HomeMy WebLinkAbout20133149.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ13-0003, FROM R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT TO A (AGRICULTURAL) ZONE DISTRICT - INEZ
GUTIERREZ
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 13th day of Novmeber, 2013, at 10:00
a.m., in the Chambers of the Board for the purpose of hearing the application of Inez Gutierrez,
401 N. 21st Avenue, Greeley, CO 80631, requesting a Change of Zone from the R-1 (Low -
Density Residential) Zone District to the A (Agricultural) Zone District for a parcel of land located
on the following described real estate, to -wit:
Lot 2 of Subdivision Exemption, SE -1150; being
part of the SE1/4 SE1/4 of Section 36, Township 6
North, Range 66 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 27-6-120.D.5.a -- The proposal is consistent with any
Intergovernmental Agreement in effect influencing the Planned Unit
Development, and Chapters 19, 22, 23, 24, and 26 of the Weld County
Code.
B. Section 27-6-120.D.5.b -- The uses which will be allowed on the subject
property will conform to the Performance Standards outlined in
Chapter 27, Article II, of the Weld County Code.
C. Section 27-6-120.D.5.c -- The uses which will be permitted will be
compatible with the existing or future development of the surrounding
area as permitted by the existing Zone District and with the future
development as projected by Chapter 22 of the Weld County Code or
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CHANGE OF ZONE (COZ13-0003) - INEZ GUTIERREZ
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master plans of affected municipalities.
Section 27-6-120.D.5.d -- There is evidence that adequate public water
and sewer will be made available to the site to serve the uses permitted
within the proposed Planned Unit Development in compliance with the
Performance Standards in Chapter 27, Article II, of the Weld County
Code.
E. Section 27-6-120.D.5.e -- Street or highway facilities providing access to
the property are adequate in functional classification, width and structural
capacity to meet the traffic requirements of the uses in the proposed Zone
District.
F. Section 27-6-120.D.5.f -- In the event the street or highway facilities are
not adequate, the applicant will supply information which demonstrates
the willingness and financial capacity to upgrade the street or highway
facilities in conformance with the Transportation Section of Chapters 22,
24, and 26, if applicable. This shall be shown by submitting, with the
Planned Unit Development Zone District application, a separate proposal
for on -site and off -site road improvements. This proposal shall describe,
in detail, the type of on -site improvements in compliance with Section 24-
9-10 and off -site road improvements in compliance with Section 24-9-20,
to determine if the requirement for street or highway facilities providing
access to the property has been satisfied. The method of guarantee shall
conform with the County's policy regarding collateral for improvements.
G. Section 27-6-120.D.5.g -- There has been compliance with the applicable
requirement contained in Chapter 23 regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site.
H. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District uses and the Specific or Conceptual Development Guide.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Inez Gutierrez for a Change of Zone,
COZ13-0003, from the R-1 (Low -Density Residential) 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:
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 plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ13-0003.
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2) The plat shall adhere to Section 23-2-50.C and D of the Weld
County Code.
3) All approved accesses shall be delineated on the plat.
4) North West "C" Street is designated on the Weld County Road
Classification Plan as a local paved roadway, which requires 60
feet of right-of-way at full buildout. The applicant shall verify the
existing 60 feet of 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.
If the existing right-of-way cannot be verified, it shall be dedicated.
This road is maintained by Weld County.
5) The applicant shall specifically indicate on the plat the type of
right-of-way/easement and indicate whether it is dedicated,
private, or deeded.
6) Show and label the floodplain and floodway (if applicable)
boundaries on the plat. Label the floodplain boundaries with the
Floodplain Study information, Army Corps of Engineers 2003
Poudre River Floodplain Study.
B. 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 of the state and federal agencies and the Weld County
Code.
3) The Board of County Commissioners approved a waiver of the
minimum lot size in an A (Agricultural) Zone District, as specified
in Sec. 23-3-50.A.2, on November 13, 2013.
4) Any future structures or uses on the site must obtain the
appropriate Zoning and Building Permits.
5) Screening and/or buffering from adjacent uses may be required at
time of Use by Special Review.
6) 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.
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7) The historical flow patterns and runoff amounts will be maintained
on the site.
8) 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.
9) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO
FLOODPLAIN OR FLOODWAY DESIGNATION. The applicant
shall be advised that owners of the property may not be able to
obtain building permits to construct structures or store materials
outside. All construction or improvements occurring in the
floodplain, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #080266-1528E,
dated June 10, 2005, shall comply with all applicable FEMA
regulations and requirements as described in 44 CFR parts 59,
60, and 65.
10) Flood Hazard Development Permits are required for development
activities located within the FEMA mapped Poudre River
Floodplain. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of
equipment and materials.
11) FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain
boundaries have been modified.
12) Prior to the start of any development activities, the owner should
contact the City of Greeley to determine what, if any, additional
upgrades are required to the water infrastructure in North West
"C" Street.
13) Water service may be obtained from the City of Greeley.
14) This property is in rural Weld County and is not served by a
municipal sanitary sewer system. Sewage disposal for future
structures 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.
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15) Language for the preservation, and/or protection of the absorption
field, shall be placed on the plat. The note shall state that activities
such as permanent landscaping, structures, dirt mounds or other
items are expressly prohibited in the absorption field site.
16) 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 (2) complete sets of plans are required when
applying for each permit.
17) Each new building will require an engineered foundation based on
a Site -Specific Geotechnical report, or an Open Hole Inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
18) Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently,
the following have been adopted by Weld County: 2012
International Building Code, 2012 International Mechanical Code,
2012 International Plumbing Code, 2006 International Energy
Code, 2012 International Fuel Gas Code, 2011 National Electrical
Code, 2003 ANSI 117.1 Accessibility Code, and Chapter 29 of the
Weld County Code.
19) Building permits issued on the property will be required to adhere
to the fee structure of the County -Wide Road Impact Fee
Program.
20) 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.
21) 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 stated herein and
all applicable Weld County regulations.
22) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on
the plat and recognized at all times.
2. 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
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Weld County Clerk to the Board
CHANGE OF ZONE (COZ13-0003) - INEZ GUTIERREZ
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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.
3. On November 13, 2013, the Board of County Commissioners approved a waiver
of the minimum lot size as specified in Sec. 23-3-50.2
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of November, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
unty Attorney
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