HomeMy WebLinkAbout20040082.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: CZ-1049
APPLICANT: CC Land LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-358; being part of the NW4 Section 22,T6N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural) Zone District to C-3 (Business
Commercial)Zone District.
LOCATION: South of and adjacent to Hwy 392 and east of and adjacent to Hwy 257
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of
the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. -That 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 Department of
Planning Services staff finds the proposal,with the attached Conditions of Approval,
satisfies both UGB Goal 2 and 3. UGB.Goal 2 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.
B. Section 23-2-30.A.2. -The uses which would 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 23-2-30.A.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.
2004-0082
Resolution CZ-1049
CC Land LLC
Page 2
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. The site is
accessed from State Highways 392 and 257. The applicant is being required to submit
evidence that all Colorado Department of Transportation requirements and concerns will
be addressed.
E. Section 23-2-30.A.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 any
overlay district identified by the maps officially adopted by Weld County.
2) Section 23-2-30.A.5.b. -The proposed rezoning does not contain the use of 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 23-2-30.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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from A (Agricultural) to C-3 Business Commercial) is conditional upon the
following:
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 (Department of Planning Services)
B. The vicinity map shall be amended on the plat to adhere to Section 23-2-50.C of the Weld
County Code. (Department of Planning Services)
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. (Department of Planning Services)
D. The boundary (perimeter)of the proposed change of zone shall not include Lot A of RE-
358. The change of zone area must be shown distinctly on the change of zone plat.
(Department of Planning Services)
E. Easements shall be shown in accordance with County standards and shall be
dimensioned on the change of zone plat. (Department of Planning Services, Department
of Public Works)
F. State Highway 392 is classified by the County as a state highway. The applicant shall
coordinate with CDOT the requirements for right-of-way and access on State Highway
392 and provide a letter of confirmation to 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. (Department of Public Works)
Resolution CZ-1049
CC Land LLC
Page 3
.-. G. State Highway 257 is classified by the County as a state highway. The applicant shall
coordinate with CDOT the requirements for right-of-way and access on State Highway
257 and provide a letter of confirmation to 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. (Department of Public Works)
H. The applicant shall coordinate with the railroads the requirements for rights-of-way and
provide a letter of confirmation to Public Works. The applicant, on the change of zone
plat, shall show and label the rights-of-way recognized by the railroads. (Department of
Public Works)
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. (Department of
Public Works)
J. The applicant shall address the requirements (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.
(Department of Planning Services)
L. The property is in violation of Chapter 23 of the Weld County Code (Violation#0200198).
The applicant shall submit a Site Plan Review to the Department of Planning Services for
the existing car dealership. (Department of Planning Services)
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. (Department of Planning Services)
2) The site shall maintain compliance at all times with the requirements of Weld
County Government. (Department of Planning Services)
3) The site shall maintain compliance at all times with the Performance Standards
listed in Section 23-3-250 of the Weld County Code. (Department of Planning
Services)
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. (Department of
Planning Services)
5. Any future structures or uses on site must obtain the appropriate zoning and
building permits. (Department of Planning Services)
6) The applicant shall adhere to all Site Plan Review requirements, as defined in
Chapter 23, Division 3 of the Weld County Code. (Department of Planning
Services)
7) The property owners have entered into an agreement with the Town of Windsor
which 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.
(Departments of Public Works and Planning Services)
Resolution CZ-1049
CC Land LLC
Page 4
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. (Department of Public Works)
9) At the time of the Site Plan Review, roadway and grading plans along with
construction details will be required. (Department of Public Works)
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. (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. (Department of Building Inspection)
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. (Department of Building Inspection)
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; 1998 International Mechanical Code; 1997 International
Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
14) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 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.
(Department of Public Health and Environment)
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, 30-20-100.5 C.R.S., as
amended. (Department of Public Health and Environment)
16) Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
17) Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
18) The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of
Public Health and Environment)
19) The applicant shall provide written documentation that the Town of Windsor will
not provide sewer service before a septic system will be approved for use.
(Department of Public Health and Environment)
C. At time of Site Plan Review:
A. At the time of the Site Plan Review, a professional traffic impact study shall be submitted
to more fully understand the traffic impacts with this change of zone. (Department of
Public Works)
Resolution CZ-1049
CC Land LLC
Page 5
Motion seconded by John Folsom
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on December 2, 2003.
Dated the 2n°of December, 2Q03.
crUSA, PI LC ,
Voneen Macklin
Secretary
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