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Home My WebLink About20070465.tiff INVENTORY OF ITEMS FOR CONSIDERATION �— Applicant Jason and Lisa Slater Case Number CZ-1135 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities 3 Referral List X Referrals without comment Weld County Department of Public Health& Environment,referral received 1/2/07 X Weld County Code Compliance, referral received 11/27/06 X Larimer County Planning, referral dated 11/27/06 X Town of Severance,referral dated 11/28/06 X 4 Referrals with comments Weld County School District RE-4,referral dated 12/05/06 X • Weld County Building Inspection, referral received 11/27/06 X Weld County Department of Public Works, referral received 12/14/06 X 5 -Surruur I hereby certify that the items identified herein were submitted to the Departm nt qf,Plag ing Services at or prior to the scheduled Planning Commissioners hearing. // Hannah Hi y•'r Plan EXHIBIT Ii;- 2007-0465 Z Ji35 COLORADO CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION CASE#: CZ-1135 HEARING DATE : February 6, 2007 PLANNER: Hannah Hippely APPLICANT: Jason and Lisa Slater REQUEST: A Change of Zone from the A(Agricultural)Zone District to E(Estate)Zone District for Lot 12 of Black Hollow Acres 1st Filing. LEGAL: Lot 12, Black Hollow Acres, 1st Filing; being part of the SE4 Section 33, Township 8 North, Range 67 West of the 6t" P.M., Weld County, Colorado LOCATION: North of and adjacent to County Road 86 and approximately 0.25 mile west of County Road 19 PARCEL#: 0555 33 401002 ACRES: 29.41 +1- POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 23-2-30 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Health & Environment, referral received 1/2/07 • Weld County Code Compliance, referral received 11/27/06 • Weld County Department of Public Works, referral received 12/14/06 • Weld County Building Inspection, referral received 11/27/06 • Town of Severance, referral dated 11/28/06 • Larimer County Planning, referral dated 11/27/06 • Weld County School District RE-4, referral dated 12/05/06 The Department of Planning Services'staff has not received responses from the following agencies: • Ault Fire Protection District EXHIBIT Slater CZ-1135 Page 1 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. 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. The proposal is consistent with Chapter 22 of the Weld County Code. Sec. 22-2-190.D.R.Goal 4. Conversion of agricultural land to E (Estate) Zone residential uses may be accommodated when the subject site is in an area that can support such development. Sec.22-2-60. I.A.Goal 9. The minimum lot size of parcels in the A(Agricultural)Zone District should remain at eighty(80)acres to encourage parcels large enough to retain viable farming operations or to accommodate modern agricultural equipment and irrigation practices. The property is currently served by a domestic well although North Weld County Water District has recently become available. The applicant, as a Condition of Approval, will be required to purchase a tap from the North Weld County Water District in order to comply with the standards for the Estate Zone District.An individual sewage disposal system serves the property. The property is part of Black Hollow Acres;a subdivision approved by the Board of County Commissioners and recorded September 25, 1970 at reception number 1555177. The primary use in the subdivision is residential;the applicants do not wish to change the use of their property,it will remain compatible with the region and the subdivision. At 29.4 acres not only is this parcel is too small to be viable for farming but it is also much smaller than the current agricultural zoning requirement of a 80 acre minimum lot size(23-3-50 Weld County Code). The property does not have any water rights associated with it and has not recently been farmed, thus, changing the zoning designation will not remove currently productive agricultural land from production. B. Section 23-2-30.A.2.states"That 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 proposed site does not lie within the Urban Growth Boundary or Intergovernmental Agreement area for any municipality. The subject property lies within the three-mile referral area of the Town of Severance and Larimer County. Both agencies reviewed the request and found no conflict with their interests. The surrounding properties are zoned Agricultural. The lots in Black Hollow Acres range in size from approximately 10 acres to approximately 60 acres and have primarily residential uses. The surrounding properties(which are not part of the subdivision)are predominantly 80 acres or larger and used for farming. The Estate Zone District is a more stringent zoning designation than the Agriculture designation in that it does not allow some of the more intense uses allowed in the Agricultural Zone District yet it does allow for low density residential; changing the zoning will not allow uses incompatible with Agricultural zoning. In this case, the use will not change as a result of the Change of Zone, the zone change will more accurately reflect the existing use. The Right-to-Farm statement is required to appear on the recorded Change of Zone plat which informs any new residents to the area that the surrounding community is agriculture in nature. The Department of Planning Services'believes that the granting of this Change of Zone will have a minimal impact on the surrounding land uses. e""' Slater CZ-1135 Page 2 C. Section 23-2-30.A.3. states"That adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district." The home on the property has an existing well(permit#194176)however,in order to comply with the requirement of the Estate Zone district for public water, the applicant will, as a Condition of Approval, obtain a water tap from the North Weld County Water District. The Weld County Department of Public Health and Environment has reviewed this proposal and has indicated in their referral received January 2, 2007 that they have no conflicts with this application. Sewer is provided by an Individual Sewage Disposal System(ISDS)permit #SP-9600211. D. Section 23-2-30.A.4 states"Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district." County Road 86 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. Right of way and documentation of the right of way shall be shown on the Change of Zone plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. E. Section 23-2-30.A.5.states "in those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards:" The proposed Change of Zone does not lie within any Overlay District identified by the maps officially adopted by Weld County. Building Permits issued on the Lot will be required to adhere to the fee structure of County Wide Road Impact Program (Ordinance 2002-11) as well as the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee (Ordinance 2005-8 Section 5-8-40). A Mineral Resource Investigation Report prepared by CTL Thompson Inc.,dated October 24, 2006, was included in the application materials. This report concluded that the property did not contain any commercial mineral deposits. Siologic Inc.prepared a soil analysis of the site which concluded that the soils on site did not present moderate or severe limitations to the construction of structures which could not be overcome. This report was included in the application materials. 