HomeMy WebLinkAbout20171827.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes. 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 COZ17-0001
APPLICANT SANDRA LOEFFLER. C/O JO TEMMER
PLANNER DIANA AUNGST
REQUEST CHANGE OF ZONE FROM THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION PART E2SW4 SECTION 29, T6N, R65W OF THE 6,'" P M WELD COUNTY,
COLORADO
LOCATION NORTH OF AND ADJACENT TO O STREET AND APPROXIMATELY 850 FEET
EAST OF HWY 85
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 22-2-120.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 house on the site was constructed in 1904 and the site is served by North Weld County Water
District and individual on -site wastewater treatment systems for sewer (OVVTS)
Section 22-2-12. C. - R. Goal 3. states, "Consider the compatibility with surrounding land uses, natural
site features, nearby municipalities' comprehensive plans and general residential growth trends when
evaluating new residential development proposals."
The site is a 1.55 acre lot which has been historically used as agricultural/residential. The area was
rezoned to either commercial or industrial in the early 1960s although this lot has not developed as
commercial yet. Zoning this lot to agricultural will allow the applicant to reside on the land with
agricultural uses as requested.
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 uses proposed are residential and agricultural These uses are not compatible with the
surrounding land uses however the site has been residential/agricultural since 1904 (over 110 years).
Per the application materials the applicant has friendly relations with Valley Sprinkler to the west and
Extraction oil and gas to the east. This is an example of agricultural uses and commercial/industrial
uses within close proximity of one another able to mitigate any concerns and work well together The
Department of Planning Services has not received any comments from the surrounding property
owners
C. 23-2-30.A.2. - 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 parcel
will be served by North Weld County Water District provides water and individual septic systems
provide sewage disposal for each home
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 COZ17-0001
SANDRA LOEFFLER. O/O JO TEMMER
PAGE 2
The applicant has received approval of AP17-00200 for an access permit. County Road 64 (O Street)
is maintained by Weld County. The referral comments from the Weld County Public Works
Department dated April 4, 2017 did not indicate any concerns with the adequacy of O Street.
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
or in a Special Flood Hazard Area.
2) Section 23-2-30.A.5 b — The site is an existing 1.55 acre property_ The size of the property and
existing structures on the site do not make it practical for commercial mining.
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 The West Greeley Soil Conservancy District referral agency comments
dated April 10. 2017 indicated no concerns The residence on the site was constructed in 1904
and the site has historically been used for agricultural/ residential purposes
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 C-3 (Business Commercial) Zone District to the A (Agricultural) Zone District is
conditional upon the following:
1. Prior to recording the plat
A. The applicant shall submit and receive approval of a Zoning Permit for the home business on the site.
(Department of Planning Services)
B. 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)
C. The plat shall be amended to delineate the following:
1 All pages of the plat shall be labeled COZ17-0001 (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 shah be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
4 County Road 64 is a paved road and is designated on the Weld County Road Classification
Plan as an arterial road which requires 140 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)
5 Show and label the approved access(es) (AP17-00200), and the appropriate turning radii on the
site plan. (Department of Public Works)
6 Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder. if
applicable. (Department of Public Works)
RESOLUTION COZ17-0001
SANDRA LOEFFLER, O/O JO TEMMER
PAGE 3
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for A (Agricultural) uses and shall comply with the A (Agricultural) Zone
District requirements as set forth in Article III Division 5 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. The Board of County Commissioners approved the waiver of the minimum lot size in the A
(Agricultural) Zone District as specified in Section 23-5-50.A.1 of the Weld County Code on June 28,
2017. (Department of Planning Services)
E. The existing structure built in 1904 is considered to be a nonconforming structure as it does not meet
the required setback from O Street_ Case NCU17-0008 has been established for this structure. The
structure is required to maintain compliance with Chapter 23, Article VII of the Weld County Code_
(Department of Planning Services)
The existing structure built -1910 (Hobby House/Workshop) is considered to be a nonconforming
structure as it does not meet the required setback from O Street. Case NCU17-0009 has been
established for this structure_ The structure is required to maintain compliance with Chapter 23. Article
VII of the Weld County Code (Department of Planning Services)
G. The property owner shall control noxious weeds on the site. (Department of Public Works)
H. 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)
There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
The historical flow patterns and runoff amounts will be maintained on the site (Department of
Planning Services -Engineer)
K. Water service may be obtained from North Weld County Water District. (Department of Public Health
and Environment)
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 COZ17-0001
SANDRA LOEFFLER, 0/O JO TEMMER
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.
