HomeMy WebLinkAbout20190937.tiffHEARING CERTIFICATION
DOCKET NO. 2019-26
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0101, FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER
THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS DETAILED IN SECTION
23-3-30, PER BUILDING ON LOTS IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PART OF A MAP OR PLAN FIELD PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT — ATILANA RETANA
A public hearing was conducted on March 13, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
County Attorney, Bruce Barker
Planning Services Department representative, Michael Hall
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated January 28, 2019, and duly published
February 1, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of Atilana Retana, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0101, for accessory buildings with gross floor area larger than four percent (4%) of the
total lot area, as detailed in Section 23-3-30, per building on lots in an approved or recorded
subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a
matter of record.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and explained the applicant built a 2,300 square -foot, agricultural exempt structure, without a
building permit. He noted there is a detached garage and sheds that were built in the 1990's and
2000's and count toward the total lot coverage. He described the use of the buildings and stated
the violations are ZCV18-00142 and BCV18-0008. He noted the applicant had recently applied
for building permit, AGR18-0031, which is on hold until the USR is approved. Mr. Hall stated the
applicant sent a letter to surrounding property owners (SPOs) and 11 responses were received,
indicating support or no concerns. He explained the property is located within the Fort Lupton
Coordinated Planning Agreement Boundary, and the three (3) mile referral area of the City of Fort
Lupton. He displayed images of the site and surrounding properties, described surrounding
property uses, and entered the favorable recommendation of the Planning Commission into the
record as written. In response to Chair Kirkmeyer, Mr. Hall reiterated when the detached garage
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and sheds were built. In response to Commissioner Conway, Mr. Hall explained the violation was
discovered when the building permit was applied for.
• Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and mentioned the access is off of Nancy Avenue. She stated there are
no traffic counts in the area, no tracking control requirements, and the site meets a drainage
exception.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated water is provided by Aristocrat Ranchettes, the septic system is permitted
for two (2) bedrooms, and Environmental Health (EH) has three (3) Development Standards (DS)
that address water and sewer.
• Ramon Retana, represented the applicant, his sister, and stated she owns the property and
his parents live there. In response to Chair Kirkmeyer, he confirmed there is no commercial activity
occurring on the property, and his parents have lived there for four (4) to five (5) years.
• No public testimony was offered concerning this matter.
In response to Commissioner Moreno, Mr. Retana stated there is no outside lighting. Chair
Kirkmeyer suggested deleting COA #1.A.8 (entrance gate), and #1.A.9 (drainage flow arrows),
and modifying the language in COA #4 to read, "No building or electrical permits shall be issued
on the property, until..." , and the Board agreed. Also at her suggestion, the Board agreed to
delete DS #5 (parking), DS #8 (drainage maintenance), DS #12 (lighting), and DS #14 (Weld
County personnel, access to property).
• In response to Chair Kirkmeyer, Mr. Retana indicated he reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended.
▪ No public testimony was offered regarding the changes to the Conditions of Approval and
Development Standards.
• Commissioner Moreno moved to approve the request of Atilana Retana for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0101, for accessory buildings with
gross floor area larger than four percent (4%) of the total lot area, as detailed in Section 23-3-30,
per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards, as amended. The motion was seconded by
Commissioner Freeman, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:32 a.m.
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HEARING CERTIFICATION -ATILANA RETANA (USR18-0101)
PAGE 3
This Certification was approved on the 18th day of March, 2019.
BOARD OF COUNTY COMMISSIONERS
W. LD COUNTY, COLORADO
ATTEST:
ditifstA) Jcias:vk.
Weld County Clerk to the Board
BY:
Deputy Clerk
AP
y • ttorney
arbara Kirkmey=r, Chair
Mike Freeman, P�o.-Tem�
Date of signature: Iif Ict
teve Moreno
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