HomeMy WebLinkAbout20040081.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1049 FROM A (AGRICULTURAL) ZONE DISTRICT TO
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - CC LAND, 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 14th day of January, 2004, at 10:00 a.m. for
the purpose of hearing the application of CC Land, LLC, 9050 Highway 392, Windsor, Colorado
80550, requesting a Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial)Zone District for a parcel of land located on the following described real estate,to-wit:
Lot B of Recorded Exemption#358; being part of the
NW 1/4 of Section 22, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by John Holman, Homan Development and
Construction Company, LLC, 1613 Pelican Lakes Point, Windsor, Colorado 80550, 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 the Weld County
Comprehensive Plan. The site will encourage the expansion of the
commercial economic base and provide employment opportunities for Weld
County citizens. C.Goal 2 states, "Encourage the expansion and
diversification of the commercial economic base." The proposal, with the
attached Conditions of Approval, satisfies UGB.Goal 2 which states,
"Concentrate urban development in or adjacent to existing municipalities...
or where urban infrastructure is currently available or reasonably obtainable."
The site lies within the Urban Growth Boundary for the Town of Windsor.
UGB.Goal 3 states,"The County and the municipality should coordinate land
use planning in urban growth boundary areas,including development policies
and standards,zoning,street and highway construction...and other matters
affecting orderly development." The applicant has coordinated with the Town
of Windsor to ensure the Town is in agreement with the proposal.
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CHANGE OF ZONE (COZ#1049) - CC LAND, LLC
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b. Section 23-2-40.B.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 lot is in close proximity or adjacent to the Town
of Windsor on all sides. The Change of Zone area has been reduced to
address concerns raised by the Town. This amended area is currently being
used to display cars from the adjacent car dealership. The applicant has
entered into an agreement with the Town for water and sewer service. The
agreement requires annexation into the Town once certain thresholds are
met. Surrounding land uses include a residence to the east,agricultural to
the north and east,a commercial car dealership to the north, industrial to the
south,and a baseball field and cemetery to the west. A Site Plan Review is
being required for the commercial use that is currently occurring on the
property. 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 applicant has entered into an agreement with the Town of
Windsor for water and sewer service. The agreement requires annexation
into the Town once certain thresholds are met.
d. Section 23-2-40.6.4 -- 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 State Highways 392 and 257. The
applicant is being required to submit evidence that all Colorado Department
of Transportation (CDOT) requirements and concerns will be addressed.
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 23-2-40.6.5.a--The proposed Change of Zone does not lie
within any overlay district identified by the maps officially adopted by
Weld County.
2) Section 23-2-40.6.5.b--The proposed rezoning does not include any
area known to contain a commercial mineral deposit in a manner
which would interfere with the present or future extraction of such
deposit by an extraction to any greater extent than under the present
zoning of the property.
3) Section 23-2-40.6.5.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.
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CHANGE OF ZONE (COZ #1049) - CC LAND, LLC
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of CC Land, LLC, for a Change of Zone from the
A (Agricultural) 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. 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-1049.
B. The vicinity map shall be amended on the plat to adhere to Section 23-2-50.C
of the Weld County Code.
C. The Property Owner's Certificate on the plat shall be amended to read "I
(We),the undersigned,being the sole owners in fee of the above described
property, do hereby certify the zoning as shown on the attached map."
D. The boundary(perimeter)of the proposed Change of Zone shall not include
Lot A of Recorded Exemption #358. The Change of Zone area must be
shown distinctly 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. State Highway 392 is classified by the County as a state highway. The
applicant shall coordinate with CDOT for the requirements for right-of-way
and access on State Highway392 and provide a letter of confirmation to the
Department of Public Works. The applicant, on the Change of Zone plat,
shall show and label the right-of-way recognized by CDOT. This state
highway is paved.
G. State Highway 257 is classified by the County as a state highway. The
applicant shall coordinate with CDOT for the requirements for right-of-way
and access on State Highway 257 and provide a letter of confirmation to the
Department of Public Works. The applicant, on the Change of Zone plat,
shall show and label the right-of-way recognized by CDOT. This state
highway is paved.
H. The applicant shall coordinate with the railroads for the requirements for
rights-of-way and provide a letter of confirmation to the Department of Public
Works. The applicant shall show and label the rights-of-way recognized by
the railroads on the Change of Zone plat.
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The applicant shall address the issues previously outlined to the satisfaction
of the Weld County Department of Public Works. 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.
J. The applicant shall address the requirements or concerns of the Town of
Windsor, as stated in the referral response dated November 7, 2003.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
K. The applicant shall submit evidence of who has the authority to sign for CC
Land, LLC.
L. The property is in violation of Chapter 23 of the Weld County Code
(VI #0200198). The applicant shall submit a Site Plan Review to the
Department of Planning Services for the existing car dealership.
M. 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 site shall maintain compliance, at all times, with the
requirements of Weld County Government.
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 Chapter 24,Article VII,of the Weld County Code,
if applicable.
5) Any future structures or uses on 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 3, of the Weld County Code.
7) The property owners have entered into an agreement with the Town
of Windsorwhich may require annexation prior to development on the
lots. Prior to the release of Building or Septic Permits from Weld
County,the property owner must submit evidence that the proposed
development is not applicable to the agreement or that the Town of
Windsor does not wish to enforce the agreement.
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8) The proposed zone change to a commercial use may possibly
contribute significant traffic to the surrounding area. The applicant
may be required to participate and contribute to improvements to the
surrounding transportation infrastructure at the Site Plan Review
application.
9) At the time of the Site Plan Review,roadway and grading plans,along
with construction details, will be required.
10) 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.
11) 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.
12) 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.
13) New buildings shall conform to the requirements of the codes
adopted at the time of permit application. Currently, the following
codes have been adopted: 1997 Uniform Building Code(UBC); 1998
International Mechanical Code (IMC); 1997 International Plumbing
Code(IPC);2002 National Electrical Code(NEC),and Chapter 29 of
the Weld County Code.
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 Commercial Zone District as delineated in
Section 25-12-103, C.R.S.
19) The applicant shall provide written documentation that the Town of
Windsorwill not provide sewer service before a septic system will be
approved for use.
3. At time of Site Plan Review:
A. A professional traffic impact study shall be submitted to more fully
understand the traffic impacts with this Change of Zone.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of January, A.D., 2004.
IEJL,w BOARD OF COUNTY COMMISSIONERS
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♦ Robert D. Masden, Chair
, lerk to the Board
f William erke, Pro-Tem
BY:
Deputy Clerk to the Board
M. eile
AP V AST
David E. Long
my Attorney v
Glenn Vaad
Date of signature: /c23--O/
2004-0081
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