HomeMy WebLinkAbout20131671.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ13-0001, FROM R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT TO 1-3 (INDUSTRIAL) ZONE DISTRICT - WAKE,
LLLP
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 3rd day of July, 2013, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Wake, LLLP, 801 8th
Street, #220, Greeley, Colorado 80631, requesting a Change of Zone from the R-1 (Low -
Density Residential) Zone District to the 1-3 (Industrial) Zone District for a parcel of land located
on the following described real estate, to -wit:
Being part of the E1/2 of Section 32, Township 6
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was present, and represented by A. Bruce Johnson, 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 23-2-40.6.1 - The proposal is consistent with Chapter 22 of the
Weld County.
1) Sec. 22-2-80.A (I.Goal 1) states: "Promote the location of
industrial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas, as defined in municipalities'
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably
obtainable."
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2) Section 22-2-80.A.1 (I.Policy 1.1) states: "Ensure that adequate
industrial levels of services and facilities are currently available or
reasonably obtainable to serve the industrial development or
district."
3) Section 22-2-80.A.2 (I.Policy 1.2) states: "Encourage new
industrial development within existing industrial areas."
4) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
5) Section 22-2-80.F.2 (I.Policy 6.2) states: "Support the use of
visual and sound barrier landscaping to screen open storage
areas from residential uses or public roads."
6) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments."
7) Section 22-2-80.C.2 (I.Policy 3.2) states: "The land use applicant
should demonstrate that the roadway facilities associated with the
proposed industrial development are adequate in width,
classification and structural capacity to serve the development
proposal." The proposed area to be rezoned is immediately
adjacent to 1-3 Industrial Zoned property to the west and is
approximately 600 feet to the west of an existing industrial use. It
is also located approximately 1/4 mile from the municipal
boundaries of the City of Greeley and is approximately 1/2 mile to
the east of (and directly accesses via O Street) U.S. Highway 85.
O Street is classified as an arterial road and there are existing
industrial uses that access onto to O Street to the west of this
property. This site is also located within the Urban Growth
Boundary for the City of Greeley. Single family residences are
located to the north and east of the property. Any proposed use on
the property will require a Site Plan Review Application that will be
administratively reviewed by the County, as well as outside
referral agencies. The Department of Planning Services is
requiring a note on the Change of Zone plat stating that screening
and buffering from adjacent uses may be required at the time a
Site Plan Review Application is submitted.
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 proposed 1-3 Industrial Zoning to the west is
compatible with this Change of Zone request. Single family residences
are located to the north and east of the property. Any proposed use on
the property will require a Site Plan Review Application that will be
administratively reviewed by the Count, as well as outside referral
agencies. The Department of Planning Services is requiring a note on the
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Change of Zone plat stating that screening and buffering from adjacent
uses may be required at the time a Site Plan Review Application is
submitted.
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 application indicates that any future development of the site
can be served by the North Weld County Water District, provided it meets
the requirements of the district. North Weld County has indicated, in
writing, that it is able to provide water service to the property, provided all
of the requirements of the district are satisfied. Individual septic systems
are proposed for future uses on the site. There is no exact timeframe
when this property will be developed. Evidence of adequate water and
sewer is required to be provided at the time of Site Plan Review.
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. O Street directly accesses U.S. Highway 85. The Colorado
Department of Transportation will review proposed developments at the
site plan review/final plan stage to determine if additional
requirements/improvements will be required in regards to access onto US
Highway 85. This site is located within the Urban Growth Boundary for the
City of Greeley. Future development of the property shall adhere to the
right-of-way requirements of the City of Greeley for O Street. The edge of
future right-of-way for O Street, in accordance with the future right-of-way
requirements of the City of Greeley, shall be indicated on the Change of
Zone plat.
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 site plan
review/construction any uses will be required to adhere to the
requirements of the Airport Overlay District (Article V, Division 1 —
Weld County Code). A portion of the property, at the far south end
of the property, is in the floodplain and would require a Flood
Hazard Development Permit if any construction occurs in the
floodplain.
2) Section 23-2-40.B.5.b — A mineral resource statement has been
prepared by a professional geologist that states, in their opinion,
there are no extractable aggregate resources on this site.
3) Section 23-2-40.6.5.c — This site is not located within a Soil
Conservation District. The Natural Resource Conservation Soils
Survey Soils Report submitted with the application indicates that
the majority of the site (66.5%) consists of soils that are defined as
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"Not Limited" for commercial buildings. An On -site Geotechnical
Soils Report needs to be submitted prior to recording of the Final
Plat or Site Plan Review that includes a preliminary design for the
roads to be constructed on -site. Additionally, 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 Wake, LLLP, for a Change of Zone from the R-1
(Low -Density Residential) Zone District to the 1-3 (Industrial) 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/concerns of the
City of Greeley, as stated in the referral response dated April 25, 2013.
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 COZ13-0001.
B. The plat shall adhere to Section 23-2-50.C and D of the Weld County
Code.
