HomeMy WebLinkAbout20161076.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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: COZ15-0004
APPLICANT: RONALD BIRGENHEIER AND LEE BIRGENHEIER
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT)ZONE
DISTRICT TO THE(A)AGRICULTURAL ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 AND PART NE4 SECTION 10,T7N, R67W OF THE 6TH P.M.,WELD
COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 84 AND APPROXIMATELY 1/4 MILE EAST
OF CR 19.
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 22-2-20.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.
RESOLUTION COZ15-0004
RONALD BIRGENHEIER AND LEE BIRGENHEIER
PAGE 2
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:
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. 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)
D. 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 Chapter 23, Article III Division 1 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. 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: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. (Department of Building
Inspection)
E. 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)
F. 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)
G. The historical flow patterns and run-off amounts will be maintained on the site. (Department of
Planning Services- Engineer)
H. 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)
RESOLUTION COZ15-0004
RONALD BIRGENHEIER AND LEE BIRGENHEIER
PAGE 3
I. 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.
J. WELD COUNTY'S RIGHT TO FARM: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 COZ15-0004
RONALD BIRGENHEIER AND LEE BIRGENHEIER
PAGE 4
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 b
required. (Department of Planning Services-Engineer)
Motion seconded by Bruce Johnson.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 COZ15-0004
RONALD BIRGENHEIER AND LEE BIRGENHEIER
PAGE 5
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 February 23, 2016.
Dated the 23rd of February, 2016
Digitally signed by Kristine Ranslem
12,,1 w tOana e/vt. Date:2016.02.25 09:10:12-07'00'
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 23, 2016
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,
Jordan Jemiola, at 12:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes.
Absent: Nick Berryman, Terry Cross.
Also Present: Chris Gathman and Diana Aungst, Department of Planning Services; Wayne Howard,
Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of
Health; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 16, 2016 Weld County Planning Commission minutes, Moved by Bruce
Johnson, Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: COZ15-0004
APPLICANT: RONALD BIRGENHEIER AND LEE BIRGENHEIER
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT)ZONE
DISTRICT TO THE(A)AGRICULTURAL ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 AND PART NE4 SECTION 10,T7N, R67W OF THE 6TH P.M.,WELD
COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 84 AND APPROXIMATELY 1/4 MILE EAST
OF CR 19.
Chris Gathman, Planning Services, presented Case COZ15-0004, 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.
Mr. Gathman stated that the applicant is unable to attend today's hearing; however the applicant has stated
that they are in agreement with the recommended conditions of approval and development standards. He
added that staff has not received any correspondence from surrounding property owners in regard to this
case.
Commissioner Smock asked for clarification on why the applicants wish to rezone it back to agricultural.
Mr. Gathman said that according to the applicant it would be very expensive to provide water service to this
site. Therefore, they felt it was cost prohibitive to proceed with the PUD (Planned Unit Development)
process.
Wayne Howard, Engineering, reported on the road right-of-way and access requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Case COZ15-0004 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 Benjamin Hansford, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes.
Meeting adjourned at 4:11 pm.
1
Respectfully submitted,
Digitally signed by Kristine Ranslem
116\ithrit--, Date:2016.02.25 09:03:02-07'00'
Kristine Ranslem
Secretary
2
Hello