HomeMy WebLinkAbout20202760.tiff EXHIBIT
b
d
.0
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION .-.
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille , 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 : COZ20-0005
APPLICANT : BRIAN HARRELL
PLANNER : MAXWELL NADER
REQUEST: CHANGE OF ZONE FROM THE C-3 ( BUSINESS COMMERCIAL ) ZONE DISTRICT
AND THE R - 1 ( LOW-DENSITY RESIDENTIAL ) ZONE DISTRICT TO THE A
(AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION LOT 1 SW4NW4 AND LOT 4 NW4NW4 ALL IN SECTION 4 T5N . R65W OF THE
6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : APPROXIMATELY 800 FEET EAST OF 1ST AVENUE : APPROXIMATELY 0 . 36
MILES NORTH OF HWY 263
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 22-2-20. D. - A . Goal 4. Promote a quality environment which is free of derelict vehicles,
refuse, litter and other unsightly materials.
The current property is in a zoning violation , ZCV19-00076 , due to the storage of commercial
vehicles and equipment, two homes and a visible non-commercial junkyard . This proposed Change
of Zone and subsequent NCU or USR will correct the outstanding violation and split zoning issue if
approved . The requested approval action will also clean up the property significantly and will require
the applicant to appropriately manage the commercial vehicles by having them removed from the
property and by screening the non-commercial junkyard so that it is not a visual impact to the
surrounding neighbors .
Section 22-2-20. 1. - A . Goal 9. Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses.
This proposed Change of Zone will be appropriately correcting a split zoning of C-3 ( Business
Commercial ) and R- 1 ( Low- Density Residential ) Zone District to the A (Agricultural ) Zone District .
This zoning change will additionally correct current problems that are on the property such as an
existing oil and gas facility that will become a Use by Right in the (A) Agricultural Zone District .
Furthermore . it will allow the applicant to apply for a Non- Conforming Use or Use by Special Review
Permit for the second home on the property which is a permit allowed to be applied for in an
Agricultural Subdivision such as Union Colony Lands .
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 Weld County Department of Planning Services sent notice to eighteen ( 18 ) surrounding property
owners within five hundred (500) feet . There were no responses received from any of the surrounding
property owners .
The properties to the west are zoned C - 3 ( Business Commercial ) and R- 1 ( Low- Density Residential ) .
The property to the east is zoned A (Agricultural ) . The property to the north is zoned R- 1 ( Low-
Density Residential ) and the property to the south is zoned 1 -2 ( Medium Industrial ) . The uses within
the surrounding properties include a Gravel Mining Operation permitted through 2MUSR16-85-690 .
Site Plan Reviews for storage and vehicle repair businesses . Other uses include oil and gas ,
residential and grazing land . The subject property will continue to be used for the use it has primarily
been used for which is residential and oil and gas . At the time of initiating the violation , ZCV19-
RESOLUTION COZ20-0005
BRIAN HARRELL
PAGE 2
00076,the property had parking and storage of commercial vehicles A site visit took place on August
7,2020 and it appears there is no longer the large number of commercial vehicles on site when the
original violation was started but there are still a few commercial vehicles on site that need to be
addressed
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
As stated previously the property has an existing well on site,well permit no 226878-A Permit no
226878-A allows the use of the well for fire protection, ordinary household purposes inside two(2)
single-family dwellings, the irrigation of not more than 10,000 square feet of home gardens and
lawns, and the watering of domestic animals The Colorado Division of Water Resources does not
have any concerns with the proposed Change of Zone and states the this Change of Zone will not
affect the existing well permit per their referral dated June 25, 2020
The two homes on site are served by unpermitted on-site wastewater treatment systems(OWTS)
Upon approval of the Use by Special Review Permit the OWTS will be reviewed through the
Statement of Existing and if the systems are found to be inadequately sized for the proposed use,the
systems will be required to be brought in to compliance with current OWTS regulations per the Weld
County Department of Public Health and Environment Referral dated July 20, 2020
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
The property accesses off of 1St Avenue via private easement This easement has been the historic
access used by the property and the other three (3) properties for many years The applicant is
required to submit a recorded access agreement between all property owners as a condition of
approval to insure current and future owners of the subject property have sufficient access 1st
Avenue is with a spur from State Highway 85 therefore the Colorado Division of Transportation
(CDOT)was sent a referral CDOT had no concerns or comments with the proposed Change of Zone
as stated in their referral dated July 9, 2020
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 is not located within an Overlay District
or Geological Hazard Area The proposed Change of Zone is located in a Special Flood Hazard
Area The Department of Planning Services—Floodplain per their referral dated July 7,2020, is
requiring to show the floodplain boundaries on the map and has provided comments to be
incorporated as Development Standards but does not have any further concerns with the
Change of Zone proposal
2) Section 23-2-30 A 5 b -The proposed Change of Zone does not interfere with the present or
future extraction of mineral resources No comments from the mineral owner were received
Additionally,the parcel of land is part of a platted subdivision, Union Colony Lands Subdivision
approved on April 7th 1891
3) Section 23-2-30 A 5 c -The Natural Resources Conservation Service Soil Survey dated April 10,
2020 indicated Aquolls,Aquents and Ustic Torriothents soils were encountered
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
Change of Zone, COZ20-0005,from the C-3(Business Commercial)and R-1(Low-Density Residential)Zone
Distnct to the A (Agricultural)Zone Distract is conditional upon the following
1 Prior to recording the plat
RESOLUTION COZ20-0005
BRIAN HARRELL
PAGE 3
A . There is a Use by Special Review Permit USR- 1089 , Reception # 2530761 , for an Oil and Gas
Production Facility in the R- 1 ( Low Density Residential ) and 1 -2 ( Industrial ) Zone Districts . This USR
encompasses the entire subject property . The applicant shall address the continued operation of
USR- 1089 and which lot(s) it is to be associated with . The applicant shall have a partial vacation
completed prior to recording the Change of Zone map .
