HomeMy WebLinkAbout20202759.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ20-0005, FROM THE C-3 (BUSINESS
COMMERCIAL) ZONE DISTRICT AND R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT - BRIAN HARRELL
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 16th day of September, 2020, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Brian Harrell, 288 1st
Avenue, Greeley, Colorado 80631, requesting a Change of Zone, COZ20-0005, from the
C-3 (Business Commercial) Zone District and 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:
Lot 1 of the SW1/4 NW1/4 and Lot 4 of the NW1/4
NW1/4 all in Section 4, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado
WEREAS, the applicant was present and represented by Todd Hodges of Todd Hodges
Design, LLC, 2412 Denby Court, Fort Collins, Colorado 80526, 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 23-2-40.6.1 — The proposal is consistent with Chapter 22 of the
Weld County.
1) Section 22-2-20.D (A.Goal 4) states: "Promote a quality
environment which is free of derelict vehicles, refuse, litter and other
unsightly materials." The current property is in a zoning violation,
ZCV19-00076, due to the storage of commercial vehicles and
equipment, two (2) homes and a visible non-commercial junkyard.
This Change of Zone and subsequent Non -Conforming Use (NCU)
or Use by Special Review (USR) will correct the outstanding
violation and split zoning issue, if approved, will also clean up the
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property significantly and require the applicant to appropriately
manage the commercial vehicles by having them removed from the
property and by screening the non-commercial junkyard so that it is
not a visual impact to the surrounding neighbors.
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." This Change of Zone will
correct a split zoning of C-3 (Business Commercial) and
R-1 (Low -Density Residential) Zone District to the A (Agricultural)
Zone District. This zoning change will also correct current problems
that are on the property, such as an existing oil and gas facility that
will become a Use by Right in the A (Agricultural) Zone District.
Furthermore, it will allow the applicant to apply for a NCU or USR
Permit for the second home on the property, which is a permit
allowed to be applied for in an Agricultural Subdivision, such as
Union Colony Lands.
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 18 surrounding property owners within 500 feet and no
responses were received. The properties to the west are zoned
C-3 (Business Commercial) and R-1 (Low -Density Residential). The
property to the east is zoned A (Agricultural). The property to the north is
zoned R-1 (Low -Density Residential) and the property to the south is zoned
1-2 (Medium Industrial). The uses within the surrounding properties include
a Gravel Mining Operation permitted through 2MUSR16-85-690, and Site
Plan Reviews for storage and vehicle repair businesses. Other uses
include oil and gas, residential and grazing land. The subject property will
continue to be used for residential and oil and gas. At the time of initiating
the violation, ZCV19-00076, the property had parking and storage of
commercial vehicles. A site visit took place on August 7, 2020, and it
appears there is no longer the large number of commercial vehicles onsite
when the original violation was started but there are still a few commercial
vehicles onsite that need to be addressed.
C. Section 23-2-40.6.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. As stated previously, the property has an existing well onsite, well
permit no. 226878-A, which allows for fire protection, ordinary household
purposes inside two (2) single-family dwellings, the irrigation of not more
than 10,000 square feet of home gardens and lawns, and the watering of
domestic animals. The Colorado Division of Water Resources does not
have any concerns with the proposed Change of Zone and states this
Change of Zone will not affect the existing well permit, per their referral
dated June 25, 2020. The two (2) homes onsite are served by unpermitted
On -site Wastewater Treatment Systems (OVVTS). Upon approval of the
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Use by Special Review Permit the OWTS will be reviewed through the
Statement of Existing and if the systems are found to be inadequately sized
for the proposed use, the systems will be required to be brought in to
compliance with current OWTS regulations, per the Weld County
Department of Public Health and Environment referral dated July 20, 2020.
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 property accesses off of 1st Avenue via private
easement. This easement has been the historic access used by the
property and the other three (3) properties for many years. The applicant
has submitted a recorded access agreement between all property owners
to insure current and future owners of the subject property have sufficient
access. 1st Avenue is a spur from U.S. Highway 85; therefore, the
Colorado Department of Transportation (CDOT) was sent a referral. CDOT
had no concerns or comments with the proposed Change of Zone, as
stated in their referral response dated July 9, 2020.
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 or Geological Hazard Area. The
proposed Change of Zone is located in a Special Flood Hazard
Area. The Department of Planning Services, per the referral dated
July 7, 2020, is requiring the applicant to show the floodplain
boundaries on the map and has provided comments to be
incorporated as Development Standards 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 or future extraction of mineral resources.
No comments from the mineral owner were received. Additionally,
the parcel of land is part of a platted subdivision, Union Colony
Lands Subdivision approved on April 7, 1891.
3) Section 23-2-40.B.5.c — The Natural Resources Conservation
Service Soil Survey dated April 10, 2020, indicated Aquolls,
Aquents and Ustic Torriothents soils were encountered.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Brian Harrell for a Change of Zone, COZ20-0005, from
the C-3 (Business Commercial) Zone District and 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:
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1. Prior to recording the plat:
A. There is a Use by Special Review Permit, USR-1089, recorded at
Reception #2530761, for an Oil and Gas Production Facility in the R-1 (Low
Density Residential) and 1-2 (Industrial) Zone Districts. This USR
encompasses the entire subject property. The applicant shall address the
continued operation of USR-1089 and which lot(s) it is to be associated
with. The applicant shall have a partial vacation completed prior to
recording the Change of Zone map.
B. There is a Use by Special Review Permit, USR-1656, for an Oil and Gas
Production Facility that was approved by the Board of County
Commissioners by signed Resolution on August 20, 2008. The USR-1656
plat was never recorded, therefore, never perfecting the USR. The
applicant shall request to have USR-1656 rescinded prior to recording the
Change of Zone map.
C. The applicant has indicated that there are two (2) dwellings on the
proposed Change of Zone lot. The applicant shall submit a NCU or USR
application and pay the associated fees to the Weld County Department of
Planning Services for the secondary home located on proposed Change of
Zone property or convert the second home into an accessory structure.
D. All vehicles located on the property must be operational with current license
plates or be screened from all adjacent properties and public rights -of -way
or be removed from the property. All other items considered to be part of a
noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights -of -way.
E. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ20-0005.
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 the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
5) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the plat.
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6) 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.
7) 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.
2. The following notes shall be delineated on the Change of Zone plat:
A. Change of Zone, COZ20-0005, allows for A (Agricultural) uses which shall
comply with the A (Agricultural) Zone District requirements as set forth in
Chapter 23, Article III, Division 1 of the Weld County Code.
B. Water service may be obtained from appropriately permitted wells.
C. 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.
D. 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.
E. 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.
F. 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 -1541E, 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 by not
limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and
materials.
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G. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior
to the start of and development activities, the owner should contact Weld
County to determine if the floodplain boundaries have been modified.
H. The operation shall comply with all applicable rules and regulations of the
State and Federal agencies and the Weld County Code.
Building Permits may be required, per Section 29-3-10 of the Weld County
Code. Currently, the following have 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 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.
J. Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County -Wide Road Fee Impact Program, County
Facility Fee, and Drainage Impact Fee Programs.
K. 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.
L. 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.
M. 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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3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit one (1) paper copy or 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 Department of
Planning Services' Staff. The plat shall be prepared in accordance with the
requirements of Section 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.
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 16th day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifvo v� je: O•eik
Weld County Clerk to the Board
BY: "YVA'
Deputy Clerk to the Board
APPQVED AS TO FOR
County £ ttorney
Date of signature: lo/o6/20
Mike Freeman, Chair
Kevin D. Ross
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