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LAND USE APPLICATION
SUMMARY SHEET
GCUNTY
Planner: Maxwell Nader Hearing Date: October 5, 2021
Case Number: USR21-0012
Applicant: Camila Vanesa Lopez and Yoemni Ortega Marrero
Address: 18514 County Road 12, Fort Lupton, CO 80621
Request: A Site Specific Development Plan and Use By Special Review Permit for more than
the number of semi-trailers as accessory storage allowed by right or by permit, up to
two (2) semi-trailers per legal lot, outside of subdivisions and historic townsites in the
A(Agricultural)Zone District.
Legal Lot A of Recorded Exemption RE-1841, being a part of the NE4 of Section 7,
Description: Township 1, Range 65 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 12; approximately 0.50 miles east of County
Road 37
Size of Parcel: +1-20.8 acres Parcel No. 1473-07-1-00-030
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:
City of Fort Lupton, referral dated July 13, 2021
Weld County Zoning Compliance, referral dated July 12, 2021
Weld County Department of Public Works, referral dated August 3, 2021
State of Colorado, Division of Water Resources, referral dated July 15, 2021
Weld County Department of Public Health and Environment, referral dated August 4, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Hudson Fire Protection District, referral dated July 20, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Hudson
Y Town of Lochbuie
Y Platte Valley Conservation District
USR21-0012, Camila Vanesa Lopez and Yoemni Ortega Marrero, Page 1 of 8
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for more
than the number of semi-trailers as accessory storage allowed by right or by permit, up to two (2) semi-
trailers per legal lot. The semi-trailers will be used for personal storage. The semi-trailers will be parked
next to the outbuilding on site which will be utilized as screening on site, but a condition of approval has
been added to ensure the semi-trailers are screened from surrounding property owners and Public of way.
This site does have an active Zoning Violation (ZCV21-00142). This violation was initiated due to the
addition of the storage of multiple semi-trailers without first obtaining the appropriate land use permits as
well as the presence of a mobile home without the appropriate Weld County Zoning Permits. The
unpermitted mobile home has been removed from the property. This case has not been forwarded to the
County Attorney's Office.
If the application is approved by the Board of County Commissioners and once the applicant completes all
Conditions of Approval and submission a final and approved map for recording, the Zoning Violation
(ZCV21-00142)would be closed as compliant.
If this application is denied, staff asks the Board of County Commissioners to refer this Zoning Violation
(ZCV21-00142) case to the County Attorney's Office, but to delay legal action for 30 days in order to allow
the applicant time to remove all but 1 (one) semi-trailer, as allowed as an Accessory Use in the Agricultural
Zone District without any permits.
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.B— Guiding Principles. 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 utilize 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 more than the allowed semi-trailers 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 proposal is only for the purpose of storing personal items. There is not a business on
site. This proposal will not increase the impact to the surrounding properties and is
correcting an existing violation. The existing screening will be fixed and the Development
Standards, and the Conditions of Approval will assist in mitigating the impacts to the
surrounding properties.
USR21-0012, Camila Vanesa Lopez and Yoemni Ortega Marrero, Page 2 of 8
Section 22-2-30.A.1. — Commit to the Economic future of agriculture. States, "Land use
changes should not inhibit agricultural production nor operations."
The twenty (20) acre size of the property could potentially be used for grazing land or
farmland but is currently not being utilized for this. If the property was to be used for
agricultural production the proposed use would not negatively impact that use. The
proposed location of the six (6) semi-trailers is located on already disturbed ground could
not be utilized for grazing or farming, so the property owner could effectively have both
uses on the subject property.
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, "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater impact than Uses
Allowed by Right." This code section allows the applicant to apply for a USR (Use by
Special Review) Permit.
Section 23-3-40.EE.-- Uses by special review, of the Weld County Code allows for a "More
than the number of semi-trailers as accessory storage allowed by right or by permit"in Lots
outside of a subdivision and historic townsite in the(A)Agricultural Zone District.This code
section allows the applicant to apply for the semi-trailers.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
There are several USRs within one mile of the site. To the west of the subject property
there is one (1) single family residence, CUP-38; one (1) kennel, USR-722; two (2) home
businesses, USR-1115 and USR-1715; and two (2) open pit mining operations, SUP-
460AM and USR-1367. To the north of the subject property there is one (1) horse training
and boarding facility, USR-742; one (1) greyhound training track, USR-670; and one (1)
home business, USR-942. To the east of the subject property there is (1)auto repair shop,
USR-1065; and one (1) livestock confinement operation, MUSR14-0032; and one (1)
agricultural services establishment, USR18-0102.
