HomeMy WebLinkAbout20190539.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ18-0005, FROM THE E (ESTATE) ZONE DISTRICT
TO THE A (AGRICULTURAL) ZONE DISTRICT - PAUL AND MICHELLE KING
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 6th day of February, 2019, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Paul and Michelle King,
28990 State Highway 257, Greeley, Colorado 80634, requesting a Change of Zone, COZ18-0005,
from E (Estate) Zone District to the A (Agricultural) Zone District for a parcel of land located on
the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -3358; being part
of the NW1/4 of Section 10, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
February 13, 2019, at 10:00 a.m., to allow adequate time to publish a corrected notice, and
WHEREAS, on February 13, 2019 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 request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 23-2-40.6.1 - That the proposal is consistent with Chapter 22 of
this Code; if not, then that the zoning of the property under consideration is
faulty, or that changing conditions in the area warrant a Change of Zone.
1) Section 22-2-20.A.2 (A.Policy 1.2) states: "Support the
development of creative policies for landowners to voluntarily
conserve agricultural land." This Change of Zone request is the
result of landowners finding a way to preserve agricultural land and
open space and to regain full use of their property.
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
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surrounding land uses. No correspondence has been received from
surrounding property owners. Adjacent properties to the north, south, east
and west are all zoned A (Agricultural). These properties are being used
for agriculture, as rangeland and rural residences. A high -density
subdivision has been platted one half (0.5) mile to the south, on the west
side of County Road 19, within the municipal boundary of Severance.
Several parcels in the area with E (Estate) zoning have not submitted final
plats and are vacant as well.
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 Colorado Division of Water Resources, in the referral dated
October 23, 2018, indicated no concerns with being able to permit a well
on the property. The Department of Environmental Health Services, in the
referral dated November 14, 2018, indicated that a septic system would be
acceptable on the property.
D. Section 23-2-40.B.4 — That street or highway facilities providing access to
the property are adequate in size to meet the requirements of the proposed
zone district. The proposed access to the property is located 800 feet east
of County Road 19 on County Road 84, which currently meets spacing
requirements, according to the Department of Public Works referral, dated
November 26, 2018.
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 — 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 proposed Change of Zone
is not located within an Overlay District, Geological Hazard Area or
a Special Flood Hazard Area. The Geologic Evaluation submitted
with the application materials states that no geologic hazards were
present and areas of the site with Olney soils would be acceptable
places for light residential development.
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. The proposed Change of Zone does
not interfere with the present or future extraction of mineral
resources. All oil and gas wells within one mile of the site are either
abandoned, plugged and abandoned or shut in. The Geologic
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Evaluation of the site does not identify any economically
recoverable mineral resources on site.
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. The Geologic Evaluation submitted
with the application materials states that no geologic hazards were
present and areas of the site with Olney soils would be acceptable
places for light residential development.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Paul and Michelle King for a Change of Zone,
COZ18-0005, from the E (Estate) 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 COZ18-0005.
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) County Road 19 is a gravel 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
verify and delineate the existing right-of-way and the documents creating
the existing right-of-way 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, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. This road is
maintained by Weld County.
5) County Road 84 is a gravel 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
verify and delineate the existing right-of-way and the documents creating
the existing right-of-way 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
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County Code, Chapter 23, Article III, Section 23-3-50, 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 and proposed access
point(s) and the usage types (Agriculture, Residential, or
Commercial/Industrial). Public Works will review access locations as a 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 A (Agricultural) Zone District requirements as set forth in
Chapter 23, Article III Division 1, of the Weld County Code.
2) The use of the property 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 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, Article I and II, of the Weld
County Code.
6) 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.
7) 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.
8) Access on the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
9) 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.
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10) Any work that may occupy and/or encroach upon any County rights -of -way
or easement shall acquire an approved Right -of -Way Use Permit prior to
commencement.
11) The historic flow patterns and runoff amounts will be maintained on the site.
12) Water service may be obtained by an individual well.
13) 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.
14) Activity or use on the surface of the ground over any part of the On -Site
Wastewater Treatment System (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.
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 person 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of February, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST:
..et� �• ;�
Weld County Clerk ttothe Board
Count ttorney
arbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Date of signature: 2-21-19
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