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Home My WebLink About20012803 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Cristie Nicklas 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#: Z-562 APPLICANT: Margaret Ruhge ADDRESS: 12757 Weld County Road 2.5, Brighton, CO 80603 REQUEST: Change of Zone from the A (Agricultural)Zone District to the 1-3 (Industrial)Zone District. LEGAL DESCRIPTION: Part of the S2/NE4 of Section 31, Ti N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to WCR 2 'A, West of and adjacent to Old Highway 85 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 proposed 1-3 Zoning is consistent with the Weld County Comprehensive Plan. The site will encourage the expansion of the industrial economic base and provide for a variety of employment opportunities for Weld County citizens. I. Goal 4 states "Promote industrial development that is appropriately located in relation to surround land uses, and that meets the necessary environmental standards." Surrounding land uses are commercial businesses to the north, agricultural to the east, residential and commercial to the south, and residential to the west. Surrounding properties are zoned 1-3. A railroad and state highway also border the property on the west and east respectively. I. Goal 2 states"Accommodate new industrial development within planned industrial areas. UGB. Goal 2 states " Concentrate urban development in or adjacent to existing municipalities... and maintain urban growth boundary area that provide an official designation between future urban and non-urban uses. Furthermore, the Department of Planning Services staff finds the proposal, with the attached Conditions of Approval, satisfies UGB Goal 3 as stated, "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 Department of Planning Services staff further concurs that UGB Policy 3.1 through 3.5 have been met with this 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. Surrounding land uses include Commercial 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 EXHIBIT 2001-2803 4-S(oa. Resolution Z-562 Margaret Ruhge Page 2 a means whereby orderly and harmonious development is ensured in the County. 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 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. Referral agencies will have the opportunity to further address water and sewer during the Site Plan Review application process. 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 Weld County Public Works Department reviewed this request and indicated several conditions to be implemented regarding paving of the access roads, a drainage study and traffic study. Issues regarding access and right-of-way have been addressed in the Conditions of Approval and Development Standards. These 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 23-2-30.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. The Colorado Geological Survey responded favorably to this request in a referral response dated August 22, 2001. A soils report and two sets of building and engineered foundation plans (with registered Colorado engineer stamp) is required for all building permits. These issues are addressed through Conditions of Approval and will also be a part of the Site Plan Review process. 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 1-3 (Industrial) is conditional upon the following: 1. The change of zone plat map shall be submitted to the Department of Planning Services for Resolution Z-562 Margaret Ruhge Page 3 recording within 60 days of approval by the Board of County Commissioners. 2. Prior to recording the Change of Zone plat: A. The following notes and information 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 Zone District requirements as set forth in Section 23-3-330 of the Weld County Code. (Department of Planning Services) 2) Any signage located on the property shall require building permits and adhere to Section 23-4-100 of the Weld County Code. (Department of Planning Services) 3) The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services. (Department of Planning Services) 4) Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 5) If applicable, installation of utilities shall comply with Article VII, Chapter 24, of the Weld County Code. (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) 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) 8) At the time of the Site Plan Review, a traffic impact study 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) 9) At the time of the Site Plan Review, final roadway plans 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. (Department of Public Works) 10) Weld County Road 2.5 is designated as a local roadway in the Weld County Transportation Plan. The plat shows that the minimum required thirty (30)feet of right-of-way north of the quarter section line has been dedicated. (Department of Public Works) 11) Weld County Road 27 is designated as a collector in the Transportation Plan and will require a minimum of eighty (80)feet of right-of-way. This additional right-of-way shall be delineated on the plat. (Department of Public Works) 12) The US 85 Access Plan requires major intersection improvements due to the reduction in allowed turns at the intersection of US 85 and Weld County Road Resolution Z-562 Margaret Ruhge Page 4 2.5. Additional right-of-way will be required for intersection improvements. A twenty (20)foot reservation for this additional right-of-way will need to be shown on the change of zone plat for both WCRs 2.5 and 27. (Department of Public Works) 13) No additional access points will be granted onto Weld County Road 27. The existing residential access will be re-evaluated based on the future use of the property. At the time of the Site Plan Review, the access points shall be submitted and approved by the Weld County Department of Public Works. (Department of Public Works) 14) Existing sewer and water service on site shall be reviewed by a Registered Professional Engineer for adequacy to serve proposed uses at the time a Site Plan Review application is submitted. Findings of such review shall be made available to the Department of Public Health and Environment. (Department of Public Health and Environment) 3. At the time of the Site Plan Review, the applicant shall work with Colorado Department of Transportation to determine if any off-site road improvements are required. Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nicklas Stephan Mokray John Folsom Lous Llerena Bruce Fitzgerald 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 September 18, 2001. Dated the 18'" day of September, 2001. Voneen Macklin Secretary The Chair asked if there was anyone in the audience who wished to speak with regards to the continuance this application. No one wished to speak. Stephan Mokray moved that Case USR-1350, be continued to October 16,2001. Cristie Nicklas seconded the motion. CASE#: Z-562 APPLICANT: Margaret Ruhge ADDRESS: 12757 Weld County Road 2.5, Brighton, CO 80603 REQUEST: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial)Zone District. LEGAL DESCRIPTION: Part of the S2/NE4 of Section 31, T1 N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to WCR 2'A, West of and adjacent to Old Highway 85 Anne Best Johnson,Department of Planning Services presented Case Z-563,reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. William Warren, applicant representative, provided clarification with regards to the property. Cristie Nicklas asked about the letter from Ms. Pierce and where her property is located. Mr.Warren stated he did not know and that there are no mineral rights on the applicant property. Mrs.Johnson indicated she and Ms. Pierce continue to leave phone messages. Mrs. Johnson further stated she would continue to contact Ms. Pierce. Michael Miller asked about the suggestion of equipment storage. Mr.Warren stated that there has been an interest in the property for equipment storage from adjacent land owners. In order to be able to do this there needed to be a change of zone. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Cristie Nicklas moved that Case Z-562,be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Cristie Nicklas, yes; Bruce Fitzgerald, yes; Luis Llerena, yes. Motion carried unanimously. Case Number: USR-1351 Applicant: Saturn Towing/James Wenfrow 15181 Washington St Broomfield, CO 80020 Request: A Site Specific Development Plan and a Special Review Permit for a use similar to a junkyard/salvage yard (police impound lot) in the A (Agricultural)Zone District EXHIBIT CDZ Hello