HomeMy WebLinkAbout20172911.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ17-0005, FROM THE PUD (PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT TO A (AGRICULTURAL) ZONE DISTRICT - LISA
BEILMAN, C/O BOB CHRISTIE
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 30th day of August, 2017, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Lisa Beilman, P.O. Box
355, Oakland, FL 34760, c/o Bob Christie, P.O. Box 322, Oakland, FL 34760, requesting a
Change of Zone, COZ17-0005, from the PUD (Planned Unit Development) Zone District to the A
(Agricultural) Zone District for a parcel of land located on the following described real estate, to -
wit:
Lot B of Recorded Exemption, RE -3685; being part
of the S1/2 of Section 5, 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 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 - The proposal is consistent with Chapter 22 of the
Weld County Code.
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
property is currently vacant land and the applicant is proposing to
construct one single-family residence that will be served by the
North Weld County Water District and individual on -site wastewater
treatment systems for sewer (OWTS).
2) Section 22-2-120.C (R.Goal 3) states: "Consider the compatibility
with surrounding land uses, natural site features, nearby
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CHANGE OF ZONE (COZ17-0005) - LISA BEILMAN, O/O BOB CHRISTIE
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municipalities' comprehensive plans and general residential growth
trends when evaluating new residential development proposals."
The site is a 55 -acre lot which has no structures. The land was
zoned PUD under case PZ-1099, in 2005. The current buyer would
like to construct a single-family residence and does not want to
complete the PUD that was started in 2005.
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 uses proposed are residential and agricultural.
These uses are compatible with the surrounding land uses.
C. Section 23-2-40.6.3 - 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 and an individual septic system will provide sewage
disposal for the 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 referral comments from the Weld County Department of
Public Works, dated April 4, 2017, did not indicate any concerns with the
adequacy of County Road 15.
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. — 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 55 -acre property.
Earth Engineering Company, Inc., reviewed the site for mineral
resource potential and stated in their analysis that there do not
appear to be any economically recoverable resources on the
subject property.
3) Section 23-2-40.6.5.c. — The use on the subject property will allow
the owner to build a single-family residence. The Fort Collins
Conservancy District referral agency comments dated June 11,
2017, indicated no concerns.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lisa Beilman, do Bob Christie, for a Change of Zone
from the PUD (Planned Unit Development) 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:
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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 COZ17-0005.
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 15 is a paved road and is designated on the Weld
County Functional Classification Map 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.
5) Show and label the approved access(es) (AP17-00338).
C. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for A (Agricultural) uses and shall
comply with the A (Agricultural) Zone District requirements as set
forth in Chapter 23, Article III, Division 1, of the Weld County Code.
2) The property owner 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 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 August 30, 2017.
5) The property owner shall control noxious weeds on the site.
6) The historical flow patterns and runoff amounts will be maintained
on the site.
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7) Water service may be obtained from the North Weld County Water
District.
8) The parcel is not currently 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.
9) Activity or use on the surface of the ground over any part of the
On -site Wastewater Treatment System (OVVTS) 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.
10) 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.
11) 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, 2014 National Electrical Code, 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County
Code.
12) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact,
County Facility Fee, and Drainage Impact Fee Programs.
13) 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.
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
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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) 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.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 30th day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COTY, COLORADO
ATTEST: datiltd4) jeist4;iA
Weld Co my Clerk to the Board
BY:
APP
ounty Attorney
Date of signature: 1O/412611
ec'cte
Nar
Steve Moreno, Pro-Tem
can P. Conway
e Freeman
arbara Kirkmeyer
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