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IH \ LAND USE
APPLICATION
SUMMARY SHEET
CO1.)
Planner: Diana Aungst Hearing Date: March 18, 2014
Case Number: USR14-0001
Applicant: Gordon and Clarkie Weichel
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 S2NW4 Section 14, T2N, R65W of the 6th P.M., Weld County, CO
Description:
Location: West of and adjacent to County Road 45 and approximately one-quarter mile south of
County Road 22
Size of Parcel: +/- 80.00 acres Parcel No. 1307-14-0-00-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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 Building Department, referral dated February 14, 2013
• Weld County Department of Public Works, referral dated January 28, 2014
➢ Weld County Department of Public Health and Environment, referral dated January 23, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
v Town of Hudson, referral dated February 6, 2014
Weld County Zoning Compliance, referral dated January 13, 2014
✓ Central Weld County Water District, referral dated January 17, 2014
✓ Colorado Division of Parks and Wildlife, referral dated January 14, 2014
State of Colorado, Division of Water Resources, referral dated January 13, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Hudson Fire Protection District
School District RE-3J
➢ Platte Valley Conservation District
USR14-0001
Page 1 of 8
+�86�AlSPECIAL REVIEW PERMIT
11
ADMINISTRATIVE REVIEW
Planner: Diana Aungst Hearing Date: March 18, 2014
Case Number: USR14-0001
Applicant: Gordon and Clarkie Weichel
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 S2NW4 Section 14, T2N, R65W of the 6th P.M., Weld County, CO
Description:
Location: West of and adjacent to County Road 45 and approximately one-quarter mile south of
County Road 22
Size of Parcel: +/- 80.00 acres Parcel No. 1307-14-0-00-002
Case Summary:
The applicant, Mr. Gordon Weichel, is requesting a USR permit for two (2) dwellings on one parcel. The
principal dwelling and the apartment attached to the shop will be located on the southeast corner of the
80 acre parcel. The application materials include a well permit that is approved to serve three single-
family dwellings. There are also three permitted septic systems located on the parcel. There is a modular
on the southwest corner of the parcel that is not a part of the USR request.
The apartment (second home) on the property will be occupied by family members/caregivers which
could be approved with a Zoning Permit however, the applicant would like to have the flexibility of renting
this dwelling in the future and renting requires approval of a USR permit.
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 apartment (second home) on the property will be occupied by family
members/caregivers and the applicant would like to have the flexibility of renting this
dwelling in the future.
USR14-0001
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."
The applicant, Mr. Gordon Weichel, is requesting a USR permit for two (2) dwellings on
one parcel. The principal dwelling and the apartment attached to the shop will be located
on the southeast corner of the 80 acre parcel. The application materials include a well
permit that is approved to serve three single-family dwellings. There are also three
permitted septic systems located on the parcel. There is a modular on the southwest
corner of the parcel that is not a part of the USR request.
B. 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. which allows 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
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent properties are mainly utilized for pastures, crops, and rural residences. The
properties to the north, south, east, and west are primarily cropland. The closest
residence not owned by the applicant is approximately one-half mile north of the site.
There are two (2) USRs located within one mile of this parcel. USR-621 for a single-
family dwelling is located north of the site and USR-1519 for a home business for the
parking and maintenance of trucks and trailers is located northeast of the site. The Weld
County Department of Planning Services has not received any correspondence from the
surrounding property owners that objects to this USR.
The Conditions of Approval and Development Standards ensure that there are adequate
services and facilities available.
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 Town of Hudson. The Town of
Hudson's referral dated February 6, 2014 indicated no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
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.
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 proposed facility is located on approximately 70 acres "Prime (Irrigated)", 2 acres of
"Other Land", and 8 acres of "Prime if they become Irrigated" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The residences will be
USR14-0001
Page 3 of 8
located on the dry corners on the southeast corner and therefore this USR will not take
any"Prime (Irrigated)" land out of production.
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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0001. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) County Road 22 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County
Road 22 right-of-way. All setbacks shall be measured from the edge of future right-of-
way. The applicant shall verify the existing right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department of
Public Works)
5) Show the approved access on the plat and label it with the approved access permit
number(AP14-00029). (Department of Public Works)
6) The applicant shall place on the plat drawing: 30-foot access easement across Lot C of
RE-2345, for the benefit of Parcel 130714000002 on case USR14-0001. (Department of
Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper
copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat 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)
USR14-0001
Page 4 of 8
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
5. Prior to the issuance of the Certificate of Occupancy:
A. Septic permit SP-1300113 shall receive final approval from the Environmental Health
Services Division of the Weld County Department of Public Health and Environment.
(Department of Public Health and Environment)
6. 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)
USR14-0001
Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gordon Weichel
USR14-0001
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0001, 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 Code. (Department of Planning Services)
3. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180 of the Weld County Code. (Department of Public Works)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public
Health and Environment)
6. 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.
(Department of Public Health and Environment)
7. Sewage disposal shall be by septic system. Any septic system located on the property must
comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
9. The facility shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
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 permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2011 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection.
(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.
USR14-0001
Page 6 of 8
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 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. 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 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,
USR14-0001
Page 7 of 8
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, sand burs, 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.
USR14-0001
Page 8 of 8
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3524
C v i FAX: (970)304-6498
r
February 24, 2014
WEICHEL GRADY
22460 CR 22
HUDSON, CO 80642
Subject: USR14-0001 -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:
S2NW4 SECTION 14, T2N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 18, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 9, 2014 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.weldcoUntyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
VA- Digitally signedauthior oof R
Q9 C Fiaron:l am the by Kristine
n nslemthisdocument
Date:2014.02.2410:11:21-07'00'
Diana Aungst
Planner
h N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
. WEBSITE: www.co.weld.co.us
�� E-MAIL: daungst@co.weld.co.us
PHONE: (970)353-6100, Ext. 3524
N
' FAX: (970)304-6498
January 13, 2014
WEICHEL GRADY
22460 CR 22
HUDSON, CO 80642
Subject: USR14-0001 -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:
S2NW4 SECTION 14, T2N, R65W 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 Commission(s)for their review and comments:
Hudson at Phone Number 303-536-9311
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
_�_pL_ Digitally signed by'Kristine Ranslem
AAA.aFbason:I am the author of thisdocument
Date:2014.01.13 07:2842-07'00'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 3/7/14
Case Number: USR14-0001
Applicant: Gordon and Clarkie Weichel
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 S2NW4 Section 14, T2N, R65W of the 6th P.M., Weld County, CO
Description:
Location: West of and adjacent to County Road 45 and approximately one-quarter mile
south of County Road 22
Size of Parcel: +/- 80.00 acres Parcel No. 1307-14-0-00-002
Zoning Land Use
N PUD N Pioneer Development
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W PUD W Pioneer Development
COMMENTS:
The site is primarily cropland; there are two residences and a shop on the southeast corner and
a modular on the southwest corner. The existing access point is off of County Road 22 and
routes through the adjacent property.
09Cx'
Diana Aungst, Planner
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