HomeMy WebLinkAbout20110460.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley,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: CZ-1156
APPLICANT: Balmes Homes LLC Defined Benefit
PLANNER: Michelle Martin
REQUEST: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District.
LEGAL DESCRIPTION: Outlot A of Highland Farms PUD being part NW4 of Section 5,Ti N,R68W of the
6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to State Hwy 52 and east of CR 3.
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.
Section 22-2-120.R.Goal 1. Ensure that adequate services and facilities are currently
available or reasonably obtainable to serve the residential development or district.
The property will be serviced by Left Hand Water District as stated in letter dated 2/17/2010
and an Individual Sewage Disposal System.
• Section22-2-120.R.Goal 3. Consider the compatibility with surrounding land uses, natural site
features, nearby municipalities'comprehensive plans and general residential growth trends
when evaluating new residential development proposals.
The surrounding property to the west and south are zoned Estate, the property to the east is
zoned Agricultural and State Highway 52 borders the property to the north. The property is
located within the three mile referral area for the City of Dacono and the Towns of Erie and
Frederick and Boulder County. The City of Dacono and the Town of Erie indicated in their
referrals dated 8/30/2010 they have no conflicts with the proposed development. The Town
of Frederick and Boulder County did not respond to the referral request. No comments have
been received from the surrounding property owners regarding the proposed change of
zoning. Therefore, the impact of the proposed use will be compatible with the surrounding
land uses.
B. Section 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.
The property is predominantly surrounded by residential uses along the south,west and east
side of the property with State Highway 52 to the north. There are several Subdivisions within
close proximity to the property in question including: Highland Farms PUD, Highview Ranch
PUD and Summit at Mountain View all with E (Estate) Zoning.
C. Section 23-2-30.A.3. -Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
The property will be serviced by Left Hand Water District and an Individual Sewage Disposal
System.
• D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. . _.
2011-0460
Resolution CZ-1156
Balmes Homes LLC Defined Benefit
Page 2
• The Colorado Department of Transportation (CDOT) in their referral dated 9/1/2010 stated
the applicant has already obtained an access permit from CDOT for an additional house
using the eastern access.
E. Section 23-2-30.A.5.-In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. - The proposed Change of Zone does not lie within an
Intergovernmental Agreement Area.
2) Section 23-2-30.A.5.b. -The site is underlain by eolian (wind deposited soils) over
Laramie Formation bedrock according to the Colorado Geological Survey referral
dated 9/13/2010.
3) Section 23-2-30.A.5.c. - Soil conditions on the site are not such that they present
moderate or severe limitations to the construction of structures of facilities proposed
for the site.The Colorado Geological Survey stated in their referral dated 9/13/2010,
A site-specific geotechnical investigation is required, once a building location is
determined and prior to building permits applications, to characterize subsurface
conditions and address potential development constrains such as expansive
bedrock, expansive and collapsible soils, and shallow groundwater/perched water
conditions."
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 Change of Zone from the A (Agricultural)Zone District to E(Estate)Zone District is conditional
upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements of Weld County School District RE-1J as stated in
the referral response dated 9/8/2010. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Weld County School District RE-1J)
B. 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. The plat shall be amended to include any possible
future drilling sites and/or setbacks. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ-1156. (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 recorded easements shall be shall be shown and dimensioned on the Change of Zone
plat. (Department of Planning Services, Department of Public Works)
D. State Highway 52 requires 100 feet right-of-way at full build out. Any additional right of way
and existing right of way shall be delineated on the plat as future right-of-way and the
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documents creating the existing right-of-way shall also be delineated on the plat
E. All approved accesses shall be delineated on the plat. (Department of Planning Services)
Resolution CZ-1156
Balmes Homes LLC Defined Benefit
Page 3
• F. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for E (Estate) uses which shall comply with the E
(Estate) Zone District requirements as set forth in Article Ill Division 5 of the Weld
County Code. (Department of Planning Services)
2. 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)
3. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
4. 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)
5. 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)
6. New buildings 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: 2006 International Building Code, 2006 International Mechanical Code,
2006 International Plumbing Code,2008 National Electrical Code and Chapter 29 of
• the Weld County Code. (Department of Building Inspection)
7. Effective January 1, 2003, Building Permits issued on the lot will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance
2002-11) (Department of Planning Services)
8. Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)(Department
of Planning Services)
9. Water service shall be obtained from Left Hand Water District. (Department of
Health and Environment)
10. 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
Health and Environment)
11. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater
than or equal to one acre in area. Contact the Water Quality Control Division of the
Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of
Health and Environment)
12. During development of the site, all land disturbances shall be conducted so that
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nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Health Department, a fugitive dust control plan
must be submitted. (Department of Health and Environment)
Resolution CZ-1156
Balmes Homes LLC Defined Benefit
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• 13. In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods that are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Health and
Environment)
14. Activities such as permanent landscaping, structures,dirt mounds or other items are
expressly prohibited in the septic absorption field site. (Department of Health and
Environment)
15. 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)
16. The historical flow patterns and run-off amounts will be maintained on site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm run-off.
