HomeMy WebLinkAbout20070674.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE CZ #1132 FROM THE R-5 (MOBILE HOME
RESIDENTIAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT - FRONT RANGE VILLAGE, 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 4th day of April, 2007, at 10:00 a.m. for the
purpose of hearing the application of Front Range Village,LLC,P.O.Box 1008, Platteville,Colorado
80651, requesting a Change of Zone from the R-5(Mobile Home Residential)Zone District to the
C-3(Business Commercial)Zone District fora parcel of land located on the following described real
estate, to-wit:
Part of the SE1/4 SE1/4 SW1/4 of Section 7,
Township 3 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was represented by Larry Carroll, The Carroll Group, Ltd.,
P.O. Box 886, Brighton, Colorado 80601, 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 Section 22-2-170.A (C.Goal 1) states, "Urban
commercial uses will be encouraged when the subject site is located inside
an approved Intergovernmental Agreement area, Urban Growth Boundary
area, Mixed Use Development areas,Urban Development nodes,orwhere
adequate services are currently available or reasonably obtainable."
Section 22-2-110.6(UGB.Goal 2)states,"Concentrate urban development
in or adjacent to existing municipalities, an approved Intergovernmental
Agreement, the Mixed Use Development areas, Urban Growth Boundary
areas, Urban Development nodes,orwhere urban infrastructure is currently
available or reasonably obtainable." The site is located within the
Intergovernmental Agreement area for the Town of Platteville and is
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CHANGE OF ZONE (CZ #1132) - FRONT RANGE VILLAGE, LLC
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proposing to utilize North Weld County Water District and an Individual
Sewage Disposal System.
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 property is located west of, and adjacent to,
U.S. Highway 85,and north of,and adjacent to,Weld County Road 34. The
property to the east and west is zoned A(Agricultural). The Union Pacific
Railroad is located east of U.S. Highway 85. The property to the south is
located within the Town of Platteville and is currently being farmed. The
property to the north is zoned C-3 (Business Commercial) and is being
utilized for commercial uses(Z-124 in 1976 and Z-76 in 1966). The site is
located within the Intergovernmental Agreement area for the Town of
Platteville and the three-mile referral area of the Towns of Gilcrest and
Milliken. The Town of Platteville originally noted,on the Notice of Inquiryform
dated April 13,2006,that it desires to see the property developed through the
Town. In a follow up letter,dated July 3,2006, it is the Town's desire for the
property to develop throughout Weld County. The Town of Platteville, in its
referral dated November 20, 2006, stated they have no concerns with the
application. The Towns of Gilcrest and Milliken, in the referrals dated
October 31, 2006, and October 23, 2006, state that the property is not
located within their Planning Area and/or their Urban Growth Boundary.
Neither Town had conflicts with this application. The site currently has four
mobile homes,three recreational vehicles(RV),one stick built home that is
vacant, a few outbuildings, and some derelict vehicles. Conditions of
Approval require the existing improvements on the site be removed prior to
recording the plat. A Site Plan Review will be required for any commercial
use that is proposed on the site. Items addressed through the Site Plan
Review include, but are not limited to, number of employees, building
construction, signage, landscape treatment, drainage, parking, outside
storage, loading service areas, and environmental criteria. The Site Plan
Review will further ensure compatibility with surrounding land uses.
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 site currently utilizes the Central Weld County Water District
and Individual Sewage Disposal Systems. The existing septic systems on
the site will need to be properly abandoned
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 is accessed from Weld County Road 34 and the frontage
road along the west side of U.S. Highway 85. The referral from the Colorado
Department of Transportation(CDOT),dated October 23, 2006, states the
proximity of the frontage road to U.S. Highway 85 is too close,and increasing
traffic on the frontage road proposes a safety risk. CDOT would rather see
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this frontage road go away completely, and access to the development be
provided at Weld County Road 34. The applicant will be required to submit
evidence that all CDOT requirements and concerns will be addressed prior
to recording the plat.
e. Section 23-2-40.6.5.-The applicant has demonstrated compliance with the
applicable standards:
1) Section 23-2-30.A.5.a. - The proposed Change of Zone does lie
within the Intergovernmental Agreement Area for the Town of
Platteville.
2) Section 23-2-30.A.5.b.-The site is too small to warrant mining of any
gravel or sand that may be beneath the surface; the site is
approximately five (5) acres in size.
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 Front Range Village, LLC for a Change of Zone from the
R-5(Mobile Home Residential)Zone District to the C-3(Business 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 Change of Zone plat:
A. The applicant shall provide evidence to the Department of Planning Services
that all mobile homes, except one, and the RV's and vehicles on the site
have been removed.
B. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection,as stated in the referral response
dated November 20,2006. Written evidence of approval shall be submitted
to the Department of Planning Services.
C. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation, as stated in the referral response dated
October23,2006. 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 Platteville/
Gilcrest Fire Protection District, as stated in the referral response dated
October 31, 2006. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
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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 1, 2006. Written evidence of approval
shall be submitted to the Department of Planning Services.
F. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of written approval shall be
submitted to the Department of Planning Services. The plan shall include,
at a minimum, the following:
1) A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ-1132.
B. The plat shall adhere to Sections 23-2-50.C and D of the Weld County Code.
C. The boundary(perimeter)of the proposed Change of Zone shall be shown
distinctly on the Change of Zone plat.
D. Easements shall be shown in accordance with County standards and shall
be dimensioned on the Change of Zone plat.
E. U.S.Highway85 is designated on the Weld County Road Classification Plan
as a State Highway. The applicant shall coordinate with CDOT for the
requirements for right-of-way and access on U.S. Highway 85,and provide
a letter of confirmation to the Departments of Public Works and Planning
Services. The applicant, on the Change of Zone plat, shall show and label
the right-of-way recognized by CDOT. This highway is paved.
F. Weld County Road 34 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 Weld County Road 34 shall be delineated on the plat as
right-of-way. This road is under the jurisdiction of, and maintained by, the
Town of Platteville.
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G. Weld County's Right to Farm Statement,as provided in Appendix 22-E of the
Weld County Code, 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 C-3 (Business Commercial) uses,
which shall comply with the C-3 Zone District requirements, as set
forth in Section 23-3-230 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) The site shall maintain compliance at all times with the Performance
Standards listed in Section 23-3-250 of the Weld County Code.
4) The site shall maintain compliance at all times with the Design
Standards listed in Chapter24,Article VII,of the Weld County Code,
if applicable.
5) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
6) The applicant shall adhere to all Site Plan Review requirements, as
defined in Chapter 23, Division III, of the Weld County Code.
7) At the time of the Site Plan Review,roadway and grading plans, along
with construction details, will be required.
8) At the time of the Site Plan Review, a drainage report signed by a
professional engineer, licensed in the state of Colorado, may be
required to be submitted to the Weld County Department of Public
Works.
9) Building permits shall be obtained priorto 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.
10) Each 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.
11) Buildings shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following
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have been adopted by Weld County: 2003 International Building
Code, 2003 International Mechanical Code, 2003 International
Plumbing Code,2002 National Electrical Code and Chapter 29 of the
Weld County Code.
12) The facility shall adhere to the maximum permissible noise levels
allowed in the Commercial Zone District, as delineated in
Section 25-12-103, C.R.S.
13) At the time of the Site Plan Review, the Colorado Department of
Transportation will determine if any existing/proposed accesses will
be allowed on U.S. Highway 85.
14) All liquid and solid wastes, as defined in the Solid Wastes Disposal
Sites and Facilities Act,Section 30-20-100.5,C.R.S., shall be stored
and removed for final disposal in a manner that protects against
surface and groundwater contamination.
15) No permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the
definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, Section 30-20-100.5, C.R.S.
16) Waste materials shall be handled, stored, and disposed of, in a
manner that controls fugitive dust,blowing debris,and other potential
nuisance conditions.
17) Fugitive dust shall be controlled on this site.
18) All septic systems located on the property shall be properly
abandoned in accordance with Section 30-7-70 of the Weld County
Code.
19) An Individual Sewage Disposal System is required for the proposed
facility and shall be installed according to the Weld County Individual
Sewage Disposal (I.S.D.S.) Regulations.
20) The septic system is required to be designed by a Colorado
registered professional engineer according to the County-Wide
I.S.D.S. Regulations.
21) In the event washing of vehicles will occur on site,the applicant shall
ensure that any vehicle washing area(s)shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with
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the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
22) The applicant shall submit evidence of an Underground Injection
Control (UIC)Class V Injection Well permit from the Environmental
Protection Agency(EPA)for any vehicle maintenance facility located
on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence from the EPA that they are not
subject to the EPA Class V requirements. (New EPA rule effective
4/5/2000).
23) Effective January 1, 2003, building permits issued on the lot will be
required to adhere to the fee structure of the Weld County Road
Impact Fee Program.
24) 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.
25) 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.
26) Personnel from the Weld County Government 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.
I. 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 one hundred
eighty(180)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 one hundred eighty(180)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.
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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 one hundred eighty(180)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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by the
following vote on the 4th day of April, A.D., 2007.
BODOF COUNTY COMMISSIONERS
W COUNTY, OL DO
ATTEST: .,^ Err/: Gins
" , avid E. Long, Chair
Weld County Clerk to the ,a€ _
Willia a o- em
BY: " A
Deputy Cler to the Boar ' / ,
W' 'a� F.. Garcia
�nD
APP -O AS T ��1
/ Robert D. Masden
ounty At t ney
/r Douglas R demacher
Date of signature: $'7/6 7
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