HomeMy WebLinkAbout20050169 RESOLUTION
RE: GRANT CHANGE OF ZONE,CZ#1065, FROM A(AGRICULTURAL) ZONE DISTRICT
TO 1-3 (INDUSTRIAL) ZONE DISTRICT - ARNHEIM, 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 2nd day of February, 2005, at 10:00 a.m.for
the purpose of hearing the application of Arnheim, LLC, 1575 Weld County Road 27, Brighton,
Colorado 80601, requesting a Change of Zone 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:
Lot B of Recorded Exemption#2050;being part of the
S1/2 S1/2 of the NE1/4 of Section 30, Township 1
North, Range 66 West of the 6th P.M.,Weld County,
Colorado
WHEREAS, the applicant was represented by Paul Gesso, Banks and Gesso, LLC, 720
Kipling Street, Suite 117, Lakewood, Colorado 80215, 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 the policies of
Chapter 22 of the Weld County Code, and changing conditions in the area
warrant a Change of Zone.
b. Section 23-2-40.B.2 -- The uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses.
c. Section 23-2-40.6.3 -- 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.
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CHANGE OF ZONE (CZ#1065) -ARNHEIM, LLC
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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.
e. Section 23-2-40.B.5--The applicant has demonstrated compliance with the
applicable standards as follows:
1) Section 23-2-40.B.5.a--The applicant has demonstrated compliance
with the County regulations concerning Overlay Districts.
2) Section 23-2-40.B.5.b--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.
f. Section 23-2-30.A.1 —The proposed Change of Zone from the A(Agricultural)
Zone District to the 1-3(Industrial)Zone District is consistent with Chapter 19,
Article XII, Coordinated Planning Agreement for the City of Fort Lupton.
Section 19-12-50,titled Planning Coordination, states, "This Agreement is
intended to be a Comprehensive Development Plan adopted and
implemented pursuant to Section 29-20-105(2), C.R.S. Following the
execution of this Agreement by both parties, COUNTY Development
approvals in the MUNICIPALITY'S Referral Area will be processed and
determined in accordance with the following:
Section 19-12-50.B,Development outside Urban Growth Area,states"To the
extent legally possible, the COUNTY will disapprove proposals for Urban
Development in areas of the MUNICIPAL Referral Area outside the Urban
Growth Area."
This application was reviewed utilizing the definitions outlined in the
Intergovernmental Agreement(IGA)for the City of Fort Lupton. By definition,
this application is considered development, as stated in the IGA, "Any land
use requiring regulatory approval by the elected governing body of the
applicable party in the Urban Growth Area...," This is a rezoning from the
A (Agricultural) Zone District to the 1-3 (Industrial) Zone District, and the
possible uses in the 1-3 (Industrial)Zone District include any of those listed
in Section 23-3-330.B. However, there is no water associated with the site
and its small size makes in economically unfeasible for agricultural
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production. As currently zoned there can be no reasonable economic use
of the property and rezoning to the l-3(Industrial)Zone District presents the
only means by which a reasonable economic use can be made of the
property.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Arnheim, LLC, for a Change of Zone 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. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within 60 days of approval by the Board of County
Commissioners.
2. Prior to recording the Change of Zone plat:
A. All sheets of the plat shall be labeled CZ-1065.
B. The plat shall be amended to adhere to Section 23-2-50 of the Weld County
Code.
C. The City of Fort Lupton Transportation Plan indicates Weld County Road 27
as an arterial road with a total of 120 feet of right-of-way. A total of 60 feet
from the centerline of Weld County Road 27 shall be indicated on the plat as
future right-of-way reservation for the expansion of Weld County Road 27.
The applicant shall verify the existing right-of-way and the documents
creating the right-of-way shall be noted on the Change of Zone plat.
D. The applicant shall delineate and label all existing structures on the Change
of Zone plat.
E. The applicant shall do one of the following:
1) The applicant shall provide verification that the existing residence has
been converted into an office and that existing permanent kitchen
facilities have been disconnected.
OR
2) The applicant shall submit a Nonconforming Use application for
review and approval by the Department of Planning Services for the
existing residence if it is still being used as a single family residence.
F. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment. The
Department of Public Health and Environment found two permits for 1571
Weld County Road 27. The applicant shall work with the Department of
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Public Health and Environment to clarify the permits on file and to make sure
the existing septic systems are adequately sized. In the event the system
is found to be inadequate,the system must be brought into compliance with
the current Individual Sewage Disposal System (I.S.D.S.) Regulations.
G. If the applicant is to keep the existing house for residential use and/or outside
office use,the applicant shall provide evidence that the existing commercial
well is appropriately permitted for the existing building, or provide evidence
that another adequate water supply has been obtained.
H. The applicant shall attempt to address the requirements and concerns of the
City of Fort Lupton, as stated in its referral dated September 30, 2004.
Written evidence of such shall be provided to the Department of Planning
Services.
