HomeMy WebLinkAbout20182985.tiffLAND USE APPLICATION
SUMMARY SHEET
CHANGE OF ZONE
Planner: Diana Aungst Hearing Date: September 18, 2018
Case Number: COZ18-0003
Applicant: Dean & Valerie Bondeson
Request: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone District
Legal Lot 6 Block 3 Olinger Subdivision Garden Tracts being part of the W2NW4 Section
Description: 18, T3N, R66W of the 6th P.M., Weld County, CO
Location: South of and adjacent to CR 34 and east of and adjacent to CR 25.
Acres: +/- 9.7 acres Parcel #: 1211-18-0-01-008
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 Works, referral dated June 15, 2018
▪ State of Colorado, Division of Water Resources, referral dated May 23, 2018
▪ Weld County Department of Public Health and Environment, referral dated June 6, 2018
Without Comment:
V V V V V
Colorado Parks and Wildlife, referral dated May 19, 2018
Weld County Zoning Compliance, referral dated May 18, 2018
Weld County School District RE -1, referral dated May 21, 2018
Central Weld County Water District, referral dated June 11, 2018
Platteville/Gilcrest Fire Protection District, referral date May 19, 2018
The Department of Planning Services' staff has not received responses from:
y Town of Milliken
y Town of Platteville
y Platte Valley Conservation District
COZ18-0003
Page 1 of 7
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
Planner: Diana Aungst Hearing Date: September 18, 2018
Case Number: COZ18-0003
Applicant: Dean & Valerie Bondeson
Request: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone District
Legal Lot 6 Block 3 Olinger Subdivision Garden Tracts being part of the W2NW4 Section
Description: 18, T3N, R66W of the 6th P.M., Weld County, CO
Location: South of and adjacent to CR 34 and east of and adjacent to CR 25.
Acres: +/- 9.7 acres Parcel #: 1211-18-0-01-008
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
Code.
Section 22-2-120.A. - R.Goal 1. states, 'Ensure that adequate services and facilities are
currently available or reasonably obtainable to serve the residential development or district."
The site is adjacent to the Town of Platteville's corporate limits and will be served by Central
Weld County Water District and individual on -site wastewater treatment systems for sewer
(OWTS).
Section 22-2-12.C. - R.Goal 3. states, "Consider the compatibility with surrounding land uses,
natural site features, nearby municipalities' comprehensive plans and general residential
growth trends when evaluating new residential development proposals."
The site is about ten (10) acres in size and will become two lots (-4 acres and —6 acres) if the
re -subdivision is approved. The original subdivision, platted in 1925, shows 27 lots about eight
(8) - ten (10) acres each. The existing conditions show that eight (8) of the original lots are still
part of unincorporated Weld County and seven (7) are still as originally platted. The other
remaining lots are either replatted and/or are annexed into the Town of Platteville. The
proposed rezoning and is compatible with the existing conditions.
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.
COZ18-0003
Page 2 of 7
The uses proposed are residential and these uses are compatible with the surrounding land
uses. The Department of Planning Services has not received any comments from the
surrounding property owners or the Town of Platteville about this Change of Zone request.
C. Section 23-2-30.A.3. - That adequate water and sewer service can be made available to the
site to serve the uses permitted within the proposed zone district.
According to the referral comments from the Department of Public Health and Environment the
existing residence is served by Central Weld County Water District (tap 198) and an
unpermitted OWTS. A letter from the District dated February 6, 2018 was included with the
resubdivision application. The applicants did apply for a Statement of Existing, Tier 1 (SE -
1800015) which indicated the OWTS is not failing.
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 referral comments from the Weld County Public Works Department dated June 15, 2018,
did not indicate any concerns with the adequacy of CR 34 or CR 25.
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 the Airport
Overlay District or the Special Flood Hazard Area or a Geological Hazard Area.
2) Section 23-2-30.A.5.b. — The site is a 10 acre property. No mineral resource analysis was
conducted and there does not appear to be any economically recoverable resources on
the subject property.
3) Section 23-2-30.A.5.c. — The use on the subject property will be residential.
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 the E (Estate) 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 record RES18-0002. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ18-0003. (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 25 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
COZ18-0003
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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 34 is a paved 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 preliminarily approved access point(s) and the usage types.
(Department of Public Works)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for E (Estate) uses and shall comply with the E (Estate) Zone
District requirements as set forth in Article III Division 5 of the Weld County Code. (Department
of Planning Services)
B. The property owner 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. The property owner shall control noxious weeds on the site. (Department of Public Works)
E. 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)
F. 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)
G. 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)
H. 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)
I. 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)
J. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
COZ18-0003
Page 4 of 7
K. Water service may be obtained from Central Weld County Water District. (Department of Public
Health and Environment)
L. 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)
M. 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)
N. Building permits shall be obtained prior to the construction of any new building. A plan review
is required for each building. Plans shall bear the wet stamp of a Colorado registered architect
or engineer. Two complete sets of plans are required when applying for each permit.
(Department of Building Inspection)
O. Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently, the following have been adopted by Weld County: 2012
International Codes, 2006 International Energy Code, 2006 International Fuel Gas Code, 2012
International Plumbing Code, and 2014 National Electrical Code. 2003 ANSI 117.1
Accessibility code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
P. 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.
Q. 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)
R. 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.
COZ18-0003
Page 5 of 7
S. 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.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, 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.
3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit 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-
COZ18-0003
Page 6 of 7
twenty (120) days from the date of the Board of County Commissioners resolution. The applicant
shall be responsible for paying the recording fee.
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).
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.
COZ18-0003
Page 7 of 7
August 27, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
BONDESON DEAN
15930 CR 25
PLATTEVILLE, CO 80651
Subject: COZ18-0003 - Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District.
On parcelfs) of land described as:
LOT 6 BLOCK 3 OLINGER SUBDIVISION GARDEN TRACT (1ST FILING); PART W2NW4 SECTION
18, T3N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 18, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 3,
2018 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.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
)4Wk&--S29,a(V1/,
Diana Aungst
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
May 18, 2018
BONDESON DEAN
15930 COUNTY ROAD 25
PLATTEVILLE, CO 806517566
Subject: COZ18-0003 - Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District in conjunction with resubdivision RES18-0002
On parcel(s) of land described as:
LOT 6 BLOCK 3 OLINGER SUB GARDEN TR(1ST FILING); W2NW4 SECTION 18, T3N, R66W 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:
Platteville at Phone Number 970-785-2245
Milliken at Phone Number 970-587-4331
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,
WkikkS29—OW1/1j.,
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 9/7/2018
Case Number:
Applicant:
Request:
Legal
Description:
Location:
Acres:
COZ18-0003
Dean & Valerie Bondeson
Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District
Lot 6 Block 3 Olinger Subdivision Garden Tracts being part of the W2NW4
Section 18, T3N, R66W of the 6th P.M., Weld County, CO
South of and adjacent to CR 34 and east of and adjacent to CR 25.
+/- 9.7 acres
Parcel #: 1211-18-0-01-008
Zoning
Land Use
N
A (Agricultural)
N
Rural Residential
E
A (Agricultural)
E
Rural Residential
S
A (Agricultural)
S
Rural Residential
W
A (Agricultural)
W
Rural Residential
COMMENTS:
The site contains a single family residence and a couple outbuildings. There is an access to the
site off of CR 25.
ispt AA_ al (1' I 14 a-,
Diana Aungst, Planner '�
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