HomeMy WebLinkAbout20161075.tiff RESOLUTION
RE : GRANT CHANGE OF ZONE, COZ15-0004, FROM THE PUD ( PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT TO A (AGRICULTURAL) ZONE DISTRICT -
RONALD AND LEE BIRGENHEIER
WHEREAS , the Board of County Commissioners of Weld County . Colorado . pursuant to
Colorado statute and the Weld County Home Rule Charter. is vested with the authority of
administering the affairs of Weld County, Colorado . and
WHEREAS, a public hearing was held on the 24th day of February. 2016 , at 10 : 00 a. m . .
in the Chambers of the Board for the purpose of hearing the application of Ronald and Lee
Birgenheier, 9100 CR 59 . Sterling , CO 80751 , requesting a Change of Zone from the PUD
( Planned Unit Development) Zone District to the A (Agricultural) Zone District for a parcel of land
located on the following described real estate. to-wit:
Being part of the NW1 /4 and part of the NE1 /4 of
Section 10. Township 7 North , Range 67 West of the
6th P . M . , Weld County. Colorado
WHEREAS, the Board deemed it necessary to continue the matter to March 30 . 2016, at
the hour of 10 : 00 a . m . , to allow the applicant to present to Planning Commission which was
rescheduled due to inclement weather, and
WHEREAS , on March 30 . 2016, the applicant was present. and
WHEREAS , Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone , and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and . having been fully informed , finds that this request shall be approved
for the following reasons:
1 . The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2 . The request is in conformance with Section 23-2-40 . B of the Weld County Code
as follows :
A . Section 23-2-40. B . 1 - That the proposal is consistent with Chapter 22 of
the Weld County.
1 ) Section 22-2-20.A. 1 (A. Policy 1 . 1 ) states: "Establish and maintain
an agricultural land use designation to promote the County's
agricultural industry and sustain viable agricultural opportunities for
the future. " The site is an existing undeveloped parcel that is
surrounded by agricultural uses (cropland) and rural residential lots .
B . Section 23-2-40. B . 2 - The uses which would be allowed on the subject
property by granting the Change of Zone will be compatible with the
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CHANGE OF ZONE (COZ15-0004) — RONALD AND LEE BIRGENHEIER
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surrounding land uses. The existing parcel is an undeveloped property
located in an agricultural area .
C . Section 23-2-40. B. 3 - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. At the time the site is developed . the applicant will apply for a Well
Permit and Septic Permit.
D. Section 23-2-40 . B .4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The site accesses onto a local County road (CR 84) . An
Access Permit will be required at the time the parcel is developed .
E Section 23-2-40. B . 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 23-2-40. B . 5. a - The site is not located within a Geological
Hazard Area , Airport Overlay District or floodplain .
2) Section 23-2-40. B. 5 . b . — The proposed Change of Zone will not
prohibit future extraction of mineral resources (sand and gravel , oil
and gas . . . ) .
3) Section 23-2-40 . B . 5 . c. — Per the West Greeley Soil Conservation
District, a small portion of the site adjacent to the ditch has severe
limitations for construction and a portion of the property has severe
limitations for septic/absorption fields in the northeast portion of the
site . The majority of the site has slight soil conditions that do not
need to be addressed at the time of the Change of Zone. A soils
report or open hole inspection report will be required at time of
building permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County . Colorado, that the application of Ronald and Lee Birgenheier. for a Change of Zone from
the PUD ( Planned Unit Development) Zone District to the A (Agricultural) Zone District on the
above referenced parcel of land be, and hereby is, granted subject to the following conditions :
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 .
B . The plat shall be amended to delineate the following :
1 ) All pages of the plat shall be labeled COZ15-0004.
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2) The plat shall adhere to Section 23-2-50. C and D . of the Weld
County Code .
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) CR 84 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate the
existing right-of-way. All setbacks shall be measured from the edge
of right-of-way . This road is maintained by Weld County.
5) Show and label all easements with the recorded document
reception number and date .
C . The following notes shall be delineated on the Change of Zone plat:
1 ) The Change of Zone allows for A (Agricultural) uses which shall
comply with the A (Agricultural) Zone District requirements as set
forth in Chapter 23 , Article III , Division 1 , of the Weld County Code.
2) Water service may be obtained from an individual well .
3) 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 March 30, 2016.
4) The parcel is currently not served by a municipal sanitary sewer
system . Sewage disposal may be of 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 .
5) Language for the preservation and/or protection of the absorption
field shall be placed on the plat. The note shall state : 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 .
6) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
7) Any future structures or uses on the site must obtain the appropriate
zoning and building permits .
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8) New buildings 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 , and 2014 National
Electrical Code .
9) Building Permits issued on the proposed lot will be required to
adhere to the fee structure of the Weld County Road Impact Fee
Program and the County Facility Fee and Drainage Impact Fee
Program .
10) The historical flow patterns and run-off amounts will be maintained
on the site.
11 ) The applicant/landowner shall be responsible for controlling the
noxious weeds . pursuant to Chapter 15 , Articles I and II , of the Weld
County Code .
12) 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) The Weld County Right to Farm Statement, as it appears in Section
22-2-20. J . 2 of the Weld County Code . shall be placed on the map
and recognized at all times .
2 . Upon completion of Condition of Approval #1 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 the Department of Planning Services . 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
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County Commissioners Resolution . The applicant shall be responsible for paying
the recording fee.
3. 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) .
4 . In accordance with Weld County Code Ordinance #2012-3 . approved
April 30 . 2012 . should the plat not be recorded within the required one hundred
twenty ( 120) days from the date of the Board of County Commissioners Resolution ,
a $50. 00 recording continuance charge shall added for each additional three (3)
month period .
5 . Prior to Construction :
A. The approved access and tracking control shall be constructed prior to
on-site construction .
B . If more than one ( 1 ) acre is to be disturbed . a Weld County Grading Permit
will be required .
The above and foregoing Resolution was, on motion duly made and seconded . adopted by
the following vote on the 30th day of March . A. D . , 2016.
BOARD OF COUNTY COMMISSIONERS
,/ WELD COUNTY. COLORADO
ATTEST: ����=�Un J . ..k" -fa iAr Rucijl-a
Mike Freeman, Chair
Weld County Cler /to the Board
` Sean P. Conway. Pro-Tem
BY
De uty Clerk to the Board I � J . 1L XCUSED
� . lie A. Cozad
APP ' . ED AS< RM : t 1161s '. �. CUSED
1 %�•►�'� ' : rbara Kirkmeyer
o y Attorney 4\114bt fAt-ev•—•(--
4. 4
V/A01/ /
- Steve Moreno
Date of signature : P
2016- 1075
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