HomeMy WebLinkAbout20190925.tiffRESOLUTION
RE APPROVE 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
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 13th day of
March, 2019, at the hour of 10 00 a m , in the Chambers of the Board, for the purpose of hearing
the application of Atilana Retana, 15508 Nancy Avenue, Fort Lupton, CO 80621, 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, on the following described real estate, being more particularly described as follows
Lot 3, Block 21, Aristocrat Ranchettes, 1st filing,
being part of Section 27, Township 2 North, Range
66 West of the 6th P M , Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Ramon Retana, 15508
Nancy Avenue, Fort Lupton, Colorado, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230 B of the Weld County Code as follows
A Section 23-2-230 B 1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect
1) Section 22-2-20 D (A Goal 4) states "Promote a quality
environment which is free of derelict vehicles, refuse, litter and other
unsightly matenals " The application materials explain the purpose
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SPECIAL REVIEW PERMIT (USR18-0101) - ATILANA RETANA
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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.
2) Section 22-2-20.H.5 (A. Policy 8.5) states: "The land use applicants
should demonstrate that public service providers, such as but 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 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 -- Intent, states, in part: "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."
2) 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 these two
code Sections, the applicant is eligible to apply for a Use by Special
Review to permit the subject structure.
C. Section 23-2-230.B.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. 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 (1) mile of this site. Within Aristocrat Ranchettes 1st Filing, there are
five (5) USRs. USR-658, for an auction site, is to the west. USR-1168, for
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SPECIAL REVIEW PERMIT (USR18-0101) - ATILANA RETANA
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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 23-2-230.6.4 -- 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
September 26, 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 a 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 23-2-230.6.5 -- 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, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- 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 within a
developed residential subdivision.
G. Section 23-2-230.6.7 -- 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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, on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
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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.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label the location of existing buildings,
including the subject 2,340 square -foot structure.
5) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
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 the existing right-of-way on the site plan. 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 the right-of-way. This road is maintained
by Weld County.
7) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (25 feet)
on the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or 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.
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 be added for each additional three (3)
month period.
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4. No building or electrical permits shall 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of March, A.D., 2019.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk t the Board
AP AS TO F
Cou`e.•i% orney
Date of signature: y Iq%I
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
arbara Kirkmeyed, Chair
Mike Freeman, Pro-Tem
C-7
P. Conw
James
/
Steve Moreno
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PL2642
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ATILANA RETANA
USR18-0101
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0101, is
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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
4. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
5. 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.
6. The historical flow patterns and runoff amounts on the site will be maintained.
7. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Wastewater Treatment Systems.
8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
9. 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.
10. A building permit 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, 2017 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.
11. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
12. 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.
13. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
14. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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