HomeMy WebLinkAbout20222854.tiffLAND USE APPLICATION
SUMMARY
Planner: Diana Aungst Hearing Date: October 4, 2022
Case Number: USR22-0021
Property Owners: Kyle Schwartz and Abigail Renner
Address: 7050 Elm Street, Longmont, CO 80504
Request: A Site Specific Development Plan and Use by Special Review Permit for one (1)
second Single -Family Dwelling per legal lot in the A (Agricultural) Zone District.
Legal Lot 9, Enchanted Hills Subdivision; being part of the SW4 of Section 8, T2N, R67W
Description: of the 6'" P.M., Weld County
Location: South of and adjacent to Elm Street and east of and adjacent to CR 15
Size of Parcel:
± 2.36 acres Parcel No. 1311-08-3-02-001
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
F Town of Firestone, referral dated July 8, 2022
y Weld County Department of Public Health and Environment, referral dated July 11, 2022
y Weld County Department of Planning Services — Development Review, referral dated July 11, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V V
Mountain View Fire Rescue, referral dated July 8, 2022
Colorado Parks and Wildlife, referral dated July 17, 2022
Weld County Sheriff's Office, referral dated July 18, 2022
Central Weld County Water District, referral dated July 27, 2022
Weld County Oil and Gas Energy Department, referral dated July 14, 2022
State of Colorado, Division of Water Resources, referral dated July 11, 2022
Weld County Department of Planning Services - Code Compliance, referral dated July 7, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVV
Town of Frederick
City of Fort Lupton
Longmont Conservation District
Weld County School District RE -1
Weld County Department of Planning Services — Building Inspection
USR22-0021 I Schwartz and Renner
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Case Summary:
The applicant is proposing a second home to be built within the existing 50'x60' outbuilding. The site does
meet the maximum lot coverage requirements. The site is located in the Enchanted Hills Subdivision which
is an Agriculturally zoned subdivision established in 1968. The use on the site is residential and is similar
to the surrounding properties. The second residence will be served by Central Weld County Water District
with the same tap as the existing residence and an on -site wastewater treatment system (OWTS) that is
permitted for two (2) bedrooms and a personal shop (SP -2200064).
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
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 Department of Planning Services' staff 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 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 and has about thirty-three (33) lots it is consistent with the surrounding
Weld County Subdivisions in the area. Casagrande Estates subdivision to the south has about
eighty (80) lots and Panorama Estates PUD to the west has about twenty (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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10 of the Weld County Code is the intent of the Agricultural Zone District and it
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 23-2-220.A.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 Filling #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
USR22-0021 I Schwartz and Renner
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CR 15. There are seven (7) residential lots within 200 feet of the subject property with five (5)
of these lots 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 CR 15.
There are eighteen (18) USRs within one 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 USR 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.
Weld County Department of Planning Services staff sent notice to thirty-one (31) Surrounding
Property Owners (SPO) 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 Development Standards and Conditions of Approval will assist in mitigating
the impacts of the facility on the adjacent properties and ensure compatibility with surrounding
and uses and the region.
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 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 Notice of
Inquiry form by the applicant. The Town of Firestone and the City of Fort Lupton both returned
the Notice of Inquiry 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, states, 'The portion of Frontier Street (CR 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." 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 23-2-220.A.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 Program, County Facility Fee and Drainage Impact Fee
Programs.
USR22-0021 I Schwartz and Renner
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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 site is identified as Farmland of Statewide Importance per the 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 23-2-220.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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
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 (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. Show and label all structures and improvements. All qualifying structures shall comply with
the setback and offset requirements and the allowed lot coverage. (Department of Planning
Services)
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 on the site map or plat the future and existing right-of-way (along
with the documents creating the existing right-of-way) and the physical location of the road.
All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Development Review)
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. (Development Review)
7. Show and label the permitted existing access locations onto Elm Street. (Development
Review)
8. Show and label the drainage flow arrows. (Development Review)
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.
USR22-0021 I Schwartz and Renner
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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 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 3 -month period. (Department of Planning
Services)
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 (Department of Planning Services)
USR22-0021 I Schwartz and Renner
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kyle Schwarz and Abigail Renner
USR22-0021
1. 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, 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 property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
4. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
5. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
6. Any On -site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to Onsite Wastewater Treatment Systems. (Department of Public
Health and Environment)
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, shall be required or an Open Hole Inspection.
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. 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.
11. 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.
12. 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.
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13. 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
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
14. 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.
15. 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. 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.
16. 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.
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
USR22-0021 I Schwartz and Renner
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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.
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DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
August 8, 2022
Kyle Schwarz and Abilgail Renner
7050 Elm Street
LONGMONT, CO 805049499
Subject: USR22-0021 - A Site Specific Development Plan and Use by Special Review Permit for One
(1) second Single -Family Dwelling per legal lot in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT OF 9 ENCHANTED HILLS, BEING PART OF SECTION 8, T2N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 04, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 19, 2022
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
alt/Kf4
Diana Aungst
Planner
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