HomeMy WebLinkAbout20171329.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0005, FOR USES SIMILAR TO THE USES LISTED IN SECTION
23-3-40 AS USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH
THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT AND
ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN THE FOUR
PERCENT (4%) OF THE TOTAL LOT AREA, 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 (PROPOSED 2,400 -SQUARE -FOOT BUILDING FOR STORAGE OF
WATER SYSTEM AND COMMUNITY EQUIPMENT FOR THE ARISTOCRAT
RANCHETTES SUBDIVISION) IN THE A (AGRICULTURAL) ZONE DISTRICT -
ARISTOCRAT RANCHETTE WATER PROJECT, INC.
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 24th day of
May, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Aristocrat Ranchette Water Project, Inc., 15841 Dale Avenue Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0005, for Uses similar to the Uses listed in Section 23-3-40 as Uses by Special Review
as long as the Use complies with the general intent of the A (Agricultural) Zone District and
Accessory buildings with Gross Floor Area larger than the four percent (4%) of the total lot area,
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 (proposed 2,400 -square -foot building for
storage of water system and community equipment for the Aristocrat Ranchettes Subdivision) in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot 7, Block 11, Aristocrat Ranchettes, Inc.; 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 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:
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SPECIAL REVIEW PERMIT (USR17-0005) -ARISTOCRAT RANCHETTES WATER PROJECT,
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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. Section
22-2-20.G (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
proposed building is located on a parcel within an existing agricultural
subdivision (Aristocrat Ranchettes). There is an existing office/library on
the same property. All equipment is proposed to be stored inside the
building and the equipment will be used to help service/provide water to
residents of Aristocrat Ranchettes. Section 22-2-120.A (R.Goal 1) states
"Ensure that adequate services and facilities are currently available or
reasonably obtainable to serve the residential development or district."The
proposed building and existing office provide water and other services for
the Aristocrat Ranchettes, Inc. Subdivision. The proposed use is in an area
that can support this development and the existing screening, 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.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.W and 23-3-40.Q allow
for Uses similar to the Uses listed as Uses by Special Review as long as
the Use complies with the general intent of the A (Agricultural) Zone
District, and Accessory buildings with Gross Floor Area larger than four
percent (4%) of the total lot area, per building on lots in an approved or
recorded subdivision plat or part of a map or plan field prior to adoption of
any regulations controlling subdivisions as Uses by Special Review in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The USR site is surrounded by
single-family residences in the Aristocrat Ranchettes subdivision. The
application indicates that equipment will be stored in the proposed building.
No phone calls or correspondence has been received from surrounding
property owners in regards to this application.
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
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ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the City of Fort
Lupton, and is also within the Cooperative Planning Agreement (IGA)
boundary for the City of Fort Lupton. The City of Fort Lupton in the referral
comments dated March 23, 2017, indicated that there are no concerns.
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 Overlay
District. Building Permits issued on the proposed 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 approximately one (1) acre
delineated as "Other", per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map and is located within a platted subdivision.
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 Aristocrat Ranchettes Water Project, Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0005, for Uses similar to
the Uses listed in Section 23-3-40 as Uses by Special Review as long as the Use complies with
the general intent of the A (Agricultural) Zone District and Accessory buildings with Gross Floor
Area larger than the four percent (4%) of the total lot area, 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 (proposed 2,400 -square -foot building for storage of water system and
community equipment for the Aristocrat Ranchettes Subdivision) 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 plan shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0005.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The applicant shall delineate on the map the trash collection areas.
Section 23 3 350.H of the Weld County Code addresses the issue
of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter
23, Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
6) Show and label the parking on the property.
7) The applicant shall show the drainage flow arrows.
8) Dale Avenue is a gravel road and is designated on the Weld County
Road Classification Plan 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. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County.
9) Show and label the approved access (AP17-00141), and the
appropriate turning radius on the site plan.
10) Show and label all recorded easements on the map by book and
page number or reception number and date 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 plat 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 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 be added for each additional three
(3) month period.
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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. 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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 24th day of May, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLRADO
ATTEST: da4A) C�• :�,
Weld County Clerk to the Board
Clerk to the Boar
d
Clerk to the Board
AP' ' • I ED AS
/Coufity Attorney
Date of signature: CP( 13
Sean P. Conway
Cozad, Chair
Steve Moreno, Pro -Tern
EXCUSED
Freeman
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ARISTOCRAT RANCHETTES WATER PROJECT, INC.
USR17-0005
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0005, for
Uses similar to the Uses listed in Section 23-3-40 as Uses by Special Review as long as
the Use complies with the general intent of the A (Agricultural) Zone District and Accessory
buildings with Gross Floor Area larger than four percent (4%) of the total lot area, 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 (proposed 2,400 square
foot building for storage of water system and community equipment along with a
community office and library for the Aristocrat Ranchettes Subdivision) 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 water equipment and supplies and community equipment shall be stored inside the
building, per the application narrative. There shall be no outside storage.
4. The parking area on the site shall be maintained.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
9. 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.
10. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary
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purposes. The adjacent community building restroom may be utilized for employees who
access the storage facility.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems (OWTS).
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. The property owner shall control noxious weeds on the site.
15. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. 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.
19. Building permits 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 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.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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
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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.
23. 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.
24. 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.
25. 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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