HomeMy WebLinkAbout20010001.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #552 FROM A(AGRICULTURAL) ZONE DISTRICT TO
1-3 (INDUSTRIAL) ZONE DISTRICT - HOSHIKO FARMS, INC.
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 17th day of January, 2001, at 10:00 a.m.
for the purpose of hearing the application of Hoshiko Farms, Inc., 28607 Weld County Road 50,
Kersey, Colorado 80644, 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:
Part of the NE1/4 NW1/4, and part of the SE1/4
NW1/4, and part of the NW1/4 NW1/4 of Section
29, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado
WHEREAS, the applicant was present, 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 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. In accordance with Section 22-2-
130.D.1, surrounding land uses are primarily industrial with Big R
Industries, Winograd Steel and Platte River Steel adjacent to the site. In
accordance with Section 22-2-130.B.1 and Section 22-2-90.B.1the City of
Greeley reviewed this proposal and indicates the site is located in its
Long Range Expected Growth Area and that an 1-3 zone is consistent
with its Comprehensive Plan." The City of Greeley, however, expressed
a concern for outdoor storage on a portion of this site, and further
recommended an I-1 Zone District on the western portion of this site;
however, there is no support to concur with this recommendation. The
attached Conditions of Approval satisfy Section 22-2-C.1 and Sections
22-2-90.C.2.a through J 22-2-90.C.2.e.
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CHANGE OF ZONE (COZ#552) - HOSHIKO FARMS, INC.
PAGE 2
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. Surrounding land uses include Commercial and
Industrial uses. The road way north of the property is Weld County Road
66 and to the west is State Highway 85. The site is located within a three
(3) mile radius of the City of Greeley and the Town of Eaton. The City of
Greeley reviewed this request and requested a decrease in the intensity
of the I (Industrial) Zone District. The Town of Eaton also reviewed this
request and found no conflicts. 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 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 is proposing water be supplied by North Weld
County Water District. The Weld County Department of Public Health
and Environment had no conflicts with the use of an Individual Sewage
Disposal System (I.S.D.S.) for the site. Referral agencies will have the
opportunity to further address water and sewer during the Site Plan
Review application process.
D. Section 23-2-40.B.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
regarding paving of the access roads, a drainage study and traffic study.
These items will be required at the time of application for the Site Plan
Review. Weld County Road 66 is designated as a collector road on the
Weld County Comprehensive Transportation Plan. Collector roads
require eighty (80) feet of right-of-way. 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:
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CHANGE OF ZONE (COZ#552) - HOSHIKO FARMS, INC.
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1) Section 23-2-40.B.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.B.5.b --The proposed rezoning does not contain
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 or facilities proposed for the site. The
soil on the site is defined as Olney Fine Sandy Loam. As such the
soil has good potential for urban and recreational uses. A Soils
Report and two sets of building and engineered foundation plans,
with a Colorado registered professional 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 Hoshiko Farms, Inc. for a Change of Zone from
A (Agricultural) to 1-3 (Industrial) 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 30 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-
3-300 of the Weld County Code.
2) Any signage located on the property shall require building permits
and adhere to Section 23-4-70 of the Weld County Code.
3) The site shall maintain compliance with the requirements of the
Weld County Departments of Public Works, Public Health and
Environment, and Planning Services at all times.
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CHANGE OF ZONE (COZ#552) - HOSHIKO FARMS, INC.
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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 Section 24-9-
10 of the Weld County Code.
6) The applicant shall adhere to all Site Plan Review requirements,
as defined in Section 23-2-150 of the Weld CountyCode.
7) Weld County Road 66 is designated on the Transportation Plan
Map as a collector road, which requires 80 feet of right-of-way at
full build out. There is presently 80 feet of right-of-way. A total of
40 feet from the centerline of Weld County Road 66 shall be
delineated on the plat.
8) 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.
9) At the time of the Site Plan Review, final roadway plans shall be
submitted to, and approved by, the Weld County Department of
Public Works.
D. At the time of the Site Plan Review, the applicant shall work with the
Colorado Department of Transportation to determine if off-site road
improvements are required.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:Lie
i��`,. lEI1 EXCUSED DATE OF SIGNING (AYE)
M. J. Geile, Ch 'r
Weld County Clerk tot
Glenn Vaad, Pio-T m
BY: % , . . �.!' %,; ♦ _
Deputy Clerk to the �y� % �' `'CAi liV
W it ' H. Jerke
VED AS TO RM: F
Davi E. Lo g
unty A rney E.
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Ro ert D. Masden
2001-0001
PL1465
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