HomeMy WebLinkAbout20241224.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ24-0001, FROM THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT -
MOORE REAL PROPERTY, LLC
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 22nd day of May, 2024, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Moore Real Property,
LLC, 501 East 27th Street, Space #43, Greeley, Colorado 80631, requesting a Change of Zone,
COZ24-0001, 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: Lots 1 and 2 of
Resubdivision, RES21-0008; being part of Lot 4 in the SW1/4 SW1/4 of Section 10, Township 5
North, Range 65 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 applicant has demonstrated that 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
[Comprehensive Plan] of the Weld County Code.
1) Section 22-2-30.C.1 — Land Use Goals and Objectives, states:
"Harmonize development with surrounding land uses. Transition
between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts."
There is a mix of residential and agricultural uses in the area. Horse
stables and horses are located on the property 230 feet to the
south, single-family residences on properties with outbuildings and
larger parcels ranging from one and one-half to three (1.5 to 3)
acres in size are located immediately to the west and north.
2) Section 22-4-10.C.1 — Comprehensive Plan Map, states:
"Development requiring rezoning is generally discouraged within
one -quarter mile of any municipality." A portion of the property is
located approximately 1,380 feet from the Municipal Boundaries of
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Carly Koppes, Clerk and Recorder, Weld County , CO 2024-1224
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CHANGE OF ZONE (COZ24-0001) - MOORE REAL PROPERTY, LLC
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the City of Greeley. The nearest existing properties in Greeley limits
are more than one -quarter (1/4) mile from this property.
B. Section 23-2-40.B.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 Department of Planning Services notified 34
surrounding property owners (SPOs), by mail, of the request. One (1) letter
of objection was received from a property owner located further to the
southeast. The letter stated the property owner bought the property
because he wanted R-1 zoning and the area has developed into a strong
residential area. He also objected to "spot zoning" in this area.
There is a mix of residential and agricultural uses all located within the
R-1 (Low -Density Residential) Zone District in the area. There are horse
stables on the property located 230 feet to the south, single-family
residences with outbuildings and larger parcels, ranging from one and
one-half to three (1.5 to 3) acres in size, are located immediately to the
northwest. Further to the south along Cherry Avenue there are single-family
residences on properties approximately five (5) acres in size, with
pasture/crop areas.
C. Section 23-2-40.B.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 proposed to be served by City of Greeley water and
an On -site Wastewater Treatment System. The City of Greeley, in the
referral dated February 5, 2024, stated prior to any development, including
single-family residential, waterline application, CD2022-0011, must be
resubmitted and approved. A septic system has been applied for under
SP -2100345 for a single-family residence on Lot 1 and is still in process.
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 districts. Cherry Avenue is a paved road and is considered adequate
in functional classification, structural capacity, and width for the potential
traffic associated with the proposed zoned district.
E. Section 23-2-40.B.5.a — In those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards:
1) Section 23-2-40.B.5.a — If the proposed Change of Zone is located
within any Overlay District identified by maps officially adopted by
the County, that the applicant has demonstrated compliance with
the County regulations concerning Overlay Districts. Compliance
may be demonstrated in a previous public hearing or in the hearing
concerning the rezoning application. No referral response was
received from the Greeley -Weld Airport Authority regarding the
application. The property is not located within a Geologic Hazard
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Overlay District, Agricultural Heritage Overlay District, or a Special
Flood Hazard Area. The Greeley -Weld Airport did not provide a
referral response. The property is located in the MS4 boundary. No
MS4 requirements apply to this Change of Zone.
2) Section 23-2-40.B.5.b — The proposed 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 greater extent than under
the present zoning of the property. Rezoning the property to the
A (Agricultural) Zone District will not interfere with the with the
present or future extraction of commercial mineral deposits. The
properties are one (1) and two (2) acres in size, which greatly limits
the ability for mineral extraction.
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, that such limitations can
be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns prior to the
development of the property. The applicants provided a
Geotechnical Report, in 2021, for the construction of a proposed
residence. The report indicated the site appeared to be suitable for
residential construction, provided the criteria and recommendations
of the report are followed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Moore Real Property, LLC, for a Change of Zone,
COZ24-0001, 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 negotiate, in good faith, the requirements of the City of
Greeley, as stated in the referral response, dated February 5, 2024. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
B. There is a partially collapsed structure on Lot 1 of RES21-0008. Evidence
that appropriate demolition permits have been applied for, the structure has
been removed, and the site has been inspected and deemed safe, shall be
provided to the Department of Planning Services.
C. There are multiple vehicles located on Lot 1 of RES21-0008. There is not
currently a principal use associated with this property. Vehicle parking is
delineated as an accessory use to a principal use, in both the R-1 (Low
Density Residential) and A (Agricultural) Zone Districts. There is no
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Carly Koppel, Clerk and Recorder, Weld County , CO
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evidence of a principal use associated with these properties. The Building
Permit associated with the property (a 2,000 square -foot single-family
dwelling), applied for under RSN22-0017, has expired. The applicant shall
address this as follows:
1) Remove any commercial vehicles parked onsite and any vehicles
not owned by the property owner.
