HomeMy WebLinkAbout20200118.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ19-0002, FROM THE R-1 (LOW DENSITY
RESIDENTIAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT - DANIEL AND JANNA MILLER
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 9th day of
October, 2019, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Daniel and Janna Miller, 470 E. 18th St., Greeley, Colorado 80631, for Change
of Zone, COZ19-0002, from the R-1 (Low Density Residential) Zone District to the C-3 (Business
Commercial) Zone District on the following described real estate, to -wit:
Lot 1 Resubdivision RES19-0008 of Lot 3, Union
Colony Land Subdivision; being part of the SE1/4
SW1/4 of Section 9, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
November 27, 2019, to allow the applicants adequate time to complete the Conditions of Approval
and record the plat for Resubdivision, RES19-0008, and
WHEREAS, on November 27, 2019, the Board deemed it advisable to continue the matter
to January 15, 2020, at 10:00 a.m., to allow the applicants adequate time to record the plat for
Resubdivision, RES19-0008, which is contingent on the results of a soils test and the revision of
the Drainage Report, and
WHEREAS, on January 15, 2020, the Board deemed it advisable to continue the matter
to April 1, 2020, at 10:00 a.m., to allow the applicants adequate time to address drainage issues
that are prohibiting the recordation of the plat for Resubdivision, RES19-0008, and
WHEREAS, on April 1, 2020, due to the COVID-19 event and to protect the health, safety,
and welfare of the general public, the Board deemed it advisable to continue the matter to April 22,
2020, at 10:00 a.m., and
WHEREAS, on April 22, 2020, because of the ongoing COVID-19 event and to protect the
health, safety, and welfare of the general public, the Board deemed it advisable to continue this
matter to May 6, 2020, and
WHEREAS, on May 6, 2020, the Board deemed it advisable to continue the matter to
June 3, 2020, at 10:00 a.m., to allow the applicants additional time to record the plat for
Resubdivision, RES19-0008, and
WHEREAS, at said hearing, on June 3, 2020, the applicant was represented by Kelsey
Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, CO 80634, and
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CHANGE OF ZONE (COZ19-0002) - DANIEL AND JANNA MILLER
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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 23-2-40.6.1 — The proposal is consistent with Chapter 22 of the
Weld County.
1) Section 22-2-90.A states, in part: "The purpose of commercial
development Goals is to characterize, by intensity, those areas
throughout the County for retail, offices, services and other similar
uses. Commercial uses are primarily located along major
roadways, at major intersections and in commercial parks designed
to accommodate these uses" The proposed Change of Zone is
located adjacent to East 18th Street, also known as East
U.S. Highway 34, which is maintained by the Colorado Department
of Transportation (CDOT) and, therefore, considered to be an
arterial, which can support traffic generated from a Commercial
Use.
2) Section 22-2-90.C states: "Generally, commercial development is
located within or adjacent to existing urban areas." Part of East 18th
Street and adjacent properties have been annexed into the City of
Greeley. The intersection of East 18th Street is with
U.S. Highway 85 and is defined as a Development Node.
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. Though several residences still exist along East
18th Street, more than fifty percent (50%) of the lots have commercial or
industrial zoning or are non -conforming commercial uses with residential
zoning. South of the subject lot is an existing residential subdivision,
"Sommersett of Greeley," therefore, staff will recommend, with the Site
Plan Review, that the commercial use of the property be buffered and
screened from adjacent surrounding properties. Existing landscaping
buffers the shop from the street.
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
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district. A statement from the City of Greeley dated April 9, 2019, was
provided with the application, stating water and sewer service could be
made available to the site; however, annexation will be a condition of
service. The applicant intends to annex the property to Greeley, once the
business increases to the level that bottled water and portable toilets are
no longer allowed.
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 district. East 18th Street is a two (2) lane U.S. Highway. In the referral
response dated July 22, 2019, CDOT requested a future right-of-way
reservation of 75 feet on either side of the highway centerline to provide for
future expansion.
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 site is located within the
Airport Overlay District. Any development will need to comply with
the Greeley -Weld Airport regulations.
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 extent greater than under the
present zoning of the property. Mineral owners were notified of the
proposed Change of Zone on June 28, 2019, according to the
information submitted by the applicant. The Geology Report
submitted with the application indicates that the site is not located
within an area recognized as having economically recoverable sand
and gravel or other metallic resources.
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. According to the Geology Report
submitted with the application, the soils could support lightly loaded
structures and deep foundation systems could be employed to
support heavy foundation loads. Soils were not found to be flood
prone.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Daniel and Janna Miller for a Change of Zone,
COZ19-0002, from the R-1 (Low Density Residential) 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 attempt to address the Colorado Division of Water
Resources, as stated in the June 19, 2019, referral response. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
B. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ19-0002.
2) The plat shall adhere to Sections 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) U.S. Highway 34 requires 150 feet right-of-way at full buildout.
There is presently 60 feet of right-of-way. A total of 75 feet from the
centerline of U.S. Highway 34 shall be delineated as future
right-of-way on the plat.
6) East 18th Street is a portion of the Highway 34 business route which
is under the jurisdiction of CDOT. The applicant shall delineate and
label the existing right-of-way and the physical location of the road
on the site map or plat. All setbacks shall be measured from the
edge of the right-of-way. The applicant shall show the approved
CDOT access on the site plan and label with the approved Access
Permit number.
C. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for C-3 (Regional Commercial) uses,
which shall comply with the C-3 (Regional Commercial) Zone
District requirements, as set forth in Chapter 23, Article III,
Division 3, of the Weld County Code.
2) Water service may be obtained from the City of Greeley, or an
appropriately permitted well.
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3) Sanitary sewer service may be obtained from the City of Greeley.
4) The parcel is not currently 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.
5) Activity or use on the surface of the ground over any part of the On -
Site Wastewater Treatment System (OWTS) must be restricted to
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) Fugitive Dust shall be controlled onsite.
7) The operation shall comply with all applicable rules and regulations
of state and federal agencies and the Weld County Code.
8) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
9) 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, 2006 International
Energy Code, 2017 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.
10) 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.
11) 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 and Development
Standards stated herein and all applicable Weld County
regulations.
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12) 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. •
13) The site is located in the Municipal Separate Storm Sewer
System (MS4) designated area and is required to comply with any
applicable MS4 regulations.
14) The historical flow patterns and runoff amounts will be maintained
on the site.
15) 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.
16) 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.
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 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 The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within 120 days of approval by the Board of County
Commissioners.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: •,1
Weld County Clerk to the Board
eputy Clerk to the Board
County Attorney
Date of signature: CC(iala0
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