HomeMy WebLinkAbout20241351.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ24-0003, FROM THE R-1 (LOW DENSITY
RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT -
SHAWN AND BUFFI ELLIOTT
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 5th day of June, 2024, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Shawn and Buffi Elliott,
1308 East 20th Street, Greeley, Colorado 80631, requesting a Change of Zone, COZ24-0003,
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:
W1/2 of Lot 3; being part of the NW1/4 NW1/4 of
Section 15, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado, according to the
Subdivision of Lands by the Union Colony of
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:
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2 1. The applicant has complied with all the application requirements listed in
o Section 23-2-50 of the Weld County Code.
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13a 2. The applicant has demonstrated that the request is in conformance with
Section 23-2-40.6 of the Weld County Code as follows:
42 A. Section 23-2-40.B.1 — That the proposal is consistent with Chapter 22
r-,4,,,4 [Comprehensive Plan] of the Weld County Code.
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LL 1) Section 22-2-30.C states: "Harmonize development with
surrounding land uses."The property has existing agricultural uses
::-tucW (horse arena, horses, and support buildings). The subject lot is
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also larger and more able to support agricultural uses than smaller
-.41. lots in the area. "Transition between land use types and intensities
v tiC with buffers. Uses that are incompatible with existing uses must be
mm ai...- able to mitigate conflicts." There are similar uses in the area.
fit a"2 Single family residences on properties, similar in size (with
Nigipasture/crop areas), are located to the east. A parcel between
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CHANGE OF ZONE (COZ24-0003) - SHAWN AND BUFFI ELLIOTT
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six (6) and seven (7) acres with pasture area is located
immediately to the west of the subject property.
2) Section 22-4-10.C.1, being the Comprehensive Plan Map section,
refers to development requiring rezoning generally being
discouraged in the following locations: Within one -quarter mile of
any municipality. The nearest existing properties in Greeley city
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. There are similar agricultural related uses in the
area. Single-family residences on properties approximately five (5) acres
in size (with pasture/crop areas) are located to the west. A five (5) -acre
parcel that was recently rezoned to A (Agricultural) is located to the south.
The applicant provided a letter of support from the principal of Bella
Romero Academy, and two (2) adjacent property owners to the west
(1224 East 20th Street and 2045 Cherry Avenue) provided letters of
support along with a phone call expressing support. Additionally, a letter of
support was provided from Girl Scout Troop 76000.
Department of Planning Services staff mailed notice to 30 surrounding
property owners (SPOs). Two (2) letters of opposition were received from
one (1) property owner within 250 feet to the northeast. The property owner
objected to smells on the property and stated this location has developed
into a strong residential area with a school nearby. The property owner
objected to rezoning to A (Agricultural) and is opposed to "spot zoning" in
this area.
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 has existing City of Greeley water service (account
number #062-769797-01) and an existing On -site Wastewater Treatment
System (permitted under #SE -0400115).
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 Zone District.
E. Section 23-2-40.6.5 — 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
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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. The property is located within
the Greeley -Weld Airport Overlay District and the MS4 (Municipal
Separate Storm Sewer System) overlay district. No referral
comments were received from the Greeley -Weld Airport Overlay
District. There are no MS4 requirements for this Change of Zone.
The property is located in a Historic Townsites Overlay District as it
is portion of the Union Colony Subdivision. The property is located
in no other overlay district.
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 present or future extraction of commercial mineral deposits. The
property is only five (5) acres in size and is already covered by a
single-family residence and agricultural outbuildings, 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 property is developed in that it
already contains a single-family residence permitted in 2004, and a
private arena building permitted in 2020. No future buildings are
proposed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Shawn and Buffi Elliott for a Change of Zone,
COZ24-0003, 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 Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled COZ24-0003.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
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B. The following notes shall be delineated on the Change of Zone plat:
CHANGE OF ZONE (COZ24-0003) - SHAWN AND BUFFI ELLIOTT
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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) East 20th Street 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) 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.
6) The applicant shall show and label the existing permitted access
point onto East 20th Street and the usage type (Residential). Label
any other unpermitted access points as "Close and Reclaim."
2
x 1) Change of Zone, COZ24-0003, allows for A (Agricultural) Zone
-. District uses, which shall comply with the requirements set forth in
-■"-E. Chapter 23, Article III, Division 4 of the Weld County Code.
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O - @� 2) Any future structures or uses onsite must obtain the appropriate
m m _ - Zoning and Building Permits.
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o 3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
tea" 4) The property owner or operator shall be responsible for controlling
a m t noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
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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) Water service may be obtained from the City of Greeley.
9) The parcel is 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.
10) 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.
11) 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.
12) 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.
13) 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
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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.
14) 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.
15) 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.
2. Upon completion of Condition of Approval #1 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.
3. 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.
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4. 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.
5. 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 5th day of June, A.D., 2024.
BOARD OF C Y MISSIONERS
WELD NTY, COLORAD
ATTEST: G( jelto;ok ��- O
Kevin D. Ross, Chair
Weld County Clerk to the Board
B >� 1,O0t-
Deputy Clerk to the Board
AP
County A ney
Date of signature:
EXCUSED
Perry L. Buck, Pro-Tem
■..� Mike Freeman
ott K. James
ri Saine
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