HomeMy WebLinkAbout20133150.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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: COZ13-0003
APPLICANT: INEZ GUTIERREZ
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT 2 SUB EXEMPT SE -1150; PART SE4SE4 SECTION 36, T6N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO NW C STREET AND APPROXIMATELY 1,000
FEET WEST OF N 23RD AVE.
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 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
B. 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the Change
of Zone will be compatible with the surrounding land uses.
C. 23-2-30.A.3. - That adequate water and sewer service can be made available to the site to serve
the uses permitted within the proposed zone district.
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 plat:
A. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. (Department of Planning Services)
B. The applicant shall provide the Weld County Department of Planning Services with written
documentation from the City of Greeley that there is adequate potable water for this site.
(Department of Planning Services)
C. The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ13-0003. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C. and D. of the Weld County Code. (Department of
Planning Services)
C. All approved accesses shall be delineated on the plat. (Department of Planning
o?aa -31ST
RESOLUTION COZ13-0003
INEZ GUTIERREZ
PAGE 2
D. NW "C" Street is designated on the Weld County Road Classification Plan as a local paved
roadway, which requires 60 feet of right-of-way at full build out. The applicant shall verify the
existing 60 feet of right-of-way and the documents creating the right-of-way and this information
shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If
the existing right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld
County. (Department of Public Works)
E. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate
whether it is dedicated, private, or deeded. (Department of Public Works)
F. Show and label the floodplain and floodway (if applicable) boundaries on the plat. Label the
floodplain boundaries with the Floodplain Study information, Army Corps of Engineers 2003
Poudre River Floodplain Study. (Department of Public Works)
3. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for A (Agricultural) uses which shall comply with the A (Agricultural)
Zone District requirements as set forth in Article III Division 1 of the Weld County Code.
(Department of Planning Services)
B. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
C. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
D. Screening and/or buffering from adjacent uses may be required at time of Use by Special Review.
(Department of Planning Services)
E. 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 Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
F. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
G. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4) Area
which may trigger specific water quality requirements or other drainage improvements if the lot
develops further. (Department of Public Works)
H. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of the property may not be able to obtain
building permits to construct structures or store materials outside. All construction or
improvements occurring in the floodplain as delineated on Federal Emergency Management
Agency FIRM Community Panel Map # 080266-1528E, dated June 10, 2005, shall comply with
the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld
County Code and all applicable FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. (Department of Public Works)
I. Flood hazard development permits are required for development activities located within the
FEMA mapped Poudre River Floodplain. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including by not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials. (Department of Public Works)
J. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Public Works)
RESOLUTION COZ13-0003
INEZ GUTIERREZ
PAGE 3
K. Prior to the start of any development activities, the owner should contact the City of Greeley to
determine what if any additional upgrades are required to the water infrastructure in NW "C"
Street. (City of Greeley)
L. Water service shall be obtained from the City of Greeley. (Department of Public Health and
Environment)
M. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system.
Sewage disposal shall be by septic systems designed in accordance with the regulations of the
Colorado Department of Public Health and Environment, Water Quality Control Division and the
Weld County Code in effect at the time of construction, repair, replacement, or modification of the
system. (Department of Public Health and Environment)
N. Language for the preservation and/or protection of the absorption field shall be placed on the plat.
The note shall state that activities such as permanent landscaping, structures, dirt mounds or
other items are expressly prohibited in the absorption field site. (Department of Public Health and
Environment)
O. Building permits shall be obtained prior to the construction of any new building. A plan review is
required for each building. Plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. (Department
of Building Inspection)
P. Each new building will require an engineered foundation based on a site -specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
Q. Buildings, structures shall conform to the requirements of the various codes adopted at the time
of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing
Code: 20121nternational Energy Code; 2006 International Fuel Gas Code; the 2012 International
Plumbing Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter
29 of the Weld County Code. (Department of Building Inspection)
R. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Countywide Road Fee Impact Program.
S. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee program.
T. 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.
(Department of Planning Services)
U. 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.
RESOLUTION COZ13-0003
INEZ GUTIERREZ
PAGE 4
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,
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.