B . There is a Use by Special Review Permit USR- 1656 for an Oil and Gas Production Facility that was
approved by the Board of County Commissioners by signed Resolution on August 20th , 2008 . USR-
1656 plat was never recorded therefore never perfecting the USR . The applicant shall request to
have USR- 1656 rescinded prior to recording the Change of Zone map .
C . The applicant has indicated that there are two (2 ) dwellings on proposed Change of Zone Lot . The
applicant shall submit a Non-Conforming Use or Use by Special Review ( USR) application and pay
the associated fees to the Weld County Department of Planning Services for the secondary home
located on proposed Change of Zone property or convert the second home into an accessory
structure .
be for ingress and egress and sha be referenced on the p at by the We d County Cler< and
Recorders reception number. (Department of Planning Services)
E . All vehicles located on the property must be operational with current license plates or be screened
from all adjacent properties and public rights-of-way or be removed from the property . All other items
considered to be part of a noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights-of-way .
F . The plat shall be amended to delineate the following :
1 . All pages of the plat shall be labeled COZ20- 0005 . ( Department of Planning Services)
2 . The plat shall adhere to Section 23-2- 50 . C and D . of the Weld County Code . ( Department of
Planning Services)
3 . All recorded easements shall be shown and dimensioned on the Change of Zone plat .
( Department of Planning Services)
4 . Show the floodplain and floodway ( if applicable) boundaries on the map . Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study .
( Department of Planning Services - Floodplain )
5 . Show and label a 30-ft. minimum access and utility easement to provide legal access to the
parcel on the plat . ( Department of Public Works)
6 . Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way . ( Department of Public Works)
7 . Show the approved Colorado Department of Transportation ( CDOT) access point on the plat and
label with the approved access permit number if applicable . ( Department of Public Works)
2 . The following notes shall be delineated on the Change of Zone plat :
1 . Change of Zone , COZ20- 0005 , allows for A (Agricultural ) uses which shall comply with the A
(Agricultural ) Zone District requirements as set forth in Chapter 23 , Article III Division 1 of the Weld
County Code . ( Department of Planning Services)
RESOLUTION COZ20-0005
BRIAN HARRELL
PAGE 4
2 Water service may be obtained from appropriately permitted wells (Department of Public Health and
Environment)
3 The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may 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)
4 Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction of
the soil or to structural loading detrimental to the structural integrity or capability of the component to
function as designed (Department of Public Health and Environment)
5 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15,Article I and II, of the Weld County Code (Department of Public Works)
6 All'access and utility easements are dedicated for the benefit of all owners of lots depicted on this
plat, including owners of future lots created therefrom, regardless of lot configuration or number of
users, and without limitation of the use or intensity of the use of such easements No lot owner may
install a gate or otherwise impede the use of such easements without the approval of all persons with
rights of use of such easements (Department of Public Works)
7 A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #s 08123C-1541E dated January 20, 2016 (Cache la Poudre River
Floodplain) Any development shall comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado,and FEMA regulations and requirements as described in 44 CFR parts 59,
60, and 65 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 Planning Services-Floodplain)
8 FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of and
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified (Department of Planning Services- Floodplain)
9 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)
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 2018 International Codes,2006 International Energy
Code,and 2017 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 Planning
Services)
11 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs (Department of Planning Services)
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 (Department of
RESOLUTION COZ20-0005
BRIAN HARRELL
PAGE 5
Planning Services)
13 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
14 RIGHT TO FARM STATEMENT 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, in many cases, will not be equivalent to
municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers
RESOLUTION COZ20-0005
BRIAN HARRELL
PAGE 6
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
3 Upon completion of Conditions of Approval 1 and 2 above,the applicant shall submit one(1)paper copy
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
4 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 be added for each additional 3-
month period
Motion seconded by Dwaine Barclay
VOTE
For Passage Against Passage Absent
Tom Cope
Gene Stile
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
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 Commissioners 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 August 18, 2020
Dated the 18th of August, 2020
45\166, Aiidliku
Kristine Ranslem
Secretary
EXHIBIT
L
V-X\eakts
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 1
6/ 181 2.02O Tuesday , August Au ust 18 , 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair,
Elijah Hatch , at 12 : 30 pm .
