HomeMy WebLinkAbout20031428.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#1034 FROM R-5 (MOBILE HOME RESIDENTIAL)ZONE
DISTRICT TO A (AGRICULTURAL) ZONE DISTRICT - GEORGE S. REYNOLDS
ESTATE, C/O MARGARET REYNOLDS, AND GEORGE S. REYNOLDS II
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 18th day of June,2003, at 10:00 a.m.for the
purpose of hearing the application of George S. Reynolds Estate, do Margaret Reynolds, and
George S. Reynolds II, P.O. Box 675, Longmont, Colorado 80501, requesting a Change of Zone
from the R-5(Mobile Home Residential)Zone District to the A(Agricultural)Zone District fora parcel
of land located on the following described real estate, to-wit:
NE1/4SE1/4,E1/2NE1/4,and partofthe NW1/4NE1/4
of Section 30, Township 3 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Tom Haren,AGPROfessionals, LLC,4311
Highway 66, 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.B.1 --The proposed A (Agricultural) Zoning is consistent
with the Weld County Comprehensive Plan. A.Policy 1.1 states,"Agricultural
zoning will be established and maintained and promote the County's
agricultural industry. Agricultural zoning is intended to provide areas for
agricultural activities and other uses interdependent upon agriculture." There
has historically been a feedlot facility located on this property and a dairy
facility is proposed for this property through Use by Special Review Permit
#1405. Dairy facilities are uses that are interdependent upon agriculture.
b. Section 23-2-40.6.2 -- The uses which would be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. Surrounding land uses include agricultural and
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CHANGE OF ZONE (COZ#1034) - GEORGE S. REYNOLDS ESTATE, C/O MARGARET
REYNOLDS / GEORGE S. REYNOLDS II
PAGE 2
residential uses. An existing dairy facility(Colorado Dairy)is located east of
and adjacent to this site. The site is adjacent to agricultural land to the north
and west, as well as land located within the floodplain of the St.Vrain River
to the south. Grandview Estates Subdivision, within the Town of Mead, is
located approximately one-quarter mile north and west of the site, north of
Highway66. There is a pending Use by Special Review Permit for a dairy on
this property. The Development Standards, Conditions of Approval, and
Operations Standards for said Use by Special Review permit, should it be
approved,will effectively mitigate any adverse impacts to surrounding areas.
c. Section 23-2-40.6.3 -- Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed Zone
District. The property is located within the service areas for the St. Vrain
Sanitation District and the Little Thompson Water District. The St. Vrain
Sanitation District and the Little Thompson Water District have indicated that
they are capable of providing water and sewer services to the property for the
existing uses and for the proposed dairy facility.
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 property borders and accesses off of State Highway 66. The
Colorado Department of Transportation (CDOT) did not provide a referral
response for this application. However,the applicants are applying for Use
by Special Review Permit #1405 for a dairy operation on this property
concurrent with this Change of Zone application. CDOT, in its referral
response for Use by Special Review Permit#1405,received March 5,2003,
indicated that a new access permit would be required if traffic volumes for
the proposed dairy facility exceed the historic traffic volumes for the prior
feedlot operation.
e. Section 23-2-40.B.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 southeastern portion of the property is
located within the 100-year floodplain. Any building within the
100-yearfloodplain will require a Flood Hazard Development Permit.
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, Area 3.
2) Section 23-2-40.B.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.
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CHANGE OF ZONE (COZ #1034) - GEORGE S. REYNOLDS ESTATE, C/O MARGARET
REYNOLDS / GEORGE S. REYNOLDS II
PAGE 3
3) Section 23-2-40.B.5.c-Soil conditions on the site are such that they
do not present moderate or severe limitations to the construction of
structures of facilities proposed for the site. A Soils Report and two
sets of building and engineered foundation plans, with a Colorado
registered engineers stamp, are required for all Building Permits.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of George S. Reynolds Estate,c/o Margaret Reynolds,and
George S. Reynolds II,fora Change of Zone from the R-5(Mobile Home Residential)Zone District
to the A(Agricultural)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-1034.
B. The plat shall adhere to Section 27-9-20 of the Weld County Code which
outlines the requirements for the Change of Zone plat.
C. The Change of Zone plat shall include the following:
1) The existing and future right-of-way for State Highway 66.
D. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for uses which shall comply with the
A (Agricultural) Zone District requirements as set forth in
Section 23-3-10 through Section 23-3-50 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 on 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.
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CHANGE OF ZONE (COZ#1034) - GEORGE S. REYNOLDS ESTATE, CIO MARGARET
REYNOLDS / GEORGE S. REYNOLDS II
PAGE 4
6) 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.
7) 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.
8) Waste materials shall be handled,stored,and disposed in a manner
that controls fugitive dust, blowing debris, and other potential
nuisance conditions.
9) Fugitive dust shall be controlled on this site.
10) The facility shall adhere to the maximum permissible noise levels
allowed in the Light Industrial Zone District as delineated in
Section 25-12-103, C.R.S.
11) The installation of any septic system within the 100-year floodplain
shall comply with the Weld County Individual Sewage Disposal
System(I.S.D.S.)Floodplain Policy. In accordance with the State of
Colorado I.S.D.S. Regulations, no septic system shall be installed
within the floodway.
12) A Plan Review is required for each building for which a Building
Permit is required. 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.
13) Buildings shall conform to the requirements of the various codes
adopted at the time of permit application. Currently,the following has
been adopted by Weld County: 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) 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.
15) Building height shall be limited to the maximum height allowed per
UBC Table 5-B. Wall and opening protection and limitations shall be
in accordance with UBC Table 5-A. Separation of buildings of mixed
occupancy classifications shall be in accordance with UBC
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CHANGE OF ZONE (COZ#1034) - GEORGE S. REYNOLDS ESTATE, CIO MARGARET
REYNOLDS / GEORGE S. REYNOLDS II
PAGE 5
Table 3-B and Chapter 3. Setback and offset distances shall be
determined by Chapter 23 of the Weld County Code.
16) Building height shall be measured in accordance with the 1997 UBC
forthe purpose of determining the maximum building size and height
for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter27 of the Weld
County 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.
17) A Flood Hazard Development Permit shall be submitted for buildings
constructed within the 100-year floodplain.
18) Effective January 1,2003, Building Permits issued on the lot will be
required to adhere to the fee structure of the County-Wide Road
Impact Fee Program.
19) The site shall maintain compliance with the Weld County Code at all
times.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUN Y, COLORADO
ATTESTadi
vid E. Lo , Chair
Weld County Clerk to t B.: Tt, -a}
ga/ ,�`�� Robert D. s en, Pro-T m
BY: A?oL ' ��
Deputy Clerk to the Board
M. J. eile
le,, /
APP AS
APOVFD AS TO •"'
Willie . Jerk
my Aherne
lenn Vaad,
Date of signature:
2003-1428
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