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LAND USE APPLICATION
SUMMARY SHEET
Ryder Reddick Hearing Date: August 16, 2016
USR16-0017
Craig and Cory Roehrs
3380 County Road 38, Mead, CO 80542
Patrick Chandler - Chandler Construction (1061 Sumner Street, Longmont, CO 80501)
A Site Specific Development Plan and Use by Special Review Permit for one (1)
single-family dwelling unit per lot other than those permitted under Section
23-3-20.A. (second single-family dwelling unit) in the A (Agricultural) Zone District.
Lot 3, Highland Estates Subdivision; being part of the NW4 Section 3, T3N, R68W of
the 6th P.M., Weld County, CO
South of and adjacent to County Road 38 and approximately 0.4 miles east of County
Road 7
Size of Parcel: +/- 2 acres Parcel No. 1207-03-2-01-010
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 Department of Building Inspection, referral dated July 1, 2016
Weld County Department of Public Works, referral dated June 27, 2016
Weld County Department of Planning, Engineering, referral dated June 23, 2016
Weld County Department of Public Health and Environment, referral dated June 20, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
r Weld County Zoning Compliance, referral dated May 26, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
> Town of Mead
r Town of Berthoud
r Weld County School District RE -1J
r Berthoud Fire Protection District
r Little Thompson Water District
USR16-0017, Craig & Cory Roehrs, Page 1 of 8
Planner:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Ryder Reddick Hearing Date: August 16, 2016
Case Number: USR16-0017
Applicant: Craig and Cory Roehrs
Address: 3380 County Road 38, Mead, CO 80542
Representative: Patrick Chandler - Chandler Construction (1061 Sumner Street, Longmont, CO 80501)
Request:
A Site Specific Development Plan and Use by Special Review Permit for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second
single-family dwelling unit) in the A (Agricultural) Zone District.
Legal
Description: Lot 3, Highland Estates Subdivision; being part of NW4 Section 3, T3N, R68W of the 6th
P.M., Weld County, CO
Location:
South of and adjacent to County Road 38 and approximately 0.4 miles east of County
Road 7
Size of Parcel: +/- 2 acres
Case Summary:
Parcel No. 1207-03-2-01-010
The applicants are requesting a Site Specific Development Plan and Use by Special Review Permit to
allow for them to build a second single-family dwelling on their approximately 2 acre parcel of land. The
parcel is located in the Highland Estates Subdivision which is an agricultural zoned subdivision located
adjacent to the Town of Mead municipal boundaries and approximately 1/2 mile west of 1-25 on County
Road 38. According to the application the dwelling is intended to be used as a home for their in-laws.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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. 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 22-2-20.F.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker,
guest and accessory quarters."
The proposed second single family dwelling would be built for the primary purpose of
being used as a second dwelling supporting family members.
USR16-0017, Craig & Cory Roehrs, Page 2 of 8
Section 22-2-20.H. - A.Goal 8. states. "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
There is currently water and septic provided to the property. Little Thompson Water
District provides the water through tap #674 and intends to supply water to the proposed
secondary dwelling as stated in their letter dated March 21, 2016 which was submitted in
the USR application. The existing septic system permitted on the property under permit
#G19890299 is sized for up to 4 bedrooms. According to the Department of Public Health
and Environment referral dated June 20, 2016 the septic field will need to be expanded to
accommodate the new residence. A repair permit, along with an additional septic tank will
be required for the second dwelling if approved. While the septic is undersized for the
new proposal as it is today, this referral letter explains that it is reasonably obtainable to
upgrade the septic system on site to support the new proposed development.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-40.M. Allows for one (1) single-family dwelling unit per lot other than those
permitted under section 23-3-20.A. (second single-family dwelling unit) in the Agriculture
(A) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The use and size of the Lots around the property are primarily single family residences
on parcels that range between 1.5 and 3 acres in size. The adjacent properties on the
south side of County Road 38 are all located within the Highland Estates Subdivision.
The adjacent parcels to the north of County Road 38 are located within the Town of Mead
in the Margil Farms Subdivision which are similar in size and use.
There are currently no Use by Special Review Permits issued in the Highland Estates
Subdivision. This proposed permit is for a second residence for family members which
would complement the existing surrounding residential land uses.
The Weld County Department of Planning Services has received two (2) responses from
the same surrounding property owner in opposition to this proposed application.
