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LAND USE APPLICATION
SUMMARY SHEET
PLANNER: C. Gathman HEARING DATE: December 16, 2014
CASE
NUMBER: COZ14-0005
APPLICANT: Lake Arrowhead Inc., C/O Elmer Lundvall
ADDRESS: P.O. Box 362, Greeley, CO 80632
REQUEST: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District
LEGAL: Tract A Arrowhead 4`" Filing, located in part of the N2 of Section 27 T5N R66W
of the 6`" PM, Weld County, Colorado
LOCATION: South of and adjacent to West 37th Street and approximately 1,500 feet west of
47th Avenue
ACRES: +/- 10.42 acres
PARCEL#: 095927107005
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Weld County Planning Services-Engineer, referral received October 23, 2014
Weld County Department of Public Health and Environment, referral received October 21, 2014
Greeley Soil Conservation District, referral received September 30, 2014
Weld County Planning Services-Floodplain, referral received September 29, 2014
Without Comment:
City of Evans, referral received October 8, 2014
Colorado Parks and Wildlife, referral received November 28, 2014
Johnstown-Milliken Fire Protection District, referral received October 13, 2014
Weld School District RE-6, referral received November 17, 2014
Weld County Department of Building Inspection, referral received October 8, 2014
Weld County Zoning Compliance, referral received September 23, 2014
COZ14-0005
Page 1 of 8
The Department of Planning Services' staff has not received responses from:
Weld County Sheriff's Office
City of Greeley
Town of Milliken
US Army Corps of Engineers
COZ14-0005
Page 2 of 8
,Va\1 AP'
� I ADMINISTRATIVE RECOMMENDATION
ULocLiNTY CHANGE OF ZONE
PLANNER: C. Gathman HEARING DATE: December 16, 2014
CASE
NUMBER: COZ14-0005
APPLICANT: Lake Arrowhead Inc. C/O Elmer Lundvall
ADDRESS: P.O. Box 362, Greeley, CO. 80632
REQUEST: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District.
LEGAL: Tract A Arrowhead 4`" Filing, located in part of the N2 of Section 27 T5N R66W
of the 6`" PM, Weld County, Colorado
LOCATION: South of and adjacent to West 37th Street and approximately 1,500 feet west of
47th Avenue.
ACRES: +/- 10.42 acres
PARCEL#: 095927107005
REQUEST SUMMARY: The applicants are proposing to rezone Tract A of the Arrowhead
Subdivision from A (Agricultural)to E (Estate). The Arrowhead Subdivision was platted in 4 filings
during the 1960's to early 1970's and consists of more than 100 residential lots. The size of the
lot is consistent with the E (Estate)Zone District minimum lot size requirement of 2.5 acres and a
maximum lot size of 20 acres. The site is served by City of Evans water and by individual septic
system which is also consistent with E (Estate)Zone District requirements of public water and
individual septic systems. It should be noted that, unlike the Agricultural Zone District, the animal
unit requirements (number of livestock allowed per acre)are more restrictive in the Estate Zone
District. This application is conjunction with resubdivision RES14-0001 in which the applicant is
proposing to divide this tract into two (2)equal size lots.
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.
COZ14-0005
Page 3 of 8
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.
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:
COZ14-0005
Page 4 of 8
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 III 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 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 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)
COZ14-0005
Page 5 of 8
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)
Building permits may be required, per Section 29-3-10 of the Weld County Code.
New buildings 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 /t 080266-0619C dated 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)
COZ14-0005
Page 6 of 8
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
COZ14-0005
Page 7 of 8
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 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. 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.
COZ14-0005
Page 8 of 8
H it DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
C j ` - i FAX: (970)304-6498
r
November 17, 2014
WERNSMAN ERIC
1011 42ND ST
EVANS, CO 80620
Subject: COZ14-0005 - 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.
On narcel/sl of land described as:
TRACT A ARROWHEAD 4TH FILING; PART OF SECTION 27, T5N, R66W 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 bya Kristineof Ranslem
I�asona am the author of thisdocument
Date:2014.11.1714:23:29-07'00'
Chris Gathman
Planner
Vt. N DEPARTMENT OF PLANNING SERVICES
i fi 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
N ' Y FAX: (970)304-6498
September 23, 2014
WERNSMAN ERIC
1011 42ND ST
EVANS, CO 80620
Subject: COZ14-0005 - Change of Zone from the A (Agricultural) Zone District to the R-1 (Low Density
Residential)Zone District. This case is being processed in conjunction with Resubdivision RES14-0001.
On parcel(s)of land described as:
TRACT A ARROWHEAD 4TH FILING; PART OF SECTION 27, T5N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
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:
Evans at Phone Number 970-475-1170
Greeley at Phone Number 970-350-9741
Milliken at Phone Number 970-587-4331
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 signed by Kristine Ranslem
- �/!1,- Ftason:I am the author of thisdocument
°' Date:2014.09.23 14:12:51-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 12/3/2014
APPLICANT: Lake Arrowhead Inc. O/O Elmer Lundvall
CASE #: COZ14-0005
REQUEST: Change of Zone from the A (Agricultural)Zone District to the E (Estate)Zone District.
LEGAL: Tract A Arrowhead 4`" Filing, located in part of the N2 of Section 27 T5N R66W of the 6`"
PM, Weld County, Colorado
LOCATION: South of and adjacent to West 37th Street and approximately 1,500 feet west of 47th
Avenue.
PARCEL ID #s: 095927107005
ACRES: +/- 10.42 acres
Zoning Land Use
N C-3 Commercial N Vacant Land (cropland & oil and gas production
facility)
E R-1n Residential E Lake
S City of Greeley S Residential Subdivision (Arrowhead)
W C-3 Commercial/City of W Residential Subdivision (Arrowhead)
Greeley
COMMENTS:
Majority of the property is in floodplain with exception off of raised area adjacent to Kiowa Drive and area
adjacent to Pawnee Drive. Drainage and wetland vegetation area cover the remainder of the parcel.
Chris Gathman - Planner III
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