HomeMy WebLinkAbout20210856.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0034, FOR ONE (1) SECOND SINGLE-FAMILY DWELLING PER
LEGAL LOT, SUBJECT TO THE PROVISIONS OF CHAPTER 23, ARTICLE IV,
DIVISION 8, OF THE WELD COUNTY CODE IN THE A (AGRICULTURAL) ZONE
DISTRICT - VICTOR AND SHARON SCHENCK
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 31st day of
March, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Victor and Sharon Schenck, 16160 County Road 47, LaSalle, Colorado 80645,
for a Site Specific Development Plan and Use by Special Review Permit, USR20-0034, for one (1)
Second Single -Family Dwelling per legal lot, subject to the provisions of Chapter 23, Article IV,
Division 8, of the Weld County Code in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot 1 of Milton Lake Estates, 1st Filing; being part of
the SW1/4 of Section 12, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 23-2-22-30.C.2 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
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from five (5) acres to 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 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-60.W allows for one (1) second Single -Family
Dwelling per legal lot, subject to Chapter 23, Article IV, Division 8 of
the Weld County Code.
2) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial, and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." The
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 [three (3) goats and ten (10) chickens] on the
property).
C. Section 23-2-230.B.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 Conditions of Approval and
Development Standards 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 the application.
D. Section 23-2-230.6.4 — 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.
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E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not 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, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 — 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 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Victor and Sharon Schenck, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0034, for one (1) Second
Single -Family Dwelling per legal lot, subject to the provisions of Chapter 23, Article IV, Division 8,
of the Weld County Code in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall address the concerns of the Department of Public
Works Referral relating to the proposed access location.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0034.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 47 is designated on the Weld County Functional
Classification Map as a local, gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate and label
the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site map or plat. All setbacks shall be measured from
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the edge of the right-of-way. This road is maintained by Weld
County.
5) The applicant shall 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.
6) The applicant shall show and label the drainage flow arrows.
7) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map, the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to the issuance of a Certificate of Occupancy for the second residence:
A. An On -site Wastewater Treatment System (OWTS) is required for the
proposed residence and shall be installed according to the Weld County
OWTS 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: data) V x160-4.
Weld County Clerk to the Board
Steve
reno, Chair
S
BY:
APP
ounty A orney
"rry L. Bu
Lori Saine
Date of signature: 05/1.1 /21
es, Pro -T
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VICTOR AND SHARON SCHENCK
USR20-0034
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0034, is
for one (1) Second Single -Family Dwelling per legal lot, subject to the provisions of
Chapter 23, Article IV, Division 8, of the Weld County Code, in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
4. The 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 (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
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.
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, 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.
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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.
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 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 the Department 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 people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
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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. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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