HomeMy WebLinkAbout20170072.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Terry Cross. 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
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
COZ16-0003
JACOB & LAURA OWEN
CHRIS GATHMAN
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE E
(ESTATE) ZONE DISTRICT
TRACT A ARROWHEAD 4TH FILING. PART OF SECTION 27 T5N. R66W OF
THE 6TH P M WELD COUNTY. COLORADO
SOUTH OF AND ADJACENT TO 37TH STREET AND APPROXIMATELY 1.500
FEET WEST OF 47TH AVENUE
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.k1. - That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-120 C. R Goal 3. of the Weld County Code 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 applicants are proposing to rezone the parcel to E (Estate) Zone District to allow the parcel to be
divided to create an additional buildable lot for residential purposes via the resubdivision process. This
proposed rezoning is consistent with surrounding land uses The size of the parcel is consistent with
the E (Estate) zoning requirements and the parcel is located adjacent to an existing multi -lot
subdivision.
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.
This proposed rezoning is consistent with surrounding land uses. The size of the parcel is consistent
with the E (Estate) zoning requirements and the parcel is located within the Arrowhead Subdivision.
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 proposed site will be served by City of Evans water and by onsite sewage disposal systems.
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 is adjacent to two existing roads (Kiowa Drive and Pawnee Drive) located within the
Arrowhead Subdivision
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. - Portions of the lot are located within the boundaries of the 100 -year
floodplain. Any development in this area will require a flood hazard development permit.
2) Section 23-2-30.A.5 b - The size of the property and its location within an existing platted
subdivision does not make it practical for commercial mining.
RESOLUTION COZ16-0003
JACOB & LAURA OWEN
PAGE 2
3) Section 23-2-30.A.5.c - This site is located within the West Greeley Soil Conservation District
boundary Per their referral dated September 30. 2014 A portion of the site contains soils with
slight limitations for construction for single-family dwellings and portions of the site contains soils
with moderate to severe limitations for single-family dwellings. The soil district recommends that
soils testing be conducted prior to construction. A soils report or open hole inspection is required
at time of building permit_
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
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 the requirements of the City of Greeley as stated in their referral dated
September 20, 2016_ (Department of Planning Services)
C. The RES16-0001 plat shall submitted for recording along with the COZ16-0003 plat.
D. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ16-0003. (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 Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services — Floodplain)
5 Kiowa Drive is a paved road and is designated on the Weld County Road Classification Plan as a
local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Public Works)
6 Pawnee Drive is a paved road and is designated on the Weld County Road Classification Plan as
a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the future and existing right-of-way All setbacks shall be measured from the edge of
right-of-way This road is maintained by Weld County. (Department of 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 which 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 operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code (Department of Planning Services)
RESOLUTION COZ16-0003
JACOB & LAURA OWEN
PAGE 3
C. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
D A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1885E effective date January 20, 2016 (St. Vrain Creek Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains
in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59. 60. and 65.
The FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining. dredging, filling. grading. paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services - Floodplain)
E. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities. the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
F Water service may be obtained from the City of Evans. (Department of Public Health and
Environment)
G This parcel 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)
H. Language for the preservation and/or protection of the absorption field shall be placed on the plat_
The note shall state: 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)
During development of the site, all land disturbances shall be conducted so that nuisance conditions
are not created. If dust emissions create nuisance conditions, at the request of the Weld County
Health Departmenta fugitive dust control plan must be submitted. (Department of Public Health and
Environment)
J If land development exceeds 6 months in duration, the responsible party shall prepare a fugitive dust
control plan. submit an air pollution emissions notice, and apply for a permit from the Colorado
Department of Public Health and Environment. (Department of Public Health and Environment)
K. A stormwater discharge permit may be required for a development/redevelopment /construction site
where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area.
Contact the Water Quality Control Division of the Colorado Department of Public Health and the
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services -Engineer)
M 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)
N. The 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)
RESOLUTION COZ16-0003
JACOB & LAURA OWEN
PAGE 4
O. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
P This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger
specific water quality requirements or other drainage improvements. In addition to compliance with
applicable Weld County regulations, property owner is required to be compliant with any additional
MS4 requirements. (Department of Planning Services - Engineer)
Q. 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)
R. New buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently. the following has been adopted by Weld County: 2012 International Building
Code, 2006 International Mechanical Code. 2006 International Plumbing Code, 2014 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
S 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)
T 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)
U. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions. concentration and/or unplanned
ponding of storm run-off (Department of Public Works)
V. 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
W. 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
RESOLUTION COZ16-0003
JACOB & LAURA OWEN
PAGE 5
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) paper
copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat
along with all other documentation required as Conditions of Approval_ The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C. and D. of
the Weld County Code. The Mylar plat and additional requirements shall be submitted within one -
hundred -twenty (120) days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee.
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 of (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.
RESOLUTION COZ16-0003
JACOB & LAURA OWEN
PAGE 6
Motion seconded by Gene Stifle
VOTE
For Passage
Bruce Sparrow
Cherilyn Barringer
Joyce Smock
Terry Cross
Tom Cope
Gene Stifle
Against Passage Absent
Bruce Johnson
Jordan Jemiola
Michael Wailes
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 November 15. 2016.
Dated the 15"' of November. 2016
4trohneu
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. November 15, 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room. 1150 O Street, Greeley. Colorado_ This meeting was called to order by Chair,
Bruce Sparrow. at 12:30 pm
Roll Call.
Present Bruce Sparrow, Cherilyn Barringer, Gene Stille. Joyce Smock. Terry Cross, Tom Cope.
Absent Bruce Johnson. Jordan Jemiola, and Michael Wales
Also Present_ Kim Ogle and Chris Gathman. Department of Planning Services: Hayley Balzano.
Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell. Department of
Health. Janet Lundquist and Evan Pinkham. Public Works: Bob Choate. County Attorney. and Kris
Ranslem. Secretary_
Motion: Approve the November 1, 2016 Weld County Planning Commission minutes. Moved by Joyce
Smock. Seconded by Terry Cross. Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
COZ 16-0003
JACOB & LAURA OWEN
CHRIS GATHMAN
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
E (ESTATE) ZONE DISTRICT
TRACT A ARROWHEAD 4TH FILING. PART OF SECTION 27. T5N. R66W OF
THE 6TH P M.. WELD COUNTY, COLORADO
SOUTH OF AND ADJACENT TO 37TH STREET AND APPROXIMATELY 1,500
FEET WEST OF 47TH AVENUE.
Chris Gathman. Planning Services. presented Case COZ16-0003. reading the recommendation and
comments into the record. Mr Gathman noted that this case is in conjunction with a resubdivision
application. He added that the applicant is proposing to divide the 10 acre parcel into two lots. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Evan Pinkham, Public Works. reported on the existing traffic and access to the site.
Hayley Balzano. Engineering. reported on the drainage conditions for the site.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Jeff Couch. 3468 Shallow Pond Drive. Fort Collins. Colorado, stated that he represents the landowners.
The applicants are requesting a change of zone from the existing Agricultural Zone District to the Estates
Zone District which would be more compatible with the existing surrounding structures. He said that they
intend to subdivide the property to construct a residence on each 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 Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement.
Motion: Forward Case COZ16-0003 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval. Moved by Terry Cross. Seconded
by Gene Stille
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow. Cherilyn Barringer. Gene Stille. Joyce Smock, Terry Cross. Tom Cope
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EXHIBIT
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Meeting adjourned at 2:41 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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