HomeMy WebLinkAbout20180966.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: A. Snyder Hearing Date: March 20, 2018
Case Number: COZ18-0001
Applicant: Union Farms Development, LLC c/a Andrew Batson
Site Address: 1132 Highway 66, Longmont, CO 80504
Request: Change of Zone from the PUD (Planned Unit Development) Zone District to the
A (Agricultural) Zone District
Legal Being part of W2NW4 of Section 29, T3N, R68W of the 6th P.M., Weld County,
Description: CO
Location: South of and adjacent to State Highway 66 and approximately 700 feet east of
CR 3
Acres: +/- 19 acres Parcel #. 1207-29-0-00-031
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Weld County Department of Public Health and Environment, referral dated February 2, 2018
> Weld County Department of Public Works, referral dated February 6, 2018
Without Comment:
V V V V V V V V V
City of Longmont, referral dated January 9, 2018
Longs Peak Water District, referral dated January 9, 2018
Saint Vrain Sanitation District, referral dated January 11, 2018
School District RE -1J, referral dated January 10, 2018
State of Colorado, Division of Water Resources, referral dated January 16, 2018
Town of Mead, referral dated January 22, 2018
Town of Firestone, referral dated January 9, 2018
Weld County Sheriff's Office, referral dated January 19, 2018
Weld County Zoning Compliance, referral dated January 9, 2018
The Department of Planning Services' staff has not received responses from:
V V V V V V
Boulder County
Longmont Conservancy District
Mountain View Fire Protection District
Starbart Ditch
State of Colorado, Department of Transportation
State of Colorado, Division of Wildlife
COZ18-0001
Page 1 of 6
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Planner: A. Snyder Hearing Date: March 20, 2018
Case Number: COZ18-0001
Applicant: Union Farms Development, LLC c/o Andrew Batson
Site Address: 1132 Highway 66, Longmont, CO 80504
Request: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District
Legal Being part of W2NW4 of Section 29, T3N, R68W of the 6th P.M., Weld County,
Description: CO
Location: South of and adjacent to State Highway 66 and approximately 700 feet east of
Acres:
Case Summary:
CR 3
+/- 19 acres Parcel #. 1207-29-0-00-031
The applicant is requesting to rezone the property from PUD (Planned Unit Development) to A
(Agricultural). The change of zone is the result of surrounding property owner objection to
PUDZ17-0004, which was approved with conditions by the Board of County Commissioners on
September 9, 2017 in preparation for a new residential subdivision. During the hearing, the Board
encouraged the property owners to discuss their concerns. The plat for PUDZ17-0004 was never
recorded.
As a result of these discussions, the objecting surrounding property owners, the Baldwin Family
Living Revocable Trust, William and Monica Baldwin, Trustees, proposed a settlement to prevent
the residential subdivision. First, the property owners propose to reverse PUDZ17-0004 via
COZ18-0001, returning the property to the A (Agricultural) Zone District. The Baldwins will then
purchase 8 acres of the subject property by means of a subdivision exemption for boundary line
adjustment, SUBX18-0005. Union Farms will then split the remaining 11 acres by means of a
two -lot recorded exemption.
Section 24-8-20.C.4. states "A parcel created prior to the initiation of subdivision regulations is
eligible for a two -lot recorded exemption." As the parcel was created prior to subdivision
regulations, recorded September 26 1968, Reception No. 1521572, it is eligible for a one-time
split through the recorded exemption process, provided it is no longer located in a PUD zone
district. Approval of this change of zone request will allow the recorded exemption, RECX18-0015
to proceed thereby satisfying the neighbors and resulting in a financially viable transaction for the
property owner.
The property is served by a Longs Peak Water District tap, account number 00170003. There is a
septic system (SE -1600001) on the property. There is one home and three outbuildings onsite.
COZ18-0001
Page 2 of 6
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.
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.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 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.
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.
COZ18-0001
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 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)
3. 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)
COZ18-0001
Page 4 of 6
I. The parcel is currently riot 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.
COZ18-0001
Page 5 of 6
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. 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.
COZ18-0001
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: asnyder@weldgov.com
PHONE: (970) 353-6100, Ext. 3525
FAX: (970) 304-6498
BATSON ANDREW
12656 WATERSIDE LANE
LONGMONT, CO 80504
Subject: COZ18-0001 - Change of Zone from the PUD (Planned Unit Development) Zone District to the
A (Agricultural) Zone District
On parcel(s) of land described as:
PART W2NW4 SECTION 29, T3N, R68W 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 11, 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.orq
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: asnyder@weldgov.com
PHONE: (970) 353-6100, Ext. 3525
FAX: (970) 304-6498
January 09, 2018
BATSON ANDREW
12656 WATERSIDE LANE
LONGMONT, CO 80504
Subject: COZ18-0001 - Change of Zone from the PUD (Planned Unit Development) Zone District to the
A (Agricultural) Zone District
On parcel(s) of land described as:
PART W2NW4 SECTION 29, T3N, R68W 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.
Respectfully,
yf A
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 12/05/2016
Case Number: COZ18-0001
Applicant: Union Farms c/o Jon Benson
Representative: Andrew Batson
Request: Change of Zone from the PUD (Planned Unit Development) Zone District to the A
(Agricultural) Zone District
Legal
Description:
Being part of W2NW4 of Section 29, T3N, R68W of the 6th P.M., Weld County, CO
Location: South of and adjacent to State Highway 66, approximately 700 feet East of CR 3
Size of Parcel: +/- 18 acres
Parcel No.
1207-29-0-00-031
Zoning
Land Use
N
Mead Municipal Zoning
(SFR-4 Residential Single
Family - 4)
N
Agriculture / Cropland
E
A (Agriculture)
E
Residential Subdivision
S
A (Agriculture)
S
Rural Residential
W
A (Agriculture)
W
Rural Residential
COMMENTS:
The site contains a single-family residence and a few outbuildings. The access is off State Highway 66.
.44., .'
L.�i' t. t - r i d•
—
Angola Snyder, Planr er
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