HomeMy WebLinkAbout20190541.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Angela Snyder Hearing Date: December 18, 2018
Case Number: COZ18-0005
Applicant: Paul and Michelle King
Request: Change of Zone from the E (Estate) Zone District to the A (Agricultural) Zone
District
Legal Lot B of Recorded Exemption RE -3358, being part of NW4 of Section 10, T7N,
Description: R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 84 and east of and adjacent to County
Road 19
Acres: +/- 44.91 acres Parcel #. 0705-10-2-00-023
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Poudre Fire Authority, referral dated November 16, 2018
Y Weld County Department of Public Health and Environment, referral dated November 11, 2018
Y Weld County Department of Public Works, referral dated November 26, 2018
Without Comment:
Y State of Colorado, Department of Transportation, referral dated October 25, 2018
Y State of Colorado, Division of Water Resources, referral dated October 23, 2018
Y Weld County School District RE -4, referral dated October 22, 2018
Y Weld County Sheriff's Office, referral dated November 11, 2018
Y Weld County Zoning Compliance, referral dated October 23, 2018
The Department of Planning Services' staff has not received responses from:
V V V V V V
History Colorado
Larimer County
Larimer-Weld Irrigation Company
State of Colorado, Division of Parks and Wildlife
Town of Severance
Town of Timnath
West Greeley Conservation District
COZ18-0005
Page 1 of 7
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Planner: Angela Snyder Hearing Date: December 18, 2018
Case Number: COZ18-0005
Applicant: Paul and Michelle King
Request: Change of Zone from the E (Estate) Zone District to the A (Agricultural) Zone District
Legal Lot B of Recorded Exemption RE -3358, being part of NW4 of Section 10, T7N, R67W
Description: of the 6th P.M., Weld County, CO
Location:
Acres:
Case Summary:
South of and adjacent to County Road 84 and east of and adjacent to CR 19
+1- 44.91 acres Parcel #. 0705-10-2-00-023
The applicant is requesting to rezone the property from E (Estate) to A (Agricultural). The process for a
minor subdivision was begun on this property, but never reached the final plat stage. The project, Peace
Haven Estates, has been abandoned since 2006. The property consists of vacant, dry rangeland on a
steep grade.
Plat note number fifteen (15) of the Change of Zone Plat MZ-1025, recorded April 21, 2006, Reception
#3381237, states "No development activity shall commence on the property, nor shall any building
permits issued, until the Final Plan has been approved and recorded." As a result, the current property
owners, Paul and Michelle King, are unable to build a home on the property. Approval of this change of
zone will return the zoning to A (Agriculture), vacate the previous plat, and allow the Kings to build a
home on their property. The property would be serviced by a proposed well and proposed septic system
at the time the residence is built.
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 this Code; if not, then
that the zoning of the property under consideration is faulty, or that changing conditions in the
area warrant a Change of Zone.
Section 22-2-20.A.2. - A.Policy 1.2. States: "Support the development of creative policies for
landowners to voluntarily conserve agricultural land."
This change of zone request is the result of landowners finding a way to preserve agricultural
land and open space and to regain full use of their property.
COZ18-0005
Page 2 of 7
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 Department of Planning Services has not received any correspondence from surrounding
property owners. Adjacent properties to the north, south, east and west are all zoned A
(Agricultural). These properties are being used for agriculture, as rangeland and rural residences.
A high -density subdivision has been platted a half -mile to the south on the west side of County
Road 19 within the municipal boundary of Severance. Several parcels in the area with E (Estate)
zoning have not ever submitted final plats and are vacant as well.
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 Colorado Division of Water Resources, in the referral dated October 23, 2018, indicated no
concerns with being able to permit a well on the property. The Department of Environmental
Health Services, in the referral dated November 14, 2018, indicated that a septic system would
be acceptable on the property.
D. Section 23-2-30.A.4. - "That street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts..."
The proposed access to the property is located 800 feet east of County Road 19 on County Road
84, which currently meets spacing requirements, according to the Department of Public Works
referral, dated November 26, 2018.
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. - If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Districts.
Compliance may be demonstrated in a previous public hearing or in the hearing concerning
the rezoning application.
The proposed Change of Zone is not located within an Overlay District, Geological Hazard
Area or a Special Flood Hazard Area. The Geologic Evaluation submitted with the application
materials states that no geologic hazards were present and areas of the site with Olney soils
would be acceptable places for light residential development.
2) Section 23-2-30.A.5.b. - That the proposed rezoning will not permit the USE of any area
known to contain a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor to any greater extent than under
the present zoning of the property.
The proposed Change of Zone does not interfere with the present or future extraction of
mineral resources. All oil and gas wells within one mile of the site are either abandoned,
plugged and abandoned or shut in. The Geologic Evaluation of the site does not identify any
economically recoverable mineral resources on site.
