HomeMy WebLinkAbout20031560.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1040 FROM A (AGRICULTURAL) ZONE DISTRICT TO
1-3 (INDUSTRIAL) ZONE DISTRICT - GREAT WESTERN RAILWAY COMPANY OF
COLORADO, 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 18th day of June, 2003,at 10:00 a.m. for the
purpose of hearing the application of Great Western Railway Company of Colorado, LLC,
252 Clayton Street, 4th Floor, Denver, Colorado 80206, 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:
SW 1/4 NW 1/4 and N1/2 NW 1/4 of Section 25; part of
the E1/2 SE1/4 of Section 23; and the SW1/4 of
Section 24,all located in Township 6 North,Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Fred Otis, attorney with Otis, Coan, and
Stewart, LLC, 1812 56th Avenue, Greeley, Colorado 80634, 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 23-2-40.6 of the Weld County Code as
follows:
a. Section 23-2-40.6.1 --The proposed 1-3(Industrial)zoning is consistent with
Chapter 22 of the Weld County Code. The site will encourage the expansion
of the industrial economic base and provide for a variety of employment
opportunities for Weld County citizens. I.Policy 2.4 states, "Promote
industrial development that is appropriately located in relation to surrounding
land uses,and that meets necessary environmental standards." Policy 2.1.
states,"Accommodate new industrial development within planned industrial
areas." 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 is adjacent with the Urban Growth
Boundary to the Town of Windsor as defined in the Weld County Code. The
Town of Windsor's Planning Commission is forwarding a conditional
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CHANGE OF ZONE (COZ#1040) - GREAT WESTERN RAILWAY COMPANY OF
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recommendation of approval on the 1-3(Industrial)zone use as stated in an
e-mail from Joe Plummer dated May 28, 2003.
b. Section 23-2-40.6.2 -- The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. Surrounding land uses include Agricultural and
Industrial uses. A Site Plan Review will be required prior to any Industrial use
occurring on the property. The intent of the Site Plan Review is to"provide
present and future residents and users of land in the County a means
whereby orderly and harmonious development is ensured in the County. The
Site Plan Review process requires additional consideration to ensure that the
uses permitted are established and operated in a manner that is compatible
with existing and planned land uses in the neighborhood. Site Plan Reviews
are designed to protect and promote the health, safety, convenience, and
general welfare of the present and future residents of the County." 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 ensure compatibilitywith surrounding land
uses.
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. Referral agencies will have the opportunity to further address water
and sewer during the Site Plan Review application process. The Town of
Windsor has committed to provide water and sewer as referenced in a letter
dated April 29, 2003, from Rod Wensing, Town Administrator, and Dennis
Wagner, Director of Engineering for Windsor.
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 Weld County Department of Public Works reviewed this
request and indicated several conditions to be implemented at Site Plan
Review regarding transportation and drainage. Issues regarding right-of-way
have been addressed in the Conditions of Approval. Transportation and
drainage items will be required at the time of application for the Site Plan
Review. The Change of Zone plat map will be required to show the
designated right-of-way reservation.
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 proposed Change of Zone does not lie
within any overlay district identified on the maps officially adopted by
Weld County.
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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.
3) Section 23-2-40.B.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. A soils report and two
sets of building and engineered foundation plans (with registered
Colorado engineer stamp) are required for all Building Permits.
These issues are addressed through the Conditions of Approval and
will also be a part of the Site Plan Review process.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Great Western Railway Company of Colorado, LLC,fora
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-1040.
B. Adhere to Section 27-9-20 of the Weld County Code which outlines the
requirements for the Change of Zone plat.
C. Any abandoned septic system 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 permit records if the
system is abandoned.
D. It should be noted that 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 for each development. These items will be required at the time
of application for the Site Plan Review.
E. The following notes and information shall be delineated on the Change of
Zone plat:
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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. The disposal of
domestic sewage sludge, commercial junkyard, and salvage yard
have been eliminated from the uses allowed on this site as stated by
the applicant.
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 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) 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 Fee Program.
8) At the time of the Site Plan Review, drainage issues shall be
addressed. A Final Drainage Report, signed by a professional
engineer licensed in the state of Colorado,along with Final Drainage
Construction and Erosion Control Plans conforming to the Drainage
Report, shall be submitted to, and approved by, the Weld County
Department of Public Works.
9) At the time of the Site Plan Review,transportation and improvement
issues shall be addressed. A professional Traffic Impact Analysis,
Improvements Agreements,and final Roadway and Grading Plans,
along with construction details,shall be submitted to,and approved
by, the Weld County Department of Public Works. These
construction plans shall include roadway and intersection
improvements, as well as the necessary right-of-way dedication.
10) Weld County Road 23 is classified by the County as a collector road
and requires an 80-foot right-of-way between State Highway 392 and
Weld County Road 64.75. The applicant shall verify the existing
right-of-way. The documents creating the right-of-way shall be noted
on the Change of Zone plat, and 40 feet of right-of-way shall be
shown. If the right-of-way cannot be verified, a 40-foot right-of-way
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will be dedicated on the Site Plan Review Plan. Weld County Road
23 is paved between State Highway 392 and Weld County Road
64.75.
11) Weld County Road 66 is classified by the County as a collector road
and requires an 80-foot right-of-way. The applicant shall verify the
existing right-of-way. The documents creating the right-of-way shall
be noted on the Change of Zone plat,and 40 feet of right-of-way shall
be shown. If the right-of-way cannot be verified, a 40-foot
right-of-way will be dedicated on the Site Plan Review Plan. Weld
County Road 66 is paved adjacent to this site.
12) Weld County Road 64.75 is classified by the County as a collector
road and requires an 80-foot right-of-way.The applicant shall verify
the existing right-of-way. The documents creating the right-of-way
shall be noted on the Change of Zone plat,and 80 feet of right-of-way
shall be shown. If the right-of-way cannot be verified, an 80-foot
right-of-way will be dedicated on the Site Plan Review Plan. Weld
County Road 64.75 is paved adjacent to this site.
13) At the time of the Site Plan Review, and prior to release of Building
Permits,the applicant shall submit two sets of construction drawings
that bear the wet stamp of a Colorado registered architect or
engineer, to the Department of Building Inspection for review and
approval.
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.
18) This facility shall adhere to the maximum permissible noise levels
allowed in the 1-3 (Industrial) Zone District as delineated in
Section 25-12-103, C.R.S.
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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�U�, COLORADO
ATTEST: ��i"i Ct ?
' J avid E. Long, Cha` Lr
Weld County Clerk to this. f '� \V�, 1\ J
iii i�`�
BY: Y tJ ^.� .1 ��l RRoo Bert D asden, Pro-Tem
Deputy Clerk to the B t Z/Nt> > Q6„i
M. J. Geileilp �.�
ollat
/� Willis H. Jerke
attorney Attorney . ",/441 Aliet/S
Glenn Vaad
Date of signature: �� 7
2003-1560
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