4. Upon completion of Conditions of Approval 1. and 2. 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 Department of Planning Services'
Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C. and 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.
5. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within one -hundred -twenty (120) days of approval by the Board of County Commissioners.
With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated
with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4) (Group 6 is not acceptable).
RESOLUTION COZ13-0003
INEZ GUTIERREZ
PAGE 5
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one -hundred -twenty (120) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3
month period.
Motion seconded by Bret Elliott.
VOTE:
For Passage Against Passage Absent
Bret Elliott
Jason Maxey
Joyce Smock
Michael Wailes
Nick Berryman
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 Commissioner's for further proceedings.
Benjamin Hansford
Bruce Sparrow
Jordan Jemiola
Mark Lawley
CERTIFICATION OF COPY
I, Kristine 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 October 15, 2013.
Dated the 15th of October, 2013.
f� Digitally signed by Kristine
2A t im.. Ra nslem
Date: 2013.10.17 15:15:44 -06'00'
Kristine Ranslem
Secretary
Lee Larson, 19247 Highway 60, stated that he plans to operate an automobile repair sho
Commissioner Maxey how long he has been operating on site. Mr. Larson said that th
property in 2007 but has been working out of this shop for the past year. He added that
was zoned for this use.
Commissioner Maxey said that no outdoor storage is allowed according to the proposed development
standards. Mr. Maxey referred to the aerial view and clarified if what is stored outdoors are personal
items. Ms. Aungst replied that there are personal items outside and it does not require screening. Mr.
Larson said that he intends to add more landscaping as well.
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 Ms. Aungst if she had the language for Development Standard 3. Ms. Aungst requested
a brief recess to get the information. The Chair called a recess at 1:49 pm and reconvened at 1:55 pm.
Ms. Aungst requested to amend Development Standard 3 to read "The number of on -site employees shall
be commensurate with the number of persons which the septic system may accommodate in accordance
with the requirements of the Weld County Code pertaining to Individual Sewage Disposal Systems
Regulations."
Motion: Motion to amend Development Standard 3 as stated by staff, Moved by Nick Berryman,
Seconded by Bruce Sparrow.
Motion passed unanimously.
Motion: Motion to amend Development Standard 19 as stated by staff, Moved by Nick Berryman,
Seconded by Joyce Smock.
Motion passed unanimously.
Motion: Motion to delete Condition of Approval 1.G and re -letter accordingly, Moved by Nick Berryman,
Seconded by Bret Elliott.
Motion passed unanimously.
The Chair asked the applicant if he has read through the amended Development Standards and
Conditions of Approval and if he is in agreement with those. The applicant replied that he is in
agreement.
Motion: Forward Case USR13-0039 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ13-0003
INEZ GUTIERREZ
DIANA AUNGST
CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
LOT 2 SUB EXEMPT SE -1150; PART SE4SE4 SECTION 36, T6N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO NW C STREET AND APPROXIMATELY 1,000
FEET WEST OF N 23RD AVE.
Diana Aungst, Planning Services, presented Case COZ13-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends denial of this application.
Commissioner Wailes asked if the applicants are using the water to or above its maximum capacity. Ms.
Aungst said it is unclear and added that it is a concrete business. She noted that it would be up to the
City of Greeley to require any infrastructure be improved.
z
p�0/3- 3/S6
Commissioner Jemiola clarified if the property to the west of the site is zoned agricultural. Ms. Aungst
replied that it is zoned agricultural and added that it was previously zoned R-1. She further added that
the property owners requested a change of zone in 2005 and it was approved to be rezoned to
agricultural.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, stated that at this time there is water and sanitary septic available to
the property. At the time when the applicant submits a land use application they will review the required
water and sanitary sewer adequacy, on -site dust control, and the Waste Handling Plan.
John Gutierrez stated that he lives in the house next door to the west of the subject site. He said that
they operate a concrete company and use this site as an office or storage space. He added that there is
no mixing of concrete on site. It is a 2 to 4 truck operation where the employees come at 7:30 am and are
gone to the job site until they return at 5 pm. There are 1 to 2 employees on -site daily.
