HomeMy WebLinkAbout20041055.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1052 FROM A (AGRICULTURAL) ZONE DISTRICT TO
1-3 (INDUSTRIAL) ZONE DISTRICT - HUNT BROTHERS PROPERTIES, INC.
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 28th day of April, 2004, at 10:00 a.m.for the
purpose of hearing the application of Hunt Brothers Properties, Inc.,c/o Dan Hunt,7321 East 88th
Avenue, Henderson, Colorado 80640, 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:
N1/2 SW1/4 of Section 20,Township 1 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Lauren Light, LANDPROfessionals, LLC,
4311 Highway 66, Suite 4, 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.
c. Section 23-2-40.6.3--That adequate water and sewer service can be made
available to serve the site.
d. Section 23-2-40.6.4--That street or highway facilities providing access to
the property are adequate in size to meet the requirements of the proposed
Zone District.
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CHANGE OF ZONE (COZ #1052) - HUNT BROTHERS PROPERTIES, INC.
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e. Section 23-2-40.6.5 -- 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 23-2-40.6.5.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 Hunt Brothers Properties, Inc.,c/o Dan Hunt,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 pages of the plat shall be labeled CZ-1052.
B. The Plat shall be amended to adhere to Section 23-2-50 of the Weld County
Code.
C. The boundary(perimeter)of the proposed development area must be shown
distinctly on the Change of Zone plat.
D. The Weld County Roadway Classification Plan currently shows Weld County
Road 27 with a classification as a rural area arterial requiring a 130-foot
right-of-way. A total of 65 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
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right-of-way and the documents creating the right-of-way shall be noted on
the Change of Zone plat.
E. Easements shall be shown in accordance with County standards and shall
be dimensioned on the Change of Zone plat.
F. The applicant shall delineate and label all existing structures on the Change
of Zone plat.
G. The applicant shall address the issues previously outlined to the satisfaction
of the Weld County Department of Public Works at the specific step of the
review process stated. The review process will continue only when all
appropriate elements have been submitted. Any issues of concern must be
resolved with the Department of Public Works prior to recording the Change
of Zone plat. Written evidence of approval shall be submitted to the
Department of Planning Services.
H. The applicant shall attempt to address the requirements and concerns of the
City of Fort Lupton, as stated in its referral received December 18, 2003.
Evidence of such shall be provided to the Department of Planning Services.
The applicant shall,in good faith,negotiate an annexation agreement with the
City of Fort Lupton.
The applicant shall attempt to address the requirements and concerns of the
City of Brighton, as stated in its referral received December 29, 2003.
Evidence of such shall be provided to the Department of Planning Services.
J. The West Greeley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on site soils.
K. Written evidence from the Union Pacific Railroad shall be provided indicating
the exact width of the railroad right-of-way within this parcel.
L. The applicant shall accurately delineate all irrigation ditches on the site.
M. The applicant shall submit a complete Non-Conforming Use application for
the existing single family residence located on the property.
N. 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.
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3) The site shall maintain compliance at all times with the requirements
of Weld County Government.
4) Any future 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
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 and construction
details shall be submitted 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 Site Plan Review, grading plans and construction
details shall be submitted 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 zone change 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.85 Highway Access Control
Plan at the Site Plan Review application.
12) 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.
13) 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.
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14) Waste materials shall be handled,stored,and disposed in a manner
that controls fugitive dust, blowing debris, and other potential
nuisance conditions.
15) Fugitive dust shall be controlled on this site.
16) 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.
17) Any septic system that is abandoned must comply with
Section 30-4-20.D of the Weld County Code. The applicant should
contact the Department of Public Health and Environment to update
existing septic permits for those systems that have been abandoned.
18) The existing residence on the property is considered a non-
conforming use and is subject to the requirements of Chapter 23,
Article VII, (Nonconforming Lots, Uses and Structures) of the Weld
County Code.
19) At the time of the Site Plan Review, and prior to release of Building
Permits, the applicant shall submit construction drawings to the
Department of Building Inspection for review and approval.
20) 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. Permits are required to move or demolish any building
currently placed on this property.
21) 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.
22) 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, Residential,
Mechanical, Plumbing and Fuel Gas Codes,2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
23) Building height, protection of walls and openings,and separation of
buildings of mixed occupancy shall be in accordance with the
Building Code. Setback and offset distances shall be determined
according to Chapter 23 of the Weld County Code.
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24) Building height shall be measured in accordance with the 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. When measuring
buildings to determine offset and setback requirements, buildings 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.
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(Wco.weld.co.us.
4. At time of Site Plan Review Application:
A. Any septic system that is abandoned must comply with Section 30-4-20.D
of the Weld County Code. The applicant should contact the Department of
Public Health and Environment to update existing septic permits for those
systems that have been abandoned.
5. 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, Environmental Protection Agency(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.
6. At the time of the Site Plan Review, the applicant shall work with the Colorado
Department of Transportation (CDOT)and the Weld County Department of Public
Works to determine if any off-site road improvements are required.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ise ASIA, N\istc0 - (NAY)
r. Robert D. Masden, Chair
Weld County Clerk to : ���� t�%�� �
� ��pp AL, �( - (AYE)
4zd�f`iz `��� �• William H. :rke, Pro-Tem
BY: ���� 1�' 1 �_'a
Deputy Clerk to the Boar1��r �'�% _ (NAY)
.w. eile�
APP AS TO FP ' : r AYE
David Long
my Attorney � , �� (AYE)
G - nVaad
Date of signature: 5 '
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