HomeMy WebLinkAbout20090358.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, CZ #1151, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT - KRISTI WALKER
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 11th day of February, 2009, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Kristi Walker,
13550 Granby Street, Brighton, Colorado 80601, requesting a Change of Zone, CZ #1151, 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 #3949; being
part of the NW1/4 of Section 20, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Sheri Lockman, Lockman Land Consulting,
LLC, 36509 County Road 41, Eaton, Colorado 80615, 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. The proposal is consistent with the aforementioned
document as follows:
1) Section 22-1-110.G - The Intergovernmental Agreements, Zoning
and Subdivision Ordinances, Mixed Use Development Area Plans
and Planned Unit Development Plans, Chapters 19, 23, 24, 26,
and 27, are intended to implement and carry out the goals and
policies of Chapter 22.
2) Section 19-12-50.B (Fort Lupton IGA) - Development outside Urban
Growth Area. To the extent legally possible, the County will
disapprove proposals for Urban Development in areas of the
2009-0358
PL198
,. PL, fI; //z1ce,) /P/L, /1e/3 O /7
CHANGE OF ZONE (CZ #1151) - KRISTI WALKER
PAGE 2
municipal referral area outside the urban growth area. The
properties are not located within an Intergovernmental Agreement
(IGA) area (urban growth area). The properties are located with the
three-mile referral area (municipal referral area) for the Town of Fort
Lupton, as defined in the IGA. The City of Fort Lupton municipal
limits are located approximately three (3) miles to the south, and the
IGA boundary is located approximately 2.5 miles to the south of the
site. The City of Fort Lupton, in the referral dated December 5,
2008, state it has reviewed the request and find no conflicts with its
interests.
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 two parcels (Lots A and B of RE -3949) comprise of
approximately 12.3 acres and are located west of and adjacent to the Union
Pacific Railroad, and east of and adjacent to U.S. Highway 85. Lot B
contains an existing Tote -A -Shed business, approved in 1999, through
USR-1227. Lot A is currently vacant. The site to the north is permitted by
USR-1459 for vehicle sales and detailing, approved in 2004. AMUSR-477
is located to the south, for an oil and gas storage facility approved in 1991.
Approximately one -eight of a mile further south, the property was zoned 1-3
through Change of Zone #385, in 1983.
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. The properties will be serviced by commercial wells and septic
systems. Lot B is served by a commercial well (#214858) and an Individual
Sewage Disposal System (SP -9900337). Lot A is currently vacant; however
a commercial/industrial well permit has been issued for the parcel
(#67623-F). An Individual Sewage Disposal System will be installed when
a business is located on the property.
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 Colorado Department of Transportation (CDOT), in the
referral dated December 3, 2008, states it has reviewed the request and the
projected right-of-way for U.S. Highway 85 is 100 feet, either side of the
highway centerline. CDOT also states that it has no comments on the
Change of Zone; however, depending on the future users of the parcel,
there might be concerns about traffic impacts. The Department of Public
Works, in the referral dated December 9, 2008, states County Road 20 is
classified as a local gravel road, requiring 60 feet of right-of-way. All
existing right-of-way, including the documents creating it, will be delineated
on the plat. The plat shall also delineate the access to the site from County
Road 20. The properties are accessed from County Road 20 via a 30 -foot
easement. As a Condition of Approval, the applicant will be required to
provide staff with a copy of a recorded agreement with the owner of the
property which is crossed by the easement to allow for industrial uses.
2009-0358
PL1985
CHANGE OF ZONE (CZ #1151) - KRISTI WALKER
PAGE 3
e. Section 23-2-40.B.5 - The applicant has demonstrated compliance with the
applicable standards:
1) Section 23-2-30.A.5.a - The proposed Change of Zone does not lie
within any overlay district other than the following:
a. Effective January 1, 2003, building permits issued on the lot
will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
b. Effective August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of
the Capital Expansion Impact Fee and the Stormwater/
Drainage Impact Fee Programs.
2) Section 23-2-30.A.5.b - The properties are too small to warrant
mining of any gravel or sand that that may be beneath the surface.
Research has shown that there are no mineral owners associated
with the property.
3) Section 23-2-30.A.5.c - Soil conditions on the site are not such that
they present moderate or severe limitations to the construction of
structures of facilities proposed for the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Kristi Walker for Change of Zone, CZ #1151, 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 plat:
A. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation, as stated in the referral response dated
December 3, 2008. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referrals dated
December 9, and December 10, 2008. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
C. The applicant shall address the requirements and concerns of the Colorado
Division of Water Resources, as stated in the referral response dated
November 18, 2008. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services Landscaping referral, as stated in
2009-0358
PL1985
CHANGE OF ZONE (CZ #1151) - KRISTI WALKER
PAGE 4
the referral response dated November 7, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
E. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated December 5, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
F. The applicant shall submit, to the Weld County Department of Planning
Services, a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress and
egress and shall be referenced on the plat by the Weld County Clerk and
Recorder's reception number.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ -1151.
