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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION U.SVas4. - o
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, 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: USR22-0021
APPLICANT: KYLE SCHWARTZ AND ABIGAIL RENNER
PLANNER: DIANA AUNGST
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 DESCRIPTION: LOT 9 OF ENCHANTED HILLS, BEING PART OF SECTION 8, T2N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO ELM STREET; EAST OF AND ADJACENT TO
CR 15.
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 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
RESOLUTION USR22-0021
KYLE SCHWARTZ AND ABIGAIL RENNER
PAGE 2
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 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 fora 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 fora welding business, USR14-0059 fora 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 A4 -- 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 o, 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
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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 -
RESOLUTION USR22-0021
KYLE SCHWARTZ AND ABIGAIL RENNER
PAGE 3
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
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 Planning Commission 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)
RESOLUTION USR22-0021
KYLE SCHWARTZ AND ABIGAIL RENNER
PAGE 4
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 documsyitation
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 (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)
Motion seconded by Michael Palizzi
VOTE
For Passage
Elijah Hatch
Skip Holland
Sam Gluck
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage Absent
Butch White
Pamela Edens
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 Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, 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 October 4, 2022
Dated the 4'h day of October, 2022
Michelle Wall
Secretary
RESOLUTION USR22-0021
KYLE SCHWARTZ AND ABIGAIL RENNER
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kyle Schwarz and Abigail Renner
USR22-0021
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,
RESOLUTION USR22-0021
KYLE SCHWARTZ AND ABIGAIL RENNER
PAGE 6
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 toe 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
RESOLUTION USR22-0021
KYLE SCHWARTZ AND ABIGAIL RENNER
PAGE 7
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
EXHIBIT
D
.O
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 4, 2022
sQaa - boat
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:34 pm.
Roll Call
Present: Elijah Hatch, Skip Holland, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Butch White, Pamela Edens.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, and Maxwell Nader, Department of
Planning Services; Lauren Light, Department of Health; Karin McDougal, County Attorney, and Michelle
Wall, Secretary.
Motion: Approve the September 6, 2022, Weld County Planning Commission minutes, Moved by Skip
Holland, Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER: USR22-0021
APPLICANT: KYLE SCHWARTZ AND ABIGAIL RENNER
PLANNER: DIANA AUNGST
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 DESCRIPTION: LOT 9 OF ENCHANTED HILLS. BEING PART OF SECTION 8, T2N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO ELM STREET; EAST OF AND ADJACENT TO
CR 15.
Diana Aungst, Planning Services, presented Case USR22-0021, reading the recommendation and
comments into the record. Staff sent notice to 31 surrounding property owners within 500 feet of the
proposed USR boundary. No written correspondence or telephone calls were received. The Department
of Planning Services recommends approval of this application along with conditions of approval and
development standards.
The Chair asked staff if the applicant is required to deed 10 feet of their land to Firestone for right-of-way.
Staff replied that there is no condition of approval for this request in the resolution.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Abigail Renner, 7050 Elm Street, Longmont, Colorado. Ms. Renner explained that the dwelling will be for
her mother-in-law to reside.
Commissioner Holland asked staff if they inquired if the Town of Firestone plans on widening Frontier
Street. Staff responded that she did not ask for detail on when they plan to widen, but she expects they will
in the near future. Mr. Holland asked what the size of the existing right-of-way is.
Melissa King, Development Review, said that the property owner has 60 feet of petition right-of-way on
County Road 15. She said they also have platted right-of-way on both sides so she would presume they
have 80 feet of right-of-way.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion Forward Case USR22-0021 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards, with the Planning Commission's recommendation of approval,
Moved by Skip Holland, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan, Skip Holland
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 4 02 pm
Respectfully submitted,
-finer/nucee. u,?ti-e--
Michelle Wall
Secretary
PLANNING COMMISSION ATTENDANCE RECORD
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