HomeMy WebLinkAbout990856.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-523
APPLICANT: Don Carlisle c> j b
ADDRESS: 500 1st Ave. Greeley, CO 80631
PLANNER: Ben Patton n
REQUEST: Change of Zone from C-1 to C-3 for one parcel ct>
LEGAL DESCRIPTION: Tract"B" of AM RE-140; Pt. Lot 5 of the SE 1/4 NE 1/4 of Section 5,
Township 5 North, Range 65 West; and Lot 3 of the SW 1/4 NW 1/4 of
Section 4, Township 5, Range 65
LOCATION: East of and adjacent to 1st Avenue, approx. 1/8 mile north of 5th St.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 21.4 of
the Weld County Zoning Ordinance, as amended.
2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning
Ordinance, as amended as follows:
A. Section 21.5.1.1 -That the proposal is consistent with the Weld County Comprehensive
Plan.
1. A.Goal 1 stated "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 21.5.1.2 -The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses.;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 the granting of this change of zone will have a minimal impact on the
surrounding land uses.
C. Section 21.5.1.3 -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 21.5.1.4 -Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. 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 21.5.1.5- In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
(=.1 EXHIBIT
CNC43.-e-bOaa # 3
RESOLUTION, Z-523
Don Carlisle
Page 2
1. Section 21.5.1.5.2 -The proposed rezoning does not contain the use of any area
know 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 21.5.1.3- 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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from C-1 (Neighborhood Commercial) to C-3 is conditional upon the following:
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:
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 cost 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.
RESOLUTION, Z-523
Don Carlisle
Page 3
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 or 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.
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 zones, as described
in Section 33 of the Weld County Zoning Ordinance. Those listed as uses by right in the
I-1 (Light Industrial)Zone 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 (Ordinance 89, as
amended), the required setback is measured from the right-of-way line.
Motion seconded by Cristie Nicklas.
VOTE:
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Jack Epple
Bruce Fitzgerald
Bryant Gimlin
The Vice-Chairman declared the resolution passed and ordered that a certified copy be forwarded with the
file of this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Jennifer Mehring, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on April 20, 1999.
Dated the 20th of April, 1999.
bbn I 1/7 016,1—
Jennifer Me g
Secretary
Hello