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Home My WebLink About20160772.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS IDMoved by Benjamin Hansford, 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: COZ15-0006 APPLICANT: MARK&JENNIFER PHILLIPS PLANNER: DIANA AUNGST REQUEST: CHANGE OF ZONE FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE E (ESTATE)ZONE DISTRICT. LEGAL DESCRIPTION: LOT 3 BLOCK 3 OLINGER SUB OF GARDEN TR; PART W2NW4 SECTION 18, T3N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO CR 25.5 AND APPROXIMATELY ONE- QUARTER MILE SOUTH OF CR 34 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." 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 an eight (8) acre lot that will become two four (4) acre lots when the re-subdivision is approved and recorded. The original subdivision, platted in 1925,shows 27 lots about eight(8)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. 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 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. 23-2-30.A.2.-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 two 4 acre parcels will be served by Central Weld County Water District and individual on-site wastewater treatment systems for sewer (OWTS). A will serve letter, dated April 22, 2015, was included in the application. • EXHIBIT 13 RESOLUTION COZ15-0006 MARK&JENNIFER PHILLIPS 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 applicant has received approval of BCR15-00658 for a new single-family home which is currently under construction on the north 4 acre parcel. County Road 25.5 is annexed by the Town of Platteville. The Town of Platteville has approved access for the new home and any other required access points will be reviewed by the Town of Platteville. 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 or in a Special Flood Hazard Area. 2) Section 23-2-30.A.5.b. —The site is an existing 8 acre property. The size of the property and existing homes in the area 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 Platte Valley Soil Conservancy District did not respond with any referral agency comments. A Custom Soil Resource Report was submitted from the Natural Resource Conservation Service. This report listed no significant limits on the soils. A new home is currently under construction. 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 plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled COZ15-0006. (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 and label the approved Town of Platteville accesses and access permit numbers on the plat, if applicable. (Department of Public Works) 5. Show and label the County access and access permit number(AP15-00580)on CR 25 also show the 30 foot access and utility easement for Lot 2, if applicable. (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 Ill 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) RESOLUTION COZ15-0006 MARK&JENNIFER PHILLIPS PAGE 3 • D. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15,Articles I and II,of the Weld County Code.(Department of Planning Services - Engineer) E. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) F. Water service may be obtained from Central Weld County Water District. (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/PermitsUnit for more information. (Department of Public Health and Environment) L. 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) M. 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) N. 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. • RESOLUTION COZ15-0006 MARK&JENNIFER PHILLIPS PAGE 4 • O. 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) P. 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. Q. 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 RESOLUTION COZ15-0006 MARK&JENNIFER PHILLIPS PAGE 5 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 .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. Motion seconded by Nick Berryman. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross 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. • RESOLUTION COZ15-0006 MARK&JENNIFER PHILLIPS PAGE 6 • 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 February 16, 2016. Dated the 16th of February, 2016 �Qn Digitally signed by Kristine Ranslem TqadultQ.il'l. Date:2016.02.18 07:55:52-07'00' Kristine Ranslem Secretary • 04)47 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING • Tuesday, February 16, 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, Jordan Jemiola, at 12:37 pm. Roll Call. Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Department of Planning Services; Wayne Howard, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the January 19, 2016 Weld County Planning Commission minutes, Moved by Bruce Johnson, Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER: COZ15-0006 APPLICANT: MARK&JENNIFER PHILLIPS PLANNER: DIANA AUNGST REQUEST: CHANGE OF ZONE FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE E (ESTATE)ZONE DISTRICT. LEGAL DESCRIPTION: LOT 3 BLOCK 3 OLINGER SUB OF GARDEN TR; PART W2NW4 SECTION 18, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO CR 25.5 AND APPROXIMATELY ONE- QUARTER MILE SOUTH OF CR 34 Diana Aungst, Planning Services, presented Case COZ15-0006, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Wailes noted that the legal description on the Planning Website does not match the legal description on the agenda and asked if we could proceed with this case. Bob Choate, County Attorney, asked that this case be moved to the last item on the agenda to research whether the legal description in the newspaper was correct. Motion: Move Case COZ15-0006 to the last item on the agenda, Moved by Benjamin Hansford, Seconded by Bruce Sparrow. Motion carried unanimously. Mr. Choate stated that the legal notice published in the paper and the agenda was correct; therefore the Planning Commission may continue with hearing Case COZ15-0006. CASE NUMBER: COZ15-0006 APPLICANT: MARK&JENNIFER PHILLIPS PLANNER: DIANA AUNGST REQUEST: CHANGE OF ZONE FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE E (ESTATE)ZONE DISTRICT. LEGAL DESCRIPTION: LOT 3 BLOCK 3 OLINGER SUB OF GARDEN TR; PART W2NW4 SECTION 18, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO CR 25.5 AND APPROXIMATELY ONE- QUARTER MILE SOUTH OF CR 34 Diana Aungst, Planning Services, presented Case COZ15-0006, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. • Commissioner Wailes asked if the reason for the Change of Zone is because it is already in the subdivision. Ms. Aungst replied yes. EXHIBIT Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the requirements on site. • Commissioner Johnson said that according to his map there is only one(1)access off of County Road 25.5 (Lot 1)and added that he doesn't see an access for Lot 2. Mr.Howard said that they notified the applicant that they will need to resubmit their site plan with the access shown on Lot 2 as well as the approval from the Town of Platteville. Mr.Howard added that the applicant indicated that they have received approval from the Town of Platteville. Lauren Light,Environmental Health,reviewed the public water and sanitary sewer requirements,on-site dust control,and the Waste Handling Plan. Jennifer Phillips, 15704 CR 25,Platteville,stated that her parents purchased the back 8 acres and then they deeded it over to them. They are requesting a Change of Zone from Agricultural to Estate because it is less than 80 acres. She added that they intend to resubdivide the property for a future home. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Ms.Aungst recommended deleting Condition of Approval 1.A.5 since the applicant has received approval from the Town of Platteville for the two access points. Motion: Delete Condition of Approval 1.A.5 as recommended by staff,Moved by Benjamin Hansford, Seconded by Bruce Johnson. Motion carried unanimously. The Chair asked the applicant if they have read through the amended 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 COZ15-0006 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval,Moved by Benjamin Hansford,Seconded by Nick Berryman. Vote:Motion carried by unanimous roll call vote(summary:Yes=9). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes,Nick Berryman,Terry Cross. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak. Meeting adjourned at 1:31 pm. Respectfully submitted, Digitally signed by Kristine Ranslem 45v:66,21_,Y/))1 l4,,tuyt.„ Date:2016.02.18 08:58:35-07'00' Kristine Ranslem Secretary • 2 Hello