HomeMy WebLinkAbout20210858.tiffLAND USE APPLICATION
SUMMARY
Planner: C. Gathman Hearing Date: March 16, 2021
Case Number: USR20-0034
Property Owners: Sharon & Victor Schenck C/O Chad Schenck
Address: 16160 County Road 47, La Salle, CO 80645-9603
Request: A Site -Specific Development Plan and Use by Special Review Permit for One (1 )
Second Single -Family Dwelling per Legal Lot, Subject to the provisions of Division 8
of Article IV of Chapter 23 of the Weld County Code.
Legal
Description:
Lot 1 Milton Lake Estates 15' Filing, Being Part of the SW4 of Section 12, T3N, R65W
of the 6th PM, Weld County, Colorado
Location: East of and adjacent to County Road 47 and approximately 1,300 -feet south of
County Road 34.5.
Size of Parcel: ± 32.19 acres Parcel No. 1213-12-3-01-004
The criteria for review of this Special Review Permit is 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:
Weld County Zoning Compliance, referral dated December 14, 2020
▪ Weld County Department of Public Works, referral dated January 11, 2021
▪ Weld County Department of Public Health and Environment, referral dated January 7, 2021
▪ Colorado Division of Water Resources, referral dated December 22, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County School District RE -7, referral dated January 11, 2021
Y Sheriff's Office, referral dated December 29, 2020
Y Colorado Division of Parks and Wildlife, referral dated December 14, 2021
Y Weld County Zoning Compliance, referral dated December 14, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
Y La Salle Fire Protection District
Y Platte Valley Soil Conservation District
USR20-0034, Schenck, Page 1 of 8
USE BY SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: March 16, 2021
Case Number: USR20-0034
Property Owners: Sharon & Victor Schenck C/O Chad Schenck
Address: 16160 County Road 47, La Salle, CO 80645-9603
Request: A Site -Specific Development Plan and Use by Special Review Permit for One (1)
Second Single -Family Dwelling per Legal Lot, Subject to the provisions of Division 8
of Article IV of Chapter 23 of the Weld County Code.
Legal
Description:
Lot 1 Milton Lake Estates 15' Filing, Being Part of the SW4 of Section 12, T3N, R65W
of the 6th PM, Weld County, Colorado
Location: East of and adjacent to County Road 47 and approximately 1,300 -feet south of
County Road 34.5.
Size of Parcel: ± 32.19 acres Parcel No. 1213-12-3-01-004
Case Summary:
The proposal is to construct a second single-family dwelling on a lot within the Milton Lake Estates
Subdivision. Milton Lakes Estates (a 24 -lot subdivision) was platted in 1970The application indicates
personal livestock (3 goats and 10 chickens) are on the property. The Colorado Division of Water
Resources has issued a well permit for up to two (2) single-family dwellings on this property along with
watering of owner's own domestic animals and irrigation of not more than one (1) acre of home gardens
and lawns under Permit #320525. A separate individual septic system is proposed for the second
dwelling.
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 23-2-22-30.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."
USR20-0034, Schenck, Page 2 of 8
The proposed second residence will be compatible with the surrounding area. The lot is in a
rural residential area located to the north, south and east with adjacent lots sizes ranging from
five (5) acres to thirty-nine (39) acres in size. The size of the lot (approximately 32 acres) is
large enough for a second residence. Traffic associated with the second residence will be
minimal and adequate water (a well permitted for up to two (2) residences) has been issued
for this lot.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
The proposed use is permittable under Section 23-3-40.HH
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 proposal meets the intent because the second residence will not interfere with agricultural
uses in the area. Additionally, the application states that the second residence will help the
existing residents maintain the property (including helping to maintain existing livestock (3
goats and 10 chickens) on the property).
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed use is in an area that can support this development and the Development
Standards, and Conditions of Approval will assist in mitigating the impacts of the facility on
adjacent properties and ensure compatibility with surrounding land uses and region.
No phone calls or correspondence have been received from surrounding property owners
regarding 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 not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
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 within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport Overlay District, MS4 Area or a Special Flood Hazard Area. 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.
USR20-0034, Schenck, Page 3 of 8
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 proposal is located on approximately 32.19 acres identified as "Other" per the 2020
Natural Resource Conservation Service Soil Survey. No prime agricultural land is affected by
this proposal.
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 applicant shall address the concerns of the Public Works Referral relating to the
proposed access location. (Department of Public Works)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0034 (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. County Road 47 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. (Department of Public Works)
5. Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
6. Show and label the drainage flow arrows. (Department of Public Works)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
USR20-0034, Schenck, Page 4 of 8
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 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)
4. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
5. Prior to the issuance of a Certificate of Occupancy for the second residence:
A. An on -site wastewater treatment system is required for the proposed residence and shall be
installed according to the Weld County On -site Wastewater Treatment System Regulations.
6. 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)
USR20-0034, Schenck, Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Schenck
U S R20-0034
1. A Site -Specific Development Plan and Use by Special Review Permit, USRYY-0034, for a Site -Specific
Development Plan and Use by Special Review Permit for One (1) Second Single -Family Dwelling per
Legal Lot, Subject to the provisions of Division 8 of Article IV of Chapter 23 of the Weld County Code
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.
4. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking.
5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
6. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement.
7. The historical flow patterns and runoff amounts on the site will be maintained.
8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
9. 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.
10. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. 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)
11. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
12. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
13. 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.
USR20-0034, Schenck, Page 6 of 8
14. 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.
15. 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.
16. 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.
17. A Use by Special Review Permit 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.
18. 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.
19. 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
USR20-0034, Schenck, Page 7 of 8
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.
USR20-0034, Schenck, Page 8 of 8
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
I.14 , m, REELED' CO 80631
ri- � WEBSITE: www.weldgov.com
- _ �� e.
c o J N E- MAIL:: cgathrnan@weldgov.com
PHONE: 970 400- 3537
FAX: (970) 304-6498
February 18, 2021
SCHENCK SHARON
16160 COUNTY ROAD 47
LA SALLE, CO 80645
Subject: USR20- 0034 - A Site Specific Development Plan and Use by Special Review permit for one
(1 ) second Single - Family Dwelling per legal lot, subject to the provisions of Division 8 of Article IV of
Chapter 23 of the Weld County Code.
On parcel (s) of land described as:
LOT 1 MILTON LAKE ESTATES 1ST FILING, BEING PART OF SECTION 12, T3N, R SW of the 6th P.M .,
Weld County, Colorado .
Dear Applicants :
I have scheduled a meeting with the Weld County Planning Commission on March 16, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 31 , 2021
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 PlanningCommission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-05. 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.wel d.co.0 s/C itize nAccess
Respectfully,
sCr A,/ IJAA...0.-1,O„-in.„
C OA;
Gathman
Planner
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