HomeMy WebLinkAbout20222156.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0006, FROM THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT -
MARISELA MENDEZ
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 3rd day of August, 2022, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Marisela Mendez,
1828 Birch Avenue, Greeley, Colorado 80631, requesting a Change of Zone, COZ22-0006, 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:
Part of Lot 2 of the SE1/4 SE1/4 of Section 9,
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:
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.
1) Section 22-2-10.A — Respecting Our Agricultural Heritage.
Supporting the use of land in unincorporated areas for agriculture
is the number one guiding principle listed in the Comprehensive
Plan.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." Though surrounding properties are not
zoned A (Agricultural), several properties are being used for small
farms.
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Carly Koppel, Clerk and Recorder, Weld County , CO
CC: PLCTP/MN/ML4),GAO.), APPS,..
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CHANGE OF ZONE (COZ22-0006) - MARISELA MENDEZ
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B. Section 23-2-40.6.2 — 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 property is surrounded by all land use types. Surrounding lots are being used
residentially, commercially, industrially, and for small farms. The A (Agricultural)
Zone District is compatible with land to the south of the property, being similarly
sized and used for small farms.
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 a City of Greeley water tap and utilizes on -site wastewater treatment,
which is acceptable in the A (Agricultural) Zone District. The City of Greeley, in the
referral dated May 25, 2022, indicated no concerns with the Change of Zone, and
noted, any development of the property may require annexation. The Department
of Public Health and Environment also did not express concerns in the referral
dated May 16, 2022.
D. Section 23-2-40.B.4 — For zoning amendments to any zone district other than
A (Agricultural), unpaved streets/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.
The zoning amendment request is to downzone to A (Agricultural), so the criterion
is not applicable. However, the property has direct access onto
privately -maintained Birch Avenue, also known as County Road 41.8, which is a
gravel road with 60 feet of right-of-way. Birch Avenue connects to
U.S. Highway 34, also known as East 18th Street. If the property is developed in
the future, the Colorado Department of Transportation will be consulted to
determine if additional improvements are needed.
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 23-2-40.6.5.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. The property is located within the Airport Overlay. The
Greeley -Weld Airport will be consulted should the property be developed
in the future.
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. Downzoning the property to the A (Agricultural) Zone District is
not considered development, so mineral deposits were not investigated. If
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Carly Kopp., Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ22-0006) - MARISELA MENDEZ
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the property is developed in the future, a subsurface mineral report will be
required as part of an application.
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. Similarly,
downzoning does not require a soil study. Soil limitations will be
investigated as part of a development application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Marisela Mendez for a Change of Zone, COZ22-0006,
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 plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ22-0006.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
3) All recorded easements and rights -of -way shall be shown and
dimensioned on the Change of Zone plat.
4) County Road 41.8 (also known as Birch Avenue) is a part of the
Union Colony Subdivision with 60 feet of deeded right-of-way. 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. This
road is a privately -maintained road and is NOT maintained by Weld
County.
5) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the plat, along with the
documents creating the right-of-way for U.S. Highway 34.
6) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access point on the plat and label with the
approved access permit number, if applicable.
B. The following notes shall be delineated on the Change of Zone plat:
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Carly Koppel, Clerk and Recorder, Weld County , CO
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1) The Change of Zone, COZ22-0006, allows for A (Agricultural) uses, which
shall comply with the A (Agricultural) Zone District requirements as set forth
in Chapter 23, Article III, Division 4 of the Weld County Code, as amended.
2) The operation shall comply with all applicable rules and regulations of state
and federal agencies and the Weld County Code.
3) Any future structures or uses onsite must obtain the appropriate Zoning
and Building permits.
4) Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County -Wide Road Fee Impact Fee, County Facility
Fee, and Drainage Impact Fee Programs.
5) 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.
6) Access on the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
7) This site is located in the MS4 area and is subject to the regulations of the
state -issued MS4 Permit.
8) The historical flow patterns and runoff amounts will be maintained on the
site.
9) Water and sanitary sewer service may be obtained from the City of
Greeley.
10) The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be 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) 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
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CHANGE OF ZONE (COZ22-0006) - MARISELA MENDEZ
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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.
13) 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 Conditions 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 Department of
Planning Services Staff. 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. 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.
5. 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.
6. In accordance with Appendix 5-J of the Weld County Code, should the Change of
Zone 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 (3) month period.
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Carly Kopp.., Clark and Recorder, Wald County , CO
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7 If a lot has an approved and recorded Site Specific Development Plan and the
zoning on the lot is changed to a zone district for which the existing use requires a
Site Plan Review, the Director of the Department of Planning Services may waive
the Site Plan Review application requirement, if the following applies:
A. The existing use of the property is not changing or expanding beyond what
is allowed without a Site Plan Review, as stated in Subsection E above;
and
B. The approved Site Specific Development Plan is in substantial compliance
with the requirements of the new zone district, including, but not limited to,
bulk requirements, design standards, and operation standards.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE ; a COUNTY, COLORADO
ATTEST: didthA) ;4,
Weld County Clerk to the Board
BY:
APP
County Attorney
Date of signature: V31/2-
/2
• ott K. James, Chair
Ifi'12‘.;
an, Pro-Te
Perry L. B
teve Moreno
EXCUSED
Lori Saine
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Carly Kopp., Clerk and Recorder, Wald County , CO
VIII I ��1 HAW MANN Ali "III
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