The Weld County Department of Planning Services sent notice to nine (9) surrounding
property owners within five-hundred (500) feet of the subject property. Staff received one
(1) surrounding property owner response. The concerns outline in the response was that
there was a business on site and it was more than just parking of semi-trailers.
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.
The site is located within a three (3) mile referral area of the City of Fort Lupton and the
Towns of Hudson and Lochbuie. The Towns of Hudson and Lochbuie did not return a
referral. The City of Fort Lupton returned a referral on July 13, 2021 that commented on
the rights of way identification for the final map but did not have any concerns with the
proposal.
The site is also located within the Intergovernmental Agreement Area (IGA) of the City of
Fort Lupton. The City of Fort Lupton stated they had no concerns with the request.
USR21-0012, Camila Vanesa Lopez and Yoemni Ortega Marrero, Page 3 of 8
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 within the Special Flood Hazard Area, Geologic Hazard Overlay District,
Airport Overlay District or the 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 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The property is located on approximately twenty (20) acres designated as "Farmland of
statewide importance" The proposed use is minor and is not disturbing any new ground
therefore impact to the soils will not occur.
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 USR21-0012 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
2. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
3. The map shall delineate the screening used for the semi-trailers. This screening will
ensure the semi-trailers are screened from all adjacent properties and public rights-of-
way. (Department of Planning Services)
4. County Road 12(westward from a point located approximately 2,765 feet east of County
Road 37) is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the USR map existing right-of-way (along
with the creating documents) and the physical location of the road. All setbacks shall
be measured from the edge of right-of-way. This portion of County Road 12 is
maintained by Weld County. (Department of Public Works)
5. County Road 12 Section Line (eastward from a point located approximately 2,765 feet
east of County Road 37) is shown to have 60 feet of unmaintained section line right-
of-way per the Weld County GIS right-of-way map. The applicant shall delineate the
USR21-0012, Camila Vanesa Lopez and Yoemni Ortega Marrero, Page 4 of 8
existing right-of-way on the USR map and label the section line right-of-way as "CR 12
Section Line Right-Of-Way, not County maintained." All setbacks shall be measured
from the edge of right-of-way. (Department of Public Works)
6. Show and label the two existing access locations on the map. Label each access as
"Existing Residential Access". (Department of Public Works)
7. Show and label the entrance gate(s) if applicable. An access approach that is gated
shall be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
8. Show and label the drainage flow arrows. (Department of Public Works)
9. Show and label the parking and traffic circulation. (Department of Public Works)
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)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
6. 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)
USR21-0012, Camila Vanesa Lopez and Yoemni Ortega Marrero, Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Camila Vanesa Lopez and Yoemni Ortega Marrero
USR21-0012
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0012, for more than the
number of semi-trailers as accessory storage allowed by right or by permit, up to two (2) semi-trailers
per legal lot outside of subdivisions and historic townsites 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. There shall only be no more than six (6) semi-trailers on site. (Department of Planning Services)
4. The parking area on the site shall be maintained. (Department of Planning Services)
5. The existing screening on the site shall be maintained. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
9. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
11. Any On-site Wastewater Treatment system located on the property must comply with all provisions of
the Weld County Code, pertaining to On-site Wastewater Treatment Systems. (Department of Public
Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, if required
for business use. The well permitted as 44275 cannot be used for business use unless repermitted to
commercial. (Department of Public Health and Environment)
13. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
14. 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)
15. 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)
USR21-0012, Camila Vanesa Lopez and Yoemni Ortega Marrero, Page 6 of 8
16. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
17. 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)
18. 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)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
21. 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, 2018 International Energy
Code, and 2020 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)
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
24. 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.
25. 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.
26. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated.
27. This 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.
28. 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
USR21-0012, Camila Vanesa Lopez and Yoemni Ortega Marrero, Page 7 of 8
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.
29. 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
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.
USR21-0012, Camila Vanesa Lopez and Yoemni Ortega Marrero, Page 8 of 8
DEPARTMENT OF PLANNING SERVICES
_ 1555 N 17th AVE
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h � —� GREELEY, CO 80631
— -- .1.111r�i ' WEBSITE: www.weldgov.com
i � E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
August 24, 2021
LOPEZ CAMILA VANESA
18514 COUNTY ROAD 12
FORT LUPTON, CO 806218506
Subject: USR21-0012 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
FOR SIX (6) SEMI TRAILERS IN THE A (AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
LOT A REC EXEMPT RE-1841; PART NE4 SECTION 7, TIN, R65Wof the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 5, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 20, 2021
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 0 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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