HomeMy WebLinkAbout20223039.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0007, FROM THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT AND C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT - DPR GREELEY, 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 9th day of November, 2022, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of DPR Greeley, LLC,
2030 35th Avenue, Suite A-1, Greeley, Colorado 80634, requesting a Change of Zone,
COZ22-0007, from the R-1 (Low -Density Residential) Zone District and the C-1 (Neighborhood
Commercial) Zone District to the A (Agricultural) Zone District for a parcel of land located on the
following described real estate, to -wit:
Lot 4; 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
WHEREAS, the applicants were represented by Robert Molloy, 980 Norway Maple,
Loveland, Colorado 80538, 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.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.
1) Section 22-2-30 — Land Use Goals and Objectives.
a. Section 22-2-30.C.1 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." Similar
uses are located in the area. Horse stables are located on
the property to the north and single-family residences, on
properties approximately five (5) acres in size (with
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Carly Kopp., Clark and Recorder, Wald County , CO
Cc:PL(-rP/MW/c6), CA(1 M),
APP{,., APPL.REP.
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pasture/crop areas), are located to the east. The property is
screened from the adjacent school, Bella Romero
Elementary, to the east, by existing mature vegetation.
2) Section 22-2-50 — Environmental Goals and Objectives.
a. Section 22-5-50.A.1 states: "Encourage responsible and
sustainable water usage. Connection to public water and
sewer services shall be taken into consideration for
development approval." The property has an existing water
tap from the City of Greeley. The City of Greeley has
indicated the existing tap can be used for commercial
purposes. Also, there is a commercial well, which was
approved by the Division of Water Resources under
Permit #3-24292-F. The Division of Water Resources, in
their referral response dated August 1, 2022, stated this well
would be required to be included in a plan for augmentation,
prior to being operated, for their decreed and permitted
uses, and the well must be in compliance with the South
Platte Measurement Rules before it can be operated. There
are two (2) existing septic systems on the property. One (1),
permitted under G- 19760269, is used for the house and the
other, permitted under G-19800170, is for up to four (4)
employees and is associated with the previously permitted
retail business.
3) Section 22-4-10 — Comprehensive Plan Map.
a. Section 22-4-10.C.1 states: "Development requiring
rezoning is generally discouraged in the following locations:
1. Within one -quarter mile of any municipality."
A portion of the property is located within 1/4 mile of the
Municipal Boundaries of the City of Greeley. However, the
area within 1/4 mile is not developable land, as it is a portion
of the right-of-way for Cherry Avenue that has been
annexed by the City of Greeley. The nearest existing
properties in Greeley limits are more than 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. Similar agricultural related uses are located in the
area. Horse stables are located on the property to the north and
single-family residences, on properties approximately five (5) acres in size
(with pasture/crop areas), are located to the east. The property is screened
from the adjacent school, Bella Romero Elementary, to the east, by existing
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Carly Koppel, Clerk and Recorder, Weld County , CO
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mature vegetation. The City of Greeley, in their referral dated July 27, 2022,
stated the property is located within Greeley's Long Range Expected
Growth Area (LREGA). Greeley anticipates annexation and urban
development to occur in the future. Greeley recommends that the City of
Greeley Standards regarding Nonresidential Development Standards be
followed and has outlined screening, storage, and landscaping standards
for non-residential (commercial) uses.
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 an existing water tap from the City of Greeley.
The City of Greeley has indicated the existing tap can be used for
Commercial purposes. In the future, if new/additional water and sewer
services are requested to serve the property, then annexation into the City
of Greeley will be required, prior to these services being provided. Also, a
commercial well was approved by the Division of Water Resources under
Permit #3-24292-F. The Division of Water Resources, in their referral
response dated August 1, 2022, stated this well would be required to be
included in a plan for augmentation, prior to being operated, for their
decreed and permitted uses, and the well must be in compliance with the
South Platte Measurement Rules before it can be operated.
There are two (2) existing septic systems on the property. One (1),
permitted under G-19760269, is used for the house and the other,
permitted under G-19800170, is for up to four (4) employees and is
associated with the previously permitted retail nursery business. The City
of Greeley has indicated that sewer service is more than 400 feet away and
is not required at this time. Public water and septic systems are allowed for
uses in the A (Agricultural) Zone District.
