HomeMy WebLinkAbout20150032.tiff �86r
LAND USE APPLICATION
� � SUMMARY SHEET
L / CHANGE OF ZONE
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Planner: Diana Aungst Hearing Date: December 16, 2014
Case Number: COZ14-0006
Applicant: Vicki Swenson fka Vicki Lake
Site Address: 37044 Northwest Drive, Windsor, CO 80550
Request: Change of Zone from the R-2 (Duplex Residential) Zone District to the R-3 (Medium-
Density Residential)Zone District
Legal Lot 14 Northwest Estates 1st Filing; Part of Section 29, T7N, R67W of the 6th P.M.,
Description: Weld County, Colorado.
Location: North of and adjacent to CR 76; East of and adjacent to Northwest Drive.
Acres: +/- 1.44 acres Parcel #. 0705-29-0-03-002
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 Building Inspection, referral dated October 13, 2014
• Weld County Department of Planning — Engineer, referral dated November 4, 2014
• Weld County Department of Public Health and Environment, referral dated November 6, 2014
Without Comment:
➢ Town of Windsor, referral dated November 7, 2014
• Town of Severance, referral dated October 14, 2014
• Weld County Zoning Compliance, referral dated October 13, 2014
• Northern Weld County Water District, referral dated October 13, 2014
• State of Colorado, Division of Water Resources, referral dated October 10, 2014
The Department of Planning Services' staff has not received responses from:
➢ Larimer County
➢ School District RE-4
➢ Fort Collins Conservancy District
• Division of Colorado Parks and Wildlife
➢ Windsor/Severance Fire Protection District
COZ14-0006
Page 1 of 6
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CHANGE
OF ZONE
ADMINISTRATIVE RECOMMENDATION
IN _ (=GU N_v
Planner: Diana Aungst Hearing Date: December 16, 2014
Case Number: COZ14-0006
Applicant: Vicki Swenson fka Vicki Lake
Site Address: 37044 Northwest Drive, Windsor, CO 80550
Request: Change of Zone from the R-2 (Duplex Residential) Zone District to the R-3 (Medium-
Density Residential)Zone District
Legal Lot 14 Northwest Estates 1st Filing; Part of Section 29, T7N, R67W of the 6th P.M.,
Description: Weld County, Colorado.
Location: North of and adjacent to CR 76; East of and adjacent to Northwest Drive.
Acres: +/- 1.44 acres Parcel #. 0705-29-0-03-002
Description:
The applicant is requesting to rezone this property to R-3 (Medium-Density Residential) to bring the
existing triplex into compliance with the Weld County Code. The structure was built in 1976 as a duplex
and circa 1978 one-half of the basement was finished as a third dwelling. The applicant has been
working with planning and building staff to ensure all the appropriate permits are approved for this triplex.
The property is served by North Weld County Water District. There are two septic systems; one septic
system serves the two duplex units and a one septic system serves the basement unit.
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."
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
COZ14-0006
Page 2 of 6
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 permit has been
approved with access permit number AP#14-00483.
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)
COZ14-0006
Page 3 of 6
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)
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)
COZ14-0006
Page 4 of 6
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)
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
COZ14-0006
Page 5of6
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-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.
COZ14-0006
Page 6 of 6
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
November 14, 2014
LAKE VICKI S
17605 RIST CANYON RD
BELLVUE, CO 80512
Subject: COZ14-0006 - CHANGE OF ZONE FROM THE R-2 (DUPLEX RESIDENTIAL) ZONE
DISTRICT TO THE R-3 (MEDIUM RESIDENTIAL)ZONE DISTRICT
On parcel(s)of land described as:
LOT 14 NORTHWEST ESTATES 1ST FG; PART OF SECTION 29, T7N, R67W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 16, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 14, 2015
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 weldcountyplanningcases org
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Ranslem�Ns��((/t1�ya , Fèan:lam the author of this document
Date:2014.11.1410:52:14-07'00'
Diana Aungst
Planner
V1/4 N DEPARTMENT OF PLANNING SERVICES
i i 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
October 13, 2014
LAKE VICKI S
17605 RIST CANYON RD
BELLVUE, CO 80512
Subject: COZ14-0006 - CHANGE OF ZONE FROM THE R-2 (DUPLEX RESIDENTIAL) ZONE
DISTRICT TO THE R-3 (MEDIUM RESIDENTIAL)ZONE DISTRICT
On parcel(s)of land described as:
LOT 14 NORTHWEST ESTATES 1ST FG; PART OF SECTION 29, T7, R67W of the 6th P.M., Weld
County, Colorado.
Dear Applicant:
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:
Severance at Phone Number 970-686-1218
Windsor at Phone Number 970-674-2400
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 am ed
hiorioef hisdoin m
Fbaron:I am the author of this document
Date:2014.10.13 07:32:16-0600'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 12/5/14
Case Number: COZ14-0006
Applicant: Vicki Swenson fka Vicki Lake
Site Address: 37044 Northwest Drive, Windsor, CO 80550
Request: Change of Zone from the R-2 (Duplex Residential) Zone District to the R-3
(Medium-Density Residential) Zone District
Legal Lot 14 Northwest Estates 1st Filing; Part of Section 29, T7N, R67W of the 6th
Description: P.M., Weld County, Colorado.
Location: North of and adjacent to CR 76; East of and adjacent to Northwest Drive.
Acres: +/- 1.44 acres Parcel #. 0705-29-0-03-002
Zoning Land Use
N R-2 (Duplex Residential) N Residential
E Municipal E Vacant Land/Windsor
S Municipal S Vacant Land/Windsor
W R-2 (Duplex Residential) W Residential
COMMENTS:
The site contains a [triplex] dwelling unit and some outbuildings. There are two accesses to the
site from Northwest Drive and one from CR 76.
�1N`04
Diana Aungst, Planner
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