HomeMy WebLinkAbout20182984.tiff EXHIBIT
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BEFORE THE WELD COUfVTY, COLORADO , PLANNING COMMISSIO �
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, 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 : COZ18-0003
APPLICANT: DEAN & VALERIE BONDESON
PLANNER : DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE E
(ESTATE) ZONE DISTRICT.
LEGAL DESCRIPTION : LOT 6 BLOCK 3 OLINGER SUBDIVISION GARDEN TRACT ( 1ST FILING) ; PART
W2NW4 SECTION 18 , T3N , R66W OF THE 6TH P . M . , WELD COUNTY,
COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 34 AND EAST OF AND ADJACENTTO CR 25 .
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 Code .
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 adjacent to the Town of Platteville' s corporate limits and will be served by Central Weld
County Water District and individual on -site wastewater treatment systems for sewer ( OWTS ) .
Section 22-2- 12. C. - R. Goal3. states , " Considerthe compatibilitywith surrounding land uses, natural
site features , nearby municipalities' comprehensive plans and general residential growth trends when
evaluating new residentiai development proposals . "
The site is about ten ( 10) acres in size and will become two lots ( �4 acres and �6 acres) if the re-
subdivision is approved . The original subdivision , platted in 1925 , shows 27 lots about eight (8) - ten
( 10 ) acres each . The existing conditions show that eight (8) of the original lots are still part of
unincorporated Weld County and seven (7) are still as originally p�atted . The other remaining lots are
either replatted and/or are annexed into the Town of Platteville . The proposed rezoning and is
compatible with the existing conditions .
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 uses proposed are residential and these uses are compatible with the surrounding land uses .
The Department of Planning Services has not received any comments from the surrounding property
owners or the Town of Platteville about this Change of Zone request.
C . Section 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 the
existing residence is served by Central Weld County Water District (tap 198) and an unpermitted
OWTS . A letter from the District dated February 6 , 2018 was included with the resubdivision
application . The applicants did apply for a Statement of Existing , Tier 1 (SE- 1800015) which indicated
the OWTS is not failing .
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 .
RESOLUTION COZ18-0003
DEAN & VALERIE BONDESON
PAGE 2
The referral comments from the Weld County Public Works Department dated June 15, 2018, did not
indicate any concerns with the adequacy of CR 34 or CR 25.
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 the Airport Overlay
District or the Special Flood Hazard Area or a Geological Hazard Area.
2) Section 23-2-30.A.5.b. — The site is a 10 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 A (Agricultural) Zone District to the E (Estate) 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 record RES18-0002. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ18-0003. (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. County Road 25 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. Pursuant to
the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. This road is maintained by Weld
County. (Department of Public Works)
5. County Road 34 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. Pursuant to
the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. This road is maintained by Weld
County. (Department of Public Works)
RESOLUTION COZ18-0003
DEAN & VALERIE BONDESON
PAGE 3
6. Show and label the preliminarily approved access point(s) and the usage types. (Department of
Public Works)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for E (Estate) uses and shall comply with the E (Estate) Zone District
requirements as set forth in Article III Division 5 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. The property owner shall control noxious weeds on the site. (Department of Public Works)
E. 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)
F. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this
plat, including owners of future bts 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)
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. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plat. (Department of Public
Works)
I. 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)
J. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
K. Water service may be obtained from Central Weld County Water District. (Department of Public
Health and Environment)
L. 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)
M. 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)
N. 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)
RESOLUTION COZ18-0003
DEAN & VALERIE BONDESON
PAGE 4
O . 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 )
P . 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 .
Q . 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 )
R . 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 .
S . 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.
RESOLUTION COZ18-0003
DEAN & VALERIE BONDESON
PAGE 5
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) 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 Elijah Hatch.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Richard Beck
Elijah Hatch
Against Passage Absent
Gene Stille
Lonnie Ford
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 COZ18-0003
DEAN & VALERIE BONDESON
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 September 18, 2018.
Dated the 18th of
September 2018
1166nt� -e "" U d P,lrt,
Kristine Ranslem
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING �
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Tuesday, September 18 , 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,
Michael Wailes , at 12 : 30 pm .
RoYI Call .
Present: Bruce Johnson , Bruce Sparrow, Elijah Hatch , Michael Wailes , Richard Beck , Tom Cope .
Absent: Gene Stille and Lonnie Ford .
Also Present: Kim Ogle , Chris Gathman , Diana Aungst, Department of Planning Services ; Lauren Light
and Ben Frissell , Department of Health ; Evan Pinkham , Public Works ; Frank Haug , County Attorney , and
Kris Ranslem , Secretary .
CASE NUMBER: COZ18-0003
APPLICANT: DEAN & VALERIE BONDESON
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
E ( ESTATE) ZONE DISTRICT.
LEGAL DESCRIPTION : LOT 6 BLOCK 3 OLINGER SUBDIVISION GARDEN TRACT ( 1 ST FILING) ; PART
W2NW4 SECTION 18, T3N , R66W OF THE 6TH P . M . , WELD COUNTY,
COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 34 AND EAST OF AND ADJACENT TO CR
25.
Diana Aungst , Planning Services , presented Case COZ18-0003 , 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 classification of the roadways .
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements .
Dean Bondeson , 15930 CR 25 , Platteville , Colorado , stated that he purchased 10 acres last year and he
added that they are looking to divide the property to build a home and sell the second parcel .
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 COZ18-0003 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 Bruce Sparrow, stating that he agreed with Staff's findings , Seconded by Elijah Hatch .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 6) .
Yes : Bruce Johnson , Bruce Sparrow, Elijah Hatch , Michael Wailes , Richard Beck , Tom Cope .
Meeting adjourned at 3 : 41 pm .
Respectfully submitted ,
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Kristine Ranslem
Secretary
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