HomeMy WebLinkAbout20142534.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ14-0004, FROM R-1 (RESIDENTIAL) ZONE
DISTRICT TO C-3 (COMMERCIAL) ZONE DISTRICT - WILLIAM AND TRISHA
MORAN
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 20th day of August, 2014, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of William and Trisha
Moran, 32660 Vista Lake Road, Greeley, Colorado 80631, requesting a Change of Zone from the
R-1 (Residential) Zone District to the C-3 (Commercial) Zone District for a parcel of land located
on the following described real estate, to-wit:
Lot 2 being part of the SW1/4 of the SW1/4 of
Section 9, Township 5 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. - That the proposal is consistent with Chapter 22 of
the Weld County Code.
1) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
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."
2) Section 22-2-100.A.2 (C.Policy 1.2) states: "Encourage new
commercial development within existing commercial areas."
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3) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."
4) Section 22-2-100.E.1 (C.Policy 5.1) states: "Consider the
compatibility with surrounding land uses and natural site features."
The site is located east of and adjacent to C-3 (Commercial) Zoned
property, SPR-199, which is a storage building in Weld County, and
commercial property located within the City of Greeley. C-3 (Commercial)
Zoned properties are located to the north, across 18th Street, from the site
as well. A single family residential subdivision is located to the south of the
site and an undeveloped parcel is located to the east.
B. Section 23-2-40.6.2 - 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 site is located east of and adjacent to
C-3 (Commercial) Zoned property, SPR-199, which is a storage building in
Weld County, and commercial property located within the City of Greeley.
C-3 (Commercial) zoned properties are located to the north, across 18th
Street, from the site as well. A single family residential subdivision is
located to the south of the site and an undeveloped parcel is located to the
east. No referral responses or telephone calls have been received from
surrounding property owners in regards to this case. If the Change of Zone
plat is recorded, a Site Plan Review Application will need to be submitted
and approved for the proposed use (vehicle and equipment storage). The
Site Plan Review process requires the applicant to demonstrate
compliance with the Design and Operation Standards of the Commercial
Zone District. Section 23-3-350 of the Weld County Code states: "uses in
Commercial Zone Districts involving outdoor storage of vehicles,
equipment or materials when permitted shall be screened from public
rights-of-way and all adjacent properties."
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. The site is served by an existing City of Greeley residential water
tap and an existing septic system. Currently, employees arrive at the site to
drop off personal vehicles and pick up work vehicles and equipment. The
application indicates that they do not use the bathroom in the existing
residence on the site. The City of Greeley, in the referral dated
June 19, 2014, is requesting annexation of this property. Annexation is not
required at this time, but if the use expands in the future and necessitates a
new or expanded tap, annexation will be required. Also, annexation will be
required if sewer service is requested in the future from the City of Greeley.
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 site accesses onto 18th Street (U.S. Highway 34) and
18th Street is maintained by the Colorado Department of Transportation.
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The Colorado Department of Transportation stated that they had no issues
with this request in their electronic mail response, dated July 21, 2014.
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 located
within the Greeley-Airport Overlay District. At the time of the site
plan review and construction, any uses will be required to adhere to
the requirements of the Airport Overlay District and in accordance
with the Weld County Code, Article V, Division 1.
2) Section 23-2-40.B.5.b — The site is an existing 4.84-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 — This site is not located within the
boundaries of a Soil Conservation District. The Natural Resource
Conservation Soils Survey Soils Report, submitted with the
application, indicates that the site consists of soils that are defined
as"Not Limited"for small commercial buildings. No building permits
are anticipated at this time but engineered foundation plans, along
with a soils report or open hole inspection report, are required to be
submitted with building permit(s).
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of William and Trisha Moran,for a Change of Zone from the
R-1 (Residential) Zone District to the C-3 (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 applicant shall attempt to address the requirements and concerns of
the City of Greeley, as stated in the referral response dated, June 19, 2014.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ14-0004.
B. The plat shall adhere to Sections 23-2-50.C and .D of the Weld County
Code.
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C. All recorded easements shall be shown and dimensioned on the Change of
Zone plat.
3. The following notes shall be delineated on the Change of Zone plat:
A. 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 5, of the Weld
County Code.
B. The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
C. Any future structures or uses on the site must obtain the appropriate zoning
and building permits.
D. The existing residential building on the site shall be used either as an office,
or as living quarters, for caretakers or security personnel responsible for
maintaining or guarding the property.
E. Water service shall be obtained from the City of Greeley.
F. If the use of the residential building on the site changes to commercial it will
be subject to the raw water surcharge. Compound taps (one service tap
serving multiple buildings) are not allowed. If a commercial tap needs to be
added, annexation to the City of Greeley will be a pre-requisite.
G. 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
(CDPHE), Water Quality Control Division, and the Weld County Code in
effect at the time of construction, repair, replacement, or modification of the
system.
H. Language for the preservation and/or protection of the absorption field
shall be placed on the plat. The note shall state that activities such as
permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the absorption field site.
I. 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 Department of Public Health
and Environment (WCDPHE), a Fugitive Dust Control Plan must be
submitted.
J. 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 (APEN), and apply for a permit from the CDHPE.
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K. A Stormwater Discharge Permit may be required for a development,
redevelopment or construction site where a contiguous or non-contiguous
land disturbance is greater than, or equal to, one (1) acre in area. The
applicant shall contact the Water Quality Control Division of the CDPHE at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
L. A Building Permit and Electrical Permit may be required, per
Section 29-3-10 of the Weld County Code, for any new structures,
additions or renovation to any existing structures. A Building Permit
Application must be completed along with two (2) complete sets of
engineered plans. Material Safety Data Systems sheets for all materials
stored shall be submitted with Building Permit Applications.
M. The structures proposed to have changed uses will require, per
Section 29-3-10 of the Weld County Code, a Commercial Building Permit
for change of use. A code analysis, floor plan and complete set of plans for
any alteration and a structural analysis by a professional engineer may be
required.
N. 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 Building Code;
2012 International Mechanical Code; 2012 International Plumbing Code;
2012 International Fuel Gas Code; 2006 International Energy Code; 2011
National Electrical Code; 2009 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
O. Building Permits issued on the proposed lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
P. Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
Q. Should noxious weeds exist on the property, or become established as a
result of the proposed development, the applicant/landowner shall be
responsible for controlling the noxious weeds, pursuant to Chapter 15,
Articles I and II, of the Weld County Code.
R. The historical flow patterns and runoff amounts will be maintained on the
site.
S. This site is located in a State Designated, Municipal Separate Storm Sewer
System (MS4) Area, which may trigger specific water quality requirements
or other drainage improvements if the lot develops further.
T. 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
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the activities carried out on the property comply with the Conditions of
Approval stated herein and all applicable Weld County regulations.
U. 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 plat
and recognized at all times.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit an electronic version (.pdf), or three (3) paper copies, 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.
4. The Department of Planning Services respectfully requests a digital copy of this
Change of Zone, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal
GeoDataBase (MDB). The preferred format for Images is .tif(Group 4). (Group 6 is
not acceptable). This digital file may be sent to maps@co.weld.co.us.
5. 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 20th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY LORADO
ATTEST: dv ;e1 (ate
DouglasiRademacher, Chair
Weld County Clerk to the Board
E L EXCUSED
I • ` ` arbara Kirkme_y/er, Pro-Tem
r !'•utyClerk o the Bo� �
an P. Conway
•AP O FORM: • --1A-Cent;;---- \
Mike Fre€m
u y Attorney
Wi� . Garcia
Date of signature: 9/4
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