B. The plat shall adhere to Sections 23-2-50.C and D of the Weld County
Code.
C. All approved recorded accesses and easements shall be shown, in
accordance with County standards, and shall be dimensioned on the
Change of Zone plat.
D. The Colorado Department of Transportation (CDOT) has jurisdiction over
U.S. Highway 85. As stated in the referral dated December 3, 2008, the
projected right-of-way for U.S. Highway 85 is 100 feet from centerline. The
applicant shall show and label the existing and future right-of-way
recognized by CDOT.
E. County Road 20 is designated on the Weld County Road Classification Plan
as a local gravel road, which requires 60 feet of right-of-way at full buildout.
There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of County Road 20 shall be delineated on the plat, including the
documents creating the right-of-way.
F. 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.
G. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for 1-3 uses, which shall comply with the
1-3 (Industrial) Zone District requirements as set forth in Chapter 23,
Article III, Division 4, of the Weld County Code.
2) The existing business on Lot B (Tote -A -Shed, USR-1227) is allowed
to operate as -is until a major change from the plans or Development
2009-0358
PL1985
CHANGE OF ZONE (CZ #1151) - KRISTI WALKER
PAGE 5
Standards as shown on USR-1227 has been determined by the
Department of Planning Services. If a substantial change has been
determined, a Site Plan Review application shall be applied for, and
approved, prior to operation.
3) No land, building, or structure shall be used, changed in use or type
of occupancy, developed, erected, constructed, reconstructed,
moved, or structurally altered or operated, until a Site Plan Review
has been approved by the Department of Planning Services.
4) The operation shall comply with all applicable rules and regulations
of state and federal agencies and the Weld County Code.
5) The site shall maintain compliance at all times with the Design
Standards listed in Chapter 24, Article VII, of the Weld County Code,
if applicable.
6) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
7) 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.
8) Each new building will 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.
9) New buildings shall conform to the requirements of the various
codes adopted at the time of permit application.
10) Activities such as permanent landscaping, structures, dirt mounds,
or other items are expressly prohibited in the septic absorption field
site.
11) Effective January 1, 2003, building permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road
Impact Fee Program.
12) Effective August 1, 2005, building permits issued on the subject site
will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
2009-0358
PL1985
CHANGE OF ZONE (CZ #1151) - KRISTI WALKER
PAGE 6
13) A Weld County Septic Permit is required for any septic system and
shall be installed according to the Weld County Individual Sewage
Disposal (I.S.D.S.) Regulations.
14) Prior to the release of building permits, the lot owner shall verify with
the nearest municipality or Sanitation District to determine the
location of the nearest sanitary sewer line. In accordance with the
Weld County Code, if a sewer line exists within four hundred (400)
feet of the property line, 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. Evidence of
such shall be submitted, in writing, to the Weld County Department
of Planning Services.
15) Water service shall be obtained from an appropriately permitted well.
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 (1)
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) 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.
18) In accordance with the regulations of the Colorado Air Quality
Control Commission, any development which 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.
19) This application is proposing wells as the source of water. The
applicant shall be made aware that while they may be able to obtain
a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited
to specific uses, i.e. commercial use only, etcetera. Also, the
applicant shall be made aware that groundwater may not meet all
drinking water standards, as defined by the Colorado Department of
Public Health and Environment. The applicant is strongly
encouraged to test the drinking water prior to consumption and
periodically thereafter.
2009-0358
PL1985
CHANGE OF ZONE (CZ #1151) - KRISTI WALKER
PAGE 7
20) The property owner shall allow any mineral owner the right of
ingress or egress for the purposes of exploration, development,
completion, re -completion, re-entry, production, and maintenance
operations associated with existing or future operations located on
these lands.
21) Weld County Government personnel 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 Development Standards
stated herein and all applicable Weld County regulations.
22) 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.
23) Pursuant to Chapter 15, Articles I and II, of the Weld County Code,
if 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.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 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 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty
(30) days from the date of the Board of County Commissioners Resolution. 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. 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).
5. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005,
should the plat not be recorded within the required thirty (30) 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.
2009-0358
PL1985
CHANGE OF ZONE (CZ #1151) - KRISTI WALKER
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of February, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COIJNTJY, COLORADO
ATTEST:
Weld County Clerk
BY:
Deputy Cle to the =.ard
VEDAS
ounty Attorney
RM:
Date of signature- (!o?
William F"Garcia, Chair
Douglas Radema
)
Sean P. Conway
David E. Long
her, Pro-Tem
2009-0358
PL1985
Hello