HomeMy WebLinkAbout20210651.tiffEXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONER
Moved by Tom Cope, 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
USR21-0001
ZACHARY FRANK AND BRANDI IV'CCLEARY
MAXWELL NADER
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.
LOT 3 BLOCK 76 ARISTOCRAT RANCHETTES 3R° FILING: BEING PART OF
SECTION 26. T2N. R66W OF THE 6TH P M , WELD COUNTY. COLORADO.
SOUTH OF AND ADJACENT TO CASLER AVE: APPROXIMATELY 240 FEET
EAST OF JADE STREET
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.
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 22-2-10.B 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.
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 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
RESOLUTION USR21-0001
ZACHARY FRANK AND BRANDI MCCLEARY
PAGE 2
surrounding properties and doesn't interfere with Agncultural 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 Distrct, 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
agncultural land in the locational decision for the proposed use
The sod 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
production and the small lot size is not suitable for farming and therefore will not being taking
any agricultural land out of production
RESOLUTION USR21-0001
ZACHARY FRANK AND BRANDI MCCLEARY
PAGE 3
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 Pnor 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 Patnck 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 nght-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 venfied 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 nght-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 pnvate 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 nght-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 nght-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 nght-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)
RESOLUTION USR21-0001
ZACHARY FRANK AND BRANDI MCCLEARY
PAGE 4
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 electncal 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)
Motion seconded by Skip Holland
VOTE
For Passage
Tom Cope
Gene Stifle
Lonnie Ford
Eluah Hatch
Skip Holland
Against Passage Absent
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
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 February 16, 2021
Dated the 16"' of February, 2021
Kristine Ranslem
Secretary
RESOLUTION USR21-0001
ZACHARY FRANK AND BRANDI MCCLEARY
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Zachary James Frank & Brandl 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 beanng 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
RESOLUTION USR21-0001
ZACHARY FRANK AND BRANDI MCCLEARY
PAGE 6
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 nghts 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
agncultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agncultural 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
Agncultural 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 agncultural producers to utilize an
accumulation of agncultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agncultural matenals 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 agncultural 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 pnonties mean that
roads from subdivisions to artenals 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 irrgation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, terntonal farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
RESOLUTION USR21-0001
ZACHARY FRANK AND BRANDI MCCLEARY
PAGE 7
but also for the protection of the farmer's livelihood
•
PC min uvits
.a./itp) ow\
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 16, 2021
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, Gene Stille, Lonnie Ford. Skip Holland. Tom Cope.
Absent/Excused: Butch White, Dwaine Barclay, Sam Gluck, Troy Mellon.
Also Present: Chris Gathman. Angela Snyder, and Maxwell Nader, Department of Planning Services;
Lauren Light. Department of Health; Mike McRoberts, IV'elissa King. and Zack Roberson, Department of
Public Works: Bob Choate and Karin McDougal, County Attorney, and Kris Ranslem. Secretary.
CASE NUMBER:
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION:
USR21-0001
ZACHARY FRANK AND BRANDI MCCLEARY
MAXWELL NADER
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.
LOT 3 BLOCK 76 ARISTOCRAT RANCHETTES 3R° FILING: BEING PART OF
SECTION 26. T2N. R66W OF THE 6TH P.M., WELD COUNTY, COLORADO
SOUTH OF AND ADJACENT TO CASLER AVE; APPROXIMATELY 240 FEET
EAST OF JADE STREET.
Maxwell Nader. Planning Services, presented Case USR21-0001. reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
IVeiissa King. Public Works, reported on the existing traffic. access to the site and drainage conditions for
the site.
Lauren Light Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Zachary Frank, 16410 Casler Avenue. Fort Lupton. stated that the proposed 60x40 building is to be used
for personal storage of car collection.
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.
Motion: Forward Case USR21-0001 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 Tom Cope, Seconded by Skip Holland.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch. Gene Stille. Lonnie Ford, Skip Holland, Tom Cope
Meeting adjourned at 2:42 pm.
Respectfully submitted.
4-5\A:M1/11- 194t
Kristine Ranslem
Secretary
1
ATTENDANCE RECORD
NAME
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