HomeMy WebLinkAbout20090303.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE #1149 FROM C-1 (COMMERCIAL) AND E (ESTATE) ZONE
DISTRICTS TO THE A (AGRICULTURAL) ZONE DISTRICT - CHARLES AND ALICE
GREENMAN
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 11th day of February, 2009, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Charles and Alice
Greenman, 13518 County Road 1, Longmont, Colorado 80504, requesting a Change of Zone from
the C-1 (Commercial) and E (Estate) Zone Districts to the A (Agricultural) Zone District for a parcel
of land located on the following described real estate, to -wit:
Part of the SW 1/4 NW 1/4 of Section 30, Township 3
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicants were present at said hearing, 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 23-2-40.6 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. Section 22-2-60.D (A.Goal 4) states, "Conversion of
agricultural land to nonurban residential, commercial, and industrial uses will
be accommodated when the subject site is in an area that can support such
development. Such development shall attempt to be compatible with the
region." This site was approved for a Change of Zone (CZ -1026) by the
Board of County Commissioners on October 13, 2003, to change the zoning
from the R-1 (Residential) to the C-1 (Commercial) and E (Estate) Zone
Districts. On August 9, 2005, the property was approved for a Site Plan
Review (SPR-384) for an antique business with warehouse for antique
furniture and personal storage. The applicant is now requesting to change
the zoning back to the A (Agricultural) Zone District. The proposed change
in zoning represents a down -zoning from the Commercial and Estate zoning
that may be characterized as more intense compared to the A (Agricultural)
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CHANGE OF ZONE (CZ #1149) - CHARLES AND ALICE GREENMAN
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Zone District. On September 10, 2008, twenty-five properties also located
within Section 30 were approved for a Change of Zone from R-1
(Residential) to A (Agricultural) through CZ -1146. The request to change
the zoning back to A (Agricultural) is compatible with the land uses in the
region.
b. Section 23-2-40.6.2 - The uses which will be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding land
uses. The surrounding property to the south and north is zoned
A (Agricultural). The property to the east is zoned R-1 (Residential). The
property to the west is in Boulder County and is currently utilized as
residential and agricultural. The property is located within an
Intergovernmental Agreement area with the City of Longmont, which is
located directly to the southeast of the site. The City of Longmont, in the
Notice of Inquiry, indicated it does not request that the property owners
submit an annexation request for the existing home, based upon the
furniture restoration business. The City of Longmont, in the referral dated
November 13, 2008, indicates that the City has plans for the enlargement
of Union Reservoir. These plans include property within the re -zoning
boundary which may be inundated if the reservoir is enlarged. Also, the City
requests that any new dwellings and/or businesses in this area be required
to connect to a public sanitary sewer system and not be allowed to install
septic systems. The property is also located with the three-mile referral area
for the Towns of Firestone and Mead. The municipal limits for the Town of
Firestone are located approximately three miles to the southeast, and the
Town of Mead limits are located approximately 2.5 miles east of the site.
The Town of Mead, in the referral dated November 13, 2008, indicates that
the site is outside of the Mead Planning Area and the Town has reviewed
the request and finds no conflicts with its interests. No comments were
received from the Town of Firestone.
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 property is currently served by the Longs Peak Water District
(tap #13518) and an Individual Sewage Disposal System (G19939120).
Prior to the release of building permits, the lot owner shall verify with the
nearest municipality or Sanitation District to determine the location of the
nearest sanitary sewer line. In accordance with the Weld County Code, if
a sewer line exists within four hundred (400) feet of the property line, and
the sewer provider is willing to serve the proposed structure, a septic permit
cannot be granted by the Weld County Department of Public Health and
Environment. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
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 Colorado Department of Transportation, in a referral
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CHANGE OF ZONE (CZ #1149) - CHARLES AND ALICE GREENMAN
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dated November 11, 2008, states it has reviewed the request and does not
have comment regarding the referral. The Department of Public Works, in
the referral dated November 10, 2008, states that County Road 1 is
classified as an arterial road, requiring 140 feet of right-of-way (70 feet from
centerline). All existing right-of-way, including the documents creating them
will be dedicated and delineated on the plat.
