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.
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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
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