HomeMy WebLinkAbout20120303.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ11-0001, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT - BIG THOMPSON
INVESTMENT HOLDINGS, LLC
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 1st day of February, 2012, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Big Thompson
Investment Holdings, LLC, 1205 West Elizabeth Street, PMB #134, Fort Collins, Colorado
80521, requesting a Change of Zone, COZ11-0001, from the A (Agricultural) Zone District to the
1-3 (Industrial) Zone District for a parcel of land located on the following described real estate,
to-wit:
Lots A and B of Recorded Exemption #4914; being
part of the W1/2 of Section 23, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Tim Naylor, AGPROfessionals, LLC, 4350
State Highway 66, Longmont, Colorado 80504, 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 -- That the proposal is consistent with the policies of
Chapter 22 of this Code; if not, then that the zoning of the property under
consideration is faulty, or that changing conditions in the area warrant a
Change of Zone.
b. Section 23-2-40.B.2 -- That the uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses.
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c. Section 23-2-40.B.3 -- That adequate water and sewer service can be
made available to serve the site. If the rezoning is approved, the applicant
shall demonstrate, prior to issuance of building permits on the site, that
the water and sewer services are available at the site and are adequate
and appropriate to meet the development requirements.
d. Section 23-2-40.B.4 --That street or highway facilities providing access to
the property are adequate in size to meet the requirements of the
proposed Zone District.
e. Section 23-2-40.B.5 -- That, in those instances where the following
characteristics are applicable to the rezoning request, the applicant had
demonstrated compliance with the applicable standards:
1) Section 23-2-40.B.5.a -- If the proposed Change of Zone is
located within any Overlay District identified by maps officially
adopted by the County, that the applicant has demonstrated
compliance with the County regulations concerning Overlay
Districts. Compliance may be demonstrated in a previous public
hearing or in the hearing concerning the rezoning application.
2) Section 23-2-40.B.5.b -- That the proposed rezoning will not
permit the use of any area known to contain a Commercial Mineral
Deposit as defined by State statutes in a manner which would
interfere with the present or future extraction of such deposit by an
extractor to any greater extent than under the present zoning of
the property.
3) Section 23-2-40.B.5.c -- If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site, that such limitations
will be addressed by the applicant and/or the applicant's
successors or assigns prior to development of the property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Big Thompson Investment Holdings, LLC, for a
Change of Zone, COZ11-0001, from the A (Agricultural) 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 Change of Zone 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. Per Section 23-2-50.6.13 of the Weld County Code, the applicant shall
provide the Weld County Department of Planning Services with evidence
that the hard rock minerals have been purchased and that a Surface Use
Agreement has been negotiated with the mineral interest owner(s).
C. Per Section 23-2-50.B.14 of the Weld County Code, the applicant shall
provide the Weld County Department of Planning Services with evidence
that an agreement, or an attempt to enter into an agreement, has been
made with the Western Mutual Ditch Company.
2. Prior to recording the Site Plan Review (SPR) plat:
A. The drainage plan map shall be amended to show existing and proposed
culverts and/or bridges, overall drainage area boundary, sub-area
drainage boundaries, proposed flow arrows, and the locations of
proposed detention ponds. A general vicinity map, at a scale of 1 inch =
2,000 feet, needs to be included which shows the upstream off-site
drainage areas flowing onto the property.
B. The Drainage Report acreages need to be consistent with acreages
described in the final plat application.
C. Hydrologic computations for on-site and off-site flows. The site must
detain all stormwater runoff generated as a result of the proposed
development. The detention pond(s) must be sized to capture the 100-
year developed on-site runoff and release it at the 5-year historic runoff
rate.
D. The proposed grading shall be provided with the Master Drainage Report.
Please note that grading permits will be required for the construction of
the stormwater system (channels, ponds, swales, etcetera), access
roads, building sites, and any other activities that disturb more than one
acre of ground.
E. If phased construction is proposed, the Master Drainage Report shall
include a Master Drainage Plan for the site that addresses how it will
provide the necessary construction—phase stormwater management to
prevent off-site impacts by stormwater discharges.
F. To protect public safety and prevent off-site damages, sufficient interim
Best Management Practices (detention, erosion, and sediment control)
will need to be designed, approved, and installed prior to commencement
of construction.
G. An On-site and Off-site Geotechnical Soils Report needs to be submitted
that includes a preliminary pavement design for the roads to be
constructed within the property.
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H. The applicant shall submit a grading permit showing: proposed grading,
erosion control placement, typical details for all BMPs to be utilized, 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 final plat
for recording.
The applicant shall enter into an Improvements Agreement for the on-site
and off-site work to be done and submit collateral to and accepted by the
Weld County Board of County Commissioners prior to recording of the
final plat.
