HomeMy WebLinkAbout20183658.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION S l b - 40
7Q
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: USR18-0070
APPLICANT: ABELARDO VEGA & EDGAR VEGA
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN ACCESSORY BUILDINGS WITH GROSS FLOOR AREA
LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS STATED
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
LEGAL DESCRIPTION: LOT 3 ZENDT'S FARM, PART OF SECTION 10, T5N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO E 18TH STREET AND 0.6 MILES EAST OF
FERN AVENUE.
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. G - A. Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change. " And Section 22-2-20. G. 2 - A.Policy 7.2
states, "Conversion of agricultural land to nonurban residential, commercial, and industrial uses
should be accommodated when the subject site is in an area that can support such development
and should attempt to be compatible with the region. "
The applicant constructed a 18,205 square foot horse barn without building permits. The parcel
allows for an accessory building to be 10,088 square feet. The applicant would like to add a
37,500 square foot riding arena. The parcel is 5.79 acres in size and the total number of buildings
would be 1 .27 acres which would leave 4.52 acres of open land. The site will remain compatible
with the region even with the addition of the two buildings.
Based on the application materials the barn is not used for a business and about 15-20 friends
and family use the site. Also, the number of vehicle trips are estimated at thirty (30) . This USR is
for the size of the building only because according to the application materials there is no
business, the number of animal units do not exceed the By Right requirements, and the vehicle
trips do not exceed sixty (60) per day to and from the property.
Section 22-2-20.H. 8 - A.Policy 8. 3 states, "The land use applicants should demonstrate that the
roadway facilities associated with the proposed development are adequate in width, classification
and structural capacity to serve the proposed land use change. "
The Department of Public Works did not list any concerns with the roadway facilities in the referral
agency comments dated August 28, 2018.
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 "
RESOLUTION USR18-0070
ABELARDO VEGA& EDGAR VEGA
PAGE 2
The USR application was sent to thirteen (13) referral agencies. The referral agencies had 28
days to review this USR and some of them submitted response of 'no concerns' with the rest
submitting comments or conditions that are incorporated as Conditions of Approval or
Development Standards in the staff recommendation.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.Q.which allows for a Site Specific Development Plan and Use by
Special Review Permit for an accessory buildings with gross floor area larger than four percent
(4%) of the total lot area, as stated 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.
Section 23-3-10 - Intent 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."
The USR proposes to exceed the 4% restriction on accessory buildings in a subdivision. This
building is used for agricultural purposes and is in an area that can support this facility.
Additionally,the Development Standards and the Conditions of Approval will assist in mitigating
the impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region.
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 pastures, crops, and rural residences. There are 6 residences
within 150 feet of the site. The closest residence not owned by the applicant is west of and
adjacent to the site approximately 84 feet west of the western property line.
There are thirteen (13) USRs within one mile of this site. AmSUP-345 for a gravel mining
operation, USR-1097 for an art gallery, USR-926 for RV storage, and USR14-0023 for mineral
resource development. USR-938 for a roping arena, SUP-362 for a wastewater treatment plant,
and SUP-476 for trailer sales are all located east of the site. USR-755 for plastic products
manufacturing is located west of the site.AmUSR-1208 for a paint ball field is located southwest
of the site. USR-832, USR16-0009, USR-665, and USR-693 are all for oil and gas production
facilities located southwest of the site.
The Weld County Department of Planning Services sent notice to twenty-two (22) Surrounding
Property Owners. Planning staff did not receive correspondence from any surrounding property
owners.
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.
The site is located within the three (3) mile referral area of the Town of Kersey, the Town of
Garden City,the City of Greeley, and the City of Evans. The City of Evans, Town of Kersey, and
Town of Garden City did not respond with referral agency comments. The City of Greeley in their
referral agency comments dated August 14, 2018 stated that the building be constructed with
similar materials to surrounding area and that the parking should be screened from adjacent
properties.
