintained by
Weld County. (Department of Public Works)
5. Casler Avenue is an unmaintained road in the Aristocrat Ranchettes subdivision. Platted
right-of-way appears to exist for this road. The existence of a physical road does not
imply public right-of-way and the road may be located on private property. All right-of-
way should be verified, and physical roads located in relationship to the public right-of-
way to ensure trespassing does not occur. The applicant shall verify the existing right-
of-way and the documents creating the right-of-way and this information shall be noted
on the site plan or plat. The applicant shall delineate on the site map or plat the existing
platted right-of-way and physical location of existing or proposed roads. If the right-of-
way cannot be verified it shall be dedicated or an adequate easement between
property owners shall be provided. Pursuant to the definition of setback in the Weld
County Code, Sec. 23-1-90, the required setback is measured from the future right-of-
way line. Be aware the physical roadway(s) may not be centered in the right-of-way.
This road is NOT maintained by Weld County and should be labeled as such on the
site plan. (Department of Public Works)
6. Show and label the approved access location and the unmaintained right-of-way used
to access this location. The applicant must obtain an access permit in the approved
location prior to construction. (Department of Public Works)
7. Show and label the drainage flow arrows. (Department of Public Works)
USR21-0001, Zachary James Frank & Brandi Renae McCleary, Page 4 of 8
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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. An access permit for one access location shall be obtained. (Department of Public Works)
5 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)
USR21-0001, Zachary James Frank & Brandi Renae McCleary, Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Zachary James Frank & Brandi Renae McCleary
USR21-0001
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0001, for accessory
buildings with gross floor area larger than four percent (4%) of the total lot area in a subdivision or
historic townsite 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 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. (Department of Public Works)
4. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
6. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
7. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
10. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
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.
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.
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.
USR21-0001, Zachary James Frank & Brandi Renae McCleary, Page 6 of 8
14. 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 person 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.
15. 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
USR21-0001, Zachary James Frank & Brandi Renae McCleary, Page 7 of 8
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.
USR21-0001, Zachary James Frank & Brandi Renae McCleary, Page 8 of 8
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
January 21, 2021
McClery Brandi
16410 Casler Avenue
Fort Lupton, CO 80621-4412
Subject: USR21-0001 - A Site Specific Development Plan and Use by Special Review Permit for
accessory buildings with gross floor area larger than four percent (4%) of the total lot area in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
LOT 3 BLOCK 76 ARISTOCRAT RANCHETTES 3RD FILING, BEING PART OF SECTION 26, T2N, R66W of
the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 16, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 10, 2021
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
Respectfully,
/
Maxwell Nader
Planner
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