HomeMy WebLinkAbout20160771.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ15-0006, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE E (ESTATE) ZONE DISTRICT - MARK AND JENNIFER PHILLIPS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 9th day of March, 2016, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Mark and Jennifer Phillips,
P.O. Box 1014, Platteville, Colorado 80651, requesting a Change of Zone from the A(Agricultural)
Zone District to the E (Estate) Zone District for a parcel of land located on the following described
real estate, to-wit:
Lot 3, Block 3, Olinger Subdivision of Garden Tracts;
being part of the W1/2 NW1/4 of Section 18,
Township 3 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 23-2-40.B.1 - That the proposal is consistent with Chapter 22 of
the Weld County.
1) 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 the Central Weld County Water District and individual
On-site Wastewater Treatment Systems (OWTS) for sewer.
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CHANGE OF ZONE (COZ15-0006) - MARK AND JENNIFER PHILLIPS
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2) Section 22-2-120.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 originallylatted. The other remaining lots are either re-platted
P
and/or are annexed into the Town of Platteville. The proposed
rezoning is compatible with the existing conditions.
B. Section 23-2-40.B.1. - The uses which will 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. Section 23-2-40.B.3 - 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, four (4) acre parcels will be served by
the Central Weld County Water District and individual On-site Wastewater
Treatment Systems (OWTS) for sewer. A Will Serve letter, dated
April 22, 2015, was included in the application.
D. Section 23-2-40.B.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
four (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 23-2-40.B.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 23-2-40.B.5.a — The proposed Change of Zone is not
located within an Overlay District or in a Special Flood Hazard Area.
2) Section 23-2-40.B.5.b — The site is an existing eight (8) acre
property. The size of the property and existing homes in the area
do not make it practical for commercial mining.
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3) Section 23-2-40.B.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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Mark and Jennifer Phillips, requesting a Change of Zone
from the A (Agricultural) Zone District to the E (Estate) Zone District on the above referenced
parcel of land be, and hereby is, granted subject to the following conditions:
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.
2) The plat shall adhere to Section 23-2-50.C. and D. of the Weld
County Code.
3) All recorded easements shall be shall be shown and dimensioned
on the Change of Zone plat.
4) Show and label the approved Town of Platteville accesses and
access permit numbers on the plat, if applicable.
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 Chapter 23, Article III,
Division 5 of the Weld County Code.
B. The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
C. Any future structures or uses on the site must obtain the appropriate zoning
and building permits.
D. The property owner shall control noxious weeds on the site.
E. The historical flow patterns and runoff amounts will be maintained on the
site.
F. Water service may be obtained from the Central Weld County Water
District.
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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.
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 on-site wastewater treatment systems
(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."
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.
J. If land development exceeds six (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.
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 (1) acre in area. Contact
the Colorado Department of Public Health and Environment, Water Quality
Control Division, at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
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.
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, 2014
National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
N. Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County-Wide Road Fee Impact Fee, County Facility
Fee and Drainage Impact Fee Programs.
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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 stated herein and all applicable Weld County regulations.
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. The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map
and recognized at all times.
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. 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), ArcInfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif (Group 4)
(Group 6 is not acceptable).
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- - JENNIFER PHILLIPS
1 MARK AND
CHANGE OF ZONE (COZ15-0006)0006)
PAGE 6
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three (3) month
period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: datniv /ti
arbara Kirkmeyer, Chair
Weld County Clerk to the Board 0 D
• Mike Freeman, Pro-Tem
BY: • �_.., 1. I ' i .. ._.�>�'�"� c—
e.j ty Clerk to the :oard, �•/�i-__
n P. Conway
AT—...RED AS R ORM: ,;(6
. Cozad
ounty Attorney
Steve Moreno
Date of signature: 5/
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