HomeMy WebLinkAbout20201389.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ20-0001, FROM THE C-4 (HIGHWAY COMMERCIAL)
ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT AND
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - SANDRA MIRANDA, SCOTT
GILLIS, AND JILL AND MILTON VEGA, CIO SANDRA MIRANDA
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 20th day of May, 2020, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Sandra Miranda, Scott Gillis,
and Jill and Milton Vega, c/o Sandra Miranda, 4754 Tumbleweed Dr., Brighton, Colorado 80601,
requesting a Change of Zone, COZ20-0001, from the C-4 (Highway Commercial) Zone District to
the C-3 (Business Commercial) Zone District and Change of Zone from the A (Agricultural) Zone
District to the C-3 (Business Commercial) Zone District for a parcel of land located on the following
described real estate, to -wit:
Lots 3 and 4 of Minor Subdivision, S-293; being part
of Section 1, Township 2 North, Range 63 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Chad Cox, Western Engineering
Consultants, 127 S. Denver Avenue, Fort Lupton, Colorado 80621, 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 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 22-2-100.G.1 (C.Policy 1.2) states: "Encourage new
commercial development within existing commercial areas." The
proposed location of the Change of Zone has six (6) existing
properties that are zoned either C-3 (Business Commercial) or
C-4 (Highway Commercial) surrounding it. The majority of
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CHANGE OF ZONE (COZ20-0001) - SANDRA MIRANDA, SCOTT GILLIS, AND JILL AND
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surrounding properties went through Change of Zone processes in
the 1970s and 1980s with the exception of the subject parcels in
the early 2000s. These previous rezones show the commercial
identity of this area. Two (2) of the adjacent properties are currently
being utilized at a commercial level as a Conoco Gas Station and
the Roggen Motel. The property to the southwest is vacant without
improvements. The proposed Change of Zone will create more land
available for sound commercial development and will help prevent
commercial uses in the A (Agricultural) Zone District.
2) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The proposed use of this property is an
outdoor storage facility. Following approval of this Change of Zone,
a pending Site Plan Review will be processed and a Condition of
Approval will require the applicant to install a six (6) foot tall metal
fence around the entire perimeter of the property to screen from
adjacent properties and public rights -of -way and to provide security
to the facility. If the submitted Site Plan Review is not approved,
future commercial uses will adhere to Operation and Design
Standards that will protect surrounding property owners.
3) Section 22-2-100.F (C.Goal 6) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
commercial developments." The Colorado Department of
Transportation (CDOT) stated, in the referral dated March 30, 2020,
that the applicant is not responsible for building any highway
improvements, but the access off the frontage road will require an
Access Permit. Due to the location of the property, there will not be
any direct damages to County roads. Additionally, the frontage road
is designed for this type of zoning and the allowed uses that come
with it but will need upgrades, as it is currently a two (2) track road.
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 six (6) surrounding property owners within 500 feet. There
were two (2) phone calls received from the owners of the Conoco Gas
Station and the Roggen Motel, neither had concerns. The properties to the
east and west are zoned C-3 (Business Commercial) and C-4 (Highway
Commercial). The properties to the north and south are zoned
A (Agricultural). There are four (4) more commercially zoned properties
along Interstate 76, Exit 48. There is a gas station and motel to the
northeast of the subject property. The unincorporated town of Roggen is
on the south side of Interstate 76. The community of Roggen will benefit
from the proposed Change of Zone and the subsequent potential for new
commercial development. Furthermore, Interstate 76 creates a natural
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buffer between the commercial development and the residential
community.
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. Future on -site development will be served by a proposed
commercial well and proposed commercial On -site Wastewater Treatment
System (OWTS). The Weld County Department of Public Health and
Environment has included specific development standards in the referral
dated March 18, 2020, that require the property owner to submit
application, be approved and construct a commercial well and septic
system.
D. Section 23-2-40.6.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The access is located on the Interstate 76 Frontage Road at
Exit 48. CDOT stated, in the referral dated March 30, 2020, that the
applicant is required to obtain an Access Permit prior to developing the site
and is a requirement of Site Plan Review, SPR20-0003, an administratively
approved application in conjunction with this Change of Zone.
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 an Overlay District, Geological Hazard Area or a
Special Flood Hazard Area.
2) Section 23-2-40.B.5.b — The proposed Change of Zone does not
interfere with the present or future extraction of mineral resources.
Additionally, the applicant sent out notice to the one mineral owner
listed, of the proposed change of use and other related cases. No
comments from the mineral owner were received. Additionally, the
parcel of land was one part of a platted Minor Subdivision approved
in 1988. The size, location and configuration of the property does
not allow for an economically viable extraction of any mineral
resource.
3) Section 23-2-40.6.5.c — The Natural Resources Conservation
Service Soil Survey, dated March 22, 2016, indicated Osgood sand
and Valent sand were encountered. Both soils are well -draining
soils and acceptable locations for development.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sandra Miranda, Scott Gillis, and Jill and Milton Vega,
c/o Sandra Miranda, for a Change of Zone, COZ20-0001, from the C-4 (Highway Commercial)
Zone District to the C-3 (Business Commercial) Zone District and Change of Zone from the
A (Agricultural) Zone District to the C-3 (Business Commercial) 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 to the Weld County Department of Planning
Services a copy of the Access Permit issued by CDOT, which grants
access to Interstate 76, or written evidence that the applicant has complied
with the requirements of CDOT.
B. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ20-0001.
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) The applicant shall show CDOT right-of-way on the plat along with
the documents creating the right-of-way.
5) The applicant shall show the approved CDOT access point(s) on
the plat and label with the approved Access Permit number, if
applicable.
C. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ20-0001, allows for C-3 (Business
Commercial) uses which shall comply with the C-3 (Business
Commercial) Zone District requirements as set forth in Chapter 23,
Article III, Division 5 of the Weld County Code.
2) Water service may be obtained from an appropriately permitted
well.
3) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems 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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4) 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.
5) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of Weld
County Environmental Health Services, a Fugitive Dust Control
Plan must be submitted.
6) If land development exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan, submit
an Air Pollution Emissions Notice application, and apply for a permit
from the Colorado Department of Public Health and Environment.
7) 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.
8) All access and utility easements are dedicated for the benefit of all
owners of lots depicted on this plat, including owners of future lots
created therefrom, regardless of lot configuration or number of
users, and without limitation of the use or intensity of the use of
such easements. No lot owner may install a gate or otherwise
impede the use of such easements without the approval of all
persons with rights of use of such easements.
9) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
10) The historical flow patterns and runoff amounts will be maintained
on the site.
11) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
12) Any future structures or uses onsite must obtain approval through
a Site Plan Review.
13) Building Permits may be required, per Section 29-3-10 of the Weld
County Code. Currently, the following has been adopted by Weld
County: 2018 International Codes, 2006 International Energy Code,
and 2017 National Electrical Code. A Building Permit Application
must be completed and two (2) complete sets of engineered plans
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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, shall be
required or an Open Hole Inspection.
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) 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 persons 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 22-2-20.J.2 of the Weld County Code, shall be placed on
the map and recognized at all times.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifeti
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Weld County Clerk to the Board
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Mike Freeman, Chair
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