In a letter received by the Department of Planning Services on June 21, 2016 a
neighboring property owner who resides approximately 0.25 miles south of the proposed
site, expressed a variety of concerns and had many questions about the impacts this
second dwelling could have on the neighboring parcels of land. In a second letter
received by the planning department on July 11, 2016 the neighboring property owner
stated that the applicants attempted to contact him about the concerns in his initial letter
however they were unable to work out a resolution to these concerns.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the Town of Mead and the
Town of Berthoud. The site is also located within the Mead IGA. Neither town provided
referral comments.
USR16-0017, Craig & Cory Roehrs, Page 3 of 8
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
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 proposed home site is located on approximately 2 acres in a platted subdivision. The
soil designation for the site is "Other" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. Due to the classification given, the proposed USR will
not take "Prime (Irrigated)" Farmland out of production.
Section 23-2-220.A.7 - There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The Map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR16-0017 (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 38 is maintained by the Town of Mead. The Municipality has jurisdiction
over all accesses within their jurisdiction. Please contact municipality to verify the
access permit or for any additional requirement that may be needed to obtain or
upgrade the permit. (Department of Public Works)
5. The applicant shall show and label the subdivision drainage features and drainage
flow arrows on the lot. (Department of Planning Services - Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or 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
USR16-0017, Craig & Cory Roehrs, Page 4 of 8
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
map 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. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)_._.etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services - Engineer)
Right of way permit is required for any work within the Town of Mead public right of way.
(Department of Planning Services - Engineer)
6. Prior to the issuance of the Certificate of Occupancy:
A. An on -site waste -water treatment system is required for the proposed facility and shall be
installed according to the Weld County On -site Waste -water Treatment System (O.W.T.S.)
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County O.W.T.S. Regulations. (Department of
Building Inspection)
7. The Use by Special Review 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)
USR16-0017, Craig & Cory Roehrs, Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Craig and Cory Roehrs
USR16-0017
A Site Specific Development Plan and Use by Special Review Permit, USR16-0017, for one (1)
single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-
family dwelling unit), 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 Coda (Department of Planning Services)
3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
5. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
6. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
7. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
8. The property owner shall control noxious weeds on the site. (Department of Public Works)
9. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
10. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 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. (Department of Building Inspection)
11. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
12. 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.
13. 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
USR16-0017, Craig & Cory Roehrs, Page 6 of 8
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
14. 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.
15. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and 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.
16. WELD COUNTY'S RIGHT TO FARM: 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 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
USR16-0017, Craig & Cory Roehrs, Page 7 of 8
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.
USR16-0017, Craig & Cory Roehrs, Page 8 of 8
July 18, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: rreddick@weldgov.com
PHONE: (970) 353-6100, Ext.
FAX: (970) 304-6498
CHANDLER PATRICK
1601 SUMNER ST
LONGMONT, CO 80501
Subject: USR16-0017 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
LOT 3 HIGHLAND ESTATES; PART OF SECTION 3, T3N, R68 OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 16, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 7,
2016 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.0718 13:19:30 -06'00'
Ryder Reddick
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: rreddick@weldgov.com
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
May 26, 2016
Chandler Patrick
1601 Sumner St
Longmont, CO 80501
Subject: USR16-0017 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A IN THE A (AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
LOT 3 HIGHLAND ESTATES; PART OF Section 3, T3N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Mead at Phone Number 970-535-4477
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
fl
Ryder Reddick
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.05.26 09:53:40 -06'00'
FIELD CHECK
Inspection Date: 6/24/2016
Case Number USR16-0017
Applicant:
Request:
Legal
Description:
Craig & Cory Roehrs
3380 County Road 38, Mead, CO 80542
A Site Specific Development Plan and Use by Special Review Permit
for one (1) single-family dwelling unit per lot other than those permitted
under Section 23-3-20.A. in the A (Agricultural) Zone District
Lot 3, Highland Estates Subdivision being a part of the NW4 Section 3,
T3N, R68W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 38 and approximately 0.4 miles
east of County Road 7
Size of Parcel: +/- 2 acres
Parcel No. 1207-03-2-01-010
Zoning
Land Use
N
Town of Mead
N
Town of Mead Residential
Subdivision
E
A (Agricultural)
E
Subdivision -Single Family
Residential
S
A (Agricultural)
S
Subdivision -Single Family
Residential
W
A (Agricultural)
W
Subdivision -Single Family
Residential
COMMENTS:
The site contains a single family residence and a couple outbuildings. There is an access to the
site off of the south side of County Road 38.
) A 11 V.
Ryder Rtddick, Planner
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