The site is located within the Intergovernmental Agreement Area for the City of Evans and the
Town of Kersey. The Town of Kersey returned the Notice of Inquiry stating that they are not
interested in annexing the subject property. The City of Evans Intergovernmental Agreement
(IGA) had not been created at the time of the PreApplication meeting.
RESOLUTION USR18-0070
ABELARDO VEGA& EDGAR VEGA
PAGE 3
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 Geologic Hazard Overlay District, a Special Flood Hazard Area or
the Airport A-P Overlay District.
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 proposed facility is located on 14 acres of soils designated as "Other" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. This USR will not remove any
"Prime (Irrigated)" Farmland out of production.
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 applicant shall attempt to address the requirements (concerns) of the City of Greeley, as
stated in the referral response dated August 14, 2018. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0070. (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) East 18th Street is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained by
Weld County. (Department of Public Works)
5) 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) prior to construction. (Department of Public Works)
RESOLUTION USR18-0070
ABELARDO VEGA& EDGAR VEGA
PAGE 4
6) 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)
7) 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)
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. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile(.shp, .shx, .dbf, .prj)with a
defined coordinate system(Le., NAD 1983 UTM Zone 13N,WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsaco.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. 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 Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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.
RESOLUTION USR18-0070
ABELARDO VEGA& EDGAR VEGA
PAGE 5
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 November 6, 2018.
Dated the 6th of
November, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0070
ABELARDO VEGA& EDGAR VEGA
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Abelardo Vega and Edgar Vega
USR18-0070
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0070,for an accessory
buildings with gross floor area larger than four percent(4%)of the total lot area, as stated 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 parking area on the site shall be maintained. (Department of Planning Services)
4. The property owner shall control noxious weeds on the site. (Department of Public Works)
5. 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)
6. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
7. 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)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
10. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (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. 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; 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. (Department of Building
Inspection)
RESOLUTION USR18-0070
ABELARDO VEGA& EDGAR VEGA
PAGE 7
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
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.
RESOLUTION USR18-0070
ABELARDO VEGA& EDGAR VEGA
PAGE 8
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.
Ait yukAke-s EXHIBIT
11 ) (D ige)%
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING it
J pO7
Tuesday, November 6, 2018
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: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
Absent/Excused: Skip Holland
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services;
Jose Gonzalez, Department of Building; Lauren Light and Ben Frissell, Department of Health; Evan
Pinkham and Hayley Balzano, Department of Public Works; Frank Haug and Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
CASE NUMBER: USR18-0070
APPLICANT: ABELARDO VEGA & EDGAR VEGA
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN ACCESSORY BUILDINGS WITH GROSS FLOOR AREA
LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS STATED
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
LEGAL DESCRIPTION: LOT 3 ZENDT'S FARM, PART OF SECTION 10, T5N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO E 18TH STREET AND 0.6 MILES EAST OF
FERN AVENUE.
Diana Aungst, Planning Services, presented Case USR18-0070, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Ford asked what the size is for the current and new buildings Ms. Aungst said that the new
building will be 150x250 or 37,500 square feet.
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.
Edgar Vega, 2501 E 18th Street, Greeley, Colorado, stated that the building is for boarding horses for family
and friends.
Commissioner Ford asked how many stalls are in the current building. Mr. Vega said that there are 20
stalls.
Commissioner Sparrow asked if any steers will be kept on site. Mr. Vega replied no. Mr. Sparrow noted
that 150x250 building is a typical size for an indoor roping arena. Mr. Vega stated that they will be training
their horses and wish to have protection from the weather.
Commissioner Stille asked what percentage the buildings over the 4% Rule are. Ms. Aungst stated that
the buildings are 22% over the required 4% Rule.
1
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 USR18-0070 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, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Tom Cope.
Absent: Skip Holland.
Meeting adjourned at 8:05 pm.
Respectfully s//u��bmitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
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