HomeMy WebLinkAbout20193690.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson. 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:
U SR19-0031
CHRISTOPHER AND DEBRA CARPENTER
MAXWELL NADER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
P ERMIT 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
LOT 6 BLOCK 22 ARISTOCRAT RANCHETTES INC. BEING PART OF SECTION
27, T2N, R6W OF THE 6T" P.M., WELD COUNTY, COLORADO.
N ORTH OF AND ADJACENT TO CAROLINE AVE, APPROXIMATELY 230 FEET
EAST OF HENRY 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 the 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 structures is to store personal items
from the weather and from public view. The overall goal is to keep it a clean and orderly
property. The application materials also state the plan to replace the existing chain link fence
with metal fencing to help screen the structures.
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."
Based on the above Code section the applicant is eligible to apply for a Use by Special
Review to permit the numerous structures.
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 1st Filing; with the exception of the southern lots that are platted within Aristocrat
RESOLUTION USR19-0031
CHRISTOPHER AND DEBRA CARPENTER
PAGE 2
Ranchettes 2nd Filing There are eight (8) lots located in Block 22 of the subdivision All
adjacent lots contain residences and the subject property including the subject structures is
compatible with the surrounding properties
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 and three (3) notices came back as "unable to deliver" The applicants held a
community meeting in regard to their violation Four (4) surrounding property owners
attended the meeting The meeting resulted in no complaints or opposition of the USR
There are a number of Use By Special Review permits within one (1) mile of this site There
are seventeen (17) USR Permits within the Aristocrat Ranchettes 1st and 2nd Filings There
are six (6) for kennels, two (2) for accessory buildings, two (2) for home businesses, two (2)
for public utility, one (1) for an oil and gas support service and one (1) for an auction site
Additionally, USR18-0101, located northwest of the subject property was approved by the
BOCC on March 13th, 2019 for structures exceeding the 4% rule
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 Fort
Lupton did not return a referral
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 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 in a developed residential subdivision
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
RESOLUTION USR19-0031
CHRISTOPHER AND DEBRA CARPENTER
PAGE 3
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 plat
A The plat shall be amended to delineate the following
1 All sheets of the map shall be labeled USR19-0031 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 Show and label the location of all existing buildings (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 Caroline 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 and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road 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') on the site plan The applicant must obtain an access
permit in the approved location(s) (Department' of Public Works)
8 Show and label 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)
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)
4 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)
RESOLUTION USR19-0031
CHRISTOPHER AND DEBRA CARPENTER
PAGE 4
Motion seconded by Elijah Hatch
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
Gene Stdle
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 July 2, 2019
Dated the 2nd of July, 2019
Michelle Wall
Secretary
RESOLUTION USR19-0031
CHRISTOPHER AND DEBRA CARPENTER
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Christopher and Debra Carpenter
USR19-0031
1 A Site Specific Development Plan and Use by Special Review Permit, USR19-0031, for 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 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)
4 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)
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 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)
9 A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Department of
Public Health and Environment)
10 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)
11 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)
12 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 2014
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)
13 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
RESOLUTION USR19-0031
CHRISTOPHER AND DEBRA CARPENTER
PAGE 6
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
14 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
15 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
16 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 agncultural 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
RESOLUTION USR19-0031
CHRISTOPHER AND DEBRA CARPENTER
PAGE 7
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, terntonal 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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EXHIBIT
lB
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 2, 2019
1/4).St-\5 - 003
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, Bruce Sparrow, Bruce Johnson, Tom Cope. Lonnie Ford, Richard Beck, Elijah
Hatch, Skip Holland.
Absent: Gene Stille.
Also Present: Kim Ogle, Chris Gathman, Angela Snyder, and Maxwell Nader, Department of Planning
Services; Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney,
and Michelle Wall, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR19-0031
CHRISTOPHER AND DEBRA CARPENTER
MAXWELL NADER
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
P RIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
S UBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LOT 6 BLOCK 22 ARISTOCRAT RANCHETTES INC. BEING PART OF SECTION
27, T2N, R6W OF THE 6T" P.M.. WELD COUNTY. COLORADO.
N ORTH OF AND ADJACENT TO CAROLINE AVE: APPROXIMATELY 230 FEET
EAST OF HENRY STREET.
Maxwell Nader, Planning Services, presented Case USR19-0031. reading the recommendation and
comments into the record. Environmental Health was not present; therefore, staff reviewed the public water
and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Evan Pinkham. Public Works. reported on the existing traffic, access to the site and drainage conditions for
the site.
Debbie and Christopher Carpenter, 15647 Caroline Ave, Fort Lupton, Colorado. Ms. Carpenter explained
that they purchased the property with all the buildings already on it. They were not aware that the property
exceeded the 4% rule until they received the notice of violation. Ms. Carpenter said they added a couple
carports to the property.
Commissioner Hatch asked staff if the carports are included in the calculation of exceeding the 4% rule.
Staff said it is included.
Commissioner Holland asked the applicant if they obtained building permits for the carports. Ms. Carpenter
said they did not; they were told by the company that installed the carports that permits were not needed.
Staff explained that any structure under 200 ft does not require a building permit.
Commissioner Wailes asked staff is the complaint was from a citizen. Staff answered yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Anita Owens. 7702 Hart Street, Fort Lupton, Colorado. Ms. Owens asked the applicant why they need
such a big building in addition to what they already have.
The Chair explained they are not adding any additional buildings Commissioner Wailes explained the
applicant is trying to get the existing buildings and land use permitted
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 USR19-0031 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 Bruce Johnson, Seconded by Elijah Hatch
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Bruce Johnson, Bruce Sparrow, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope
Meeting adjourned at 2 49 pm
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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