HomeMy WebLinkAbout20171826.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ17-0001, FROM C-3 (BUSINESS COMMERCIAL)
ZONE DISTRICT TO A (AGRICULTURAL) ZONE DISTRICT - SANDRA LOEFFLER,
C/O JO TEMMER
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 28th day of June, 2017, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Sandra Loeffler, 471 37th
Avenue Court, Greeley, CO 80634, c/o Jo Temmer, 621 O Street, Greeley, CO 80631, requesting
a Change of Zone, COZ17-0001, from the C-3 (Business Commercial) Zone District to the
A (Agricultural) Zone District for a parcel of land located on the following described real estate,
to -wit:
Part of the E1/2 SW1/4 of Section 29, Township 6
North, Range 65 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 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 23-2-40.6.1 - The proposal is consistent with Chapter 22 of the
Weld County.
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
house on the site was constructed in 1904, and the site is served
by the North Weld County Water District and individual On -site
Wastewater Treatment Systems (OWTS) for sewer.
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
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trends when evaluating new residential development proposals."
The site is a 1.55 -acre lot, which has been historically used as
agricultural/residential. The area was rezoned to either commercial
or industrial in the early 1960s, although this lot has not developed
as commercial yet. Zoning this lot to agricultural will allow the
applicant to reside on the land with agricultural uses as requested.
3) Section 22-2-120.B states: "Respect for Our Agricultural Tradition.
The County has an agricultural tradition, as reflected by its ranking
as one (1) of the most economically productive agricultural
producing counties in the nation. Land use changes are occurring,
and agriculturally zoned land is being changed to residential,
commercial and industrial development. As these new land uses
evolve, it is important that the established agricultural businesses
and associated infrastructures are allowed to continue to operate
without adding excessive constraints. Individuals who move into
these areas must realize that they will experience conditions and
services unlike an urban setting and must be willing to accept this
lifestyle. The Weld County Right to Farm Statement can be found
as part of the Agriculture goals and policies and, as a part of this
Plan, supports the importance of agriculture in the County."
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 uses proposed are residential and agricultural.
These uses have been compatible with the surrounding land uses, since,
the site has been residential/agricultural since 1904 (over 110 years);
existing prior to the rezoning in 1962. Per the application materials, the
applicant has friendly relations with Valley Sprinkler to the west and
Extraction Oil and Gas to the east. This is an example of agricultural uses
and commercial/industrial uses within close proximity of one another and
able to mitigate any concerns and work well together. The Department of
Planning Services has not received any comments from the surrounding
property owners.
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 parcel will be served by the North Weld
County Water District for water and individual septic systems provide
sewage disposal for each home.
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 applicant has received approval of AP#17-00200 for an
Access Permit. County Road 64 (O Street) is maintained by Weld County.
The referral comments from the Weld County Department of Public Works,
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dated April 4, 2017, did not indicate any concerns with the adequacy of
O 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 not
located within an Overlay District or in a Special Flood Hazard Area.
2) Section 23-2-40.B.5.b — The site is an existing 1.55 -acre property.
The size of the property and existing structures on the site do not
make it practical for commercial mining.
3) Section 23-2-340.B.5.c — The use on the subject property will not
change with the approval of this Change of Zone. The West Greeley
Soil Conservancy District referral agency comments, dated
April 10, 2017, indicated no concerns. The residence on the site
was constructed in 1904, and the site has historically been used for
agricultural/ residential purposes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sandra Loeffler, do Jo Temmer, for a Change of Zone,
COZ17-0001, from the C-3 (Business Commercial) 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 applicant shall submit and receive approval of a Zoning Permit for the
home business on the site.
B. 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.
C. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ17-0001.
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 64 is a paved road and is designated on the Weld
County Road Classification Plan as an arterial road which requires
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140 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan 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), AP#17-00200, and the
appropriate turning radii on the site plan.
6) Show and label the entrance gate set back a minimum of 100 feet
from the edge of shoulder, if applicable.
D. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ17-0001, allows for A (Agricultural) uses
and shall comply with the A (Agricultural) 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.
4) The Board of County Commissioners approved the waiver of the
minimum lot size in the A (Agricultural) Zone District, as specified
in Section 23-5-50.A.1, of the Weld County Code, on June 28, 2017.
5) Any new structures shall meet setbacks for future road right-of-way.
6) 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.
7) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
8) There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
9) The historical flow patterns and runoff amounts will be maintained
on the site.
10) Water service may be obtained from the North Weld County Water
District.
11) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems designed in
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accordance with the regulations of the Water Quality Control
Division of the Colorado Department of Public Health and
Environment, and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system.
12) 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.
13) 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.
14) 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: 2012
International Codes, 2006 International Energy Code, 2006
International Fuel Gas Code, and 2014 National Electrical Code.
2003 ANSI 117.1 Accessibility code and Chapter 29 of the Weld
County Code.
15) 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.
16) 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.
17) 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
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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.
18) 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 Conditions of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) or one (1) paper copy 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.
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 added for each additional three (3) month
period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of June, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COL,JNTY, COLOR DO
ATTEST:d.�Qtif V. jd ►;tom.
Weld County Clerk to the Board
Steve Moreno, Pro-Tem
County A ttorney
arbara Kirkmeyer
Date of signature: ? 1 `a5( 1 i
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