2) For any on -site noncommercial vehicles owned by the property
owner:
a. Remove all existing vehicles.
OR
b. Provide evidence that a Building Permit for an allowed use
has been applied for, as delineated in Section 23-3-110 of
the Weld County Code.
D. There are vehicles located on Lot 2 of RES21-0008. There is not currently
a principal use associated with this property. Vehicle parking is delineated
as an accessory use to a principal use, in both the R-1 (Low Density
Residential) and A (Agricultural) Zone Districts. There is no evidence of a
principal use associated with this property. The applicant shall address this
as follows:
1) Remove any commercial vehicles parked onsite and any vehicles
not owned by the property owner.
2) For any on -site noncommercial vehicles owned by the property
owner:
a. Remove all existing vehicles.
OR
b. Provide evidence that a Building Permit for an allowed use
has been applied for, as delineated in Section 23-3-110 of
the Weld County Code.
E. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled COZ24-0001.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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3) All recorded easements and rights -of -way shall be delineated on
the plat by book and page number or Reception number.
4) Cherry Avenue is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing
right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road on the plat. If the
existing right-of-way cannot be verified it shall be dedicated. The
applicant shall also delineate the physical location of the roadway.
Pursuant to the definition of setback in the Weld County Code
Section 23-1-90, the required setback is measured from the future
right-of-way line. This road is maintained by Weld County.
5) The applicant shall show and label the existing permitted access
point onto Cherry Avenue and include the usage type (Residential).
F. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ24-0001, allows for A (Agricultural) Zone
District uses, which shall comply with the requirements set forth in
Chapter 23, Article III, Division 1 of the Weld County Code.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
4) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
5) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
6) The historical flow patterns and runoff amounts will be maintained
on the site.
7) This site is located in the MS4 area and is subject to the regulations
of the State -issued MS4 Permit.
8) Once the permanent control measure has passed final inspection
by the Department of Public Works, the site shall be routinely
inspected, at a frequency determined by Public Works, usually on
an annual basis, unless otherwise noted, for the life of the control
measure. Inspections occur to ensure the permanent control
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Carly Koppes, Clerk and Recorder, Weld County , CO
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measure remains fully operational and is being adequately
maintained, according to the site's Operation and Maintenance
Plan. Upon sale of the property, the responsibility of maintaining
permanent control measures shall be transferred to the new owner.
9) Water service may be obtained from the City of Greeley.
10) Lots 1 and 2 are currently not served by a municipal sanitary sewer
system. Sewage disposal may be by an On -site Wastewater
Treatment System (OWTS), 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.
11) Activity or use on the surface of the ground over any part of the
OWTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
12) Building Permits may be required for any new construction, set up
of manufactured structures, or change of use of existing buildings,
per Section 29-3-10 of the Weld County Code. 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: 2018 International Codes,
2018 International Energy Conservation Code, and 2020 National
Electrical Code, and Chapter 29 of the Weld County Code.
A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for
review. A Geotechnical Engineering Report, performed by a
Colorado registered engineer, or an Open Hole Inspection shall be
required. A Building Permit must be issued prior to the start of
construction.
13) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
14) 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 and Development
Standards stated herein and all applicable Weld County
regulations.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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15) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits
are essential to the State's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
16) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code, shall be placed on
the map and recognized at all times.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the plat 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 Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-50.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within 120 days from
the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee.
4. If a plat has not been recorded within 120 days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and
present evidence substantiating that the COZ has not been abandoned and that
the applicant possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the COZ cannot be
met, the Board may, after a public hearing, revoke the COZ.
5. In accordance with Appendix 5-J of the Weld County Code, should the Change of
Zone plat not be recorded within the specified timeline from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance fee shall be
added for each additional three (3) month period.
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Carly Koppes, Clerk and Recorder, Weld County , CO
2024-1224
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CHANGE OF ZONE (COZ24-0001) - MOORE REAL PROPERTY, LLC
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6. Any approved amendments to the Official Zoning Map shall be effective
immediately upon approval by the Board of County Commissioners unless
otherwise specified by the approving resolution of the Board of County
Commissioners. However, no Building Permit shall be issued, and no use shall
commence on the property, until the plat is recorded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY.�L nRonn
ATTEST:
Weld County Clerk to the Board
BY: J Y t• IJcu t 1 Ut
Deputy Clerk to the Board
APED AS
Count torney
Date of signature: 11117,4
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Carly Koopes, Clerk and Recorder, Weld County , CO
kica l,'Irl h�klk4l��'�WM Hi IOC �� II
Kevin % ' oss, Chair
P
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Mike F eeman
K. James
25-1,4.0„.
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2024-1224
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