The applicant shall submit a letter to the Department of Planning Services
requesting the vacation of Use by Special Review Permit#1402.
J. The applicant shall submit a Site Plan Review application to the Department
of Planning Services that covers the uses and improvements associated
with Use by Special Review Permit#1402.
K. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for 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 signage located on the property shall require Building Permits
and adhere to Section 23-4-100 of the Weld County Code.
3) The site shall maintain compliance at all times with the requirements
of Weld County Government.
4) Any future structures or uses, or additions to existing structures or
uses, on the site must obtain the appropriate Zoning and Building
Permits.
5) If applicable, installation of utilities shall comply with Chapter 24,
Article VII, of the Weld County Code.
6) The applicant shall adhere to all Site Plan Review requirements, as
defined in Chapter 23, Division 3, of the Weld County Code.
7) At the time of the Site Plan Review, a drainage report signed by a
professional engineer, licensed in the state of Colorado, shall be
submitted to the Weld County Department of Public Works. Upon
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approval of the drainage report by the Department of Public Works,
final drainage construction plans,conforming to the drainage report,
shall be submitted to the Department of Public Works.
8) At the time of the Site Plan Review, final road plans, along with
construction details, shall be submitted to, and approved by, the
Weld County Department of Public Works. These plans shall include
road and intersection improvements, as well as the necessary
right-of-way dedication.
9) At the time of the Site Plan Review, grading plans, along with
construction details, shall be submitted to, and approved by, the
Weld County Department of Public Works.
10) If eventual use of this site would be a major impact, significant
roadway and intersection improvements will be required.
11) This proposed Change of Zone to an industrial use might possibly
contribute significant traffic to the surrounding area, including
U.S. Highway 85. The applicant may be required to participate and
contribute to improvements for the U.S. Highway 85 Highway Access
Control Plan at the Site Plan Review application.
12) At the time of the Site Plan Review,the applicant may be required to
participate and contribute to improvements to the surrounding
transportation infrastructure. The applicant may be required to
submit off-site roadway improvements agreements.
13) At the time of Site Plan Review, the applicant will be required to
prepare a haul route with respect to the proposed development.
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 in a manner
that controls fugitive dust, blowing debris, and other potential
nuisance conditions.
17) Fugitive dust shall be controlled on this site.
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18) The facility shall adhere to the maximum permissible noise levels
allowed in the Industrial Zone District as delineated in
Section 25-12-103, C.R.S.
19) A plan review is required for each building for which a Building Permit
is required. Plans shall include a floor plan, and may be required to
bear the wet stamp of a Colorado registered architect or engineer.
Provide a Code Analysis Date sheet provided by the Weld County
Department of Building Inspection.
20) Fire resistance of walls and openings, construction requirements,
maximum building height,and allowable areas will be reviewed at the
plan review. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
21) New buildings shall conform to the requirements of the codes
adopted at the time of permit application. Currently, the following
codes have been adopted: 2003 International Building Code; 2003
International Mechanical Code;2003 International Plumbing Code;
2003 International Fuel Gas Code;2002 National Electrical Code,and
Chapter 29 of the Weld County Code.
22) Building height shall be measured in accordance with the 2003
International Building Code for the purpose of determining the
maximum building size and height for various uses and type of
construction and to determine compliance with the Bulk
Requirements from Chapter 23 of the Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code
in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the
farthest projection from the building. Property lines shall be clearly
identified and all property pins shall be staked prior to the first site
inspection. Approved building and foundation plans shall be on the
site and available to inspectors for each inspection.
23) Approved on-site storage of adequate water supplies for firefighting
operations shall be provided for all newly constructed buildings on
this parcel.
24) Future development and construction of any new/additional buildings
or structures may require additional means of access to this site
based upon use, construction type, and building size. The Fire
District reserves the right to determine whether additional fire
protection issues will need to be addressed.
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25) Effective January 1,2003, Building Permits issued on the proposed
lots will be required to adhere to the fee structure of the County-Wide
Road Impact Program.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Change of Zone. Acceptable CAD formats are .dwg, .dxf, and
.dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
4. Any further development of the site will require a Site Plan Review. Any
commercial/industrial development must comply with all applicable Weld County
Department of Public Health and Environment, Colorado Department of Public
Health and Environment, EPA and/or Oil and Gas regulations. The
applicant/developer must contact the appropriate agency for more information
regarding the site-specific requirements of each development.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 2nd day of February, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
Ell„, WELD COUNTY, COLORADO
Ida e /1,-( AYE
iabi William H.H. rke, Chair
lerk to the Board
eh, Cr NAY
ciOrt
Deputy Clerk to ' e Board ck &pJ (AYE)
D id . Lo
O ' D A R D (AYE)
Robert D. Mas en
ounty Att rn: .-L 4 i4 l/1,244 t (AYE)
Glenn Vaad C
Date of signature: / AS^
2005-0169
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