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Planner: Diana Aungst Hearing Date: March 9, 2016
Case Number: RES15-0002
Applicant: Mark and Jennifer Phillips
Request: A Resubdivision to Divide Lot 3 Block 3 of Olinger Subdivision of Garden Tracts into two
lots.
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 and approximately one-quarter mile south of CR 34
Size of Parcel: +/- 7.97 acres Parcel No. 1211 -18-0-01 -015
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Resubdivision are listed in Section 24-5-10 of the Weld County Code.
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
Weld County School District RE-1 , referral dated December 8, 2015
Weld County Department of Planning — Engineer, referral dated December 28, 2015
Weld County Department of Public Health and Environment, referral dated December 28, 2015
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
Town of Platteville, referral dated December 16, 2015
Colorado Parks and Wildlife, referral dated December 21 , 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
•- Weld County Department of Public Works — Access, referral dated December 7, 2015
The Department of Planning Services' Staff has not received responses from the following agencies:
Bucker Ditch
• Town of Milliken
Platteville Fire Protection District
Platte Valley Conservancy District
• Weld County Department of Building Inspection
EXHIBIT
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RES15-0002 -Olinger Gardens SO �
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-c-ir)r _ RESUBDIVISION FOR
REDESIGN , ADDITION OR VACATION
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Jy ADMINISTRATIVE REVIEW L_G_ro u N T i-1
Planner Diana Aungst Hearing Date: March 9, 2016
Case Number. RES15-0002
Applicant. Mark and Jennifer Phillips
Request A Resubdivision to Divide Lot 3 Block 3 of Olinger Subdivision of Garden Tracts into two
lots
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 and approximately one-quarter mile south of CR 34
Size of Parcel: +/- 7. 97 acres Parcel No. 1211 -18-0-01 -015
CASE SUMMARY:
The applicants are proposing to subdivide Lot 3 Block 3 of Olinger Subdivision of Garden Tracts into two (2)
lots each approximately 4. 0 acre in size. The applicants are also applying to rezone this property to E (Estate)
under case number COZ15-0006 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 size of the lots are consistent with the E ( Estate) Zone District
minimum lot size requirement of 2 5 acres and a maximum lot size of 20 acres. The lots are proposed to be
served by the Central Weld County Water District and individual on-site wastewater treatment systems
(OWTS) for sewer.
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 24-5-40_A. and B.
of the Weld County Code.
2 . It is the opinion of the Department of Planning Services' Staff that the application has shown compliance
with Section 24-5-40. B. thru D of the Weld County Code, as follows
A. Section 24-5-40. B. 1 -- This resubdivision process requires all information listed in Section 24-4-40_
The resubdivision utility map and plat shall show only the property under consideration for the
resubdivision . If an application requirement is not applicable to the proposed resubdivision . it may be
waived by the Department of Planning Services
The applicant submitted a resubdivision application that included all the items applicable for review.
The Conditions of Approval will need to be addressed prior to approval of this resubdivision .
B . Section 24-5-40. B. 2 . -- In addition to the requirements of Section 24-4-40. F. and G. . the following
application information shall be submitted:
a A resubdivision application form provided by the Department of Planning Services
The applicant submitted a complete resubdivision application form .
RES15-0002 -Olinger Gardens
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b. A letter explaining the resubdivision request The letter shall explain how the proposed
resubdivision complies with the approved final plat. The letter shall also explain how the
resubdivision complies with the adopted rules, regulations and ordinances currently in force and
affecting the subdivision .
The application materials include responses to the supplemental requirements which address the
compliance with the rules, regulations. and ordinances in force and affecting the subdivision .
c. A copy of the recorded final plat.
The applicant submitted a plat with the application materials . The final plat will need to be
submitted once this Resubdivision is approved .
d . All public easements or rights-of-way proposed to be vacated shall be identified and shown in
hatch line form on the resubdivision plat to be recorded . A legal description shall also be
provided for any public easement or right-of-way not parallel to a lot line.
The applicant is not proposing to vacate any public easement or rights-of-way. The applicant
shall comply with the requirements of the Utility Board as outlined during the February 25, 2016
hearing .
C. Section 24-5-40. B. 3. -- Drainage easements or rights-of-way designed to accept drainage shall not be
changed unless supported by a drainage plan and complete engineering data for the affected
subdivision .
The applicant shall comply with the requirements of the Utility Board as outlined during the February
25. 2016 hearing .
D . Section 24-5-40. B.4. -- An affidavit listing the names and addresses of all entities with a security
interest in the property being considered _ The list shall be compiled from the title commitment issued
by a title insurance company or a title opinion by an attorney licensed to practice in the State, and
shall be current as of a date not more than thirty (30) days prior to the date the application is
submitted to the Department of Planning Services.
The applicant submitted complete list ofall the names and addresses ofallentitieswi hr app ca t a co p ete a es t a security
interest in the property
E . Section 24-5-40. C . -- Any person wanting to apply for review of a resubdivision for redesign or
addition of new lots. or vacation of all or portions of a subdivision , shall arrange for a preapplication
conference with the Department of Planning Services. Upon receipt of a complete resubdivision
application , the Department of Planning Services will schedule the request before the Board of County
Commissioners.
