HomeMy WebLinkAbout20012802 RESOLUTION
RE: GRANT CHANGE OF ZONE #562 FROM THE A(AGRICULTURAL) ZONE DISTRICT
TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT - MARGARET RUHGE
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 24th day of October, 2001, at 10:00 a.m.
for the purpose of hearing the application of Margaret Ruhge, 12757 Weld County Road 2.5,
Brighton, Colorado 80603, 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 S1/2 NE1/4 of Section 31, Township 1
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was represented by Bill Warren, 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 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
surrounding 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 areas that provide an official designation between
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CHANGE OF ZONE (COZ#562) - MARGARET RUHGE
PAGE 2
future urban and non-urban uses. Furthermore, the proposal, with the
attached Conditions of Approval, satisfies UGB.Goal 3 which 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." UGB Policies 3.1 through 3.5 have been met with
this proposal.
b. Section 23-2-40.B.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 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. 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 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 23-2-40.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 #562) - MARGARET RUHGE
PAGE 3
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
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 or 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 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 Margaret Ruhge for a 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. 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.
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 the Weld County Departments of Public Works,
Public Health and Environment, and Planning Services.
4) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
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CHANGE OF ZONE (COZ#562) - MARGARET RUHGE
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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) 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.
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.
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.
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.
11) Weld County Road 27 is designated as a collector in the Weld
County 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.
12) The U.S. 85 Access Plan requires major intersection
improvements due to the reduction in allowed turns at the
intersection of U.S. 85 and Weld County Road 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 Weld County
Roads 2.5 and 27.
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 accesses shall be submitted and approved by
the Weld County Department of Public Works.
14) Existing sewer and water service on site shall be reviewed by a
Registered Professional Engineer for adequacy to serve the
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.
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CHANGE OF ZONE (COZ#562) - MARGARET RUHGE
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
ELAATTEST: 9/f!' Lie,
on .
Weld County Clerk to the - ° ilial(l/
WO'Z�
c.p � f Glenn VaadrPtb-Tem
BY: �f _ /
Deputy Clerk to the Board `► ''- -- 1 ' 1 _e
William . erke
APQ A,,-TM:) � D vid E. Long
iL
ot: Attar y
Robert D. Masden
Date of signature: r��3i
2001-2802
PL1563
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