HomeMy WebLinkAbout20060185.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#1104 FROM R-1 (LOW DENSITY RESIDENTIAL)ZONE
DISTRICT TO A(AGRICULTURAL) ZONE DISTRICT- JAY AND SHERRIE WOODS
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 1st day of February, 2006, at 10:00 a.m. for
the purpose of hearing the application of Jay and Sherrie Woods, 2040 Fairway Lane, Greeley,
Colorado 80634, requesting Change of Zone, CZ#1104, 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:
Part of the SW1/4 SE1/4 of Section 36, Township 6
North, Range 66 West of the 6th P.M.,Weld County,
Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
February 15, 2006, at 10:00 a.m., to allow additional time for Planning Services staff to post a
notification sign on the subject property, and
WHEREAS, on February 15, 2006, 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.B.1 -The proposal is consistent with Chapter 22 of the Weld
County Code. Chapter 22 of the Weld County Code provides overarching
principles designed to achieve coordinated and harmonious development
within the County. The proposed Change of Zone represents a
"down-zoning," or a change from an R-1 (Low Density Residential) Zone
District, that can be characterized as more intense, to an A (Agricultural)
Zone District,that is considered less intense. As such,Comprehensive Plan
goals such as, conservation of agricultural lands (A.Goal 1), and
concentrating urban development in existing municipalities(UGB.Goal 2),are
satisfied. The potential for limited commercial uses,which can be allowed
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CHANGE OF ZONE (CZ#1104) - JAY AND SHERRIE WOODS
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within the A(Agricultural)Zone District,is supported by the Comprehensive
Plan as well (A.Policy 1.3). All other sections of Chapter 22 of the Weld
County Code are also satisfied. The proposal for a Change in Zone is not
being made in response to faulty zoning or changing conditions within the
area.
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. An A (Agricultural) Zone District, as proposed by this application,
would allow a variety of uses allowed by right or through a Use by Special
Review Permit. The owner has indicated an intention to apply for a Use by
Special Review Permit fora Commercial Landscaping Business to address
an active zoning violation, VI-0400132. The range of potential uses is
compatible with the existing neighboring uses, which includes large-lot,
single-family residential, vacant land, and an active gravel mine. The
property to the northwest is zoned A (Agricultural), the property to the
northeast is zoned 1-3 (Industrial), and to the east, west and south the
properties are zoned R-1 (Residential).
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 site currently consists of a single-family residence which is
serviced by Greeley Water and an Individual Sewage Disposal System
(I.S.D.S). As reported by the Department of Public Health and Environment,
the I.S.D.S is undocumented, potentially due to its age. If the property is
subsequently reviewed for a Use by Special Review, the I.S.D.S must be
reviewed prior to issuance of any septic or building permits for commercial
use.
d. Section 23-2-40-6.4 - Street or highway facilities providing access to the
property shall be adequate in size to meet the requirements of the proposed
Zone District. The three roads that converge at the northeast corner of the
property are West F Street, North 25th Avenue, and C Street Northwest.
West F Street and C Street Northwest are classified by the County as local
paved roads, requiring 60 feet of right-of-way. North 25th Avenue, the
centerline of which is approximately collinear with the east boundary line of
this property,requires 60 feet of right-of-way. Any undedicated right-of-way
will be dedicated as a Condition of Approval.
e. Section 23-2-40.B.5 - That, in those instances where the following
characteristics are applicable to the zoning request, the applicant has
demonstrated compliance with the applicable standars:
1) Section 23-2-40-8.5.a-The property does not lie within any Overlay
District. Effective January 1, 2003, building permits issued on the
proposed lot shall be required to adhere to the fee structure of the
County-Wide Road Impact Program. Effective August 1, 2005,
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building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and
the Stormwater/Drainage Impact Fee.
2) Section 23-2-40-B.5.b-The rezoning will not permit the use of any
area, known to contain a commercial mineral deposit, in a manner
which would interfere with the present or future extraction of such
deposit by an extractor, to any great extent other than the present
zoning of the property. As a down-zoning, mineral rights remain as,
or more, accessible than under the current Residential Zoning.