e. Section 23-2-40.B.5 - The applicant has demonstrated compliance with the
applicable standards:
1) Section 23-2-30.A.5.a - The proposed Change of Zone does not lie
within any overlay district other than the following:
a. Effective January 1, 2003, building permits issued on the lot
will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
b. Effective August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of
the Capital Expansion Impact Fee and the Stormwater/
Drainage Impact Fee Programs.
2) Section 23-2-30.A.5.b - The properties are too small to warrant
mining of any gravel or sand that that may be beneath the surface.
Research has shown that there are no mineral owners associated
with the property.
3) Section 23-2-30.A.5.c - Soil conditions on the site are not such that
they present moderate or severe limitations to the construction of
structures of facilities proposed for the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Charles and Alice Greenman for a Change of Zone from
the C-1 (Commercial) and E (Estate) Zone Districts 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 submit, to the Department of Planning Services, the plat
for USR-1681 to be recorded with this CZ -1149 plat.
B. The applicant shall submit a request to vacate SPR-384, in writing, to the
Department of Planning Services.
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CHANGE OF ZONE (CZ #1149) - CHARLES AND ALICE GREENMAN
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2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ -1149.
B. The plat shall adhere to Sections 23-2-50.C and D of the Weld County
Code.
C. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for A (Agricultural) Zone District uses 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 state and federal agencies and the Weld County Code.
3) The site shall maintain compliance at all times with the Design
Standards listed in Chapter 24, Article VII, of the Weld County Code,
if applicable.
4) Any future structures or uses on the site must obtain the appropriate
land use zoning and building permits.
5) 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.
6) 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.
7) New buildings shall conform to the requirements of the various
codes adopted at the time of permit application.
8) Effective January 1, 2003, building permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road
Impact Fee Program.
9) Effective August 1, 2005, building permits issued on the subject site
will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
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CHANGE OF ZONE (CZ #1149) - CHARLES AND ALICE GREENMAN
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10) A Weld County Septic Permit is required for any septic system and
shall be installed according to Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
11) Prior to the release of building permits, the lot owner shall verify with
the nearest municipality or Sanitation District to determine the
location of the nearest sanitary sewer line. In accordance with the
Weld County Code, if a sewer line exists within four hundred (400)
feet of the property line, and the sewer provider is willing to serve the
proposed structure, a septic permit cannot be granted by the Weld
County Department of Public Health and Environment. Evidence of
such shall be submitted, in writing, to the Weld County Department
of Planning Services.
12) Water service shall be obtained from the Longs Peak Water District.
13) The property owner shall allow any mineral owner the right of
ingress or egress for the purposes of exploration, development,
completion, recompletion, re-entry, production, and maintenance
operations associated with existing or future operations located on
these lands.
14) Weld County Government personnel shall be granted access onto
the property at any reasonable time in order to ensure the activities
carried out on the property comply with all applicable Weld County
regulations.
15) The historical flow patterns and runoff amounts will be maintained on
the site in such a manner that it will reasonably preserve the natural
character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm runoff.
16) Pursuant to Chapter 15, Articles I and II, of the Weld County Code,
if 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.
D. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 above, 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 the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty
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CHANGE OF ZONE (CZ #1149) - CHARLES AND ALICE GREENMAN
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(30) days from the date of the Board of County Commissioners Resolution. 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 #2005-7, approved June 1, 2005,
should the plat not be recorded within the required thirty (30) 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 11th day of February, A.D., 2009.
ATTEST:
Weld County Clerk to the Bo
BY:
OARD OF CsUNTY COMMISSIONERS
COLORADO
er, Pro-Tem
Dep— "_ i -
y Attorney
Date of signature.
e P. Conway
arbara Kirkmeyer
EL.
David E. Long
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