HomeMy WebLinkAbout20171342.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ17-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERICAL) ZONE DISTRICT - C. BRADLEY
KEIRNES
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 24th day of May, 2017, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of C. Bradley Keirnes, P.O.
Box 3069, Colorado Springs, Colorado 80934, requesting a Change of Zone, COZ17-0002, 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:
Part of NE1/4 NE1/4 of Section 23, Township 6
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present and represented by Todd Hodges, 2412 Derby
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 23-2-40.6 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.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable."The proposed Change of Zone
is located south of and adjacent to State Highway 392 and west of
and adjacent to CR 35. Adequate services are considered
reasonably obtainable.
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2) Section 22-2-100.A (C.Goal 3) states: "All new commercial
development should pay its own way." The applicant will be
responsible for covering all costs for all on -site and any applicable
off -site improvements associated with this use.
3) Section 22-6-20.A (ECON.Goal 1.) states: "Encourage the
expansion of existing businesses and the location of new industries
that will provide employment opportunities in the County."
Commercial zoning on this site will promote the location of new
business that will provide employment opportunities in the County.
4) APPENDIX 22-A - North Greeley Rail Corridor Subarea Plan for
Greeley and Weld County — Section 3 - Vision for the Subarea
states: "Create opportunities for landowners to attract diverse, job -
producing industries to locate in the North Greeley Rail Corridor
Subarea because of the availability of key infrastructure such as the
short -line railroad track, principal Roads, and central water and
sewer, as well as a nearby diversely skilled educated workforce."
Commercial zoning will allow the landowner to create a new
business that will provide employment opportunities in the County.
5) APPENDIX 22-A - North Greeley Rail Corridor Subarea Plan for
Greeley and Weld County — Section 4.A. — (NG-Econ.Goal 1)
states: "Encourage a variety of industrial and commercial
businesses within the Subarea that provide primary sector jobs and
encourage a diversified economic base." The site is located in the
North Greeley Rail Corridor Subarea Plan (Plan). The northern
boundary of the Plan is State Highway 392, and the closest track is
about two (2) miles east of the site along U.S. Highway 85. Due to
the size of the site and the distance from rail, the business located
on it will not be directly related to rail such as trans -loading;
however, rezoning this parcel to Business Commercial will allow the
landowner to create jobs and contribute to a diversified economic
job base for the County.
B. Section 23-2-40.B.3 - 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 land south of the Greeley #2 Canal is zoned
for rural residential under PZ-1090 (Eagle View Farms, PUD) and the final
plat has not yet been completed. The property to the north of State Highway
392 is rural residential (Pinnacle Park Subdivision). It is unknown what type
of uses will be on this site; however, any proposed use in the C-3 (Business
Commercial) Zone District will require either a Site Plan Review (if a Use
by Right) or a Use by Special Review Permit. Per the Weld County Code,
the structures in a C-3 Zone District will be required to meet the 25 -foot
setback. Per Code Section 23-3-250.A.4, screening of outdoor storage and
parking is required. Additionally, Code Section 23-3-250.A.5. requires a ten
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(10) foot landscape buffer abutting both roads. These Code sections, along
with the Greeley #2 Ditch, will assist in buffering the proposed business
from the adjacent rural residential land uses. The applicant held a
neighborhood meeting and no one objected to this Change of Zone;
however, the Weld County Department of Planning Services has received
two (2) letters in objection to this Change of Zone.
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. According to the referral comments from the Department of Public
Health and Environment, the site will be served by the North Weld County
Water District and individual On -site Wastewater Treatment Systems
(OWTS) will be utilized for sewer. The Conditions of Approval address the
status of the OWTS and the permits required.
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. The State Highway 392 Access Control Plan identifies the
existing State Highway 392 access as being removed as part of the
redevelopment of the parcel.
E. Section 23-2-40.6.5 - 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 — The proposed Change of Zone is not
located within an Overlay District or in a Special Flood Hazard Area.
2) Section 23-2-40.6.5.b — The site is an existing 7.49 -acre property.
The size of the property and existing structures do not make it
practical for commercial mining.
3) Section 23-2-40.B.5 — The use on the subject property will change
to commercial and the structures will become non -conforming uses
if the property owner uses the two existing structures as residences.
The site is not located within a soil district.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of C. Bradley Keirnes for a Change of Zone, COZ17-0002,
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 septic system serving the two homes shall have a statement of existing
and inspection completed. In the event the system is found to be
inadequate, the system must be brought into compliance with current
OWTS regulations or a new OWTS shall be installed.
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B. The applicant shall attempt to address the requirements (concerns) of
Greeley #2 Ditch (New Cache La Poudre Irrigating District), as stated in the
referral response dated April 8, 2017. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
C. The applicant shall address the requirements (concerns) of the Colorado
Department of Transportation (CDOT), as stated in the referral response
dated March 28, 2017. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
D. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ17-0002.
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) County Road 35 is a paved road and is designated on the Weld
County Road Classification Plan as an arterial road which requires
140 feet of right-of-way at full buildout. The applicant shall delineate
the future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by
Weld County.
5) Show and label the approved access(es), #AP17-00144, and the
appropriate turning radii.
6) Show the approved Colorado Department of Transportation
(CDOT) access(es) and label with the approved Access Permit
number, if applicable.
E. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for C-3 (Business Commercial) uses
and 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). The operation shall comply with all applicable rules and regulations
of state and federal agencies and the Weld County Code.
3) Any future structures or uses on the site must obtain the appropriate
zoning and Building Permits.
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4) The landscaping/screening on the site shall be maintained.
Weeds and vegetation shall be maintained in a manner to not
become a nuisance to neighbors.
5) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or offsite tracking.
6) There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
7) The historical flow patterns and runoff amounts will be maintained
on the site.
8) Water service may be obtained from the North Weld County Water
District.
9) 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.
10) 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.
11) 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 Division, a Fugitive Dust
Control Plan must be submitted.
12) 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 (2) complete sets of plans are required when
applying for each permit.
13) 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: International
Codes, 2006 International Energy Code, 2006 International Fuel
Gas Code, 2014 National Electrical Code, 2003 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code.
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14) Building Permits issued on the proposed lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
the 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 person moving into these
areas must recognize the various impacts associated with this
development. Often times, 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.
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 the Department
of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 23-2-50.0. 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.
4. 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
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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).
5. 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 the Board of County Commissioners Resolution,
a $50.00 recording continuance charge shall 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 24th day of May, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY, COLO ' DO
ATTEST:ditt,v
Weld County Clerk to the Board
BY
puty Clerk
APPROyE D
Attorney
Date of signature: Co( (9 /1 1
Julie A. Cozad, Chair
EXCUSED
Steve Moreno, Pro-Tem
Sean P. Conway
ike Freeman
ola
,-Barbara Kirkmeyer
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