HomeMy WebLinkAbout20170651.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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:
COZ16-0004
VICKI S. LAKE, C/O WELD COUNTY PLANNING DEPARTMENT
MICHAEL HALL
CHANGE OF ZONE FROM THE R-2 (DUPLEX RESIDENTIAL) ZONE DISTRICT
TO THE R-3 (MEDIUM -DENSITY RESIDENTIAL) ZONE DISTRICT
LOT 14 NORTHWEST ESTATES 1ST FG: PART OF SECTION 29, T7N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO,
NORTH AND ADJACENT TO CR 76; EAST AND ADJACENT TO NORTHWEST
DRIVE
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-120.A. — R. Goal 1.states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to serve the residential development or district." and 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 subject property appears to be compatible with the surrounding land uses. The area is urban in
nature, has adequate services and facilities and is located within the Town of Severance and Town of
Windsor IGAs. The subject property is Lot 14 of the Northwest Estates Subdivision which has 15 lots.
The surrounding lots in the Subdivision provide for single, duplex and triplex residences. The zoning
map (Z-180) recorded in 1971 indicates the zoning is H-UD and four of the lots in this subdivision were
approved for triplexes and the other eleven lots were approved for duplexes.
The proposed Change of Zone would remedy the zoning and land use inconsistency and reflect the
correct zoning for the existing land use. The subject property was designated on the 1971 zoning map
as a duplex. The structure was built to be a duplex but shortly after the duplex was constructed, the
basement was finished and the structure has been occupied as a triplex since the late 1970s. This
conversion was allowed as it met the density requirements listed on the zoning map. The H-UD Zone
District was changed to the R-2 Zone District in 1981 and R-2 allows for duplexes only.
B. 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 comments from the surrounding property
owners about this Change of Zone request.
A neighborhood meeting was held by representatives from the Department of Planning Services on
May 21, 2015 from 5:30 to 7:30 pm at the Weld County Administration Building, Events Center to
discuss the Change of Zone with neighbors. One neighbor attended and had no concerns.
C. 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
dwellings have adequate water and septic. Water service is provided by the North Weld County Water
District per Account No. 1195003. Sewage disposal is provided by 619710932 (main floor duplex)
and SP -0200448 (basement unit).
RESOLUTION COZ16-0004
VICKI S. LAKE. O/O WELD COUNTY PLANNING DEPARTMENT
PAGE 2
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 subject property has one access point on County Road 76, which shall be closed per Town of
Windsor. Engineering Department comments, and two access points on Northwest Drive. County
Road 76 is annexed by the Town of Windsor and Northwest Drive is maintained by Weld County. A
Weld County access permit has been approved with access permit number AP #16-00556, for the two
access points off of Northwest Drive.
E. Section 23-2-30.A.5. — In those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance with the applicable standards:
1) Section 23-2-30.A.5.a. — The proposed Change of Zone is not located within an Overlay
District, Geological Hazard Area or a Special Flood Hazard Area.
2) Section 23-2-30.A.5.b. — The site is an existing 1.4 acre property with an existing residence.
The size of the property and existing improvements do not make it practical for commercial
mining.
3) Section 23-2-30.A.5.c. — The use on the subject property will not change with the approval of
this Change of Zone. The Fort Collins Soil Conservancy District did not respond with any
referral agency comments. The West Greeley Conservation District provided information
regarding the soils on the site. A Custom Soil Resource Report was submitted from the Natural
Resource Conservation Service. This report listed no limits per the soils. No new structures are
being proposed.
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 R-2 (Duplex Residential) Zone District to the R-3 (Medium -Density Residential)
Zone District is conditional upon the following:
1. The Change of Zone plat shall delineate the following:
A. All pages of the plat shall be labeled COZ16-0004. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C. and D. of the Weld County Code. (Department of Planning
Services)
C. The two access points off of Northwest Drive shall be clearly shown on the plat and labeled with the
approved access permit number (AP16-00556). (Department of Public Works)
D. Northwest 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 plat shall delineate the future and
existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
E. County Road 76 is owned and maintained by the Town of Windsor. County Road 76 is a paved road
and is designated in the Town of Windsor Comprehensive Plan as rural collector, which requires 120
feet of right-of-way at full buildout. The plat shall delineate the future (10 feet) and existing (50 feet)
right-of-way. All setbacks shall be measured from the edge of future right-of-way. The Town of
Windsor has jurisdiction over all accesses within their jurisdiction. (Department of Public Works)
F. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or
reception number.