RESOLUTION COZ17-0001
SANDRA LOEFFLER. C/O JO TEMMER
PAGE 5
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. 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
RESOLUTION COZ17-0001
SANDRA LOEFFLER. O/O JO TEMMER
PAGE 6
Motion seconded by Gene Sti11e
VOTE
For Passage
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage
Absent
Bruce Johnson
Cherilyn Barringer
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 June 6. 2017
Dated the 6'" of June, 2017
-6\46611..d taattauirt.
Kristine Ranslem
Secretary
?C, Menu-kes
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. June 6, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley. Colorado. This meeting was called to order by Chair.
Bruce Sparrow. at 1230 pm
Roll Call
Present Bruce Sparrow, Gene Stifle, Jordan Jemiola, Joyce Smock. Michael Wailes, Terry Cross. Tom
Cope
Absent Bruce Johnson, Cherilyn Barringer
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services: Hayley
Balzano. Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell,
Department of Health, Evan Pinkham, Public Works. Bob Choate. County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the May 16, 2017 Weld County Planning Commission minutes, Moved by Terry Cross,
Seconded by Gene Stifle Motion passed unanimously
CASE NUMBER
APPLICANT.
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
COZ17-0001
SANDRA LOEFFLER. C/O JO TEMMER
DIANA AUNGST
CHANGE OF ZONE FROM THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
PART E2SW4 SECTION 29. T6N, R65W OF THE 6TH P.M. WELD COUNTY,
COLORADO
NORTH OF AND ADJACENT TO O STREET AND APPROXIMATELY 850 FEET
EAST OF HWY 85.
Diana Aungst, Planning Services, presented Case COZ17-0001, 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
Commissioner Wailes said that the agricultural zone seems too intense for this area He asked if there is
no Use by Special Review that allows for a residence or keeping of livestock. Ms. Aungst said that the
Weld County Code only allows a caretaker's residence which would go through the Site Plan Review
process. She added that livestock is not allowed in a Commercial Zone District.
Commissioner Wales asked when it was changed to C-3 from Agriculture. Ms. Aungst believed it was
done around 1961_ She added that when it was rezoned it was assumed that this entire area would develop
because of the location of the two heavily traveled roads However. this particular house has been occupied
as a dwelling and the barn has housed animals
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements
Jo Temmer, 621 0 Street, stated that this house was originally constructed in 1904. The barn was built in
1880, however, in November it caught fire and they lost all their animals. She asked that they be allowed
to stay
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 Conditions of Approval and Plat Notes and if
they are in agreement with those The applicant replied that they are in agreement.
EXHIBIT
1
f 3
GZ2t't- cool
Commissioner Cope said that ideally it should be zoned commercial but historically it has been a residential
place with agriculture uses and believes it should remain that way. He added that unfortunately in the future
if someone wants to have a commercial business they will need to go through a Change of Zone process.
Motion: Forward Case COZ17-0001 to the Board of County Commissioners along with the Conditions of
Approval and Plat Notes with the Planning Commission's recommendation of approval. Moved by Michael
Wailes. Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7)
Yes: Bruce Sparrow, Gene Stille_ Jordan Jemiola. Joyce Smock, Michael Wailes. Terry Cross, Tom Cope
Meeting adjourned at 7.55 pm
Respectfully submitted,
Kristine Ranslem
Secretary
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