HomeMy WebLinkAbout20172912.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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:
COZ 17-0005
LISA BEILMAN, C/O BOB CHRISTIE
DIANA AUNGST
CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT) ZONE
DISTRICT TO THE (A) AGRICULTURAL ZONE DISTRICT.
LOT B REC EXEMPT RE -3685; PART OF SECTION 5, T7N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 15 AND APPROXIMATELY ONE QUARTER
MILE NORTH OF CR 84.
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 property is currently vacant land and the applicant is proposing to construct one single-family
residence that will be served by North Weld County Water District and individual on -site wastewater
treatment systems for sewer (OWTS).
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 55 -acre lot which has no structures. The land was zone PUD under case PZ-1099 in
2005. The current buyer would like to construct a single-family residence and does not want to
complete the PUD that was started in 2005.
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 compatible with the surrounding
land uses.
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 and an individual septic system will provide
sewage disposal for the 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.
The referral comments from the Weld County Public Works Department dated April 4, 2017 did not
indicate any concerns with the adequacy of County Road 15.
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RESOLUTION COZ17-0005
LISA BEILMAN, C/O BOB CHRISTIE
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
or in a Special Flood Hazard Area.
2) Section 23-2-30.A.5.b. — The site is an existing 55 -acre property. Earth Engineering Company,
Inc., review the site for mineral resource potential and stated in their analysis that there do 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 allow the owner to build a single-
family residence. The Fort Collins Conservancy District referral agency comments dated June
11, 2017 indicated no concerns.
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 (Planned Unit Development) Zone District to the A (Agricultural) 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 plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ17-0005. (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 15 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County. (Department
of Public Works)
5. Show and label the approved access(es) (AP17-00338). (Department of Public Works)
6. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
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 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)
RESOLUTION COZ17-0005
LISA BEILMAN, CIO BOB CHRISTIE
PAGE 3
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 August
30, 2017. (Department of Planning Services)
E. The property owner shall control noxious weeds on the site. (Department of Public Works)
F. 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)
G. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
H. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services -Engineer)
I. Water service may be obtained from North Weld County Water District. (Department of Public Health
and Environment)
J. 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)
K. 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)
L. 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)
M. 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)
N. 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.
O. 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)
RESOLUTION COZ17-0005
LISA BEILMAN, C/O BOB CHRISTIE
PAGE 4
P. 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.
Q. 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.
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.
RESOLUTION COZ17-0005
LISA BEILMAN, CIO BOB CHRISTIE
PAGE 5
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 Cherilyn Barringer.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage Absent
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 August 1, 2017.
Dated the 1St of August, 2017
•64\14611-- 14444.WrL
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 1, 2017
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,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes,
Terry Cross, Tom Cope.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Hayley
Balzano, Department of Planning Services - Engineering Division; Lauren Light, Department of Health;
Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the July 18, 2017 Weld County Planning Commission minutes, Moved by Gene Stille,
Seconded by Michael Wailes. Motion passed unanimously.
Election of Officers. Jordan Jemiola nominated Terry Cross to serve as Chair. Bruce Johnson nominated
Bruce Sparrow to serve as Chair. Nominations were closed and by Vote, Terry Cross will serve as Chair
for 2017-2018 year.
Jordan Jemiola nominated Gene Stille as Vice -Chair. Nominations were closed and motion passed
unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ17-0005
LISA BEILMAN, C/O BOB CHRISTIE
DIANA AUNGST
CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT) ZONE
DISTRICT TO THE (A) AGRICULTURAL ZONE DISTRICT.
LOT B REC EXEMPT RE -3685; PART OF SECTION 5, T7N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 15 AND APPROXIMATELY ONE QUARTER
MILE NORTH OF CR 84.
Diana Aungst, Planning Services, presented Case COZ17-0005, reading the recommendation and
comments into the record. Ms. Aungst noted that she just received a letter from Anadarko Petroleum which
states that although they do not object to this change of zone, they would like to have the opportunity to
discuss a Surface Use Agreement with the applicant. The Department of Planning Services recommends
approval of this application with the attached conditions of approval.
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.
Bob Christie, 141 Mulholland Way, Oakland, Florida, stated that they bought the property six (6) years ago,
with the intent of building a residence. He added that they intend to still farm the land.
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 if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ17-0005 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Bruce Johnson,
Seconded by Cherilyn Barringer.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes,
Terry Cross, Tom Cope.
Meeting adjourned at 1:26 pm.
Respectfully submitted,
,i\lbbnt K,
Kristine Ranslem
Secretary
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