HomeMy WebLinkAbout991304.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE FROM C-1 ZONE DISTRICT TO C-3 ZONE DISTRICT -
DON CARLISLE
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 2nd day of June, 1999, at 10:00 a.m. for
the purpose of hearing the application of Don Carlisle, 500 1st Avenue, Greeley, Colorado
80631, requesting a Change of Zone from C-1 Zone District to C-3 Zone District for a parcel of
land located on the following described real estate, to-wit:
Tract B of Amended Recorded Exemption #140
being a portion of Lot 5 of the SE1/4 of the NE1/4
of Section 5, Township 5 North, Range 65; and Lot
3 of the SW1/4 of the NW1/4 of Section 4,
Township 5 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS„ the applicant was present at said hearing, and
WHEREAS,. Section 21.6.2 of the Weld County Zoning Ordinance 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 21.7 et seq., of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 21.6 of the Weld County Zoning
Ordinance as follows:
A. Section 21.6.2.1 - A.Goal 1 states "Preserve prime farmland for
agricultural purposes which fosters economic health and continuance of
agriculture." No prime farm ground is being taken out of production
through this application.
B. Section 21.6.2.2 - Surrounding properties include land zoned 1-3
(Industrial) to the north, east, and south, and the City of Greeley
boundary lies to the immediate west. The Department of Planning
Services believes that granting this Change of Zone will have a minimal
impact on the surrounding land uses.
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C. Section 21.6.2.3 - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. Domestic water and water for fire protection shall be provided by
the North Weld County Water District. The site is currently operating with
an ISDS septic system through Weld County.
D. Section 21.6.2.4 Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone district. Existing access to the site currently exists from 1st Avenue.
This access is regulated by the Colorado Department of Transportation,
which had no conflict with the proposed Zone Change.
E. Section 21.6.2.5 - The following characteristics are applicable to the
Change of Zone request, and the applicant has demonstrated compliance
with the applicable standards:
1. Section 21.6.2.5.2 - The proposed Change of Zone does not
contain 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 extraction to any greater
extent than under the present zoning of the property.
2. Section 21.6.2.5.3 - Soil conditions on the site are not such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Don Carlisle for Change of Zone #523 from C-1
Zone District to C-3 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 30 days of approval by the Board of County
Commissioners.
2. The following notes shall be placed on the Change of Zone Plat:
A. All construction or improvements occurring in the flood plain as
delineated on FEMA Community Panel Map #080266 0628 C, dated
September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Section 26 of the Weld County Zoning Ordinance.
B As described in Section 74 of the Weld County Zoning Ordinance, the
statue structure located on the site is considered a Non-Conforming
structure by Weld County. The Non-Conforming structure must stay in
compliance with Weld County policy as follows:
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74 Non-Conforming Structures. Where a lawful structure exists at
the effective date of adoption or amendment of this Ordinance
that could not be built under the terms of this Ordinance by reason
of restrictions on area, lot coverage, height, its location on the lot,
or other requirements concerning the structure, such structure
may continue to exist so long as it remains otherwise lawful,
subject to the following provisions:
74.1 Repair and Restoration. Should such non-conforming structure or
non-conforming portion of a structure be destroyed by any means
to an extent more than fifty percent (50%) of its replacement cosi.
at time of destruction, it shall not be restored except in
conformance with the provisions of this Ordinance. Ordinary
repairs the value of which do not exceed fifty percent (50%) of
replacement cost of the structure may be permitted.
74.2 Expansion or enlargement. No such non-conforming structure or
non-conforming portion of a structure may be expanded, enlarged
or altered in a way which increases its non-conformity, except that
those structure(s) that are non-conforming by reason of non-
compliance with existing setback requirements may be expanded
or enlarged so long as such expansion or enlargement does not
further diminish the non-conforming setback. No expansion or
enlargement of structure(s) shall be allowed within an existing
right-of-way.
74.3 Substitution of Structures. Should such non-conforming structure
be moved for any reason, for any distance whatever, it shall
thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
74.4 Existing Building Permits. To avoid undue hardship, nothing in
this Ordinance shall be deemed to require a change in the plans
or construction of any structure on which actual construction was
lawfully begun prior to the effective date of adoption or
amendment of this Ordinance and upon which actual construction
has been carried on diligently. Actual construction is hereby
defined to include the placing of construction materials in
permanent position and fastened in a permanent manner. Where
excavation or demolition or removal of an existing structure has
begun preparatory to construction, such excavation, demolition o-
removal shall be deemed to be actual construction provided a
building permit for the new structure has been issued and the
preparatory work is carried on diligently.
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C. The uses allowed "by right" through this Change of Zone application will
include those listed as Uses by Right and Accessory Uses in the C-1, C-
2, and C-3 Zone Districts, as described in Section 33 of the Weld County
Zoning Ordinance. Those listed as Uses by Right in the I-1 (Light
Industrial) Zone District are allowed through the Use by Special Review
process.
D. All proposed or existing structures shall meet the minimum setback and
offset requirements for the zone district in which the property is located.
Pursuant to the definition of setback in the Weld County Zoning
Ordinance, the required setback is measured from the right-of-way line.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of June, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
\VELJ COUNTY CO ORADO
ATTEST: Lill
Dale K. Hall, Chair
Weld County Clerk to th_toa
J ISGI Q) ,XCUSED DATE OF SIGNING (AYE1
v'
arbar J. Kirkmeyer, Pro-Tem
r
BY: � (1-,
Deputy Clerk to the Boa : ccill
�
George xter
APP OV' r ' S TO FORM: _
. J. eile
o y Attorney .,,,,, / _
Glenn Vaad - -
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