HomeMy WebLinkAbout20170073.tiffPlanner:
C. Gathman
Case Number: COZ16-0003
Applicant:
Representative:
Request:
Legal
Description:
Location:
Acres:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date:
November 15,
2016
Jacob & Laura Owen
Jeffrey W. Couch - 3468 Shallow Pond, Fort Collins, CO. 80528-1215
Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District
Tract A Arrowhead 4th Filing; Located in part of the N2 of Section 27, T5N,
R66W of the 6th P.M., Weld County, CO
South of and adjacent to West 37th Street and approximately 1,500 feet west
of 47th Avenue
+/- 10A2 acres Parcel #. 0959-27-1-07-005
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 Planning Services - Engineer, referral dated September 27,
2016
> Weld County Department of Public Health and Environment, referral dated September 21,
2016
> Weld County Department of Planning Services - Floodplain, referral dated August 31, 2016
> Weld County Department of Public Works, referral dated September 26, 2016
> City of Evans, referral dated September 22, 2016
> City of Greeley, referral dated September 20, 2016
> West Greeley Soil Conservation District, referral dated September 26, 2016
Without Comment:
▪ Weld County Public Works - Access, referral dated October 11, 2016
▪ Weld County Zoning Compliance, referral dated August 30, 2016
▪ Weld County Sheriff's Office , referral dated September 2, 2016
▪ Town of LaSalle, referral dated September 27, 2016
The Department of Planning Services' staff has not received responses from:
▪ Colorado Parks and Wildlife
▪ United States Army Corps of Engineers
▪ Milliken Fire Protection District
▪ School District RE -6
COZ16-0003
Page 1 of 9
Ashcroft Draw Ditch
COZ16-0003
Page 2 of 9
Planner:
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Hearing Date:
November 15,
2016
Case Number: COZ16-0003
Applicant: Jacob and Laura Owen
Representative: Jeffrey W. Couch - 3468 Shallow Pond, Fort Collins, CO. 80528-1215
Request: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District
Legal Tract A Arrowhead 4th Filing: Located in part of the N2 of Section 27, T5N,
Description: R66W of the 6th P.M., Weld County, CO
Location: South of and adjacent to West 37th Street and approximately 1,500 feet west
of 47th Avenue
Acres: +1- 10.42 acres Parcel #. 0959-27-1-07-005
REQUEST SUMMARY: The applicants are proposing to rezone Tract A of the Arrowhead
Subdivision from the A (Agricultural) zone district to E (Estate) zone district. The Arrowhead
Subdivision was platted in 4 filings during the 1960's to early 1970's and consists of more than
100 residential lots. The size of the lot is consistent with the E (Estate) Zone District minimum lot
size requirement of 2.5 acres and a maximum lot size of 20 acres. The site is served by City of
Evans water and by individual septic system which is also consistent with E (Estate) Zone District
requirements of public water and individual septic systems. It should be noted that, unlike the
Agricultural Zone District, the animal unit requirements (number of livestock allowed per acre) are
more restrictive in the Estate Zone District. This application is in conjunction with resubdivision
RES16-0003 in which the applicant is proposing to divide this tract into two (2) equal size lots.
Per the Weld County code, resubdivisions have one one (1) hearing - A Board of County
Commissioners. RES16-0003 will not be scheduled for a Planning Commission hearing.
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.
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."
COZ16-0003
Page 3 of 9
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.
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.
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.
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:
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)
COZ16-0003
Page 4 of 9
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)
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)
COZ16-0003
Page 5 of 9
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)
I. 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 Department, a 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/PermitsUrit for more information. (Department of Public
Health and Environment)
L. 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)
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 M54 requirements. (Department of Planning Services -
Engineer)
COZ16-0003
Page 6 of 9
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.
COZ16-0003
Page 7 of 9
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.
COZ16-0003
Page 8 of 9
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.
COZ16-0003
Page 9 of 9
October 25, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
Couch Jeff
3468 Shallow Pond Drive
Fort Collins, CO 80528
Subject: COZ16-0003 - Change of Zone from A (Agricultural) Zone District to the E (Estate) Zone
District. This case is being processed in conjunction with RES16-0001.
On parcel(s) of land described as:
TRACTAARROWHEAD 4TH FILING; PART OF SECTION 27, T5N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 15, 2016, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 4,
2017 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,
t/5 A,4
Chris Gathman
Planner
1
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
August 30, 2016
COUCH JEFF
3468 SHALLOW POND DR
FT COLLINS CO 80528
Subject: COZ16-0003 - Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District. This case is being processed in conjunction with RES16-0001.
On parcel(s) of land described as:
TRACT A ARROWHEAD 4TH FILING; PART OF SECTION 27, T5N, 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:
Evans at Phone Number 970-475-1170
Greeley at Phone Number 970-350-9780
LaSalle at Phone Number 970-284-6931
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,
Chris Gathman
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.08.30 07:39:35 -06'00'
FIELD CHECK
inspection dates: 11/5/2016
APPLICANT: Lake Arrowhead Inc. C/O Elmer Lundvall
CASE #:
REQUEST:
LEGAL:
LOCATION:
COZ16-0003/RES16-0001
Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone District &
Replat Track A of Arrowhead Subdivision into two (2) lots..
Tract A Arrowhead 4th Filing, located in part of the N2 of Section 27 T5N R66W of the 6th
PM, Weld County, Colorado
South of and adjacent to West 37th Street and approximately 1,500 feet west of 47th
Avenue.
PARCEL ID #s: 095927107005
ACRES:
+/- 10.42 acres
Zoning
Land Use
N
C-3 Commercial
N
Vacant Land (cropland & oil and gas production
facility)
E
R-1 Residential
E
Lake
S
City of Greeley
S
Residential Subdivision (Arrowhead)
W
C-3 Commercial/City of
Greeley
W
Residential Subdivision (Arrowhead)
COMMENTS:
Majority of the property is in floodplain with exception off of raised area adjacent to Kiowa Drive and area
adjacent to Pawnee Drive. Drainage and wetland vegetation area cover the majority of the remainder of
the parcel.
Chris Gathman - Planner III
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