HomeMy WebLinkAbout20150107.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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: COZ14-0005
APPLICANT: LAKE ARROWHEAD INC.
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE E
(ESTATE) ZONE DISTRICT. THIS CASE IS BEING PROCESSED IN
CONJUNCTION WITH RESUBDIVISION RES14-0001 .
LEGAL DESCRIPTION . TRACT A ARROWHEAD 4TH FILING; LOCATED IN PART OF THE N2 OF
SECTION 27, T5N. R66W OF THE 6TH P. M. , WELD COUNTY, COLORADO.
LOCATION : SOUTH OF AND ADJACENT TO WEST 37TH STREET AND
APPROXIMATELY 1 .500 FEET WEST OF 47TH AVENUE.
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 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."
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.
EXHIBIT
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?.ols ot02-
RESOLUTION COZ14-0005
LAKE ARROWHEAD INC.
PAGE 2
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. Delineate a septic envelope on each lot that is not located in the floodway and adheres to the
required setback from the lake.
B. Provide a water tap agreement or certificate of proof of payment of fees for each parcel.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ14-0005. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of
Planning Services)
C. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
D. Kiowa Drive and Pawnee Drive are designated on the Weld County Road Classification Plan as
paved local roads which require 60 feet of right-of-way at full build out.These roadways are within
the Arrowhead 4th filing subdivision. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be noted on the plat.All setbacks
shall be measured from the edge of future right-of-way. These roads are maintained by Weld
County. (Department of Planning Services-Engineer)
E. 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)
F. The RES14-0001 plat shall be submitted for recording with the COZ14-0005 plat.(Department of
Planning Services)
3. 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 Ill Division 5 of the Weld County Code. (Department of
Planning Services)
B. Water service shall be obtained from the City of Evans. (Department of Public Health and
Environment)
C. 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
RESOLUTION COZ14-0005
LAKE ARROWHEAD INC.
PAGE 3
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)
D. 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 OWLS 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)
E. 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)
F. 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)
G. 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)
H. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
I. Building permits may be required, per Section 29-3-10 of the Weld County Code. New buildings
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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 Codes, 2006
International Energy Code, and the 2011 International Electrical Code. (Department of Building
Inspection)
J. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld Countywide Road Impact Program.
K. Building Permits issued on the proposed lots,will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
L. 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)
M. 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)
N. The historical flow patterns and run-off amounts will be maintained on the site. (Department of
Planning Services-Engineer)
O. All construction or improvements occurring in the floodplain or floodway as delineated on Federal
Emergency Management Agency(FEMA) FIRM Community Panel Map#080266-0619C dated
RESOLUTION COZ14-0005
LAKE ARROWHEAD INC.
PAGE 4
September 28, 1982 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. (Department of Planning Services-Floodplain)
P. This site is located in a State Designated, Municipal Separate Storm Sewer System(MS4)Area
which may trigger specific water quality requirements or other drainage improvements if the lot
develops further. (Department of Planning Services-Engineer)
Q. 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.
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.
RESOLUTION COZ14-0005
LAKE ARROWHEAD INC.
PAGE 5
4. Upon completion of Conditions of Approval 1. and 2. above,the applicant shall submit one(1)paper
copies 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.
qThe 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.
5. 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).
6. 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 Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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.
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 December 16, 2014.
Dated the 16th of
December, 2014.
�
Kristine Ranslem
Secretary
1f` M tnuAs
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 16, 2014
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,
Jason Maxey. at 1 . 30 pm.
Roll Call.
Present: Benjamin Hansford , Bruce Johnson, Bruce Sparrow. Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman , Terry Cross.
Also Present: Kim Ogle, Chris Gathman , Diana Aungst, and Tom Parko, Department of Planning
Services: Wayne Howard. and Jennifer Petrik, Department of Engineering; Lauren Light and Heather
Barbare, Department of Health: Brad Yatabe. County Attorney. and Kris Ranslem, Secretary.
Motion: Approve the December 2, 2014 Weld County Planning Commission minutes. Moved by Joyce
Y
Smock. Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: COZ14-0005
APPLICANT ARROWHEAD INC
PLANNER CHRIS GATHMAN
REQUEST. CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE E (ESTATE) ZONE DISTRICT THIS CASE IS BEING PROCESSED IN
CONJUNCTION WITH RESUBDIVISION RES14-0001
LEGAL DESCRIPTION TRACT A ARROWHEAD 4TH FILING: LOCATED IN PART OF THE N2 OF
SECTION 27. T5N. R66W OF THE 6TH P. M. . WELD COUNTY. COLORADO.
LOCATION SOUTH OF AND ADJACENT TO WEST 37TH STREET AND
APPROXIMATELY 1 ,500 FEET WEST OF 4781 AVENUE.
Chris Gathman, Planning Services, presented Case COZ14-0005, reading the recommendation and
comments into the record . Mr. Gathman noted that the original application request was to change it from
the Agricultural Zone District to the R-1 (Residential) Zone District. However, because the applicant is
proposing on-site septic systems they have revised the application to the Estate Zone District as the R-1
Zone District allows only public water and sewer. He added that the applicants are also applying for a
resubdivision of the property to divide this tract into two equal sizes. According to the Weld County Code,
only one ( 1 ) public hearing by the Board of County Commissioners is required for resubdivisions.
Mr. Gathman noted that three (3) phones were received expressing concerns and objections with this
development. One of the callers provided two (2) letters of objection to this application expressing
concern development of Lot A will impact the ability of the lot to handle run-off from the rest of the
subdivision resulting in increased erosion and sedimentation. The Department of Planning Services
recommends approval of this application with the attached conditions of approval.
Commissioner Smock asked if a commercial/industrial business could be located on one of the parcels.