Commissioner Wailes asked how long they have been in business. Mr. Guiterrez said that they have
been in business since 1989; however they have operated from this site for the last 4 years.
The Planning Commission asked if there was another zoning designation that staff would support for this
site. Ms. Aungst said that the minimum lot size in the agricultural zone district is 80 acres so the
recommendation would be the same since this lot does not meet the minimum lot size. She added that
commercial or industrial zoning could be a possibility; however due to compatibility staff may have the
same recommendation as well.
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 Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Commissioner Elliott wants to approve this request given the location and hopes that we can find a way
that the zoning will allow this use. Commissioner Berryman said that according to the Code it does not fit
but given the location and its surroundings it is compatible. Commissioner Wailes agreed and would love
to find a way to approve this. He doesn't believe that the water is an issue.
Commissioner Elliott asked why staff would not support industrial zoning for this site. Ms. Aungst said
that this site is surrounded by R-1 Residential uses and having a parcel zoned separate from its
surroundings is considered spot zoning and staff could not support this.
Motion: Forward Case COZ13-0003 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes,
Seconded by Bret Elliott.
Commissioner Wailes said that we have a precedent with the site to the west that was rezoned in 2005.
He cited Section 23-2-30.A and stated that the burden of proof is on the applicant to ensure that he has
water and according to his testimony Mr. Wailes doesn't believe it will be an issue. Additionally, Mr.
Wailes believes that a large portion of this property is adjacent to agricultural zoning and the area is
general is a cornucopia of zoning.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Bret Elliott, Jason Maxey, Joyce Smock, Michael Wailes, Nick Berryman.
No: Bruce Sparrow, Jordan Jemiola.
Commissioner Smock stated that the applicant has been in business for a few years and with no
objection from surrounding property owners she feels that this use is acceptable.
3
Commissioner Berryman said that future use of intensifying this site is naturally limited by the floodplain
and also the ability of water service.
Commissioner Elliot said that agriculture surrounds the property and with the precedent of the property to
the west that was rezoned in 2005 he doesn't believe it is an issue.
Commissioner Maxey said that he feels it is compatible with the area.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0045
ROBERT & PHYLIS BROWN, C/O CLEAN ENERGY COLLECTIVE
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, (577KW COMMUNITY SOLAR GARDEN)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LOT B REC EXEMPT RE -2496; PART W2 SECTION 29, T5N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 54; WEST OF AND ADJACENT TO CR
15.5.
Commissioner Maxey and Commissioner Wailes stated that they had visited this site and have submitted
their field checks to staff.
Kim Ogle, Planning Services, presented Case USR13-0045, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Commissioners Wailes referred to Section 22-5-140 and asked how the size of the solar facility is
determined between a large and a small facility. Mr. Ogle said that it is determined according to wattage.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Richard Miller, land manager for Clean Energy Collective, 3005 Center Green Drive, Boulder Colorado,
stated that this community solar garden would serve the citizens and businesses within the Poudre Valley
service area. He added that they have a Power Purchase Agreement with Poudre Valley Rural Electric
Association that allows anyone with an electric bill within their service area to participate in renewable
energy program.
Mr. Miller stated that the panels are purchased by citizens and businesses and the power that is
produced is then credited against their electric bill. This proposed facility would be available to anyone
within the service area of Poudre Valley to purchase a solar panel. This facility would have between
2,450 and 2,500 solar panels and would provide power that is equivalent to 167 homes for 1 year. The
site will be entirely fenced and they have talked with the landowners about providing screening.
Commissioner Jemiola asked if there is any possible ground contamination if the panels are damaged.
Mr. Miller replied no and added that there are no hazardous materials associated with or in the panels.
Mr. Jemiola inquired if there is any glare with these panels. Mr. Miller said that the surface of the panels
is made to help reduce the amount of glare and added that they have not received any complaints and
have had no issues with glare.
Commissioner Wailes asked if water rights are available to this site.
4
Hello