HomeMy WebLinkAbout20180870.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
9
eoz1?-000-1
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
COZ17-0007
JAMES & JUDY DOCHEFF
MICHAEL HALL
CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
LOT B REC EXEMPT RE -3841. BEING PART OF THE SW4 SECTION 30. T3N,
R68W OF THE 6TH P M WELD COUNTY COLORADO.
EAST OF AND ADJACENT TO CR 1, NORTH OF AND ADJACENT TO CR 28
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.H. — A.Goal 8. States: -Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development ..
Although no development is proposed at this time, the property has adequate services and facilities
and is located within the Firestone, Longmont and Mead IGAs The municipal boundary of the City of
Longmont borders the property on the east Boulder County borders the property on the west at
County Road 1. The property is located in the Mountain View Fire Rescue District and St. Vrain Valley
School District.
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 Department of Planning Services has not received any comments from the surrounding property
owners about this Change of Zone request One surrounding property owner mail notice was
undeliverable.
If the property is rezoned. the activities which are permitted in the Agricultural zone appear to be
compatible with surrounding land uses. This area of the County has a mix of R-1 and Agricultural
zoning: however, the proposed Change of Zone would allow the subject property to have consistent
zoning with the adjacent unincorporated lots which are all zoned Agricultural.
C 23-2-30.A.3. — That adequate water and sewer service can be made available to the site to serve the
uses permitted within the proposed zone district
According to the referral comments from the Department of Public Health and Environment. and the
application materials. the lot can be served by the Longs Peak Water District and may obtain a septic
permit for sewage disposal.
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 subject property has County Road 28 on the south and County Road 1 on the west. A portion of
County Road 28 is located in unincorporated Weld County There is one agricultural access point on
County Road 28 in this portion of the road A Weld County access permit will be applied for prior to
any construction on the site. There is one agricultural access point on County Road 28 on the
Longmont portion of County Road 28. There are no accesses off of County Road 1.
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RESOLUTION COZ17-0007
JAMES & JUDY DOCHEFF
PAGE 2
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.
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. No new structures are being proposed at this time. The Longmont Conservation
District provided information regarding the soils on the site
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 R-1 (Low -Density Residential) Zone District to the A (Agricultural) Zone District
is conditional upon the following
1. The Change of Zone plat shall delineate the following.
A. All pages of the plat shall be labeled COZ17-0007. (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. Show and label the approved access locations (Department of Public Works)
D. County Road 28 is a gravel road and is designated on the Weld County Functional Classification Map
as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the future and existing right-of-way All setbacks shall be measured from the edge of
future right-of-way. This road is maintained by Weld County. (Department of Public Works)
E. County Road 1 is a paved road and is designated on the Weld County Functional Classification Map
as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of
future right-of-way. This road is maintained by Weld County (Department of Public Works)
All recorded easements and rights -of -way shall be delineated on the plat by book and page number or
reception number_
2. The following notes shall be delineated on the Change of Zone plat
1) The Change of Zone allows for R-1 (Low -Density Residential) Zone District to the A (Agricultural)
Zone District requirements as set forth in Article III Division 2 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) The property owner shall control noxious weeds on the site. (Department of Public Works)
5) The 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)
RESOLUTION COZ17-0007
JAMES & JUDY DOCHEFF
PAGE 3
6) 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)
7) The historical flow patterns and runoff amounts will be maintained on the site (Department of
Planning - Engineer)
8) Water service shall be obtained from Longs Peak Water District. (Department of Public Health and
Environment)
9) This parcel 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 Public Health and
Environment)
10) 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)
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
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) WELD COUNTY'S RIGHT TO FARM_ 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.
RESOLUTION COZ17-0007
JAMES & JUDY DOCHEFF
PAGE 4
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
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. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C and D. of the Weld
County Code_ The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to
the 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 County Clerk and Recorder by the Department of Planning Services. 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 format is a projected ESRI shapefile ( shp, .shx..dbf..prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984. NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet).... etc.).
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
RESOLUTION COZ17-0007
JAMES & JUDY DOCHEFF
PAGE 5
Motion seconded by Gene Stille
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.
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 20'h of March, 2018
1944,1a%.ni
Kristine Ranslem
Secretary
3/-20Aa.oi g
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.
Presents 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 COZ17-0007
APPLICANT JAMES & JUDY DOCHEFF
PLANNER MICHAEL HALL
REQUEST CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE -3841. BEING PART OF THE SW4 SECTION 30. T3N
R68W OF THE 6TH P M WELD COUNTY, COLORADO
LOCATION EAST OF AND ADJACENT TO CR 1 NORTH OF AND ADJACENT TO CR 28.
Michael Hall, Planning Services. presented Case COZ17-0007, 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.
Kelly Bruxvoort, AGPROfessionals, 3050 67' Avenue. Greeley, Colorado stated that the applicants are
requesting a Change of Zone from R-1 (Low -Density) Residential Zone District to the Agricultural Zone
District. in conjunction with an Amended Recoded Exemption. The applicants also own Lot A RE -3841 and
the Recorded Exemption proposes to increase Lot A RE -3841 by expanding into Lot B RE -3841. Lot A
RE -3841 was changed from the R-1 Zone District to the Agricultural Zone District previously: therefore, the
applicants are requesting to change the zoning of Lot B to prevent split zoning on Lot A.
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 COZ17-0007 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval. Moved by Jordan Jemiola.
Seconded by Gene Stifle.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8)
Yes: Bruce Sparrow, Gene Stifle. Jordan Jemiola. Lonnie Ford, Michael Wailes. Richard Beck, Terry Cross,
Tom Cope.
1
Meeting adjourned at 2:02 pm.
Respectfully submitted,
Y'
Kristine Ranslem
Secretary
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