HomeMy WebLinkAbout20150031.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved 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: COZ14-0006
APPLICANT: VICKI LAKE
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE R-2(DUPLEX RESIDENTIAL)ZONE DISTRICT
TO THE R-3(MEDIUM DENSITY RESIDENTIAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT 14 NORTHWEST ESTATES 1ST FG;PART OF SECTION 29,T7N,R67W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 76 AND EAST OF AND ADJACENT TO
NORTHWEST DRIVE.
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."and 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 subject property appears to be compatible with the surrounding land. The subject property is
Lot 14 of Northwest Estates which has 15 lots. The zoning map Z-180 recorded in 1971 indicates
the zoning is H-UD and four of the lots in this subdivision were approved for triplexes and the
other eleven lots were approved for duplexes.The subject property was designated on the 1971
zoning map as a duplex.The H-UD zoning district was change to an R-2 zoning district in 1981
and R-2 allows for duplexes only. The structure was built to be a duplex but shortly after the
duplex was constructed the basement was finished and the structure has been occupied as a
triplex since the late 1970s.
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 Department of Planning Services has not received any comments from the surrounding
property owners 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
dwellings have adequate water and septic. No new structures are proposed.
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 access points are not changing.The subject property has an access on County Road 76 and
two accesses on Northwest Drive. County Road 76 is annexed by the Town of Windsor and
Northwest Drive is maintained by Weld County. A Weld County access .ermit has been
approved with access permit number AP#14-00483.
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RESOLUTION COZ14-0006
VICKI LAKE
PAGE 2
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 1.4 acre property with an existing residence.
The size of the property and existing improvements 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 Fort Collins 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 limits per the soils. No new structures
are being proposed.
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 R-2(Duplex Residential)Zone District to the R-3(Medium-Density Residential)
Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Weld County Building Department,as stated
in the referral response dated October 13,2014. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ14-0006. (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 approved accesses shall be delineated on the plat. (Department of Planning Services)
D. Northwest Drive is within the Northwest Estates subdivision and is designated on the Weld
County Road Classification Plan as a paved local road which has 60 feet of right-of-way. 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.This road is maintained by Weld County. (Department
of Planning- Engineer)
E. County Road 76 has been annexed by the Town of Windsor.The Town has jurisdiction over all
accesses within their jurisdiction. Please contact the Town to verify the access permit or for any
additional requirement that may be needed to obtain or upgrade the permit. (Department of
Planning- Engineer)
3. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for R-3 (Medium-Density Residential) uses which shall comply with
the R-3(Medium-Density Residential)Zone District requirements as set forth in Article III Division
2 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)
RESOLUTION COZ14-0006
VICKI LAKE
PAGE 3
C. The existing septic systems (On-site Wastewater Treatment Systems) are approved by the
Department of Public Health and Environment to service this triplex on this lot. (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 -
Engineer)
E. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning- Engineer)
F. Water service shall be obtained from North 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. 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. 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)
J. Buildings, structures 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 Building Code; 2012 International Mechanical Code; 2012 International Plumbing
Code:20121nternational Energy Code;2006 International Fuel Gas Code;the 2012 International
Plumbing Code;2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter
29 of the Weld County Code. (Department of Building Inspection)
K. 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.
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)
RESOLUTION COZ14-0006
VICKI LAKE
PAGE 4
M. 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.
4. 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-
RESOLUTION COZ14-0006
VICKI LAKE
PAGE 5
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 Michael Wailes.
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 16'"of
December, 2014.
di)\
Kristine Ranslem
Secretary
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EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
Tuesday, December 16, 2014 sr -COO
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
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: COZ14-0006
APPLICANT: VICKI LAKE
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE R-2 (DUPLEX RESIDENTIAL) ZONE
DISTRICT TO THE
R-3(MEDIUM DENSITY RESIDENTIAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT 14 NORTHWEST ESTATES 1ST FG; PART OF SECTION 29, T7N, R67W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 76 AND EAST OF AND ADJACENT TO
NORTHWEST DRIVE.
Diana Aungst, Planning Services, presented Case COZ14-0006, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Commissioner Maxey asked what implications this could have if this is approved for future owners or
adjacent landowners by opening this up to R-3 zoning. Ms. Aungst said that R-3 Zone District allows for
a structure to have 3 dwelling units attached to each other. She added that in this case the structure itself
will not change. If the property is sold in the future the new owner would have the privilege with having 3
homes but it would need to be connected together. Ms. Aungst said that the 1971 zoning does show
triplexes in the area so it is compatible with the surrounding structures and neighborhood. When it was
rezoned in 1981 to R-2 which is a duplex zoning which meant that all the existing triplexes became
nonconforming uses. Therefore this structure will be a conforming use when zoned to the R-3 district.
Vicki Swenson stated that she acquired the property three (3) years ago valued as a triplex. She stated
that this building has been a triplex for 40 years. She added that when she learned that she was not in
compliance with the code, she asked the 3r°tenant to vacate the property and has been in compliance to
date. She has fulfilled the Weld County Code requirements and intends to meet the building codes as
well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if she has read through the Conditions of Approval and if she is in
agreement with those. The applicant replied that she is in agreement.
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Motion: Forward Case COZ14-0006 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Benjamin Hansford,
Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Meeting adjourned at 6:37 pm.
Respectfully submitted,"72444,1p,mt
Kristine Ranslem
Secretary
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