HomeMy WebLinkAbout20182229.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ18-0002
BRADY RENTALS, LLC
DIANA AUNGST
CHANGE OF ZONE FROM THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT TO THE R-1 (LOW -DENSITY RESIDENTIAL).
LOT 1 OF RESUBDIVISION RES18-0001 BEING PART OF SE4SW4 SECTION 9,
T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO E 18TH STREET AND WEST OF AND
ADJACENT TO BALSAM AVENUE.
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.A. - R. Goal 1. states, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to serve the residential development or district."
The site is a 0.41 -acre lot with one single-family dwelling unit. The house was constructed in
1900. The site is served by City of Greeley water and sewer.
Section 22-2-12. C. - R. Goal 3. states, "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 site is a 0.41 -acre lot with one single-family dwelling unit. The land was zoned C-3
(Business Commercial) with Case #Z-306 in 1979. This re -zoning (COZ18-0002) will place
the single-family dwelling unit on residentially zoned land rather than commercially zoned
land. This Change of Zone is compatible with the surrounding land as there is residential
zoned land to the east and west of the site and commercial and industrial zoned land to the
north and the east of the site.
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.
The uses proposed are residential. This use is compatible with the surrounding land uses.
C. 23-2-30.A.2. - That adequate water and sewer service can be made available to the site to serve
the uses permitted within the proposed zone district.
The site is served by City of Greeley water and sewer.
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 referral comments from the Weld County Public Works Department dated April 25, 2018, did
not indicate any concerns with the adequacy of Balsam Avenue or E. 18'h Street.
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 COZ18-0002
BRADY RENTALS, LLC
PAGE 2
1) Section 23-2-30.A.5.a. - The proposed Change of Zone is located within the Airport
Overlay District but riot in Special Flood Hazard Area or a Geological Hazard Area.
2) Section 23-2-30.A.5.b. - The site is a 0.41 -acre property. No mineral resource analysis
was conducted and there does not appear to be any economically recoverable resources
on the subject property.
3) Section 23-2-30.A.5.c. - The use on the subject property will be residential.
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 PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone
District is conditional upon the following:
1. Prior to recording the plat:
A. 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)
B. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as
stated in the referral response dated April 16, 2018. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall record RES18-0001. (Department of Planning Services)
D. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ18-0002. (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. Balsam Avenue is a paved 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. This road is maintained by Weld County. (Department of Public
Works)
5. Show and label the approved access point(s) and the usage type. (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)
2. The following notes shall be delineated on the Change of Zone plat:
RESOLUTION COZ18-0002
BRADY RENTALS, LLC
PAGE 3
A. The Change of Zone allows for R-1 (Low Density Residential) uses and shall comply with the R-1
(Low Density Residential) Zone District requirements as set forth in Chapter 23 Article III of the
Weld County Code. (Department of Planning Services)
B. The property owner 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. This site is located in the A -P Airport Overlay District. (Department of Planning Services)
E. The property owner shall control noxious weeds on the site. (Department of Public Works)
F. 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)
G. 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)
H. 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)
I. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
J. Water and Sanitary sewer service may be obtained from the City of Greeley. (Department of
Public Health and Environment)
K. 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)
L. Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently, the following have been adopted by Weld County: 2012
International Codes, 2006 International Energy Code, 2006 International Fuel Gas Code, 2012
International Plumbing Code, and 2014 National Electrical Code. 2003 ANSI 117.1 Accessibility
code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
M 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.
N. 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)
RESOLUTION COZ18-0002
BRADY RENTALS, LLC
PAGE 4
O. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but riot 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.
P. 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 COZ18-0002
BRADY RENTALS, LLC
PAGE 5
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)
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. 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).
5. 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 Sparrow.
VOTE:
For Passage
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Against Passage Absent
Bruce Johnson
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.
RESOLUTION COZ18-0002
BRADY RENTALS, LLC
PAGE 6
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 July 3, 2018.
Dated the 3rd of July, 2018
Kristine Ranslem
Secretary
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•
•
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 3, 2018
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,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross, Tom Cope.
Absent: Bruce Johnson.
Also Present: Diana Aungst and Angela Snyder, Department of Planning Services; Lauren Light and Ben
Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ18-0002
BRADY RENTALS, LLC
DIANA AUNGST
CHANGE OF ZONE FROM THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT TO THE R-1 (LOW -DENSITY RESIDENTIAL).
LOT 1 OF RESUBDIVISION RES18-0001 BEING PART OF SE4SW4 SECTION
9, TSN, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO E 18TH STREET AND WEST OF AND
ADJACENT TO BALSAM AVENUE.
Diana Aungst, Planning Services, presented Case COZ18-0002, 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.
Evan Pinkham, Public Works, reported on the existing traffic and the access to the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Steve Gorham, 937 A Street, Greeley, Colorado, said that this property is currently zoned commercial and
he is proposing to carve off a little piece and zone it residential as there is an existing residence. He added
that the remaining property would stay commercial.
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 COZ18-0002 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 Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
Meeting adjourned at 2:44 pm.
Respectfully submitted,
45\1:4616W Alaudn,
Kristine Ranslem
Secretary
1
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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