HomeMy WebLinkAbout20174045.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ17-0006, FROM THE C-2 (GENERAL BUSINESS)
ZONE DISTRICT AND THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT TO
THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - MIGUEL ANGEL BENITEZ
AND MARIA JUANA GRANADOS-BENEVIDEZ
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 27th day of December, 2017, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Miguel Angel Benitez
and Maria Juana Granados-Benevidez, 2409 W. 14th St. Rd., Greeley, CO 80634, requesting a
Change of Zone, COZ17-0006, from the C-2 (General Business) Zone District and the R-1 (Low
Density Residential) Zone District to the C-3 (Business Commercial) Zone District for a parcel of
land located on the following described real estate, to -wit:
East 390 feet of Lot 1 in the SW1/4 SE1/4 of Section
9, Township 5 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was present and represented by Christen DePetro, 1621
10th Avenue, Greeley, CO 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 23-2-40.6 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 Code.
1) Section 22-2-60.A (UC.Goal 1) states: "Assure proper location and
operation of compatible land uses by maintaining land use
regulations within unincorporated communities."The proposed site
is located adjacent to existing commercial and industrial zoning and
adjacent to commercial and industrial uses to the north and east.
2) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
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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
site is located within the urban growth boundary of the City of
Greeley and the Intergovernmental Agreement Boundary of the
Town of Kersey.
B. Section 23-2-40.6.2 - The uses which would be allowed on the
subject property by granting the Change of Zone will be compatible
with the surrounding land uses. I-1 (Industrial) zoned property is
located to the north of the site and C-2 (Commercial) zoned
property is located to the east and west of the site. A youth services
facility is located to the east of the property. An existing Industrial
Use (approved under USR-964 for outside storage of vehicles over
6,000 pounds) is located to the north of the site.
1) Section 23-3-220.C.4 states: "One (1) single-family dwelling
unit when used as living quarters for the proprietor,
employees, caretakers or security personnel responsible for
operating, maintaining or guarding the property where such
dwelling unit is enclosed within the principal building." The
C-3 (Commercial) Zone District allows for uses within the
C-1 and C-2 (Commercial) Zone Districts.
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. Existing water service to the site is provided by the North Weld
County Water District and there is an existing septic system on the property
(Septic Permit # SP02-00175).
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 site accesses directly onto a State Highway (18th Street
AKA Highway 34 bypass). The Colorado Department of Transportation
indicated no comments in the referral response dated October 26, 2017.
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 23-2-30.A.5.a. — The property is located within the
Greeley -Weld County Airport Overlay District. The Greeley -Weld
County Airport responded with no concerns in the referral response
dated November 27, 2017.
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2) Section 23-2-30.A.5.b. - The proposed Change of Zone property is
in a platted subdivision (Union Colony Subdivision) and is covered
by existing buildings and improvements. Also, the size of the parcel
(5.49 acres) is too small to be considered for mineral extraction.
3) Section 23-2-30.A.5.c. — The property is covered with existing
buildings and improvements. According to the National Cooperative
Soil Survey, the soil on the property is delineated as "not limited" for
construction of small commercial buildings.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Miguel Angel Benitez and Maria Juana
Granados-Benevidez, for a Change of Zone, COZ17-0006, from the C-2 (General Business) Zone
District and the R-1 (Low Density Residential) 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 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 plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ17-0006.
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 approved Colorado Department of Transportation
(CDOT) access(es) on the site plan and label with the approved
access permit number, if applicable.
C. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for C-3 (Business Commercial) uses
which shall comply with the C-3 (Business Commercial) Zone
District requirements as set forth in Chapter 23, Article III,
Division 3, of the Weld County Code.
2) Per Section 23-3-220.C.4: One (1) single-family dwelling unit is
allowed when used as living quarters for the proprietor, employees,
caretakers or security personnel responsible for operating,
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maintaining or guarding the property where such dwelling unit is
enclosed within the principal building.
3) The operation shall comply with all applicable rules and regulations
of state and federal agencies and the Weld County Code.
4) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
5) 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.
6) Water service shall be obtained from the North Weld County Water
District or other public water provider.
7) 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.
8) Activity or use on the surface of the ground over any part of the
On -site Wastewater 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
loading detrimental to the structural integrity or capability of the
component to function as designed.
9) 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.
10) 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.
11) 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.
12) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
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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.
13) The historical flow patterns and run-off amounts will be maintained
on the site.
14) 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.
15) 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. 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);
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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 27th day of December, A.D., 2017.
ATTEST: ds,„44)�<
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WEL C U TY, COLOR DO
Julie A. Cozad, Chair
Steve Moreno, Pro -Tern
Deputy Cler "o the Boa EXCUSED
APPR• . A
ou y Attorney
Date of signature: 0/7/7/7g
Sean P. Conway
EXCUSED
Mike Freeman
arbara Kirkmeye
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