HomeMy WebLinkAbout20180965.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ18-0001
UNION FARMS DEVELOPMENT, LLC
ANGELA SNYDER
CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
PART W2NW4 SECTION 29, T3N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO HWY 66, APPROXIMATELY 700 FT EAST OF
C R 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 22-2-20.42. — 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 creative way to preserve agricultural
land and open space.
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 Department of Planning Services sent out eighteen (18) notices to surrounding property owners
and has received one favorable comment from a surrounding property owner about this Change of
Zone request.
Adjacent properties to the west, south, and east are all zoned A (Agricultural). These properties
include a residential subdivision, agricultural and rural residential land uses. Property to the north has
been annexed into the Town of Mead and is currently being used as agricultural land.
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.
Water service is provided to the site through Longs Peak Water District. The On -site Water Treatment
System is not permitted however a statement of existing was completed in 2016 (SE -1600001) which
indicated the system was not failing at that time.
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.
Access to the property is from Colorado Highway 66, Colorado Department of Transportation Access
Permit No. 417166, dated December 29, 2017.
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
Geological Hazard Area or a Special Flood Hazard Area.
RESOLUTION COZ18-0001
UNION FARMS DEVELOPMENT, LLC
PAGE 2
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. Also, the Geology Report submitted with the application
materials states that no economically recoverable gravel resources were identified on the site.
3) Section 23-2-30.A.5.c. - The use on the subject property will not change with the approval of this
Change of Zone. One or two new residential homes are being proposed at this time.
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 Zone District to A Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The Change of Zone plat delineate the following:
1. All pages of the plat shall be labeled COZ18-0001. (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. Show the approved Colorado Department of Transportation (CDOT) access point(s) 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:
A. The Change of Zone allows for A (Agricultural) uses which shall comply with the A (Agricultural) Zone
District requirements as set forth in Article III Division 1 of the Weld County Code. (Department of
Planning Services)
B. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
C. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
D. 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)
E. 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)
F. The property owner shall control noxious weeds on the site. (Department of Public Works)
G. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
H. Water service may be obtained Longs Peak Water District. (Department of Public Health and
Environment)
RESOLUTION COZ18-0001
UNION FARMS DEVELOPMENT, LLC
PAGE 3
I. 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)
J. 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)
K. 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.
L. 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
RESOLUTION COZ18-0001
UNION FARMS DEVELOPMENT, LLC
PAGE 4
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.
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. 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 COZ18-0001
UNION FARMS DEVELOPMENT, LLC
PAGE 5
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 March 20, 2018.
Dated the 20th of March, 2018
4.5\-161:W'&14LO- ru
Kristine Ranslem
Secretary
inin-LLA-tes
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 20, 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: Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Department of Planning
Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Public
Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: COZ18-0001
APPLICANT: UNION FARMS DEVELOPMENT, LLC
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: PART W2NW4 SECTION 29, T3N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO HWY 66, APPROXIMATELY 700 FT EAST OF
CR 3.
Angela Snyder, Planning Services, presented Case COZ18-0001, 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 access to the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Andrew Batson, 12656 Waterside Lane, Longmont, Colorado, stated that they wish to change the zoning
back to Agricultural. He thanked Staff for their help in this process.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Monica Baldwin, 13738 CR 3, Longmont, Colorado, stated that she appreciates the Planning Commission's
consideration in this request.
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 COZ18-0001 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Tom Cope, 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 2:02 pm.
Respectfully submitted,
shvbant.
Kristine Ranslem
Secretary
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