3) Section 23-2-30.A.5.c. - If soil conditions on the site are such that they present moderate or
severe limitations to the construction of structures or facilities proposed for the site, that such
limitations can be overcome and that the limitations will be addressed by the applicant and/or
the applicant's successors or assigns prior to the development of the property
The Geologic Evaluation submitted with the application materials states that no geologic
hazards were present and areas of the site with Olney soils would be acceptable places for
light residential development.
COZ18-0005
Page 3 of 7
The Department of Planning Services recommends conditional approval of this request. 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 E Zone District to A Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ18-0005. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements shall be shall be shown and dimensioned on the Change of Zone
plat. (Department of Planning Services)
4. County Road 19 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-
of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-
of-way and the documents creating the existing right-of-way. If the existing right-of-way
cannot be verified it shall be dedicated. The applicant shall also delineate the physical
location of the roadway. Pursuant to the definition of setback in the Weld County Code,
Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. This road is maintained by Weld County. (Department of Public Works)
5. County Road 84 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-
of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-
of-way and the documents creating the existing right-of-way. If the existing right-of-way
cannot be verified it shall be dedicated. The applicant shall also delineate the physical
location of the roadway. Pursuant to the definition of setback in the Weld County Code,
Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. This road is maintained by Weld County. (Department of Public Works)
6. Show and label the existing and proposed access point(s) and the usage types (Agriculture,
Residential, or Commercial/Industrial). Public Works will review access locations as a part of
the plat submittal. (Department of Public Works)
B. 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 use of the property 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)
4. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage
Impact Fee Programs. (Department of Planning Services)
COZ18-0005
Page 4 of 7
5. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public
Works)
6. Weld County will not replace overlapping easements located within existing right-of-way or
pay to relocate existing utilities within the existing County right-of-way. (Department of Public
Works)
7. All access and utility easements are dedicated for the benefit of all owners of lots depicted on
this plat, including owners of future lots created therefrom, regardless of lot configuration or
number of users, and without limitation of the use or intensity of the use of such easements.
No lot owner may install a gate or otherwise impede the use of such easements without the
approval of all persons with rights of use of such easements. (Department of Public Works)
8. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
9. Prior to the release of building permits, the applicant shall be required to submit a complete
access application for a "preliminarily approved" access location as shown on this plat.
(Department of Public Works)
10. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of
Public Works)
11. The historic flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
12. Water service may be obtained by an individual well. (Department of Public Health and
Environment)
13. 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)
14. 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)
15. 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.
COZ18-0005
Page 5 of 7
16. RIGHT TO FARM STATEMENT: 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.5., 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, 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.
2. Upon completion of Conditions 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 Department of Planning
Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-
COZ18-0005
Page 6 of 7
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.
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 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.
COZ18-0005
Page 7 of 7
November 14, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
KING PAUL & MICHELLE
28990 HIGH WAY 257
GREELEY, CO 806349075
Subject: COZ18-0005 - Change of Zone from the PUD (Planned Unit Development) to the A
(Agricultural) Zone District
On parcel(s) of land described as:
PART NW4 SECTION 10, T7N, R67W LOT B REC EXEMPT RE -3358 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 18, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 6,
2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 0 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.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
October 19, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
KING PAUL & MICHELLE
28990 HIGH WAY 257
GREELEY, CO 80634
Subject: COZ18-0005 - Change of Zone from PUD (Planned Unit Development) to the A (Agricultural)
Zone District
On parcel(s) of land described as:
PART NW4 SECTION 10, T7N, R67W LOT B REC EXEMPT RE -3358 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 Departments for their review and comments:
Severance at Phone Number 970-686-1218
Timnath at Phone Number 970-224-3211
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 12/6/2018
Case Number: COZ18-0005
Applicant: Paul and Michelle King
28990 Highway 257, Greeley, CO 80634
Request: Change of Zone from the E (Estate) Zone District to the A (Agricultural)
Zone District
Legal
Description:
Lot B of Recorded Exemption RE -3358, being part of NW4 of Section
10, T7N, R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 84 and east of and adjacent to
CR 19
Size of Parcel: +/- 44.91 acres
Parcel No. 0705-10-2-00-023
Zoning
Land Use
N
A (Agricultural)
N
Rangeland, Rural Residential
E
A (Agricultural)
E
Rangeland
S
A (Agricultural)
S
Ag, Rural Residential
W
A (Agricultural)
W
Rangeland
COMMENTS:
The site is vacant rangeland with a steep grade.
1. L riC -
Angela Snyder, Planner
MEMORANDUM
To: Board of County Commissioners
From: Angela Snyder
Subject: Request for Continuance, COZ18-0005
Date: December 12, 2018
The Department of Planning Services received notification from Assistant County Attorney Frank Haug
that the typo in the legal notice was substantive and needs to be renoticed. The next available Planning
Commission hearing is January 15, 2018 and Board of County Commissioners hearing is February 13th,
2018
The applicant was contacted by e-mail and he responded stating that he could make both hearing dates.
Therefore, the Department of Planning Services respectively requests this case, COZ18-0005, be
continued to the February 13, 2018 Board of County Commissioners docket.
SLRVICL, I! AMWORK, IN LCIR1I . QUALITY
Hello