HomeMy WebLinkAbout20171330.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, 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: USR17-0005
APPLICANT: ARISTOCRAT RANCHETTE WATER PROJECT INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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 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.
LEGAL DESCRIPTION: PART OF LOT 7 BLOCK 11 ARISTOCRAT RANCHETTES INC; PART OF
SECTION 27, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO DALE AVENUE AND APPROXIMATELY 270
FEET WEST OF WOODRUFF 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 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.
R.Goal 1. 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.
RESOLUTION USR17-0005
ARISTOCRAT RANCHETTE WATER PROJECT INC
PAGE 2
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.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, 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 as Uses by Special Review in the A(Agricultural)
Zone District.
C. Section 23-2-220.A.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 23-2-220.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 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 their referral comments, dated March 23, 2017 indicated that they have
no concerns.
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/is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport 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 approximately 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 23-2-220.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.
RESOLUTION USR17-0005
ARISTOCRAT RANCHETTE WATER PROJECT INC
PAGE 3
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. Parcel numbers 130927107010, 130927107011 and 130927107012 shall be combined into a
single parcel by deed. Evidence that the deed has been recorded shall be provided to the
Department of Planning Services. (Department of Planning Services)
l ® The plan shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0005 (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. 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. (Department of
Planning Services)
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. (Department of
Planning Services)
6. Show and label the parking on the property. (Department of Planning Services -Engineer)
7. The applicant shall show the drainage flow arrows. (Department of Planning Services —
Engineer)
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. (Department of
Public Works)
9. Show and label the approved access (AP17-00141), and the appropriate turning radius
on the site plan. (Department of Public Works)
10. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
11. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
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. (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)
RESOLUTION USR17-0005
ARISTOCRAT RANCHETTE WATER PROJECT INC
PAGE 4
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 Fl PS 0501 (US Feet)....etc.). This digital file may be sent to mapsco.weld.co.us.
(Department of Planning Services)
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.
(Department of Planning Services)
Motion seconded by Jordan Jemiola.
VOTE:
For Passage
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage Absent
Bruce Johnson
Joyce Smock
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, 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 May 2, 2017.
Dated the 2nd of May, 2017
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Aristocrat Water Ranchette Project, Inc.
USR17-0005
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0005, for Uses similar to
the Uses listed above 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, 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 (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. (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 water equipment and supplies and community equipment shall be stored inside the building per the
application narrative. There shall be no outside storage. (Department of Planning Services)
4. The parking area on the site shall be maintained. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
8. 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 applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
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. (Department of Public Health and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
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 purposes. The adjacent
community building restroom may be utilized for employees who access the storage facility. (Department
of Public Health and Environment)
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. (Department of Public Health and Environment)
13. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
14. The property owner shall control noxious weeds on the site. (Department of Public Works)
RESOLUTION USR17-0005
ARISTOCRAT RANCHETTE WATER PROJECT INC
PAGE 6
15. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
17. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
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. (Department of Planning
Services)
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. (Department of Building 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 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.
RESOLUTION USR17-0005
ARISTOCRAT RANCHETTE WATER PROJECT INC
PAGE 7
25. WELD COUNTY'S RIGHT TO FARM: 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.
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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 2, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross,
Tom Cope.
Absent: Bruce Johnson, Joyce Smock.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Hayley
Balzano, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 18, 2017 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Michael Wailes. Motion passed unanimously.
CASE NUMBER: USR17-0005
APPLICANT: ARISTOCRAT RANCHETTE WATER PROJECT INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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 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.
LEGAL DESCRIPTION: PART OF LOT 7 BLOCK 11 ARISTOCRAT RANCHETTES INC; PART OF
SECTION 27, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO DALE AVENUE AND APPROXIMATELY 270
FEET WEST OF WOODRUFF STREET.
Chris Gathman, Planning Services, presented Case USR17-0005, 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. Mr. Gathman noted that initially staff
believed that there were three (3) separate parcels; however, upon further research they were able to find
a deed in 2002 that combined all three parcels into one lot (Lot 7). Therefore, staff is requesting that
Condition of Approval 1.A be removed.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the 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.
Harold Leggett, 302 Central, Platteville, Colorado, said that he is operator responsible for Aristocrat
Ranchettes Water Project. He stated that they need indoor storage of the pipe and materials so that he
can maintain the integrity of the materials used for repairs and line replacement. He added that they also
would store their work truck, emergency supply trailer and the lawnmower in the building.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
EXHIBIT
13
The Chair asked the applicant if he has read through the amended Development Standards and Conditions
of Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Motion: Delete Condition of Approval 1.A, as recommended by Staff, Moved by Jordan Jemiola,
Seconded by Cherilyn Barringer. Motion carried unanimously.
Motion: Forward Case USR17-0005 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval. Moved by Tom Cope, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille. Jordan Jemiola, Michael Wailes, Terry Cross. Tom
Cope.
Meeting adjourned at 3:09 pm.
Respectfully submitted,
46V6611 --
Kristine Ranslem
Secretary
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