HomeMy WebLinkAbout20083371.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, CZ #1148, FROM A(AGRICULTURAL) ZONE DISTRICT
TO 1-3 (INDUSTRIAL) ZONE DISTRICT - GLAZE INDUSTRIAL PROPERTIES, 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 31st day of December, 2008, at 10:00 a.m.
in the Chambers of the Board for the purpose of hearing the application of Glaze Industrial
Properties, LLC,748 South 13th Avenue, Brighton, Colorado 80601, requesting a Change of Zone,
CZ#1148, 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:
Part of the NW1/4 NW1/4 of Section 20, Township 1
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Michael Glaze, 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 -That the proposal is consistent with Chapter 22 of the
Weld County Code. Section 22-2-150.B (I.Goal 2) states, "Encourage the
expansion and diversification of the industrial economic base." The site is
currently in an area that is supporting industrial/commercial development.
According to the 2007 Fort Lupton Comprehensive Plan, the site is an area
that will support mixed use and employment areas. The City of Fort Lupton,
in its referral dated August 28, 2008, indicated no objection to the Change
of Zone. In 1976, the property to the south was rezoned (COZ #238) to
1-3(Industrial)and is currently being utilized for oil and gas support services.
Approval of this Change of Zone application will require the applicant to
apply for a Site Plan Review for the business.
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
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CHANGE OF ZONE (CZ #1148) - GLAZE INDUSTRIAL PROPERTIES, LLC
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uses. The property is bordered by 1-3 (Industrial) Zoning to the south and
east, and the City of Fort Lupton has annexed the property to the north and
west. In the referral dated August 28, 2008, the City of Fort Lupton
indicated no objection to the proposed Change of Zone.
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 property is serviced by Commercial Well #277800 and an
Individual Sewage Disposal System.
d. Section 23-2-40.8.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
Zone District. The Department of Public Works, in the referral dated
July 22, 2008, stated the site currently has four(4)accesses. The applicant
has closed two of the accesses, with approval by the Department of Public
Works, as stated in the E-mail dated October 27, 2008. The Department of
Public Works also states that County Road 8 is classified as a collector road
requiring 80 feet of right-of-way, and County Road 27 is designated as a
major arterial road requiring 140 feet of right-of-way. Both County Road 8
and County Road 27 are maintained by the City of Fort Lupton. All existing
and future right-of-way, including the documents creating them, will be
delineated on the plat.
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 23-2-30.A.5.a -The proposed Change of Zone does not lie
within an Intergovernmental Agreement Area.
2) Section 23-2-30.A.5.b - The property is too small (0.92 acres) to
warrant mining of any gravel or sand that may be beneath the
surface, as indicated in the Terracon Report dated December 7,
2007.
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 Glaze Industrial Properties, LLC, for Change of Zone,
CZ#1148, 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:
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A. The applicant shall attempt to address the requirements and concerns of the
Weld County Department of Building Inspection, as stated in the referral
response dated July 29, 2008. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
B. The applicant shall attempt to address the requirements and concerns of the
City of Brighton, as stated in the referral response dated August 7, 2008.
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 CZ-1148.
B. The plat shall adhere to Sections 23-2-50.C and .D of the Weld County
Code.
C. All recorded easements shall be shown and dimensioned on the Change of
Zone plat.
D. County Road 8 is designated on the Weld County Road Classification Plan
as a collector road, which requires 80 feet of right-of-way at full buildout.
There is presently 60 feet of right-of-way. A total of 10 feet from the edge
of existing right-of-way for County Road 8 shall be delineated on the plat as
future right-of-way, and the documents creating the right-of-way shall also
be delineated on the plat. This road is maintained by the City of Fort
Lupton.
E. County Road 27 (Denver Avenue) is designated on the Weld County Road
Classification Plan as a major arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way. A
total of 40 feet from the edge of existing right-of-way for County Road 27
shall be delineated on the plat as future right-of-way, and the documents
creating the right-of-way shall also be delineated on the plat. This road is
maintained by the City of Fort Lupton.
F. All accesses approved by the Weld County Department of Public Works
shall be delineated on the plat.
G. The Weld County Right to Farm statement shall be placed on the plat.
H. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for 1-3 (Industrial) Zone 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.
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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) 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.
5) 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.
6) 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, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
7) 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.
8) 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.
9) Prior to the release of building permits, the lot owner shall verify with
the nearest town/city 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.
10) The property owner shall allow any mineral owner the right of
ingress or egress for the purposes of exploration, development,
completion, recompletion, re-entry, production, and maintenance
operations associated with existing or future operations located on
these lands.
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11) 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.
12) The historical flow patterns and runoff amounts will be maintained on
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.
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. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) 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).
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 $50.00 recording continuance
charge shall added for each additional three (3) month period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of December, A.D., 2008.
1' s`=10 £RD OF COUNTY COMMISSIONERS
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ATTEST: id7nekle/ebtAl/. I .-.'3$ s
. . Vfl . Jer e, Chair
Weld County Clerk to the Board `Os rg
1 Sri �..e �j M.-d= , Pro-TernBY: G ' 011
Deput Clerk t he Board
Willi F. Garcia
APPffOD A8 RM: U
r,p / /- �Dawid E. Long /
ounty Attorney �. /Cv r G .-c 11_A
Douglas Ra emacher
Date of signature: i/is/oq
2008-3371
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