All recorded easements shall be shown and dimensioned on the Change
of Zone plat (reception # - book and page).
D. The City of Greeley indicated, in the referral dated April 25, 2013, that
given the proximity to the City and that the fact that the site is located
within its Urban Growth Boundary, the amount of right-of-way shall be
consistent with City of Greeley standards to facilitate the site's eventual
integration into urban scale development. County Road (CR)64 (O Street)
is designated by the City of Greeley as a minor arterial road, which
requires 100 feet of right-of-way at full buildout. There is presently 60 feet
of right-of-way. An additional 40 feet from centerline of CR 64 (O Street)
shall be delineated on the plat as future CR 64 right-of-way. All setbacks
shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-
of-way and this information shall be noted on the plat. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained by Weld
County.
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E. Weld County's 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.
F. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for 1-3 (Industrial) uses, which shall
comply with the 1-3 (Industrial) 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) Screening and/or buffering from adjacent uses may be required at
the time of Site Plan Review.
5) With a Final Plat or Site Plan Review submittal, the applicant will
need to provide a Master Drainage Report, which adequately
addresses the requirements listed in Section 8-11-120 of the Weld
County Code.
6) A detailed Traffic Impact Study is required with the Final Plat or
Site Plan Review Application. Off -site roadway and/or intersection
improvements may be required.
7) Access requirements will be determined when the Traffic Study is
reviewed with the Final Plat or Site Plan Review Application.
8) Prior to recording a Final Plat or Site Plan Review Plat, the
applicant may be required to enter into an Improvements
Agreement for on -site and of -site Improvements. Collateral needs
to be submitted to, and accepted by, the Weld County Board of
County Commissioners prior to recording of the plat.
9) Prior to recording a Final Plat or Site Plan Review Plat, the
applicant needs to submit a Grading Permit showing the proposed
grading, erosion control placement, and a Construction
Stormwater Permit from the Colorado Department of Public Health
and Environment. The permit must be stamped by a registered
professional engineer licensed in the State of Colorado. Please
note that the Grading Permit will not be released until the
applicant has signed the Improvements Agreement, posted
collateral, and submitted the Site Plan Review plat for recording.
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10) An On -site Geotechnical Soils Report needs to be submitted prior
to recording of the Final Plat or Site Plan Review that includes a
preliminary design for the roads to be constructed on -site.
11) Flood Hazard Development Standard -A portion of the site is
located in the 100-year/500-year flood plains.
12) Water service shall be obtained from the North Weld County
Water District.
13) This subdivision is in rural Weld County and 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.
14) 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, a Fugitive
Dust Control Plan must be submitted.
15) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than
five (5) acres of land must incorporate all available and practical
methods that are technologically feasible and economically
reasonable in order to minimize dust emissions.
16) A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous
or non-contiguous land disturbance is greater than, or equal to,
one acre in area. The applicant shall 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.
17) Activities, such as landscaping (i.e. planting of trees and shrubs)
and construction (i.e. auxiliary structures, dirt mounds, etc.) are
expressly prohibited in the designated absorption field site.
18) A Weld County Septic Permit is required for the proposed
business septic system and shall be installed according to the
Weld County Individual Sewage Disposal (Systems (I.S.D.S.)
Regulations. The septic system is required to be designed by a
Colorado registered professional engineer. Please note, the lot
owners shall verify with the nearest Town/City or Sanitation
District to determine the location of the nearest sewer line. In
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accordance with the Weld County Code, if a sewer line exists
within 400 feet of the property and the sewer provider is willing to
serve the proposed structure, a septic permit cannot be granted
by the Weld County Department of Public Health and
Environment.
19) Building permits may be obtained prior to the construction of any
new building. A plan review is required for each building. Plans
may bear the wet stamp of a Colorado registered architect or
engineer. Two (2) complete sets of plans are required when
applying for each permit.
20) Each new building may require an engineered foundation based
on a site -specific Geotechnical Report or an Open Hole Inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
21) 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, 2006 International Energy
Code, 2012 International Fuel Gas Code, 2011 National Electrical
Code, 2003 ANSI 117.1 Accessibility Code, and Chapter 29 of the
Weld County Code.
22) Building Permits issued on the property will be required to adhere
to the fee structure of the County -Wide Road Fee Impact
Program.
23) Building Permits issued on the property will be required to adhere
to the fee structure of the County Facility Fee and Drainage
Impact Fee programs.
24) 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
25) The historical flow patterns and runoff 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 runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm
runoff.
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26) 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. With the Change of Zone plat map, the applicant shall submit a digital file of all
drawings associated with the Change of Zone application. 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 3rd day of July, A.D., 2013.
ATTEST: S "
Weld County_lerk to the Board
BY:
Deputy Cle
County Attorney
Date of signature: IJUL 3 0 2113
BOARD O NTY COMMISSIONERS
WELCOLORADO
L
William
arbara Kirkmeyer,
Douglas Rademacher, Pro -Tern
Sean P. Conway
Mike Freeman
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