Notice has been provided to the mineral rights owners of this land
use application.
3) Section 23-2-40-B.5.c - If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures,or facilities proposed for the site,such limitations shall be
overcome, and the limitations will be addressed by the applicant
and/or the applicant's successors, or assigns prior to the
development of the property. Existing structures on the site have had
no history of settling problems, and any additional development on
the site would require additional soil testing.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Jay and Sherrie Woods for Change of Zone, CZ#1104,
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. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within 60 days of approval by the Board of County
Commissioners. Prior to recording,two draft copies of the Change of Zone plat map
must be submitted to The Department of Planning Services for review. The plat
map shall adhere to the formatting requirements of Section 23-2-50-D of the Weld
County Code.
2. Upon recordation of the Change of Zone plat, the applicant shall submit an
application fora Use by Special Review within 30 days,requesting consideration for
the operation of the Commercial Retail Landscaping Business currently in operation
on the site as a zoning violation.
3. Prior to recording the Change of Zone plat,the following changes shall be made to
the plat map:
A. All sheets of the plat map shall be labeled CZ-1104.
B. The Right to Farm Statement, found in Appendix 22-E of the Weld County
Code, shall be added to the plat map.
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C. The following notes shall be added to the plat map:
1) All liquid and solid wastes, as defined in the Solid Wastes Disposal
Sites and Facilities Act,Section 30-20-100.5,C.R.S.,shall be stored
and removed for final disposal in a manner that protects against
surface and groundwater contamination.
2) No permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the
definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, Section 30-20-100.5, C.R.S.
3) Waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust,blowing debris,and other potential
nuisance conditions.
4) Fugitive dust shall be controlled on this site.
5) West F Street, adjacent to this property, is designated on the Weld
County Road Classification Plan as a local paved road, requiring 60
feet of right-of-way.
6) C Street Northwest, adjacent to this property, is designated on the
Weld County Road Classification Plan as a local paved road,
requiring 60 feet of right-of-way.
7) North 25th Avenue,the centerline of which is approximately collinear
with the east boundary line of this property, is considered a local
paved road, requiring 60 feet of right-of-way.
8) Effective January 1, 2003, building permits issued on the proposed
lot will be required to adhere to the fee structure of the County-Wide
Road Impact Program.
9) Effective August 1,2005,building permits issued on the proposed lot
will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
4. The applicant shall provide a digital copy of the final Change of Zone plat.
Acceptable CAD formats are.dwg,.dxf,and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages,and Arclnfo Export
files (format type .e00). The preferred format for Images is .tif(Group 4).
(Group 6 is not acceptable.)
5. Any undocumented I.S.D.S must comply with the Weld County Code. The
applicant shall contact the Weld County Department of Public Health and
Environment to update existing septic permits.
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6. West F Street, North 26th Avenue,and C Street Northwest, each consist of
60 feet of right-of-way. The applicant shall work with Weld County to
dedicate any additional right-of-way, as needed, to complete the 60-foot
right-of-way.
7. The applicant shall provide the Department of Public Works with a written
justifying the need for a second access to the small parcel.
8. Effective January 1,2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
9. Effective August 1,2005,building permits issued on the proposed lots will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by the
following vote on the 15th day of February, A.D., 2006.
BOARD O COUNTY COMMISSIONERS
�� '► zsa WELD C NTY, COLORADO
ATTEST: km, 4C1, L?.1.4
M. J. Geile, Chair
Weld County Clerk to th= ` J
`��/ \*' EXCUSED
BY:
L til b" l <1 ���� •,•'�'�� David E. Long, Pro-Tem
De uty Clerk to the B. .rd 1--. — i 1/7-i, ,
Wi iam H. Jerke
APPROVED AST (� Vu
i" Robert D. asden
ounty A orney
,' -,,,,+I g.4�,
Glenn Vaad
•
Date of signature: 31 I I°I°
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