D. Section 23-2-40.B.4 — For zoning amendments to any Zone District other
than A (Agriculture), unpaved street/roads providing access to the subject
parcels shall have a minimum 26 -foot -wide travel surface, with a minimum
4 -inch depth of aggregate surface course (gravel), and a minimum
right-of-way width of 60 feet. Otherwise, the rezoning shall only be
approved on the condition that the applicant shall enter into an
Improvements Agreement prior to recording the Change of Zone plat. Such
agreement shall be in conformance with Appendix 8-N, Transportation
Plan, and Section 2-3-30, Collateral for improvements, both of the Weld
County Code. The Improvements Agreement shall provide for the road to
be improved to a minimum of 26 -foot -wide travel surface, with a minimum
4 -inch depth of aggregate surface course (gravel), and a minimum
right-of-way width of 60 feet, prior to the recording of any Land Use Permit
map or issuance of any Building Permit, Access Permit, or Grading Permit,
whichever comes first, and shall be re-evaluated for compliance with any
additional improvements upon submittal of an application for a Land Use
Permit, Building Permit, Access Permit, or Grading Permit. Additional
improvements, if necessary, may require an amended or new
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Carly Kopp., Clerk and Reoorder, Weld County , CO
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Improvements Agreement documenting additional requirements. No Land
Use Permit, Building Permit, Access Permit, or Grading Permit shall be
issued without review of the Improvements Agreement.
Weld County Department of Planning Services - Development Review, in
their referral dated July 21, 2022, stated Cherry Avenue 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.B.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 — The property is located within the
Greeley -Weld County Airport Overlay District. No referral response
has been received from the Greeley -Weld Airport regarding this
application. The property is not located within a Geologic Hazard
Overlay District, Agricultural Heritage Overlay District, or a Special
Flood Hazard Area.
2) Section 23-2-40.B.5.b — The applicant provided a Soils Report from
the Natural Resource Conservation Service (NRCS) that stated the
soil type, Altvan loam, is not limited for small commercial buildings.
3) Section 23-2-40. B.5.c — The property is already covered by existing
improvements (residence, office trailer and outbuilding) and the
size of the property, 4.5 acres, is impractical for mining purposes.
The A (Agricultural) Zone District allows mining as a Use by Special
Review.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of DPR Greeley, LLC, for a Change of Zone, COZ22-0007,
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 provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. The applicant shall attempt to address the requirements (concerns) of the
City of Greeley, as stated in the referral response, dated July 27, 2022.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall attempt to address the requirements of the Colorado
Division of Water Resources, as stated in the referral response, dated
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Carly Kopper, Clark and Recorder, Wald County , CO
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August 1, 2022. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
D. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ22-0007.
2) The plat shall adhere to Section 23-2-50.C and .D of the Weld
County Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) All approved accesses shall be delineated on the plat.
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 and the usage type, (Residential).
E. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for A (Agricultural) uses, which shall
comply with the A (Agricultural) Zone District requirements as set
forth in Article III, Division I of the Weld County Code.
2) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
3) Any future structures or uses onsite must obtain approval through
a Building Permit, Zoning Permit or Use by Special Review.
4) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
5) Water service may be obtained from the City of Greeley or an
appropriately permitted well.
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6) Groundwater may not meet all drinking water standards as defined
by the Colorado Department of Public Health and Environment. The
Weld County Department of Health and Environment strongly
encourages well users to test their drinking water prior to
consumption and periodically thereafter.
7) 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.
8) 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.
9) 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.
10) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
11) This site is located in the MS4 area and is subject to the regulations
of the State -issued MS4 Permit.
12) The historical flow patterns and run-off amounts will be maintained
on the site.
13) Building Permits shall be required for any new construction or set
up manufactured structure, per Section 29-3-10 of the Weld County
Code. A Building Permit application must be completed and
submitted. 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 Building Codes, 2018 International
Energy Code, 2020 National Electrical Code, and Chapter 29 of the
Weld County Code. A Plan Review shall be approved, and a
permit must be issued prior to the start of construction.
14) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
the County Facility Fee, and Drainage Impact Fee Programs.
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15) 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 stated herein and
all applicable Weld County regulations.
16) 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.
17) 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. The plat shall be prepared in accordance
with the requirements of Section 23-2-50.D of the Weld County Code.
3. Upon approval of the plat, Condition of Approval #2 above, the applicant shall
submit to the Department of Planning Services 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 the Department
of Planning Services. 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
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Carly Kopp., Clark and Recorder, Weld County , CO
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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 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.
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 9th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELL COUNTY, COLORADO
ATTEST: dgraAj, JelAft4k,
Scott K. James, Chair
Weld County Clerk to the Board
ounty ttorney
Date of signature: 11717/2
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Carly Kappa., Clerk and Recorder, Weld County , CO
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