Roll Call .
Present : Dwaine Barclay , Elijah Hatch , Gene Stille , Lonnie Ford , Sam Gluck , Skip Holland , Tom Cope , Troy
Mellon .
Absent/Excused : Butch White .
Also Present : Maxwell Nader, Department of Planning Services ; Lauren Light , Department of Health ;
Melissa King , Department of Public Works ; Bob Choate , County Attorney , and Kris Ranslem , Secretary .
CASE NUMBER : COZ20-0005
APPLICANT : BRIAN HARRELL
PLANNER : MAXWELL NADER
REQUEST : CHANGE OF ZONE FROM THE C-3 ( BUSINESS COMMERCIAL ) ZONE
DISTRICT AND THE R- 1 ( LOW- DENSITY RESIDENTIAL ) ZONE DISTRICT TO
THE A (AGRICULTURAL ) ZONE DISTRICT.
LEGAL DESCRIPTION : LOT 1 SW4NW4 AND LOT 4 NW4NW4 ALL IN SECTION 4 , T5N , R65W OF THE
6TH P . M . , WELD COUNTY . COLORADO .
LOCATION : APPROXIMATELY 800 FEET EAST OF 1ST AVENUE ; APPROXIMATELY 0 . 36
MILES NORTH OF HWY 263 .
Max Nader, Planning Services , presented Case COZ20-0005 , reading the recommendation and comments
into the record . Mr. Nader noted that no letters or phone calls were received from surrounding property
owners . The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards .
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements and on -
site dust control .
Commissioner Holland asked what the reason is for the violation . Mr. Nader said the violation was due to
the commercial vehicles parked on site . He added that those vehicles are no longer there so technically
the only violation is the two homes on the property . Mr. Nader said that there is a condition of approval that
the applicant will need to address that .
Todd Hodges , Todd Hodges Design , 2412 Danby Court , Ft . Collins , Colorado , stated that they are
proposing to change the zone from an existing commercial zone district to agricultural zoning . The applicant
would like to continue the use of the property as residential and agriculture since the origination of this
property . He added that there have been two residences on this property for quite some time .
Mr. Hodges said that he believes the original zoning was initiated by Weld County and added that this will
take care of the issue with the two homes . He added that the conditions of approval are acceptable ;
however, he did refer to the existing access . He stated that there is an existing right-of-way on a portion of
the access and there are existing easements which are documented on the change of zone map .
In response to Commissioner Stille' s inquiry . Mr. Hodges clarified that this property encumbers 20 acres .
Mr. Stille asked what the future use of the property will be . Mr. Hodges said that right now, the applicant
wishes to continue to use this property as his residence . He added that the applicant has done a lot of
clean up on the property .
1
Brian Harrell, 288 1st Avenue, Greeley, Colorado, stated that he doesn't have any plans currently of what
or if he will be planting anything He is just wanting to keep his residence and clean up the property He
added that it has been in his family for 50 years and he has inherited the items left behind
Commissioner Stille asked if there are any issues with the access Mr Harrell said that there are no issues
and added that it is 30 foot wide Mr Nader said that it is a combination of five different easements He
added that Mr Hodges worked with a surveyor and they found all the easements and they are identified on
the change of zone map Therefore, Mr Nader recommended deleting Condition of Approval 1 D since the
access has been addressed
Commissioner Gluck asked how many septic systems will be required for both homes Ms Light said it
depends on what the existing system is and when the size gets evaluated
Commissioner Cope clarified if there are two (2) homes on the site Mr Harrell replied yes Mr Nader
added that the first home was built in 1906 or 1910, prior to the 1972 zoning and is classified as an NCU
(nonconforming use) He added that the second home was built in 1985 and is considered a Use by Right
on the agricultural zoned property
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 referred to Staff's recommendation of the removal of Condition of Approval 1 D
Motion Delete Condition of Approval 1 D, Moved by Skip Holland, Seconded by Tom Cope Motion
carried unanimously
The Chair asked the applicant if they have read through the amended Conditions of Approval and if they
are in agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ20-0005 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Gene
Stille, Seconded by Dwaine Barclay
Vote Motion carried by unanimous roll call vote(summary Yes=8)
Yes Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope, Troy
Mellon
Meeting adjourned at 12 49 pm
Respectfully submitted,
�"
Kristine Ranslem
Secretary
2
Hello