A Pre-Application ( PRE15-0055) meeting was held on February 26. 2015 and it was determined at
that meeting that a Change of Zone and Re-Subdivision are the applicable processes for this request.
F. Section 24-5-40. D . -- No lot or parcel shall be created that is less than the minimum lot size standards
set forth in Section 24-7-50 of this Chapter.
The size of the lots are consistent with the E ( Estate) Zone District minimum lot size requirement of
2 . 5 acres and a maximum lot size of 20 acres.
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 agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the following:
1 . Prior to Recording the Resubdivision Plat:
A The COZ15-0006 plat shall be submitted for recording with the RES15-0002 plat. ( Department of
RES15-0002 -Olinger Gardens
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Planning Services)
B. The applicant shall address the requirements of Weld County School District RE-1 as stated in
the referral response dated December 8. 2015. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. ( Department of Planning Services)
C The plat shall be amended to delineate the following :
1 . All plats shall be labeled RES15-0002 . ( Department of Planning Services)
2 Show the approved accesses on the plat and label with the approved access permit
number if applicable. ( Department of Planning Services-Engineer)
3 Show and label all easements with the recorded document reception number and date on
the plat. ( Department of Planning Services-Engineer)
4 . The applicant shall comply with the requirements of the Utility Board as outlined during the
February 25. 2016 hearing _ ( Department of Planning Services)
D . The following notes shall be delineated on the Resubdivision Plat:
1 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)
2 . The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Planning Services — Engineer)
3 . Water service may be obtained from Central Weld County Water District. (Department of
Public Health and Environment)
4 . 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)
5_ 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)
6 . 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)
7 _ 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)
8 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)
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9. 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.
10. 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.
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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.
F. 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
G. The applicant shall create a digital file of all drawings associated with the Resubdivision
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and ArcInfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4); (Group 6 is not acceptable). A copy shall be
submitted to the Weld County Department of Planning Services at the time of Mylar plat
submittal.
2. Upon completion of item #1 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 24-5-40. B. 1 . of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within sixty (60) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If
the resubdivision plat has not been recorded within sixty (60) days from the date of the Board of
County Commissioners resolution, or within a date specified by the Board of County Commissioners,
the Board may require the landowner to appear before it and present evidence substantiating that the
resubdivision has not been abandoned and that the applicant possesses the willingness and ability to
record the resubdivision plat. The Board of County Commissioners may extend the date for recording
the plat. If the Board determines that conditions supporting the original approval of the resubdivision
plat cannot be met, the Board may, after a public hearing, revoke the resubdivision.
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MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday,
February 25, 2016 at 10:00 a .m ., in the Hearing Room of the Weld County Planning Department at 1555 N
17t" Ave, Greeley, Colorado.
Members Present: Galen Monson, Richard Hastings, Wayne Howard , LeAnn Koons, Robert Fleck,
Members Absent: Jerry Adams, Terry Stencel, Terry Speer, Tom Beach , and Al Trujillo
Also Present: Diana Aungst, Department of Planning Services and Kris Ranslem, Secretary.
CASE NUMBER: RES15-0002
APPLICANT: MARK AND JENNIFER PHILLIPS
PLANNER: DIANA AUNGST
REQUEST: RESUBDIVISION TO DIVIDE LOT 3 OF OLINGER SUBDIVISION OF GARDEN
TRACTS INTO TWO LOTS.
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 APPROXIMATELY 0.25 MILES SOUTH
OF CR 34.
Diana Aungst, Planning Services. stated the applicant is proposing to subdivide the property into two (2) lots
approximately 4 acres each in size. Additionally, they plan to change the zone of the property to the Estate
Zone District.
The original subdivision platted in 1925 shows 27 lots. When the subdivision was originally created there were
no requirements for easements; however, over the years, two easements have been established on the
subdivision . A 10 foot non-exclusive utility easement along the former access to Lot 3 from County Road 25
was created as well as a 15 foot utility and drainage easement along the western property boundary.
According to the Weld County Code, staff recommended that additional easements be created with this
resubdivision . Therefore, staff recommended the following : 1 ) create a 15 foot utility easement parallel along
County Road 25.5, and 2) create a 10 foot easement along the east/west internal property lines along Lot 1
and Lot 2. Additionally, the existing recorded easements shall remain on the plat.
Wayne Howard asked Ms. Aungst to explain where the access points are as they are not included on this
map. Ms. Aungst said that the applicant has been working with the Town of Platteville since they have
jurisdiction over County Road 25.5 regarding the access. She added that the Town of Platteville has provided
a document that states they will provide access to both Lots 1 and 2 from County Road 25.5 rather than
coming through the cul de sac.
Wayne Howard moved to add the additional easements per the Weld County Code, as stated by Ms. Aungst,
Seconded by LeAnn Koons. Motion carried unanimously.
Meeting adjourned at 10:04 a .m .
Respectfully submitted,
Digitally signed by Kristine Ranslem
43V,661-
-yt Date: 2016.02.25 14:51 :55 -07'00'
Kristine Ranslem EXHIBIT
Secretary
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