The URL can be used to link to this page

Browse Search

Home My WebLink About20210650.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0001, FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4°/0) OF THE TOTAL LOT AREA IN THE A (AGRICULTURAL) ZONE DISTRICT - ZACHARY FRANK AND BRANDI MCCLEARY 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 10th day of March, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Zachary Frank and Brandi McCleary, 16410 Casler Avenue, Fort Lupton, Colorado 80621, for 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 the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot 3, Block 76, Aristocrat Ranchettes, 3rd Filing; being part of Section 26, 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 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-10.6 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 (1) property is permittable through the Use by Special cc P�crrnf-r-P). PwcmK, DA), S,HCLL), CAC ©C), APP L 5 oc-i r 3o t a I 2021-0650 PL2791 SPECIAL REVIEW PERMIT (USR21-0001) — ZACHARY FRANK AND BRANDI MCCLEARY PAGE 2 Review (USR) process. This permitting process takes many factors into 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. 2) Section 23-2-30.C.2 states: "Establish residential development options based on compatibility, proximity to municipalities, and availability of services that reflect the desired density and character of that location." The proposed application does not negatively impact the surrounding properties or the character of the surrounding area. The proposal is located in the Aristocrat Ranchettes Subdivision, which is made up of approximately one (1) acre lots. Many of the lots have houses and garages on them, which is typical of a residential area. The proposal will not add any commercial component to the property and the proposed garage will be for personal use. 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." The proposal is compatible with the surrounding properties and does not interfere with Agricultural activities. There are several USRs within the Aristocrat Ranchette community, including USRs for accessory structures, which are larger than four percent (4%). 2) 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 23-2-230.B.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, but there is a residence onsite. 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 -foot 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 2021-0650 PL2791 SPECIAL REVIEW PERMIT (USR21-0001) — ZACHARY FRANK AND BRANDI MCCLEARY PAGE 3 repair business, four (4) accessory structures over four percent (4°/0), and five (5) kennels. The Weld County Department of Planning Services sent notice to 36 surrounding property owners within 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 23-2-230.B.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, which did not return a referral response. 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, which 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 23-2-230.B.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, 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 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 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 23-2-230.6.7 — 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. 2021-0650 PL2791 SPECIAL REVIEW PERMIT (USR21-0001) - ZACHARY FRANK AND BRANDI MCCLEARY PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Zachary Clark and Brandi McCleary, for 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 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 map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR21-0001. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 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 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. If the right-of-way cannot be verified, it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 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. 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 the existing platted right-of-way and physical location of existing or proposed roads on the site map or plat. 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, Section 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. 2021-0650 PL2791 SPECIAL REVIEW PERMIT (USR21-0001) — ZACHARY FRANK AND BRANDI MCCLEARY PAGE 5 6) The applicant shall 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. 7) The applicant shall show and label the drainage flow arrows. 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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required 120 days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. Prior to Construction: A. An Access Permit for one access location shall be obtained. 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 2021-0650 PL2791 SPECIAL REVIEW PERMIT (USR21-0001) — ZACHARY FRANK AND BRANDI MCCLEARY PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: didod ade4:4 Weld County Clerk to the Board BY: APP Lor ain County orney Date of signature: 04 Steve ;%reno, Chair 2021-0650 PL2791 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ZACHARY FRANK AND BRANDI MCCLEARY USR21-0001 1. The Site Specific Development Plan and Use by Special Review Permit, USR21-0001, is for Accessory Buildings with gross floor area larger than four percent (4°/0) of the total lot area in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. 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. 4. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 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. 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. 8. The historical flow patterns and runoff amounts on the site will be maintained. 9. Weld County is not responsible for the maintenance of on -site drainage related features. 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. 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 2021-0650 PL2791 DEVELOPMENT STANDARDS (USR21-0001) — ZACHARY CLARK AND BRANDI MCCLEARY PAGE 2 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. 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 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. 15. 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. 2021-0650 PL2791 Hello