2. The following notes shall be delineated on the Change of Zone plat:
RESOLUTION COZ16-0004
VICKI S. LAKE. 0/O WELD COUNTY PLANNING DEPARTMENT
PAGE 3
1) The Change of Zone allows for R-3 (Medium -Density Residential) uses which shall comply with the R-
3 (Medium -Density Residential) Zone District requirements as set forth in Article III Division 2 of the
Weld County Code. (Department of Planning Services)
2) The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4) The property owner shall control noxious weeds on the site. (Department of Public Works)
5) 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)
6) There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
7) No access is permitted o
existing access point s
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County Road 76 per the
be closed. (Department o
own of Windeor, Engineering Department.
anning Services)
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8) The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning - Engineer)
9) Water service shall be obtained from North Weld County Water District. (Department of Public Health
and Environment)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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.
RESOLUTION COZ16-0004
VICKI S. LAKE. 0/O WELD COUNTY PLANNING DEPARTMENT
PAGE 4
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.
15) WELD COUNTY'S RIGHT TO FARM: 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. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C. and D. of the Weld
County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to
the 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
RESOLUTION COZ16-0004
VICKI S. LAKE. CIO WELD COUNTY PLANNING DEPARTMENT
PAGE 5
the office of the County Clerk and Recorder by the Department of Planning Services. 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 format is a projected ESRI shapefile (.shp..shx, .dbf. .prj) with a
defined coordinate system (i.e.. NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.).
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1. 2005, should the plat not be
recorded within the required one -hundred -twenty (120) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month
period.
Motion seconded by Tom Cope.
VOTE:
For Passage Against Passage
Bruce Johnson
Bruce Sparrow
Cherilyn Barringer
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Absent
Jordan Jemiola
Gene Stille
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 March 7, 2017.
Dated the Th of March, 2017
&noWn
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 7, 2017
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 Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Joyce Smock, Michael Wailes,
Terry Cross, Tom Cope.
Absent: Jordan Jemiola.
Also Present: Chris Gathman, Diana Aungst, and Michael Hall 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 February 21. 2017 Weld County Planning Commission minutes, Moved by Terry
Cross, Seconded by Michael Wailes. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ16-0004
VICKI S. LAKE, CIO WELD COUNTY PLANNING DEPARTMENT
MICHAEL HALL
CHANGE OF ZONE FROM THE R-2 (DUPLEX RESIDENTIAL) ZONE DISTRICT
TO THE R-3 (MEDIUM -DENSITY RESIDENTIAL) ZONE DISTRICT
LOT 14 NORTHWEST ESTATES 1ST FG; PART OF SECTION 29, T7N, R67W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH AND ADJACENT TO CR 76; EAST AND ADJACENT TO NORTHWEST
DRIVE.
Michael Hall, Planning Services. presented Case COZ16-0004, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Gene Stille left the meeting at 12:54 pm.
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.
Vicki Lake, 1212 Stony Hill Drive, Fort Collins, Colorado, stated that the Town of Windsor intends to close
the access from County Road 76: however she expressed desire to leave the access open as she would
like to divide her property at some point in the future.
Commissioner Smock asked if there is anything that the County can do to ensure that the County Road 76
access will remain open. Mr. Hall replied that it is a private matter between the Town of Windsor and the
property owner. Bob Choate, County Attorney, said that having an access at that location, if it's been used
for the last 40 years, is a property interest. He added that the Town can exercise jurisdictional control
subject to a property interest. Mr. Choate agreed that this is a private issue between the landowner and
the Town of Windsor; however he would be surprised if the Town could unilaterally just close it.
Mr. Hall referred to Plat Note 2.7 which states that there will be no access from County Road 76.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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Motion: Delete Plat Note 2.7 to ensure that the access from County Road 76 remains intact, Moved by
Bruce Johnson Seconded by Terry Cross.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Joyce Smock, Michael Wailes, Terry Cross, Tom
Cope.
Absent: Gene Stille.
The Chair asked the applicant if she has read through the amended Conditions of Approval and if she is in
agreement with those. The applicant replied that she is in agreement.
Motion: Forward Case COZ16-0004 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Bruce
Johnson Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow. Cherilyn Barringer. Joyce Smock, Michael Wailes, Terry Cross, Tom
Cope.
Absent: Gene Stille.
Meeting adjourned at 1:40 pm.
Respectfully submitted,
'6\.lbdn.t
Kristine Ranslem
Secretary
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