HomeMy WebLinkAbout20141851.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: COZ14-0002
APPLICANT: MARK&JACQUELYN EBERL
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE PUD(PLANNED UNIT DEVELOPMENT)ZONE
DISTRICT TO THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 9 EDENS RESERVE PUD;PART OF SECTION 21,T3N,R68W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 32; 0.5 MILES EAST OF CR 5.
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. A.Goal 1. of the Weld County code states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations for purposes which enhance
the economic health and sustainability of agriculture."
Section22-2-2-1.A.Policy 6.1.of the Weld County Code states:"Support the continuation of
division of lands in agricultural areas that are exempt from subdivision regulations."
The proposed change of zone will not change the uses allowed from the existing zoning and
will continue to allow agricultural uses. Changing the zoning to Agricultural will allow the
applicant to divide the property through the Recorded Exemption process.
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 zoning for the
existing Lot 9 is Planned Unit Development forA(Agricultural)Uses.This proposed rezoning
to A (Agricultural) will not change the uses allowed by right, accessory uses and uses by
special review on the subject property than what is allowed under the existing zoning.
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. The existing parcel has a single
family residence that is served by the Little Thompson Water District and an existing septic
system(SP-0200166).This change of zone will not change existing water and sewer service
or demand.
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 parcel to be
rezoned accesses off of County Road 32 via Grace Way through the Eden's Reserve PUD.
This access will not change.
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.
EXHIBIT
2) Section 23-2-30.A.5.b.—A mineral resource statement was prepared t
Eden's Reserve PUD change of zone (Z-525).
RESOLUTION COZ14-0002
MARK&JACQUELYN EBERL
PAGE 2
3) Section 23-2-30.A.5.c. —Types of uses allowed under this change of zone will not
change from the existing zoning classification. The Longmont Soil Conservation
District, in their referral dated March 11, 2014, indicated no conflict with their
interests.
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)
B. The applicant shall attempt to address the requirements of the Mountain View Fire Protection
District as stated in their referral dated March 21, 2014. Written evidence of such shall be
provided to the Department of Planning Services. (Mountain View Fire Protection District)
C. The PUDF14-0001 plat shall submitted for recording in conjunction with the COZ14-0002 plat.
(Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ14-0002. (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. The access and utility easement and utility easements with existing utilities (originally
indicated on the Eden's Reserve PUD shall be indicated on the plat as approved by the Weld
County Utility Advisory Committee on June 12, 2014. (Utility Advisory Committee)
C. In addition to the easements required by the Utility Board, all recorded easements shall be
shall be shown and dimensioned on the Change of Zone plat(reception#-book and page).
(Department of Planning Services, Department of Public Works)
D. Weld County's"Right to Farm"as provided in Appendix 22-E of the Weld County Code
shall be placed on any recorded plat.
E. The approved stormwater drainage easement shall be indicated on the plat. (Department
of Public Works)
F. 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 Article III, Division 1 of the
Weld County Code. (Department of Planning Services)
2. 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)
3. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
RESOLUTION COZ14-0002
MARK&JACQUELYN EBERL
PAGE 3
4. Water service shall be obtained from the Little Thompson Water District.
(Department of Public Health and Environment)
5. This subdivision is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall 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)
6. Activities such as landscaping (i.e. planting of trees and shrubs) and construction
(i.e. auxiliary structures, dirt mounds, etc.)activities are expressly prohibited in
the designated absorption field site. (Department of Public Health and
Environment)
7. Building permits maybe required, per Section 29-3-10 of the Weld County Code.
Currently the following has been adopted by Weld County:2012 International Codes;
2006 International Energy Code; 2011 National Electrical Code; A building permit
application must be completed and two complete sets of engineered plans bearing
the wet stamp of a Colorado registered architect or engineer must be submitted for
review.A geotechnical engineering report performed by a. (Department of Building
Inspection)
8. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the Countywide Road Fee Impact Program. (Ordinance 2011-2)
9. 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 program. (Ordinance
2011-2)
10. 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)
11. The historical flow patterns and run-off amounts will be maintained on site.
(Department of Public Works)
12. This parcel and any future parcels within the boundaries of this change of zone that
will be utilizing Grace Way for access are subject to and shall adhere to the Road
Maintenance Agreement recorded under reception#3834850 on 3/27/2012.
13. 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
RESOLUTION COZ14-0002
MARK&JACQUELYN EBERL
PAGE 4
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.
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,sandburs,
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.
