HomeMy WebLinkAbout20170650.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ16-0004, FROM R-2 (DUPLEX RESIDENTIAL) ZONE
DISTRICT TO R-3 (MEDIUM -DENSITY RESIDENTIAL) ZONE DISTRICT - VICKI S.
LAKE, C/O WELD COUNTY PLANNING DEPARTMENT
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 29th day of March, 2017, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Vicki S. Lake, c/o. Weld
County Planning Department, 1212 Stoney Hill Drive, Unit #45, Fort Collins, Colorado 80525,
requesting a Change of Zone, COZ16-0004, from the R-2 (Duplex Residential) Zone District to
the R-3 (Medium -Density Residential) Zone District for a parcel of land located on the following
described real estate, to -wit:
Lot 14, Northwest Estates Subdivision 1st Filing;
being part of Section 29, Township 7 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, 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 submitted materials are in compliance with the application requirements of
Section 23-2-50 of the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 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. 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." Section 22-2-
12.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."
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The subject property appears to be compatible with the surrounding land
uses. The area is urban in nature, has adequate services and facilities and
is located within the Town of Severance and Town of Windsor
Intergovernmental Agreement Area (IGAs.) The subject property is Lot 14,
of the Northwest Estates Subdivision, which has 15 lots. The surrounding
lots in the Subdivision provide for single, duplex and triplex residences. The
Zoning Map (Z-180) recorded in 1971, indicates the Zoning is Housing and
Urban Development (H-UD) and four (4) of the lots in this subdivision were
approved for triplexes and the other eleven (11) lots were approved for
duplexes. The proposed Change of Zone would remedy the zoning and
land use inconsistency and reflect the correct zoning for the existing land
use. The subject property was designated, on the 1971 Zoning Map, as a
duplex. The structure was built to be a duplex but shortly after the duplex
was constructed, the basement was finished and the structure has been
occupied as a triplex since the late 1970s. This conversion was allowed as
it met the density requirements listed on the zoning map. The H-UD Zone
District was changed to the R-2 Zone District in 1981 and R-2 allows for
duplexes only.
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 Department of Planning Services has not
received any comments from the surrounding property owners about this
Change of Zone request. A neighborhood meeting was held by
representatives from the Department of Planning Services on May 21, 2015,
at the Weld County Administration Building Events Center to discuss the
Change of Zone with neighbors. One neighbor attended and had no
concerns.
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 dwellings have adequate water and septic.
Water service is provided by the North Weld County Water District, per
Account No. 1195003. Sewage disposal is provided by G19710932 (main
floor duplex) and SP -0200448 (basement unit).
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 District. The subject property has one (1) access point on County
Road 76, which shall be closed per Town of Windsor Engineering
Department comments, and two (2) access points on Northwest Drive.
County Road 76 is annexed by the Town of Windsor and Northwest Drive is
maintained by Weld County. A Weld County access permit has been
approved with Access Permit Number, AP #16-00556, for the two (2) access
points off of Northwest Drive.
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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, Geological Hazard Area or
Special Flood Hazard Area.
2) Section 23-2-40.B.5.b — The site is an existing 1.4 -acre property
with an existing residence. The size of the property and existing
improvements do not make it practical for commercial mining.
3) Section 23-2-40.B.5.c — The use on the subject property will not
change with the approval of this Change of Zone. The Fort Collins
Soil Conservancy District did not respond with any referral agency
comments. The West Greeley Conservation District provided
information regarding the soils on the site. A Custom Soil Resource
Report was submitted from the Natural Resource Conservation
Service. This report listed no limits per the soils. No new structures
are being proposed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Vicki S. Lake, do Weld County Planning Department for
a Change of Zone, COZ16-0004, from the R-2 (Duplex Residential) Zone District to the R-3
(Medium Density Residential) Zone District on the above referenced parcel of land be, and hereby
is, granted subject to the following conditions:
1. The Change of Zone plat shall delineate the following:
A. All pages of the plat shall be labeled COZ16-0004.
B. The plat shall adhere to Sections 23-2-50.C. and D. of the Weld County
Code.
C. The two access points off of Northwest Drive shall be clearly shown and
labeled with the approved Access Permit Number (AP16-00556).
D. Northwest Drive is a paved road and is designated on the Weld County
Road Classification Plan as a local road, which requires 60 feet of
right-of-way at full buildout. The plat 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.
E. County Road 76 is owned and maintained by the Town of Windsor. County
Road 76 is a paved road and is designated in the Town of Windsor
Comprehensive Plan as rural collector, which requires 120 feet of
right-of-way at full buildout. The plat shall delineate the future (10 feet) and
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existing (50 feet) right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The Town of Windsor has jurisdiction over all
accesses within their jurisdiction.
F. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number.
G. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for R-3 (Medium -Density Residential)
uses which shall comply with the R-3 (Medium -Density Residential)
Zone District requirements as set forth in Chapter 23, Article III,
Division 2, of the Weld County Code.
2) The operation 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 the site must obtain the appropriate
zoning and building permits.
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) Access to County Road 76 is permitted by the Town of Windsor.
The existing access point shall be closed unless evidence of an
access permit is submitted by the applicant from the Town of
Windsor.
6) The historical flow patterns and runoff amounts will be maintained
on the site.
7) Water service shall be obtained from the North Weld County Water
District.
8) This parcel is not served by a municipal sanitary sewer system.
Sewage disposal shall 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.
9) Activity or use on the surface of the ground over any part of the
On -site Waste Water 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
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loading detrimental to the structural integrity or capability of the
component to function as designed.
10) Building Permits issued on the proposed lot will be required to
adhere to the fee structure of the County -Wide Road Fee Impact,
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 stated herein and
all applicable Weld County regulations.
12) 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.
13) 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 an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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 format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984,
NAD 1983 HARN State Plane Colorado North FIPS 0501 (US Feet)....etc.).
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 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 29th day of March, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO • DO
ATTEST: ddriLeit) ..k0,e1
Weld County Clerk to the Board
Julie A. ozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
Mil) Freeman
ounty Attorney
arbara Kirkmeyer
Date of signature: (--1 I CV (7
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