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 A(Agricultural)Zone District to E (Estate)Zone District is conditional upon the following: 1. Prior to recording the Change of Zone Plat: A. The Change of Zone plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled CZ-1135. (Department of Planning Services) 2. The Change of Zone plat shall not show the proposed subdivision, it shall reflect the existing lot configuration. (Department of Planning Services) Slater CZ-1135 Page 3 3. The Change of Zone plat shall conform to all requirements of Section 23-2-50.D.of the Weld County Code. (Department of Planning Services) B. The applicant shall submit written evidence to the Weld County Department of Planning Services that a water tap has been purchased from the North Weld County Water District. (Department of Planning Services) C. The applicant shall address the requirements(concerns)of the Weld County Department of Public Works as detailed in the referral dated 12/13/06. Evidence that these concerns have been addressed to the Department of Public Works'satisfaction shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) E. 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) F. All easements shall be shown in accordance with Weld County standards and Utility Board recommendations on the Change of Zone plat. (Departments of Planning Services) 2. The Change of Zone is conditional upon the following and each shall be placed on the Change of Zone plat as notes: A. The Change of Zone shall comply with the Estate Zone District requirements as set forth in Section 23 of the Weld County Code. (Department of Planning Services) B. Water service shall be obtained from the North Weld County Water District. (Department of Public Health and Environment and Department of Planning Services) C. A Weld County septic permit is required for each proposed septic system, which shall be installed in according to the Weld County individual sewage disposal system regulations. Each septic system shall be designed for site-specific conditions, including,but not limited to: maximum seasonal high groundwater, poor soils, and shallow bedrock. (Department of Public Health and Environment) D. Weld County's Right to Farm Statement as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Department of Planning Services) E. Personnel from the Weld County Government 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 Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) F. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. (Building Inspection) G. A plan review is required for each building. Two complete sets of plans are required when applying for each permit. Each building may be required to be designed by a Colorado registered engineer. (Building Inspection) H. Prior to the release of building permit, the applicant shall submit evidence of approval from the Ault Fire Protection District to the Weld County Building Department. (Building Inspection) Slater CZ-1135 Page 4 I. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) J. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) K. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) L. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) 4. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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.D. of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 5. The plat for this Change of Zone shall be submitted to the Department of Planning Services along with the plat for RS-1136 and will not be accepted for recording alone. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be recorded within the required sixty(60)days from the date of the Board of County Commissioners resolution a$50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf,and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,Arcinfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be sent to maps( co.weld.co.us. Slater CZ-1135 Page 5 a DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR LONGMONT, COC 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720)652-4211 WIIDc. COLORADO November 21, 2006 Jason & Lisa Slater 8567 CR 86 Fort Collins CO 80524 Subject: CZ-1135- Request for a Change of Zone from A(Agricultural)to E (Estate)on a parcel of land described as Lot 12, Black Hollow Acres, First Filing, Section 33, TON, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for February 6, 2007, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written rtification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Severance Planning Commission for their review and comments. Please call Severance at (970) 686-1218 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Severance Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, ---+dannah Hippely canner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 1/26/2007 NE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Hannah Hippely, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN/ FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR CZ-1135. Hannah L Hippely Name of Pars n Pos 'ng Sign Signature of Person Posting Si n STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me thisc day of ^Jci'U 7 , 2006. WITNESS my hand and official seal. SALZMAN il N tary Public ' : ,' My Commission Expires: 1O'1 LA'di Iota NOTICE wili a `_ 'ULON. nna otunwno fireA PUBLIC HEARING CONCERNING arS THIS PROPERTY WILL BE HELD AT: t/g lea sr7 f Q.-nit-La co tee.' oir f ((ilk . 20c AT / 2O�. -- A. NAME SO;Gn aid Lt Steer REQUEST f° ) -- CASE No. C2- - tip .19.- ACRES FOR MORE INFORMATION CALL -Illii COUNTY DEPARTMENT OF PLANNING SERVICES AT c` ( 970 ) 353 - 6100 ext . 3540 t- _ . I 4 F p OOZ = ` _ • of 4 ' 4, 4 „ .a.. -'-x ->g+%f ... NGTce - '=-- 04 Nonce �. •. .. , . .-. . t - ' _ _ -- -'allti.,, � Ta - _01 /25 I..7 - . a P. r n ` `' P. I. V Mme. . o FIELD CHECK Inspection Date: /z /G107p APPLICANT: Jason and Lisa Slater CASE#: CZ-1135 REQUEST: Change of Zone from A(Agricultural)to E (Estate). LEGAL: Lot 12 Black Hollow Acres, 1st Filing Section 33 T8N, R67W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to County Road 86 and approximately .25 miles West of County Road 19 PARCEL ID#:0555 33 401002 ACRES: 29.41+/- Zoning Land Use N AG s E AG S AG S W AG W Comments: Mc�lfl m ft d VISA-5 4 farc 1-/ eicasephi q7ckliCtO415 1104166taligti45e SAAL-5 Hanna H' pely, I ner ii House(s) ❑ Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions o Crops o Site Distance ❑ Wetlands o Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies ❑ Utilities On-Site (transmission lines) o Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. Hello