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SUMMARY SHEET
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PLANNER: C. Gathman HEARING DATE: February 2, 2016
CASE
NUMBER: COZ15-0004
APPLICANT: Ronald Birgenheier
ADDRESS: 9100 County Road 59, Sterling, CO 80751
REQUEST: Zone from the PUD (Planned Unit Development) Zone District to the (A)
Agricultural Zone District.
LEGAL: Pad NW4 of Section 10 T7N R67W of the 6th PM , Weld County, Colorado
LOCATION : South of and adjacent to County Road 84 and approximately 1 /4 mile east of
County Road 19.
ACRES: +/- 79.81 acres
PARCEL #s: 070510100019 & 070510200021
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 received November 30, 2015
Weld County Department of Planning Services — Engineer, referral received December 8, 2015
Weld RE-4 School District, referral received November 11 , 2015
Colorado Division of Water Resources, referral received November 19, 2015
Without Comment:
Weld County Zoning Compliance, referral received November 10, 2015
Town of Severance, referral received November 10, 2015
Weld County Sheriff's Office, referral received November 30, 2015
West Greeley Soil Conservation District, referral received December 14, 2015
The Department of Planning Services' staff has not received responses from :
Weld County Building Inspection
Poudre Valley Fire District
Windsor/Severance Fire District
Water Supply and Storage
Larimer-Weld Irrigation Company
Larimer County Canal #2
COZ15-0004 - Birgenheier Page 1
� 1861 �d
N T y - ADMINISTRATIVE RECOMMENDATION
G 0 CHANGE OF ZONE
1
PLANNER: C. Gathman HEARING DATE: February 2, 2016
CASE
NUMBER: COZ15-0004
APPLICANT: Ronald Birgenheier
ADDRESS: 9100 County Road 59, Sterling , CO 80751
REQUEST: Zone from the PUD (Planned Unit Development) Zone District to the (A)
Agricultural Zone District.
LEGAL: Part NW4 of Section 10 T7N R67W of the 6th PM , Weld County, Colorado
LOCATION : South of and adjacent to County Road 84 and approximately 1 /4 mile east of
County Road 19.
ACRES: +/- 79.81 acres
PARCEL #s: 070510100019 & 070510200021
Request Summary:
A change of zone from A (Agricultural) to Planned Unit Development (PUD) for a 9-lot residential
lots was approved by the Board of County Commissioners on September 6, 2006. The applicants
do not intend to proceed with the 9-lot residential development and are requesting to rezone the
property back to A (Agricultural).
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.
COZ15-0004 - Birgenheier Page 2
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 23-2-30.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 existing parcel is an undeveloped property located in an agricultural area.
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.
At the time the site is developed . The applicant will apply for a well permit and septic
permit.
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 site accesses onto a local county road (County Road 84). An access permit will
be required at the time the parcel is developed.
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 site is not located within a Geological Hazard Area,
Airport Overlay District or floodplain .
2) Section 23-2-30.A.5. b. — The proposed change of zone will not prohibit future
extraction of mineral resources (sand and gravel, oil and gas. . . ).
3) Section 23-2-30.A.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.
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 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)
2. The plat shall be amended to delineate the following :
COZ15-0004 - Birgenheier Page 3
A. All pages of the plat shall be labeled COZ15-0004. (Department of Planning
Services)
B. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code.
(Department of Planning Services)
C. All recorded easements shall be shall be shown and dimensioned on the Change
of Zone plat. (Department of Planning Services, Department of Public Works)
D. County Road 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 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 Planning Services-Engineer)
E. Show and label all easements with the recorded document reception number and
date on the site plan. (Department of Planning Services — Engineer)
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 5 of
the Weld County Code. (Department of Planning Services)
B. Water service may be obtained from an individual well. (Department of Public
Health and Environment)
C. The Board of County Commissioners approved the waiver of the minimum lot
size in the A (Agricultural) Zone District as specified in Section 23-3-50.A. 1 of the
Weld County Code on February 24, 2016.
