HomeMy WebLinkAbout20180871.tiffLAND USE APPLICATION
SUMMARY SHEET
CHANGE OF ZONE
Planner: Michael Hall Hearing Date: March 20, 2018
Case Number: COZ17-0007
Owners: James C. and Judy J. Docheff
Representative: AGPROfessionals, LLC c/o Kelsey Bruxvoort
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
Legal Lot B of Recorded Exemption RE -3841; being a part of the SW4 of Section 30, T3N,
Description: R68W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 1; north of and adjacent to County Road 28
Acres:
+/- 31.6 acres Parcel #. 1207-30-3-00-098
The criteria for review of this Change of Zone is listed in Section 23-2-30 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Longmont Conservation District, referral dated 12/19/2017
Weld County Department of Public Works, referral dated 12/13/2017
Y Weld County Department of Planning- Engineering, referral date 12/28/2017
Y Weld County Department of Public Health and Environment, referral dated 12/08/2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Longmont, referral dated 11/27/2017
Y Longs Peak Water District, referral dated 11/27/2017
Y Mountain View Fire Rescue, referral dated 11/29/2017
Y Weld County Zoning Compliance, referral dated 11/27/2017
Y St. Vrain Valley School District RE -1J, referral dated 12/06/2017
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Mead
Y Boulder County
Y Town of Firestone
Weld County Department of Building Inspection
COZ17-0007
Page 1 of 6
Planner:
Case Number:
Owners:
Representative:
Request:
Legal
Description:
Location:
Acres:
Case Summary:
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
Michael Hall Hearing Date: March 20, 2018
COZ17-0007
James C. and Judy J. Docheff
AGPROfessionals, LLC c/o Kelsey Bruxvoort
Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
Lot B of Recorded Exemption RE -3841; being a part of the SW4 of Section 30, T3N,
R68W of the 6th P.M., Weld County, CO
East of and adjacent to County Road 1; north of and adjacent to County Road 28
+/- 31.6 acres Parcel #. 1207-30-3-00-098
The applicants are requesting to rezone the property from R-1 (Low -Density Residential) to A (Agricultural). The
change of zone is a condition of approval item # 4.A for pending amended recorded exemption 1AMRECX17-
04-3841 which was approved with conditions on January 12, 2018. Condition of approval item # 4.A states:
"Change of Zone COZ17-0007 shall be approved by Board of County Commissioners Resolution and the
COZ17-0007 plat shall be recorded in conjunction with the 1AMRECX17-04-3841 plat.
The Department of Planning Services and Weld County Attorney's Office deemed that a change of zone was
necessary to approve the pending amended recorded exemption. 1AMRECX17-04-3841 seeks to amend the
boundaries between Lots A and B of RE -3841, recorded 09/01/2004, reception # 3214751. Lot A will be
increased and Lot B will be decreased in size. Lot A is zoned A (Agricultural) and Lot B is zoned R-1 (Low -
Density Residential). Both lots used to be R-1 (per Z-38 in the 1960s); however, change of zone CZ -1146,
recorded 12/7/2008, reception # 3595485, rezoned 25 lots including Lot A of RE -3841 from R-1 to A. Lot B of
RE -3841 did not participate in this rezoning.
Proposed Lot A which is currently zoned Agricultural will increase by expanding into existing Lot B which is
currently R-1. In order to prevent proposed Lot A from having split zoning, the proposed change of zone will
rezone Lot B from R-1 to Agricultural which will allow both proposed lots to be the same zone. Lot A of RE -3841
is not a part of the pending change of zone.
The property is within the Longs Peak Water District boundary and a commitment to serve letter, dated August
25, 2017 was included in the application materials. No improvements currently exist on the property.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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.
COZ17-0007
Page 2 of 6
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 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. No access points are proposed on the Longmont portion
of County Road 28. There are no accesses off of County Road 1.
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.
COZ17-0007
Page 3 of 6
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)
F. 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)
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)
COZ17-0007
Page 4 of 6
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.
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.
COZ17-0007
Page 5 of 6
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.
COZ17-0007
Page 6 of 6
February 21, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mhall@weldgov.com
PHONE: (970) 353-6100, Ext. 3528
FAX: (970) 304-6498
BRUXVOORT KELSEY
3050 67TH AVENUE
GREELEY, CO 80634
Subject: COZ17-0007 - CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
PART SW4 SECTION 30, T3N, R68W LOT B REC EXEMPT RE -3841 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 20, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 4, 2018 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
'
/,
Michael Hall
Planner
November 27, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mhall@weldgov.com
PHONE: (970) 353-6100, Ext. 3528
FAX: (970) 304-6498
BRUXVOORT KELSEY
3050 67TH AVE
GREELEY, CO 80634
Subject: COZ17-0007 - CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
(IN CONJUNCTION WITH 1AMRECX17-04-3841)
On parcel(s) of land described as:
PART SW4 SECTION 30, T3N, R68W LOT B REC EXEMPT RE -3841 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Firestone at Phone Number 303-833-3291
Longmont at Phone Number 303-651-8601
Mead at Phone Number 970-535-4477
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Resp9ptfully,
7-7
f i
Michael Hall
Planner
FIELD CHECK
Inspection Date: 03/06/2018
Case Number: COZ17-0007
Owners: James C. and Judy J. Docheff
Representative: AGPROfessionals, LLC do Kelsey Bruxvoort
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to
the A (Agricultural) Zone District
Legal Lot B of Recorded Exemption RE -3841; being a part of the SW4 of
Description: Section 30, T3N, R68W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 1; north of and adjacent to County
Road 28
Size of Parcel: +/- 31.6 acres
Parcel No. 1207-30-3-00-098
Zoning
Land Use
N
A (Agricultural)
N
Residential / Subdivision
E
City of Longmont
E
Agricultural / Residential
S
A (Agricultural)
S
Agricultural / Residential /
Union Reservoir
W
Boulder County
W
Agricultural / Residential /
Subdivision
COMMENTS:
There are no improvements on site. The lot is actively farmed. There is a sign "Docheff Dairy
and Quality Compost" on the southwest corner of the lot at the intersection of CR 1 and CR 28.
There is a concrete ditch on the lot that parallels CR 1 (west property boundary). There are no
access points off of CR 1. There is one gated agricultural access point off of CR 28. There is a
barbed wire fence on the perimeter of the lot, parallel to the roads. The Union Reservoir can be
seen to the southeast. Boulder County is to the west.
Michael Hall, Planner
3/12/2018
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