(Department of Public Works)
17. 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.
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Resolution CZ-1156
Balmes Homes LLC Defined Benefit
Page 5
• 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.
G. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above 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 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30) 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)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within sixty(60)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). (Department of Planning
Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) 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 Bill Hall.
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Resolution CZ-1156
Balmes Homes LLC Defined Benefit
Page 6
• VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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.
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 February 1, 2011.
. Dated the 1st of February, 2011.
,tom
Kristine Ranslem
Secretary
•
-/- fir/
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, February 1, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 101h Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:35 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present Michelle Martin, Kim Ogle, and Tom Perko, Department of Planning Services;Elizabeth Relford,
Don Carroll, Heidi Hansen and Janet Carter, Department of Public Works; Lauren Light and Troy Swain,
Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Alexander Zauder moved to approve the January 18, 2011 Weld County Planning Commission minutes,
seconded by Mark Lawley. Motion carried.
The Chair read the first case into record.
• CASE NUMBER: CZ-1156
APPLICANT: Balmes Homes LLC Defined Benefit
PLANNER: Michelle Martin
REQUEST: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District.
LEGAL DESCRIPTION: Outlot A of Highland Farms PUD being part NW4 of Section 5,Ti N, R68W of the
6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to State Hwy 52 and east of CR 3.
Michelle Martin, Planning Services, stated that the applicant has applied for a Change of Zone from the A
(Agricultural) Zone District to the E (Estate)Zone District.
The property will be serviced by Left Hand Water District and an Individual Sewage Disposal System
The surrounding property to the west and south are zoned Estate,the property to the east is zoned Agricultural
and State Highway 52 borders the property to the north. The property is located within the three mile referral
area for the City of Dacono and the Towns of Erie and Frederick and Boulder County.The City of Dacono and
the Town of Erie indicated in their referrals, dated August 30, 2010, that they have no conflicts with the
proposed development. The Town of Frederick and Boulder County did not respond to the referral request.
No comments have been received from the surrounding property owners regarding the proposed change of
zoning. Therefore, the impact of the proposed use will be compatible with the surrounding land uses.
The Colorado Department of Transportation (CDOT)in their referral dated September 1,2010 stated that the
applicant has already obtained an access permit from CDOT for an additional house using the eastern access.
Planning staff is recommending approval of the application along with the conditions of approval and
development standards.
• Lauren Light, Environmental Health, commented that they do not have any concerns with this request.
Heidi Hansen, Public Works, stated that the applicant has provided an approved CDOT access .ermit. She
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added that they do not have any concerns with this request as well.
• Greg Balmes stated that they would like to build a house on the east ag lot. He added that this lot was part of
Highland Farms Subdivision and he purchased the lot from the original developer. He would like to see
someone living on the property and maintaining it.
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 he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case CZ-1156 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand, absent; Bill Hall,yes;Alexander Zauder, yes; Jason Maxey,
absent; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1765
APPLICANT: Coronet Investment Company LLC
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
commercial junkyard or salvage yard, offices, and outdoor storage (for a
construction company) in the C-3(Commercial)Zone District.
LEGAL DESCRIPTION: Lot 2,Althen Boyer Subdivision being part of the SW4 of Section 23,T1 N, R68W
of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of
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CR 6.
Michelle Martin, Planning Services, stated that currently the property is in violation(ZCV10-00005)due to the
presence of a commercial junkyard/salvage yard and other commercial activities without first submitting and
completing the necessary Weld County Zoning Permits.
The Department of Planning Services recommends that this request be denied for the following reasons:
Section 23-2-260.E.2 of the Weld County Code states "Proof that a water supply will be available which is
adequate in terms of quantity, quality and dependability (e.g., a well permit or letter from a water district)."
The State of Colorado Office of the State Engineer in their referral dated November 29, 2010 stated,"Based
on the submitted materials,water is currently supplied to the facility from an existing well with Permit Number
15774-F. Based on the information available in the State Engineer's Office this well is constructed to a depth
of 680 feet and likely withdraws water from the Laramie-Fox Hills aquifer. At the location of the well it is
presumed that ground water in the Laramie-Fox Hills is hydraulically connected (tributary) to an over-
appropriated stream system and that pumping of the well will cause material injury to other water rights. As
such, a court approved augmentation plan is required to offset depletion caused by pumping of the well.
According to the records available in the State Engineer's Office this well is not included in a court approved
augmentation plan, as recommended in previous correspondence regarding this well, dated June 11, 1992
and December 1, 1993. If this well is not included in a court approved augmentation plan this well cannot be
used to provide water to the existing or proposed facility until such time as the application obtains a court
approved augmentation plan or substitute water supply plan that replaces the depletions from the well in time,
location and amount so as to prevent injury to other water rights. Since our office does not have evidence that
this well is included in a court approved augmentation plan, the Division Engineer for Water Division 1 has
sent the well owner the letter for Cause Order.
• It is the opinion of the Department of Planning Services'staff that the applicant has also not shown compliance
with Section 23-2-220 of the Weld County Code as follows:
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