HomeMy WebLinkAbout20170071.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ16-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE E (ESTATE) ZONE DISTRICT - JACOB AND LAURA OWEN
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 4th day of January, 2017, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Jacob and Laura Owen,
590 North Saint Louise Avenue, Loveland, CO 80538-1215, requesting a Change of Zone,
COZ16-0003, from the A (Agricultural) Zone District to the E (Estate) Zone District for a parcel of
land located on the following described real estate, to -wit:
Tract A of Arrowhead 4th Filing; being part of
Section 27, Township 5 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicant was present and represented by Jeffrey Couch, 3468 Shallow
Pond Drive, Fort Collins, CO 80528-7002, 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.B.1. - That the proposal is consistent with Chapter 22 of
the Weld County.
1) 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 applicants are proposing to rezone the parcel to the E (Estate)
Zone District to allow the parcel to be divided to create an additional
buildable lot for residential purposes via the Resubdivision process.
This proposed rezoning is consistent with surrounding land uses.
The size of the parcel is consistent with the E (Estate) zoning
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requirements and the parcel is located adjacent to an existing
multi -lot subdivision.
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. This proposed rezoning is consistent with
surrounding land uses, the size of the parcel is consistent with the
E (Estate) zoning requirements, and the parcel is located within the
Arrowhead Subdivision.
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 proposed site will be served by City of Evans water and by
on -site sewage disposal systems.
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 parcel is adjacent to two (2) existing roads (Kiowa Drive
and Pawnee Drive) located within the Arrowhead Subdivision.
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.B.5.a. - Portions of the Lot are located within the
boundaries of the 100 -year floodplain. Any development in this area
will require a Flood Hazard Development Permit.
2) Section 23-2-40.B.5.b. - The size of the property and its location
within an existing platted subdivision does not make it practical for
commercial mining.
3) Section 23-2-40.B.5.c. - This site is located within the West Greeley
Soil Conservation District boundary. Per the referral response
dated September 26, 2016, the soil district recommends that soils
testing be conducted prior to construction. A soils report or open
hole inspection is required at the time of building permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jacob and Laura Owens, for a Change of Zone,
COZ16-0003) from the A (Agricultural) Zone District to the E (Estate) 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 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.
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B. The applicant shall attempt to address the requirements of the City of
Greeley, as stated in the referral response dated September 20, 2016.
C. The RES16-0001 plat shall submitted for recording along with the
COZ16-0003 plat.
D. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ16-0003.
2) The plat shall adhere to Section 23-2-50.C and D. of the Weld
County Code.
3) All recorded easements shall be shall be shown and dimensioned
on the Change of Zone plat.
4) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
5) Kiowa 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 applicant shall delineate on the site
plan the existing right-of-way. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County.
6) Pawnee 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 applicant shall delineate on
the site plan the future and existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained
by Weld County.
E. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for E (Estate) uses which shall comply
with the E (Estate) Zone District requirements as set forth in
Chapter 23, Article Ill, 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. A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain or floodway as
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delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1519E, effective date
January 20, 2016 (Ashcroft Draw Floodplain). Any development
shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in
the Rules and Regulations for Regulatory Floodplains in Colorado,
and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any
man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials.
5. FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain
boundaries have been modified.
6. Water service shall be obtained from the City of Evans.
7. 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.
8. Language for the preservation and/or protection of the absorption
field shall be placed on the plat. The note shall state: "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."
9. 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 the Weld
County Health Department, a Fugitive Dust Control Plan must be
submitted.
10. If land development exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan, submit
an Air Pollution Emissions Notice, and apply for a permit from the
Colorado Department of Public Health and Environment.
11. A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous
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or non-contiguous land disturbance is greater than or equal to one
(1) acre in area. Contact the Water Quality Control Division of the
Colorado Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
12. The historical flow patterns and runoff amounts will be maintained
on the site.
13. 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.
14. The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
15. There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
16. This site is located in a Municipal Separate Storm Sewer System
(MS4) Area, which may trigger specific water quality requirements
or other drainage improvements. In addition to compliance with
applicable Weld County regulations, the property owner is required
to be compliant with any additional MS4 requirements.
17. 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.
18. New buildings 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, 2014 National Electrical Code and Chapter 29 of the Weld
County Code.
19. Building Permits issued on the proposed lots 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.
20. 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.
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21. The historical flow patterns and run-off amounts will be maintained
on the site in such a manner that it will reasonably preserve the
natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-
off.
22. 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.
23. 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 Department of Planning Services staff. 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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of January, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAO
ATTEST: d��� adto;yk.
Weld County Clerk to the Board
BY:epua
AP
ty Clerk to the Board
ounty Attorney
Date of signature: 0 t Gq/ t 1
Steve Moreno, Pro-Tem
Barbara Kirkmeyer
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