HomeMy WebLinkAbout20222852.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0021, FOR ONE (1) SECOND SINGLE-FAMILY DWELLING PER
LEGAL LOT IN THE A (AGRICULTURAL) ZONE DISTRICT - KYLE SCHWARTZ AND
ABIGAIL RENNER
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 19th day of
October, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Kyle Schwartz and Abigail Renner, 7050 Elm Street, Longmont, Colorado
80504, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0021,
for one (1) second Single -Family Dwelling per legal lot in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot 9 of Enchanted Hills; being part of Section 8,
Township 2 North, Range 67 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1)
Section 23-2-30.C.2 of the Weld County Code states: "Establish
residential development options based on compatibility, proximity
to municipalities, and availability of services that reflect the desired
density and character of that location." The proposed second
residence will be compatible with the existing area. The use on the
site is residential and is similar to the surrounding properties.
Enchanted Hills Subdivision was established in 1968, has about
33 lots, and is consistent with the surrounding Weld County
subdivisions in the area. Casagrande Estates Subdivision, to the
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south, has about 80 lots and Panorama Estates PUD, to the west,
has about 26 lots. Both of these subdivisions have lots ranging in
size from 1.43 to 12 acres. The addition of a second home on the
subject property is not out of character with the area.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." The
proposed use is permittable under Section 23-3-60.U, one (1)
Second Single -Family Dwelling per legal lot. The second
Single -Family Dwelling will not interfere with, nor is incompatible
with, agricultural uses in the area.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of rural
residential on the north, east and south. The Town of Firestone has
annexed the property to the west and platted two (2) high -density
residential subdivisions in 1999-2000 (Ridge Crest PUD, Filing #1 and
St. Vrain Ranch Subdivision, Filing #3). Tract C of the St. Vrain Ranch
Subdivision, Filing #3, is owned by the Town of Firestone and appears to
be open space. This tract is west of the subject property on the other side
of County Road 15. There are seven (7) residential lots within 200 feet of
the subject property with five (5) of these lots being in the same subdivision
as the subject property — Enchanted Hills. The remaining two (2) lots are in
the Town of Firestone on the west side of County Road 15. There are 18
USRs within one (1) mile of this site. SUP -63, for a turkey farm, and
SUP -251, for a goat dairy are north of the site. USR-1392, for electrical
lines is west of the site. There are five (5) USRs located south of the site
for kennels: SUP -405, USR-509, USR-620, USR-549 and USR-1331.
There are also two (2) USRs for accessory buildings: USR-1169 and
USR-1177. Other USRs located south of the site are USR-912, for a
welding business, USR14-0059, for a second home, and USR-743, for
small engine repair and home business. The Weld County Department of
Planning Services staff sent notice to 31 surrounding property
owners (SPOs) within 500 feet of the proposed USR boundary. No written
correspondence or telephone calls were received. Based on the referral
agency responses, the proposed use is in an area that can support this
development. The Conditions of Approval and Development Standards will
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assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
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 Coordinated Planning
Agreement (CPA) boundary for the Town of Firestone and the City of Fort
Lupton. As part of the pre -application process, the municipalities were
notified of the proposal by Planning staff and were provided a Notice of
Inquiry (NOI) form by the applicant. The Town of Firestone and the City of
Fort Lupton both returned the NOI form, dated June 22, 2022, and June 28,
2022, respectively, stating that they do not wish to annex the property. The
site is located within the three (3) mile referral area of the Towns of
Frederick and Firestone and the City of Fort Lupton. The Town of Firestone
submitted referral agency comments, dated July 8, 2022, which stated,
"The portion of Frontier Street (County Road 15) that is adjacent to the
subject property is within the municipal limits of the Town of Firestone. The
Town respectfully requests that Weld County require the owner to deed
ten (10) feet of their property to the Town for right-of-way purposes." Staff
has not included a Condition of Approval for this request from the Town.
The Town of Frederick and the City of Fort Lupton did not respond with
referral agency comments. The Future Land Use Map for the City of Fort
Lupton does not include the subject property. The Comprehensive Plan
Map for the Town of Firestone includes this property and depicts it as
Residential Low Density (R -L). According to the Comprehensive Plan for
the Town of Firestone, adopted in 2013, the Residential Low Density (R -L)
land use classification provides for only single-family residential land uses
or clustered multi -family land uses. The property has been in a large -lot
residential subdivision since 1968, prior to Firestone's current Master Plan
adoption date of 2013.
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 located
within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard
Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Special Flood Hazard Area, Historic Townsites Overlay District, or
Agricultural Heritage Overlay District. Building Permits issued on the
property 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.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is identified as Farmland of Statewide Importance, per the
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Natural Resource Conservation Service Soil Survey. No farmland is being
removed from production as this property has been part of an existing
residential subdivision since 1968, and the structures have been on the site
since 1971.
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 Kyle Schwartz and Abigail Renner, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0021, for one (1) second
Single -Family Dwelling per legal lot 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 USR22-0021.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show and label all structures and improvements.
All qualifying structures shall comply with the setback and offset
requirements and the allowed lot coverage.
5) Elm Street is a gravel road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet
of right-of-way at full buildout. The applicant shall delineate and
label the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site map or plat. All setbacks shall be measured from
the edge of the right-of-way. This road is maintained by Weld
County.
6) This portion of County Road 15 is under the jurisdiction of the Town
of Firestone. Please contact the municipality to verify the
right-of-way. Show and label the right-of-way. If applicable, show
the approved access(es) on the site plan and label with the
approved Access Permit number.
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7) The applicant shall show and label the permitted, existing access
locations onto Elm Street.
8) The applicant shall show and label the drainage flow arrows.
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 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 Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date the administrative review was
signed, a $50.00 recording continuance fee shall be added for each additional
three (3) month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 19th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifvo EXCUSED
Scott K. James, Chair
Weld County Clerk to the Board
County Attorney
Date of signature: I I W22
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KYLE SCHWARTZ AND ABIGAIL RENNER
USR22-0021
1 Site Specific Development Plan and Use by Special Review Permit, USR22-0021, is for
one (1) second Single -Family Dwelling per legal lot 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 permanent, adequate water supply shall be provided for drinking and sanitary purposes.
6. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
7. 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.
8. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2018 International Energy Code, and 2020 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, or an
Open Hole Inspection shall be required.
9. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
10. 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.
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11. 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.
12. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
13. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
14. 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 people 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.
15. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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