HomeMy WebLinkAbout20190540.tiffEXHIBIT
BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope. 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:
A. CASE NUMBER: COZ18-0005
APPLICANT PAUL & MICHELLE KING
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE E (ESTATE) ZONE DISTRICT TO THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION LOT B REC EXEMPT RE -3358, PART NW4 SECTION 10, T7N, R67W OF THE
6TH P.M., WELD COUNTY. COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 84, EAST OF AND ADJACENT TO CR 19.
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 this Code; if not, then that
the zoning of the property under consideration is faulty, or that changing conditions in the area
warrant a Change of Zone.
Section 22-2-20.A.2. — A.Policy 1.2. States: -Support the development of creative policies for
landowners to voluntarily conserve agricultural land."
This change of zone request is the result of landowners finding a way to preserve agricultural land
and open space and to regain full use of their property.
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 Planning Commission has not received any correspondence from surrounding property owners.
Adjacent properties to the north, south, east and west are all zoned A (Agricultural). These properties
are being used for agriculture, as rangeland and rural residences. A high -density subdivision has
been platted a half -mile to the south on the west side of County Road 19 within the municipal
boundary of Severance. Several parcels in the area with E (Estate) zoning have not ever submitted
final plats and are vacant as well.
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 Colorado Division of Water Resources, in the referral dated October 23, 2018, indicated no
concerns with being able to permit a well on the property. The Department of Environmental Health
Services, in the referral dated November 14, 2018, indicated that a septic system would be
acceptable on the property.
D. Section 23-2-30.A.4. — "That street or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone districts..."
The proposed access to the property is located 800 feet east of County Road 19 on County Road 84,
which currently meets spacing requirements, according to the Department of Public Works referral.
dated November 26. 2018.
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:
RESOLUTION COZ18-0005
PAUL & MICHELLE KING
PAGE 2
1) Section 23-2-30.A.5.a. - If the proposed Change of Zone is located within any Overlay District
identified by maps officially adopted by the County, that the applicant has demonstrated
compliance with the County regulations concerning Overlay Districts. Compliance may be
demonstrated in a previous public hearing or in the hearing concerning the rezoning application.
The proposed Change of Zone is not located within an Overlay District, Geological Hazard Area
or a Special Flood Hazard Area. The Geologic Evaluation submitted with the application materials
states that no geologic hazards were present and areas of the site with Olney soils would be
acceptable places for light residential development.
2) Section 23-2-30.A.5.b. — That the proposed rezoning will not permit the USE of any area known to
contain a commercial mineral deposit in a manner which would interfere with the present or future
extraction of such deposit by an extractor to any greater extent than under the present zoning of
the property.
The proposed Change of Zone does not interfere with the present or future extraction of mineral
resources. All oil and gas wells within one mile of the site are either abandoned, plugged and
abandoned or shut in. The Geologic Evaluation of the site does not identify any economically
recoverable mineral resources on site.
3) Section 23-2-30.A.5.c. — If soil conditions on the site are such that they present moderate or
severe limitations to the construction of structures or facilities proposed for the site, that such
limitations can be overcome and that the limitations will be addressed by the applicant and/or the
applicant's successors or assigns prior to the development of the property
The Geologic Evaluation submitted with the application materials states that no geologic hazards
were present and areas of the site with Olney soils would be acceptable places for light
residential development.
The Planning Commission recommends conditional approval of this request. 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 E Zone District to A Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ18-0005. (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 shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
4. County Road 19 is a gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall
be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to
the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. This road is maintained by Weld
County. (Department of Public Works)
5. County Road 84 is a gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full
RESOLUTION COZ18-0005
PAUL & MICHELLE KING
PAGE 3
buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall
be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to
the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. This road is maintained by Weld
County. (Department of Public Works)
6. Show and label the existing and proposed access point(s) and the usage types (Agriculture,
Residential, or Commercial/Industrial). Public Works will review access locations as a part of the
plat submittal. (Department of Public Works)
B. The following notes shall be delineated on the Change of Zone plat:
1. 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)
2. The use of the property 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 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)
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. Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way. (Department of Public Works)
7. 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)
8. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
9. Prior to the release of building permits, the applicant shall be required to submit a complete
access application for a "preliminarily approved" access location as shown on this plat.
(Department of Public Works)
10. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public
Works)
11. The historic flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
12. Water service may be obtained by an individual well. (Department of Public Health and
Environment)
13. 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
RESOLUTION COZ18-0005
PAUL & MICHELLE KING
PAGE 4
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)
14. 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)
15. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
16. 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
RESOLUTION COZ18-0005
PAUL & MICHELLE KING
PAGE 5
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, 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.
2. Upon completion of Conditions of Approval 1. 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.
3. 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).
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 added for each additional 3 -month
period.
Motion seconded by Bruce Johnson.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Against Passage Absent
Elijah Hatch
Skip Holland
RESOLUTION COZ18-0005
PAUL & MICHELLE KING
PAGE 6
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, Michelle Wall, 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 January 15, 2019.
Dated the 15th of January, 2019
,-/vtecv_eae. Wea-e.
Michelle Wall
Secretary
EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 15. 2019
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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.
Michael Wades. at 12.30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson. Gene Stille. Tom Cope. Lonnie Ford. Richard
Beck.
Absent: Elijah Hatch. Skip Holland.
Also Present: Kim Ogle, Chris Gathman. Diana Aungst, Michael Hall. Angela Snyder, Department of
Planning Services. Lauren Light and Ben Frissell. Department of Health. Evan Pinkham, Mike McRoberts
and Hayley Balzano. Public Works. Frank Haug. County Attorney. and Michelle Wall. Secretary.
Motion: Approve the December 18. 2018 Weld County Planning Commission minutes. Moved by Gene
Stifle. Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER. COZ18-0005
APPLICANT PAUL & MICHELLE KING
PLANNER ANGELA SNYDER
REQUEST CHANGE OF ZONE FROM THE E (ESTATE) ZONE DISTRICT TO THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION LOT B REC EXEMPT RE -3358. PART NW4 SECTION 10 T7N. R67W OF THE
6TH P M. WELD COUNTY COLORADO.
LOCATION. SOUTH OF AND ADJACENT TO CR 84, EAST OF AND ADJACENT TO CR 19.
Angela Snyder. Planning Services_ presented Case COZ18-0005, 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.
Hayley Balzano, 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. on -site
dust control. and the Waste Handling Plan.
Michelle and Paul King. 28990 Highway 257. Greeley. Colorado. Ms. King stated they want to build a
single-family home on the 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 asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ18-0005 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Tom Cope. Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow. Gene Stille, Lonnie Ford, Michael Wailes Richard Beck. Tom Cope.
Meeting adjourned at 5:05 pm.
Respectfully submitted.
"ink'cld& u.ep-e-
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere
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