HomeMy WebLinkAbout20220290.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ21-0004, FROM THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT -
ISAIA AND KRISTA ARICAYOS
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, the Board of County Commissioners held a public hearing on the 5th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Isaia and Krista Aricayos, 2434 C Street NW, Greeley, Colorado 80631, for a
Change of Zone, COZ21-0004, from the R-1 (Low -Density Residential) Zone District to the
A (Agricultural) Zone District on the following described real estate, to -wit:
Lot 1 of Subdivision Exemption, SE -1150; being part
of the SE1/4 SE1/4 of Section 36, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
January 26, 2022, at 10:00 a.m. to allow the applicants adequate time to meet the 30 -day
notification requirement for surrounding mineral owners, and
WHEREAS, on January 26, 2022, 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:
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.B.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
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1) Section 22-2-10. B states: "Respecting Private Property Rights. One
of the basic principles upon which the United States was founded
is the right of citizens to own and utilized property so long as that
use complies with local regulations and does not interfere with or
infringe upon the rights of others." The ability to request a zone
change on one (1) property is permissible through the Change of
Zone process. This permitting process takes many factors into
consideration such as location, what the use is and the impact it will
have on the surrounding properties. This Change of Zone is not for
business purposes, rather, the applicants plan to put a second
home onsite for their elderly parents.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The proposed Change of Zone is located
on a property that was already being utilized for agricultural and
residential uses. The surrounding properties, although mostly
zoned R-1 (Low -Density Residential), are being used for the same
purposes. Therefore, the area will remain the same in nature and
the subject property will actually be zoned appropriately.
Furthermore, the City of Greeley has designated this area as
rural/suburban in their Land Use Guidance map dated December 1,
2017.
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 Weld County Department of Planning Services
sent notice to 36 surrounding property owners within 500 feet. There were
no responses received from any of the surrounding property owners. The
properties to the west are zoned A (Agricultural) and R-1 (Low -Density
Residential). The property directly to the west went through a Change of
Zone process, in 2013, that took the property from R-1 (Low -Density
Residential) to A (Agricultural). The properties to the east, north and
south are all zoned R-1 (Low -Density Residential). The uses within the
surrounding properties include an office and equipment storage permitted
through USR14-0007. Other properties are used for residential and
agricultural purposes. The subject property will continue to be used for the
use it has primarily been used for, which is residential.
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. Water is currently provided by the City of Greeley. The City of
Greeley in their referral dated August 24, 2021, did not have any
comments. The applicant received a letter dated August 3, 2021, from the
City of Greeley prior to submitting the application. The letter stated they will
not require the applicant to annex at this time, but an agreement will need
to be created for future annexation. The existing residence is served by an
On -site Wastewater Treatment System (OWTS), G19800064. If a second
home is built, sanitary service may be required by the City of Greeley, per
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the Weld County Department of Public Health and Environment referral
dated August 30, 2021.
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. The applicant is proposing to access off of NW C Street. The
Department of Planning Services — Development Review in their referral
dated August 19, 2021, stated the access appears to meet the Minimum
Access Spacing Criteria and that the applicant shall obtain an Access
Permit for this location.
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 proposed Change of Zone is not
located within a Geological Hazard Area. The proposed Change of
Zone is located in a Municipal Separate Storm Sewer System
(MS4) Area. The proposed Change of Zone is also located in a
Special Flood Hazard Area. The Department of Planning
Services — Floodplain, per their referral dated October 11, 2021, is
requiring the applicant show the floodplain boundaries on the map
and has provided comments to be incorporated as notes on the plat
but does not have any further concerns with the Change of Zone
proposal.
2) Section 23-2-40.B.5.b — The proposed Change of Zone does not
interfere with the present extraction of mineral resources.
Additionally, there are improvements onsite, and the unimproved
areas do not make for a viable mineral estate.
3) Section 23-2-40.B.5.c — Sandy Loam soils were discovered onsite.
There is no future development proposed for the site or required for
the Change of Zone. Therefore, there are no concerns at this time.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Isaia and Krista Aricayos for a Change of Zone,
COZ21-0004, 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:
Prior to recording the Plat:
A. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ21-0004.
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2) The plat shall adhere to Sections 23-2-50.C and .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) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the .map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
5) NW C 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.
6) The applicant shall show and label the existing permitted access
point and the usage type (Residential). The access location will be
reviewed as part of the plat submittal.
B. 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 requirements set forth in Chapter 23, Article III,
Division 1, of the Weld County Code.
2) Any future structures or uses onsite must obtain approval through
a Site Plan Review or Use by Special Review.
3) Water and sanitary sewer service may be obtained from the City of
Greeley.
4) 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.
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5) 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.
6) A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain or floodway, as
delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map, ,#08123C -1528E, dated January 20,
2016 (Cache la Poudre River Floodplain). Any development shall
comply with all, applicable Weld County requirements, Colorado
Water Conservation Board requirements, as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements, as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of
equipment and materials.
7) FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain
boundaries have been modified.
8) 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.
9) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
10) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
11) Prior to the release of Building Permits, the applicant shall be
required to submit a complete access application for a "preliminarily
approved" access location as shown on this plat.
12) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit prior to commencement.
13) The historical flow patterns and runoff amounts will be maintained
on the site.
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14) 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.
15) Building Permits shall be obtained prior to the construction of any
new building. A Plan review is required for each building. Plans shall
bear the wet stamp of a Colorado registered architect or engineer.
Two (2) complete sets of plans are required when applying for each
permit.
16) Each new building will require an engineered foundation based on
a site -specific geotechnical report or an open hole inspection
performed by. a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
17) Building Permits may 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, 2003 ANSI 117.1
Accessibility 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.
18) Necessary personnel from the Weld County Departments of
Planning Services, Development Review, 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.
19) 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
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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.
20) 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 the
Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Sections 23-2-50.C and .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.
4. In accordance with Weld County Code Ordinance 2012-3 approved
April 30, 2012, should the plat not be recorded within the required 120 days
from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three
(3) month period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: �j v= •�C1�O;�
Scot K. James, Chair
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