D. 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)
E. 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. (Department of Public Health and
Environment)
F. 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)
G. Any future structures or uses on site must obtain the appropriate zoning and
building permits. (Department of Planning Services)
H . New buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following has been adopted by Weld
County: 2006 International Building Code, 2006 International Mechanical Code,
COZ15-0004 - Birgenheier Page 4
2006 International Plumbing Code, 2008 National Electrical Code and Chapter
29 of the Weld County Code. (Department of Building Inspection)
Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the Weld County Road Impact Program . (Ordinance 2011 -2)
J . Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011 -
2)
K. 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)
L. The historical flow patterns and run-off amounts will be maintained on the site.
(Department of Planning Services - Engineer)
M . Should noxious weeds exist on the property or become established as a result of
the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds, pursuant to Chapter 15, Articles I and II , of the
Weld County Code. (Department of Planning Services-Engineer)
N . 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
COZ15-0004 - Birgenheier Page 5
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 .
4. 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.
5. 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).
6. 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 .
7. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site
construction. (Department of Planning Services-Engineer)
B. If more than one (1 ) acre is to be disturbed, a Weld County Grading Permit will
be required. (Department of Planning Services-Engineer)
COZ15-0004 - Birgenheier Page 6
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
p ` - i FAX: (970) 304-6498
r �
February 05, 2016
BIRGENHEIER LEE
9100CR59
Sterling, CO 80751
Subject: COZ15-0004 - 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 NW4 SECTION 10, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
PART NE4 SECTION 10, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have rescheduled the meeting with the Weld County Planning Commission to February 23, 2016, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 30,
2016 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.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason:I am the author of this document
w Q Date:2016.02.05 11:25:20-07'00'
Chris Gathman
Planner
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
r
January 08, 2016
BIRGENHEIER LEE
9100CR59
Sterling, CO 80751
Subject: COZ15-0004 - Change the Zone from the PUD (Planned Unit Development) Zone District to
the (A)Agricultural Zone District.
On parcel(s)of land described as:
PART NW4 SECTION 10, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
PART NE4 SECTION 10, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 2, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 24, 2016
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.weldcountyplanninocases.org
If you have any questions concerning this matter, please call.
Respectfully,
Dlb• w' T ° Reasollyn: signed the y uthisroeRandlom
G—J�y/1� Reason:lamtheauthorof this document
Date:2016.01.08 15:56:05-0700'
Chris Gathman
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
� E-MAIL: cgathman@co.weld.co.us
iri_ �j, PHONE: (970)353-6100, Ext. 3537
ti ' FAX: (970)304-6498
November 10, 2015
BIRGENHEIER LEE
9100CR59
STERLING CO 80751
Subject: COZ15-0004 - Change the Zone from the PUD (Planned Unit Development) Zone District to
the (A)Agricultural Zone District.
On parcel(s)of land described as:
PART NW4 SECTION 10, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
PART NE4 SECTION 10, T7N, R67W 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 Commission(s)for their review and comments:
Severance at Phone Number 970-686-1218
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
/X";� Reason:I am the author of this document
�u"Q �"G"� Date:2015.11.10 11:29:24-07'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 1/22 & 2/12/2016
APPLICANT: Ronald Birgenheier
CASE#: COZ15-0004
REQUEST: Zone from PUD (Planned Unit Development) Zone District to the (A) Agricultural Zone
District.
LEGAL: Part NW4 of Section 10 T7N R67W of the 6th PM, Weld County, Colorado
LOCATION: South of and adjacent to County Road 84 and approximately 1/4 mile east of County
Road 19.
PARCEL ID#s: 070510100019 & 070510200021
ACRES: +/- 79.81 acres
Zoning Land Use
N A N Cropland
E A E SF Residence/Cropland
S A S Cropland
W A W Cropland
COMMENTS:
Undeveloped Property.
Chris Gathman - Planner III
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