G. The applicant shall submit three (3) paper copies or one (1) electronic copy of the plat for
preliminary approval to the Weld County Department of Planning Services. (Department of
Planning Services)
3. Upon completion of 1. and 2. above 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 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one-hundred (120) days from the
date of the Board of County Commissioners resolution.The applicant shall be responsible for paying
the recording fee. (Department of Planning Services)
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).
(Department of Planning Services)
RESOLUTION COZ14-0002
MARK&JACQUELYN EBERL
PAGE 5
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 Nick Berryman.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
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 17, 2014.
Dated the 17th of June, 2014.
Q Digitally signed by Kristine
q Yju T IIJ�P/7(t. Ranslem
Date:2014.06.18 08:18:43-06'00'
Kristine Ranslem
Secretary
5/ se)//c1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 20, 2014
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,
Mark Lawley, at 1 :30 pm .
Roll Call.
Present: Benjamin Hansford , Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes.
Absent/Excused: Nick Berryman
Also Present: Kim Ogle, Chris Gathman, and Tom Parko, Department of Planning Services; Don Carroll,
Department of Public Works; Lauren Light and Heather Barbare, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion : Approve the May 6, 2014 Weld County Planning Commission minutes, Moved by Jason Maxey,
Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: CO714-0002
APPLICANT: MARK & JACQUELYN EBERL
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT)
ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 9 EDENS RESERVE PUD; PART OF SECTION 21 , T3N, R68W OF THE
6TH P.M. . WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 32; 0.5 MILES EAST OF CR 5.
Chris Gathman, Planning Services, requested that a continuance of this case be made to the June 17,
2014 Planning Commission hearing so that the 30 day notice to the mineral interest owners can be
completed as well as a correction to the legal notice.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this case. No one wished to speak.
Motion : Continue Case COZ14-0002 to the June 17, 2014 Planning Commission hearing date, Moved
by Jason Maxey, Seconded by Bruce Sparrow. Motion carried unanimously.
CASE NUMBER: USR14-0011
APPLICANT: EXPEDITION WATER SOLUTIONS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT FACILITY INCLUDING A CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING AND A
WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER
WASHOUT FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A, B AND C OF REC EXEMPT RE 5024; PART W2 SECTION 36, T5N,
R64W OF THE 6TH P. M. , WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50; EAST OF AND ADJACENT TO CR 59.
Commissioner Maxey noted that he abstained from the case at the last hearing and wished to recuse
himself for this case.
Kim Ogle. Planning Services, presented Case USR14-0011 , reading the recommendation and comments
into the record. Mr. Ogle noted that this case was continued from the May Planning Commission
hearing. He added that the applicant, Mr. Goddard, indicated that he met with several nei • . • • . nd it
appears that the main issues of concern are the truck traffic and staging of trucks on EXHIBIT
Additionally, Mr. Goddard met with the Platte Valley Fire Chief, Barry Schaefer, a
Superintendent of RE-7, Glenn McClain, Jr. regarding their concerns. The original applic. D v
•1111 .€4
PC innEeD
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 17, 2014
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,
Mark Lawley, at 1 :30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes, Nick
Berryman.
Absent/Excused: Jason Maxey, Joyce Smock.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Don
Carroll, Department of Public Works; Wayne Howard, Department of Planning and Engineering; Lauren
Light and Heather Barbare, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the June 3, 2014 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Jordan Jemiola. Motion passed unanimously.
CASE NUMBER: COZ14-0002
APPLICANT: MARK & JACQUELYN EBERL
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT)
ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 9 EDENS RESERVE PUD; PART OF SECTION 21 , T3N, R68W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 32; 0.5 MILES EAST OF CR 5.
Chris Gathman, Planning Services, presented Case COZ14-0002, reading the recommendation and
comments into the record. In conjunction with this application, the applicants are applying for an
Amended PUD Final Plan to take Lot 9 out of the Eden's Reserve PUD. Mr. Gathman said that the real
purpose for this request is that the applicants are looking to create an additional lot through the Recorded
Exemption process. The Department of Planning Services recommends approval of this application with
the attached conditions of approval.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Mark Eberl, 2672 Grace Way, stated that they wish to follow this request with a Recorded Exemption so
that they could sell their home and build a new residence on a separate lot.
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 COZ14-0002 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 Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0017
APPLICANT: SWINK FAMILY FARMS LTD, C/O ENCANA OIL & GAS (USA) INC.
PLANNER: KIM OGLE
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