HomeMy WebLinkAbout20210857.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION 3
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
Moved by Sam Gluck , 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 : USR20-0034
APPLICANT : VICTOR AND SHARON SCHENCK
PLANNER : CHRIS GATHMAN
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 1ST FILING , BEING PART OF THE SW4
SECTION 12 , T3N , R65W OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : EAST OF AND ADJACENT TO CR 47 AND APPROXIMATELY 1 . 300 FEET
SOUTH OF CR 34 . 5 .
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 23-2-22-30 . 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 . "
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 .
RESOLUTION USR20-0034
VICTOR AND SHARON SCHENCK
PAGE 2
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 Distnct, Agricultural Hentage Overlay Distnct,
Airport Overlay Distnct, 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
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 Sod Survey No pnme 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 Planning Commission 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
RESOLUTION USR20-0034
VICTOR AND SHARON SCHENCK
PAGE 3
Classification Map as a local road which requires 60 feet of nght-of-way at full buildout The
applicant shall delineate and label on the site map or plat the future and existing nght-of-way
(along with the documents creating the existing nght-of-way) and the physical location of the
road All setbacks shall be measured from the edge of nght-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 traders) 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)
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 Apnl 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 penod (Department of Planning Services)
4 Pnor 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 Pnor 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 budding or electncal 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)
RESOLUTION USR20-0034
VICTOR AND SHARON SCHENCK
PAGE 4
Motion seconded by Butch White
VOTE
For Passage
Tom Cope
Gene Stale
Lonnie Ford
Dwaine Barclay
Sam Gluck
Butch White
Against Passage Absent
Elgah Hatch
Skip Holland
Troy Mellon
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, Knstine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on March 16, 2021
Dated the 16th of March, 2021
45\Y�244- aCain,
Kristine Ranslem
Secretary
RESOLUTION USR20-0034
VICTOR AND SHARON SCHENCK
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Schenck
USR20-0034
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 Distnct, subject to the Development Standards stated hereon (Department of
Planning Services)
2 Approval of this plan may create a vested property nght 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 nghts-of-way or easement shall acquire an
approved Right -of -Way Use Permit pnor 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 dunking 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 pnvate streets No colored lights may be used which may be confused
with, or construed as, traffic control devices (Department of Planning Services)
11 Budding 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 vanous codes adopted at the time of
permit application Currently, the following have been adopted by Weld County 2018 International
Budding Codes, 2018 International Residential Code, 2006 International Energy Code, 2017 National
Electncal Code, and Chapter 29 of the Weld County Code A plan review shall be approved, and a permit
must be issued pnor to the start of construction (Department of Budding 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 carved out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations
RESOLUTION USR20-0034
VICTOR AND SHARON SCHENCK
PAGE 6
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 wntten 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 vanous impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property nghts 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 agncultural 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 agncultural 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 matenals often produces a visual disparity between rural and
RESOLUTION USR20-0034
VICTOR AND SHARON SCHENCK
PAGE 7
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 agncultural 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
irngation 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 pnonties 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 irngation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, terntonal 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
a y\n‘ , n EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING ,Qz �_ ,OO 4
Tuesday , March 16 , 2021
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 Vice Chair ,
Gene Stille , at 12 : 33 pm .
Roll Call .
Present : Butch White , Dwaine Barclay , Gene Stille , Lonnie Ford , Sam Gluck , Tom Cope .
Absent/Excused : Elijah Hatch , Skip Holland , Troy Mellon .
Also Present : Chris Gathman , Michael Hall and Tom Parko , Department of Planning Services ; Lauren
Light , Department of Health ; Melissa King and Zack Roberson , Department of Public Works ; Bob Choate ,
County Attorney , and Kris Ranslem , Secretary .
CASE NUMBER : USR20-0034
APPLICANT : VICTOR AND SHARON SCHENCK
PLANNER : CHRIS GATHMAN
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 1ST FILING , BEING PART OF THE SW4
SECTION 12 , T3N , R65W OF THE 6TH P . M . . WELD COUNTY , COLORADO .
LOCATION : EAST OF AND ADJACENT TO CR 47 AND APPROXIMATELY 1 , 300 FEET
SOUTH OF CR 34 . 5 .
Chris Gathman , Planning Services , presented Case USR20-0034 , reading the recommendation and
comments into the record . Mr. Gathman stated that no correspondence or phone calls from surrounding
property owners have been received for this case . The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards .
Zack Roberson , Public Works , reported on the existing traffic , access to the site and drainage conditions
for the site . Mr. Roberson said that the applicant is requesting a new access point to County Road 47 , and
to be consistent with the Weld County Access Code in Chapter 8 , Public Works is requesting that the new
driveway be at least 150 feet from any other access point on that particular road .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan .
Victor Schenck , 16160 CR 47 , LaSalle , Colorado , stated that his nephew recently got out of the service and
would like to build a home for his family .
Commissioner Cope asked how far apart the driveways will be . Mr. Schenck said that from their driveway
to the new driveway is several hundred yards . Mr . Cope clarified if it will be difficult to meet the requirement
of being 150 feet apart . Mr. Schenck said that they will be able to meet that.
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 USR20-0034 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 Sam Gluck , Seconded by Butch White .
Vote : Motion carried by unanimous roll call vote ( summary : Yes = 6 ) .
Yes : Butch White , Dwaine Barclay , Gene Stille , Lonnie Ford , Sam Gluck , Tom Cope .
1
Meeting adjourned at 1 35 pm
Respectfully submitted,
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Knstine Ranslem
Secretary
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