HomeMy WebLinkAbout20183657.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0070, FOR AN ACCESSORY BUILDING 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 PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT-ABELARDO VEGA AND EDGAR VEGA
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 21st day of
November, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Abelardo Vega and Edgar Vega, 2501 East 18th Street, Greeley,
Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0070, for an accessory building 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 part of a map or plan filed 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 of Zendt's Farm; being part of Section 10,
Township 5 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, 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 23-2-230.6.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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
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SPECIAL REVIEW PERMIT (USR18-0070) -ABELARDO VEGA AND EDGAR VEGA
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use change." 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 an 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 Use by Right
requirements, and the vehicle trips do not exceed sixty (60) per day,
to and from the property.
2) Section 22-2-20.H.3 (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.
3) 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 thirteen (13) referral agencies. The referral agencies had
twenty-eight (28) days to review this USR. Some submitted
response of 'no concerns' with the rest submitting comments or
conditions that are incorporated as Conditions of Approval or
Development Standards.
B. Section 23-2-230.6.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.Q allows for a Site
Specific Development Plan and Use by Special Review Permit for an
accessory building 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 part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District.
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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."
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 Conditions of Approval and Development
Standards 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 23-2-230.6.3--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 six (6) residences within
150 feet of the site. The closest residence, not owned by the applicant, is
adjacent to the site approximately eighty-four (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, are all located northeast of the site. 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 and did not receive
correspondence.
D. Section 23-2-230.B.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 Towns of Kersey and Garden City, and the Cities of Greeley and Evans.
The City of Evans, Towns of Kersey and Garden City did not respond with
comments. The City of Greeley, in their referral agency comments dated
August 14, 2018, stated that the building should be constructed with similar
materials to the 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 Pre-Application
meeting.
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E. Section 23-2-230.B.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, 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 proposed facility is located on fourteen (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 23-2-230.B.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 Abelardo Vega and Edgar Vega, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0070, for an accessory building
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 part of a map
or plan filed 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:
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 USR18-0070.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) East 18th Street is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires eighty (80) feet of right-of-way at full buildout. The
applicant shall delineate the future and existing right-of-way on the
site plan. All setbacks shall be measured from the edge of the future
right-of-way. This road is maintained by Weld County.
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5) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (25 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
6) The applicant shall 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.
7) The applicant shall show the drainage flow arrows.
2. Upon completion of Condition of Approval#1 above, the applicant shall submit one
(1) electronic copy (.pdf) or (1) one paper copy 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.
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 (i.e., 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 maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,CO COLORADO
ATTEST: V 4�;4. ` z- - , ,L -,r.-
St e Moreno, Chair
Weld County Clerk to the Board
arbara Kirkmeyer, Fl. o-Tem
BY: �'c
Deputy C rk to the Board ,. ; Itif EXCUSED
can P. Conway
AP V TO FOR °� (---
,l' '.', ,.4--,f
/ �- '" fek �+J�y►� Julie A. Cozad
tii W C
County Attorney tr '` � f'- ,.Q2._._
Mike Freeman
Date of signature: I 13/l9
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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, is for
an accessory building 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, 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 historical flow patterns and runoff amounts on the site will be maintained.
5. 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: 2012 International Codes,
2006 International Energy Code, and 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.
6. 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.
7. 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.
8. 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
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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. 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.
9. 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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