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HomeMy WebLinkAbout20190926.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS 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: USR18-0101 ATILANA RETANA MICHAEL HALL 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, 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 FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LOT 3 BLOCK 21 ARISTOCRAT RANCHETTES 1ST FILING, PART OF SECTION 27, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO NANCY AVENUE, APPROXIMATELY 0.04 MILES EAST OF RICHARD 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. 2. It is the opinion of 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 22-2-20.D.- A. Goal 4. States, "Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials." The application materials explain that the purpose of the structure is to store miscellaneous equipment and will promote a clean property where such items are able to be stored indoors and kept out of the view from the public. Section 22-2-20.H.5 - A. Policy 8.5. states, "The land use applicants should demonstrate that public service providers, such as hut not limited to schools, emergency services and fire protection, are informed of the proposed development and are given adequate opportunity to comment on the proposal." The USR application was sent to ten (10) referral agencies. The referral agencies had 28 days to review this USR and five (5) submitted response of 'no concerns' and three (3) submitting comments or conditions that are incorporated as Conditions of Approval or Development Standards in the staff recommendation. No referral agencies responded with concerns or were in opposition. 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." Section 23-3-40.Q. -- Uses by special review, of the Weld County Code allows, "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." RESOLUTION USR18-0101 ATILANA RETANA PAGE 2 Based on these two code Sections, the applicant is eligible to apply for a Use by Special Review to permit the subject structure. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of one (1) acre residential lots, all platted within Aristocrat Ranchettes 181 Filing. There are eight (8) lots located in Block 21 of the subdivision. All adjacent lots contain residences and the subject property including the subject structure is compatible with the surrounding properties. The applicant does not own any other contiguous land. The Weld County Department of Planning Services sent notice to thirty-two (32) surrounding property owners within 500 feet of the proposed USR boundary. No responses were received back. The applicants sent notice of the USR to surrounding properties, via letter dated August 21, 2018. Eleven (11) letters were included in the application materials from neighbors that voiced their support or no concerns with the structure. There are numerous USRs within one mile of this site. Within Aristocrat Ranchettes 181 Filing, there are five (5) USRs. USR-658 for an auction site is to the west. USR-1168 for an oil and gas support and service business is to the west. SUP -473 for a 30 dog kennel is directly to the northeast. USR17-0005 for an animal training facility is to the east. USR16-0038 for a rescue and boarding kennel is to the east. 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. The Fort Lupton referral response, dated September26, 2018, had no comments or concerns with this proposal. The site is located within the Fort Lupton Coordinated Planning Agreement (CPA) area. As part of the pre -application process, Fort Lupton submitted signed Notice of Inquiry form, which stated that they did not have annexation interest. The site is not located in a Regional Urbanization Area (RUA) or 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 within the A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special Flood Hazard Area or 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. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the 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 site contains soils designated as "Other per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The subject site is not used for agricultural purposes and will not further remove any active farm ground from production. The USR is located on within a developed residential subdivision. RESOLUTION USR18-0101 ATILANA RETANA 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. Prior to recording the map: A. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0101. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) Show and label the location of existing buildings including the subject 2,340 square foot structure. (Department of Planning Services) 5) Show and label all recorded easements and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) 6) Nancy Avenue 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 on the site plan the existing right-of-way. Right-of-way is designated on the Aristocrat Ranchettes Subdivision plat, Clerk and Recorded reception number 1348004. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 7) Show and label the approved access locations, approved access width and the appropriate turning radii (25 feet) on the site plan. (Department of Public Works) 8) Show and label the entrance gate 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) 9) The applicant shall show the drainage flow arrows. (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) RESOLUTION USR18-0101 ATILANA RETANA PAGE 4 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map 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. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map 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 Elijah Hatch. VOTE: For Passage Against Passage Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Absent Bruce Johnson Bruce Sparrow 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 Commissioner's for further proceedings. CERTIFICATION OF COPY I, Michelle Wall, 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 19, 2019. Dated the 19th of February, 2019 ,-/rteawtee, Wea-e- Michelle Wall Secretary RESOLUTION USR18-0101 ATILANA RETANA PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Atilana Retana USR18-0101 1. 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, 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, 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 shall control noxious weeds on the site. (Department of Public Works) 4. The access on 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. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 9. Any septic 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) 10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 11. Activity or use on the surface of the ground over any part of the septic system must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. (Department of Public Health and Environment) 12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 13. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2014 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) RESOLUTION USR18-0101 ATILANA RETANA PAGE 6 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. RESOLUTION USR18-0101 ATILANA RETANA PAGE 7 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. pC n(11(1U+CS DLO z_b\ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 19, 2019 EXHIBIT �St\ -O1Ot 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, Michael Wailes, at 12:30 pm. Roll Call. Present: Michael Wailes, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland. Absent: Bruce Sparrow, Bruce Johnson. Also Present: Kim Ogle, Chris Gathman, Michael Hall. Angela Snyder, and Maxwell Nader, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works: Bob Choate, County Attorney, and Michelle Wall, Secretary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR18-0101 ATILANA RETANA MICHAEL HALL 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, 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 FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LOT 3 BLOCK 21 ARISTOCRAT RANCHETTES 1ST FILING, PART OF SECTION 27. T2N. R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO NANCY AVENUE. APPROXIMATELY 0.04 MILES EAST OF RICHARD STREET. Michael Hall, Planning Services. presented Case USR18-0101, reading the recommendation and comments into the record. The property has active zoning and building violations ZCV18-00142 and BCV18-00008. Since the zoning and building permit violations were initiated, the applicant has submitted a building permit AGR18-0031 which is on hold until the subject USR has been approved. Eleven letters from neighbors were included in the original application materials that voiced support or had no concerns with the structure. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Wailes asked Staff if the USR is approved, is there a limit to how many buildings the property can have. Staff explained the USR would blanket permit the property to exceed the 4% Rule but has no limitations. Hayley Balzano, 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. Ramon Retana 15508 Nancy Avenue. Fort Lupton, Colorado, explained that his sister owns the property and his mother and father live in the house. They do not plan on building any additional buildings on the property. Ramon's father stores his bales of hay, has one cow and some chickens. His father has a pickup, a trailer, and a skid -steer loader on the property for Ag use. 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 USR18-0101 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 Elijah Hatch. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Absent: Bruce Johnson, Bruce Sparrow. Commissioner Cope stated he felt the applicant meets all the criteria in Section 23-2-220. Meeting adjourned at 5:51 pm. Respectfully submitted, Michelle Wall Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS : EMAIL John Doe 123 Nowhere Street, City, State, Zip .1\, f G rgr A- i-iitnisA5Lie, - rett -t, 4.1' (1.5".- a t. Nk, . tit,. , Luc 11/4stosal. c_t) %oe.2,:t _.... kcego„ linntib • J'' - * , C. \ttel(Vt- - ~~- Cs - CI C1/441/4t"IL"1... a) . VJ . -• I - .•- _ . . t 4,Ak , r r f j rc 1 11- Saks err Atc I CI., Li,,+ Lic lev 4 . �,,r. 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