HomeMy WebLinkAbout20182228.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ18-0002, FROM THE C-3 (BUSINESS
COMMERCIAL) ZONE DISTRICT TO THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT - BRADY RENTALS, LLC
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 8th day of August, 2018, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Brady Rentals, LLC, 937
A Street, Greeley, CO 80631, requesting a Change of Zone, COZ18-0002, from the C-3 (Business
Commercial) Zone District to the R-1 (Low -Density Residential) Zone District for a parcel of land
located on the following described real estate, to -wit:
RES18-0001, Resubdivision of Lot 1 in the SE1/4 of
the SW1/4 of Section 9, Township 5 North, Range
65 West of the 6th P.M., according to the map of the
Union Colony Lands as laid out by the Union Colony,
Weld County, Colorado
WHEREAS, the applicant was represented by Attorney Steve Gorham, 937 A Street
Greeley, Colorado 80631, 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
the Weld County Code.
1) Section 22-2-120.A (R.Goal 1) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to serve the residential development or district." The site
is a 0.41 -acre lot with one single-family dwelling unit. The house
was constructed in 1900. The site is served by City of Greeley water
and sewer.
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CHANGE OF ZONE (COZ18-0002) - BRADY RENTALS, LLC
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2) Section 22-2-120.C (R.Goal 3) states: "Consider the compatibility
with surrounding land uses, natural site features, nearby
municipalities' comprehensive plans and general residential growth
trends when evaluating new residential development proposals."
The site is a 0.41 -acre lot with one single-family dwelling unit. The
land was zoned C-3 (Business Commercial) with Case #Z-306 in
1979. This re -zoning (COZ18-0002) will place the single-family
dwelling unit on residentially zoned land, rather than commercially
zoned land. This Change of Zone is compatible with the
surrounding land as there is residential zoned land to the east and
west of the site and commercial and industrial zoned land to the
north and east of the site.
B. Section 23-2-40.B.2 - The uses which would be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The uses proposed are residential. This use is
compatible with the surrounding land uses.
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. The site is served by City of Greeley water and sewer.
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 referral comments from the Weld County Department of
Public Works, dated April 25, 2018, did not indicate any concerns with the
adequacy of Balsam Avenue or E. 18th Street.
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 located
within the Airport Overlay District but not in a Special Flood Hazard
Area or a Geological Hazard Area.
2) Section 23-2-40.B.5.b—The site is a 0.41 -acre property. No mineral
resource analysis was conducted and there does not appear to be
any economically recoverable resources on the subject property.
3) Section 23-2-40.B.5.c — The use on the subject property will be
residential.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Brady Rentals, LLC, for a Change of Zone, COZ18-0002,
from the C-3 (Business Commercial) Zone District to the R-1 (Low -Density Residential) 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. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. The applicant shall attempt to address the requirements (concerns) of the
City of Greeley, as stated in the referral response dated April 16, 2018.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall record RES18-0001.
D. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ18-0002.
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) Balsam Avenue 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 verify and delineate on the plat the existing
right-of-way and the documents creating the existing right-of-way.
If the existing right-of-way cannot be verified, it shall be dedicated.
The applicant shall also delineate the physical location of the
roadway. This road is maintained by Weld County.
5) The applicant shall show and label the approved accesses (AP18-
00228), and the appropriate turning radii on the site plan.
6) 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.
E. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for R-1 (Low Density Residential) uses
and shall comply with the R-1 (Low Density Residential) Zone
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District requirements as set forth in Chapter 23, Article III, of the
Weld County Code.
2) The property owner shall comply with all applicable rules and
regulations of the state and federal agencies and the Weld County
Code.
3) Any future structures or uses on -site must obtain the appropriate
Zoning and Building Permits.
4) This site is located in the A -P Airport Overlay District.
5) The property owner shall control noxious weeds on the site.
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) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
8) 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.
9) The historical flow patterns and runoff amounts will be maintained
on the site.
10) Water and Sanitary sewer service shall be obtained from the City of
Greeley.
11) 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 complete sets of plans are required when applying for each
permit.
12) Building permits may be required, per Section 29-3-10 of the Weld
County Code. Currently, the following have been adopted by Weld
County: 2012 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.
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13) 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.
14) 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.
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) 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 the Department of Planning Services. 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 one hundred twenty (120) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying
the recording fee.
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3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within one hundred twenty (120) days of approval by the
Board of County Commissioners. With the Change of Zone plat map, the applicant
shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, and dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif (Group 4)
(Group 6 is not acceptable).
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (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 8th day of August, A.D., 2018.
ATTEST: 2;a: . J ;11
Weld County Clerk to the Board
BY:
Deputy Clerk o the Bo
APP'1VED 'STO
4sst .County Attorn
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
Steve Moreno, Cha.
aarbara Kirkmey _r, Pro-Tem
Sean P. Conway
ie A. Cozad
Mike Freeman
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