HomeMy WebLinkAbout20160773.tiff 4%.
LAND USE APPLICATION
fSUMMARY SHEET
�• CHANGE OF ZONE
C Jr)y7Y
Planner: Diana Aungst Hearing Date: February 16, 2016
Case Number: COZ15-0006
Applicant: Mark &Jennifer Phillips
Site Address: 15715 CR 25, Platteville, CO
Request: Change of Zone from the A(Agricultural)Zone District to the E (Estate)Zone District
Legal Lot 3 Block 3 of Olinger Subdivision of Garden Tracts; Being part of W2NW4 of Section
Description: 18, T3N, R66W of the 6th P.M., Weld County, CO
Location: West of and adjacent to CR 25.5 (N. Division Blvd) and approximately one-quarter mile
south of CR 34
Acres: +/- 7.97 acres Parcel #. 1211-18-0-01-015
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 — Engineer, referral dated December 28, 2015
Weld County Department of Public Health and Environment, referral dated December 28, 2015
Without Comment:
• School District RE-1, referral dated December 8, 2015
• Weld County Zoning Compliance, referral dated December 8, 2015
• Central Weld County Water District, referral dated December 9, 2015
• State of Colorado, Division of Water Resources, referral dated December 9, 2015
The Department of Planning Services' staff has not received responses from:
➢ Bucker Ditch
➢ Town of Platteville
➢ Colorado Parks and Wildlife
➢ Platte Valley Conservancy District
Platteville Fire Protection District
➢ Weld County Department of Building Inspection
COZ15-0006
Page 1 of 7
I8614r-
�,'. = CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
I L
�L oouN-� '
Planner: Diana Aungst Hearing Date: February 16, 2016
Case Number: COZ15-0006
Applicant: Mark &Jennifer Phillips
Site Address: 15715 CR 25, Platteville, CO
Request: Change of Zone from the A(Agricultural)Zone District to the E (Estate) Zone District
Legal Lot 3 Block 3 of Olinger Subdivision of Garden Tracts; Being part of W2NW4 of Section
Description: 18, T3N, R66W of the 6th P.M., Weld County, CO
Location: West of and adjacent to CR 25.5 (N. Division Blvd) and approximately one-quarter mile
south of CR 34
Acres: +/- 7.97 acres Parcel #. 1211-18-0-01-015
Description:
The applicant is requesting to rezone this property to E (Estate) in order to split it using the re-subdivision
process. The parcel is an eight (8) acre lot that will become two four-acre lots in the resulting subdivision
will create two 4 acres lots. 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.
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.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."
COZ15-0006
Page 2 of 7
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
pad 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.
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)
COZ15-0006
Page 3 of 7
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)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for E (Estate) uses and shall comply with the E (Estate) Zone
District requirements as set forth in Article III Division 5 of the Weld County Code.
(Department of Planning Services)
B. The 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. 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)
COZ15-0006
Page 4 of 7
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.
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
COZ15-0006
Page 5 of 7
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 .tif (Group 4)
(Group 6 is not acceptable).
COZ15-0006
Page 6 of 7
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.
COZ15-0006
Page 7 of 7
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3524
p - i FAX: (970) 304-6498
January 18, 2016
PHILLIPS MARK& JENNIFER
PO BOX 1014
PLATTEVILLE, CO 806511014
Subject: COZ15-0006 - CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE E (ESTATE)ZONE DISTRICT
On oarcel(s)of land described as:
PART W2NW4 SECTION 18, T3N, R66W LOT 3 BLOCK 3 OLINGER SUB OF GARDEN TR of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 16, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 9, 2016 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.weldcou ntyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
J(�, ^ Digitally signed
author
eRandlom
'"I'-,",Iu`�,�"-'-'�" F2ason:lam the author of this document
Date:2016.01.1811:49:44-07'00'
Diana Aungst
Planner
N DEPARTMENT OF PLANNING SERVICES
i t 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
/ PHONE: (970)353-6100, Ext. 3524
\ ? FAX: (970)304-6498
December 04, 2015
PHILLIPS MARK& JENNIFER
PO BOX 1014
PLATTEVILLE, CO 806511014
Subject: COZ15-0006 - CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE E (ESTATE)ZONE DISTRICT
On parcel(s)of land described as:
PART W2NW4 SECTION 18, T3N, R66W LOT 3 BLOCK 3 OLINGER SUB OF GARDEN 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 Commission(s)for their review and comments:
Platteville at Phone Number 970-785-2245
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
lam the author of th is document
_ If Date:2015.12.04 13:22:51 -07'00'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 2/5/16
Case Number: COZ15-0006
Applicant: Mark & Jennifer Phillips
Site Address: 15715 CR 25, Platteville, CO
Request: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District
Legal Lot 3 Block 3 of Olinger Subdivision of Garden Tracts; Being part of W2NW4
Description: of Section 18, T3N, R66W of the 6th P.M., Weld County, CO
Location: West of and adjacent to CR 25.5 (N. Division Blvd) and approximately one-
quarter mile south of CR 34
Acres: +/- 7.97 acres Parcel #. 1211-18-0-01-015
Zoning Land Use
N A (Agricultural) N Rural Residential
E Municipal - Platteville E Municipal - Platteville Energy Park
S A (Agricultural) S Rural Residential
W A (Agricultural) W Rural Residential
COMMENTS:
There is a house under construction on the site. The access point from CR 25.5 has not been
constructed.
of
Diana A�ungst, Planner
Hello