Mr. Gathman said that the only business that is allowed in subdivisions would be an accessory use to the
residence through Zoning Permits for Home Occupations or a USR for home business that would require
approval by the Board of County Commissioners.
Jennifer Petrik. Engineering. reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Maxey asked who is responsible for the drainage of this subdivision . Ms. Petrik said that
this is an old subdivision and there is not a Master Drainage Plan . She couldn't answer who is
responsible since there is no drainage plan but would do some research and have an answer at the
Board of County Commissioner hearing .
Lauren Light. Environmental Health . reviewed the public water and sanitary sewer requirements She
noted that typically septic envelopes are not included on the plat: however due to all the included
EXHIBIT
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C.bZ� y- ooDS
restrictions with setbacks from the floodway and floodplain there is a condition of approval requesting
delineation of a septic envelope.
Eric Wernsman, 16193 Essex Road South, Platteville, stated that he is assisting Elmer Lundvall who lives
at 2201 95'"Avenue. Mr. Wernsman said that Mr. Lundvall is requesting to divide Tract A into two (2) lots
approximately 5 acres in size. He added even with the floodplain there appears to be enough space to
build the residences, septic systems and possibly a shop.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Robert Lane, 5141 Pawnee Drive, stated that he has lived there for 25 years. He stated that the run-off is
horrendous. He added that there are landowners upstream from him with a couple horses and the
manure constantly runs down onto his property after it rains. When asked how he felt about the change
of zone, Mr. Lane said that he isn't sure about the zoning but is more concerned with subdividing the
parcel into two (2) lots and creating a larger drainage problem.
Albert Peif, 5053 Pawnee Drive, stated that when the road was constructed in 1997 there was discussion
of subdividing Tract A then. He added that the Board of County Commissioners voted it down because of
concerns with the septic systems. He has lived there for 30 years and has worked and worked to keep
this from flooding his house. When this site would develop it would become such a larger problem and
his property gets flooded with water and silt.
Commissioner Maxey asked if he understood that the applicant is currently allowed to build one (1)
residence on this property. Mr. Peif replied yes, but is concerned with the owner and what might be built
next to him and how it affects the drainage on his property. In 1998 when this was under review, the
County Commissioners said that if the house was to be built it would need to be built at the farthest point
north.
Ann Peif, 5053 Pawnee Drive, provided handouts of the Resolution denying the resubdivsion in 1998 by
the Board of County Commissioners. Ms. Peif stated that their main concern is with the drainage and
flooding of their property. She is also concerned with a fire hazard with the large area of cattails in the
area and added that there is no access for fire emergency vehicles. She added that there was a fire
there previously and came extremely close to their house. Additionally, she is concerned with where and
how the utilities will run to the future houses.
Mr. Wernsman said that it is not unusual to have above-ground septic systems. He said that in regard to
flooding, these houses should be looked at specifically on a case by case basis. Mr. Wernsman noted
that these lots they will be a lot less impervious and currently drain directly to the lake. He added that
with the building of these lots they will need to submit a Grading Permit which will require erosion control
to mitigate these issues.
Commissioner Wailes asked what the intended use of the lake is. Mr. Lundvall said that it was designed
as a detention pond and it was also going to be used by the City of Evans for their water supply.
Commissioner Maxey referred to the Resolution provided by Ms. Peif and asked Mr. Lundvall if he was a
landowner in 1998 when this Resolution was passed. Mr. Lundvall replied that he was. Mr. Maxey asked
why it is allowed to come back to be heard if it was denied in the past. Mr. Gathman stated that it has
been more than 10 years since the application was denied.
Mr. Lundvall indicated that he could build an outbuilding on the area of the lot adjacent to Mr. Peif today
without a change of zone or resubdivision.
Commissioner Sparrow clarified if the drainage problems should be entertained in their decision. The
Chair said that we are making a decision for this lot in particular and not the entire subdivision.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
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Commissioner Wailes requested a recess to allow the Planning Commission time to review the
Resolution provided by Ms. Peif. The Chair called a recess at 2:58 pm and reconvened the hearing at
3:08 pm.
Motion: Forward Case COZ14-0005 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes,
Seconded by Benjamin Hansford.
Vote: Motion passed (summary: Yes= 8, No= 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman,Terry Cross.
No: Jason Maxey.
Commissioner Berryman commented that he doesn't like hearing the issues of the drainage; however
based on the criteria in the Weld County Code it is probably better addressed in another portion of
development. He encouraged staff to notify the Building Department of these issues.
Commissioner Smock said that the public testimony is disturbing to hear; however the Planning
Commission is only reviewing the Change of Zone request at this time.
Commissioner Johnson said that he feels like we have to put blinders on in this case which is not good
wisdom since we have been told that there will be another element of the same problem that is out there.
However, because of the criteria in the Weld County Code he is voting in favor of the change of zone.
Commissioner Cross agreed with staff recommendations and cautioned the person building on the
bottom lot to what should be allowed on the building permit.
Commissioner Wailes said that he sees this issue as a geography issue and the geography is going to
limit what is going to take place on this property. This was denied in 1998 and has had two good building
booms between then and now and no one has built on this property because he believes geography has
limited that. He doesn't believe construction will happen on this property. However because of the
criteria they need to follow he votes in favor of the change of zone.
Commissioner Maxey cited Section 22-2-120.C R.Goal 3 as his reason for denial which states, in
partiality, "Consider the compatibility with surrounding land uses, natural site features, nearby
municipalities'comprehensive plans " and added that he also took the 1998 ruling on this resubdivision
into consideration.
Meeting adjourned at 6:37 pm.
Respectfully submitted,
9.�'1.(bfV 1fi'124/1410_4.1_.
Kristine Ranslem
Secretary
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