HomeMy WebLinkAbout20141850.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ14-0002, FROM THE PUD (PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT -
MARK AND JACQUELYN EBERL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 25th day of June, 2014, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Mark and Jacquelyn
Eberl, 2672 Grace Way, Mead, CO 80542, requesting a Change of Zone from the PUD
(Planned Unit Development) Zone District to the A (Agricultural) Zone District for a parcel of
land located on the following described real estate, to-wit:
Lot 9 Eden's Reserve; being part of Section 21,
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld
County Planning Commission and, having been fully informed, finds that this request shall be
approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 23-2-40.6.1 - The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and
sustainability of agriculture."
2) Section 22-2-20.F1 (A.Policy 6.1) states: "Support the continuation
of division of lands in agricultural areas that are exempt from
subdivision regulations."The proposed Change of Zone will not
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CHANGE OF ZONE (COZ14-0002) - MARK AND JACQUELYN EBERL
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change the uses allowed from the existing zoning and will
continue to allow agricultural uses. Changing the zoning to
Agricultural will allow the applicant to divide the property through
the Recorded Exemption process.
B. Section 23-2-40.6.2 - 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 zoning for the existing Lot 9 is a Planned Unit
Development for A (Agricultural) Uses. This proposed rezoning to
A (Agricultural) will not change the uses allowed by right, accessory uses
and uses by special review on the subject property allowed under the
existing zoning.
C. Section 23-2-40.6.3 - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The existing parcel has a single family residence that is served by
the Little Thompson Water District and an existing septic system
(SP-0200166). This Change of Zone will not change existing water and
sewer service or demand.
D. Section 23-2-40.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone district. The parcel to be rezoned accesses off of
County Road (CR) 32, via Grace Way through the Eden's Reserve PUD.
This access will not change.
E. Section 23-2-40.6.5 - In the instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1) Section 23-2-40.6.5.a — The proposed change of zone is not
located within an Overlay District.
2) Section 23-2-40.B.5.b — A mineral resource statement was
prepared for the original Eden's Reserve PUD Change of Zone
(Z-525).
3) Section 23-2-40.6.5.c — Types of uses allowed under this Change
of Zone will not change from the existing zoning classification. The
Longmont Soil Conservation District, in the referral dated
March 11, 2014, indicated no conflict with their interests.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mark and Jacquelyn Eberl for a Change of Zone
from the PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District on
the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
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1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. The applicant shall attempt to address the requirements of the Mountain
View Fire Protection District, as stated in the referral dated March 21,
2014. Written evidence of such shall be provided to the Department of
Planning Services.
C. The PUDF14-0001 plat shall be submitted for recording in conjunction
with the COZ14-0002 plat.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ14-0002.
B. The plat shall adhere to Section 23-2-50.C and D of the Weld County
Code.
C. The access and utility easement and utility easements with existing
utilities (originally indicated on the Eden's Reserve PUD) shall be
indicated on the plat, as approved by the Weld County Utilities
Coordinating Advisory Committee on June 12, 2014.
D. In addition to the easements required by the Utility Board, all recorded
easements shall be shown and dimensioned on the Change of Zone plat
(reception #- book and page).
E. Weld County's "Right to Farm Statement," as provided in Appendix 22-E
of the Weld County Code, shall be placed on any recorded plat.
F. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for A (Agricultural) uses, which shall
comply with the A (Agricultural) Zone District requirements as set
forth in Chapter 23, Article III, Division 1, of the Weld County
Code.
2) The operation shall comply with all applicable rules and
regulations, state and federal agencies and the Weld County
Code.
3) Any future structures, or uses on-site, must obtain the appropriate
zoning and building permits.
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4) The Board of County Commissioners approved the waiver of the
minimum lot size in the A (Agricultural) Zone District as specified
in Section 23-3-50A.1 of the Weld County Code on June 25, 2014.
5) Building permits may be required, per Section 29-3-10 of the Weld
County Code. Currently, the following have been adopted by Weld
County: 2012 International Codes, 2006 International Energy
Code, and 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado
registered engineer, shall be required or an Open Hole Inspection.
6) Building permits issued on the property will be required to adhere
to the County-Wide Road Impact Fee Program fee structure.
7) Building permits issued on the property will be required to adhere
to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs.
8) This parcel and any future parcels within the boundaries of this
Change of Zone that will be utilizing Grace Way for access are
subject to, and shall adhere to, the Road Maintenance Agreement
recorded under reception #3834850 on March 27, 2012.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. 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 and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
4. 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).
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of June, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ATTEST: � ni r \o kg o�LvvvIL v
i Douglas�Rademacher, C air
Weld CouTS fhe Board
I 1 / • ,��� EL A arbara Kirkmeyer, ro-Tem
BY:Depu Clerk to the Boarrw
( -ean P. Conway
11"` 1 ,
APP: . .c .'M: �I ^�*
;/ Mike Freeman
c rnty Attorney EXCUSED
William F. Garcia
Date of signature: 7-17
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