J. No Traffic Study was submitted for this Change of Zone application. The
Department of Public Works will defer the traffic study until the submittal
of the Site Plan Review application documents. The detailed Traffic
Study should follow the Traffic Study checklist. Roadway improvements
including, but not limited to, paving of County Road 33 to U.S. Highway
85 (unless access will be from County Road 44), auxiliary lanes, widened
radii, and relocation of accesses may be required by the Weld County
Department of Public Works or the Colorado Department of
Transportation (CDOT). In the absence of a Traffic Study, the
Department of Public Works will determine appropriate triggers for the
roadway improvements that mitigate such issues like site distance and
large trucking traffic volumes. Once the traffic study is submitted,
changes to the site layout, turn lanes, or other improvements may be
required by Public Works or CDOT. The applicant should expect to fully
fund the necessary roadway improvements to mitigate for the traffic
generated by this development.
K. An access permit cannot be granted at this time. Access requirements
will be determined when the Traffic Study is reviewed with the Site Plan
Review application. Access from County Road 44 will require an
easement or purchase of adjacent land and should be established at
Final Plat so that access and off-site requirements by the County or
CDOT may be addressed. If access to County Road 44 is not
established with the Final Plat application, off-site improvements to
County Road 33 may be triggered.
3. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ11-0001.
B. The plat shall adhere to Sections 23-2-50.C and 23-2-50.D of the Weld
County Code.
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C. All recorded easements and rights-of-way shall be shown and
dimensioned on the Change of Zone plat.
D. All approved accesses shall be delineated on the plat.
E. County Road 33 is a local gravel road and requires 60 feet of right-of-way
at full buildout. There is presently a 60-foot right-of-way. This road is
maintained by Weld County. Pursuant to the definition of SETBACK in
the Weld County Code (Section 23-1-90), the required setback is
measured from the future right-of-way line.
F. County Road 44 is an arterial road and requires 140 feet of right-of-way at
full buildout. There is presently a 60-foot right-of-way. This road is
maintained by Weld County. Pursuant to the definition of SETBACK in
the Weld County Code (Section 23-1-90), the required setback is
measured from the future right-of-way line.
G. 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 Section 23-3-330 of the Weld County Code.
2. Any future structures or uses on the site must obtain the
appropriate zoning and building permits.
3. 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.
4. 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: 2006 International
Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2011 National Electrical Code, and
Chapter 29 of the Weld County Code.
5. Effective April 25, 2011, building permits issued on the proposed
lot will be required to adhere to the fee structure of the County-
Wide Road Impact Fee Program.
6. Effective April 25, 2011, building permits issued on the proposed
lot will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee.
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7. 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.
8. 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.
9. With a Site Plan Review submittal, the applicant shall provide a
Master Drainage Report which adequately addresses the
requirements listed in Section 8-11-120 of the Weld County Code.
10. A detailed Traffic Impact Study is required with the Site Plan
Review application. Off-site roadway and/or intersection
improvements may be required.
11. Access requirements will be determined when the Traffic Study is
reviewed with the Site Plan Review application.
12. Prior to recording a Site Plan Review plat, the applicant shall enter
into an Improvements Agreement for on-site and off-site
Improvements. Collateral needs to be submitted to, and accepted
by, the Weld County Board of County Commissioners prior to
recording of the plat.
13. Prior to recording a Site Plan Review plat, the applicant shall
submit a grading permit showing: proposed grading, erosion
control placement, typical details for all BMPs to be utilized, 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.
14. An On-site and Off-site Geotechnical Soils Report needs to be
submitted prior to recording of the Site Plan Review that includes
a preliminary pavement design for the on-site and off-site roads to
be constructed.
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15. To protect public safety and prevent off-site damages, sufficient
interim Best Management Practices (detention, erosion, and
sediment control) will need to be designed, approved, and
installed prior to commencement of construction.
16. All future owners shall be aware of, and adhere to, the 1999 U.S.
Highway 85 Access Control Plan.
17. 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.
18. The owner, and its heirs, successors, or assigns, agrees to notify
adjacent property owners within 500 feet of the property when an
application for a Site Plan Review (SPR) is filed with the County.
H. The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
4. Upon completion of Conditions of Approval #1 through #3 above, 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
Section 23-2-50.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
5. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within sixty (60) 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 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.
6. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) 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 1st day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: et.....2714 _ EXCUSED
Sean P. Co y, Chair
Weld County Clerk to the Board
00notiips, Wi/ m . Garcia, Pro-T-
BY:& x P 7�\�' L . / 4J s�Li . �.
Deputy rk to the Boar, , .p: �_��I A
;1861 Ps%� orb- Kirk'yerr p
I /7 ‘ r David E. Long
o my Attorney c-
Dougl Rademac r
Date of signature: t5-l - I
2012-0303
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