HomeMy WebLinkAbout20010561.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #554 FROM A(AGRICULTURAL) ZONE DISTRICT TO
C-3 (COMMERCIAL) ZONE DISTRICT - JERRY AND MARGARET SAMBER
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 28th day of February, 2001, at 10:00 a.m.
for the purpose of hearing the application of Jerry and Margaret Samber, 37441 Weld County
Road 153, Stoneham, Colorado 80754, requesting a Change of Zone from the A (Agricultural)
Zone District to the C-3 (Commercial) Zone District for a parcel of land located on the following
described real estate, to-wit:
Lots 10, 11, and 12, Block 3 of the Unincorporated
Town of Stoneham, Colorado, being part of Section
5, Township 7 North, Range 56 West of the 6th
P.M., Weld County, Colorado
WHEREAS, the applicant was present at said hearing, 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. While Stoneham is not an incorporated municipality,
the application meets the intent of and is consistent with Sections 22-2-
60.6.1, 22-2-60.6.2, 22-2-60.C.1, and 22-2-60.C.2 of the Weld County
Code. The site is located adjacent to other Commercial/Industrial uses.
The site will encourage the expansion of the economic base, and provide
for a variety of employment opportunities and services for the
neighborhood and citizens of Weld County.
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, and
have a minimal impact on, the surrounding land uses. Surrounding land
uses include limited Commercial and other uses, including a Grain
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CHANGE OF ZONE (COZ#554) - JERRY AND MARGARET SAMBER
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Elevator and a "Pool Hall" which is now closed. A Site Plan Review will
be required prior to any new uses 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 a permitted public water system for
site use and supplemental fire protection. The Weld County Department
of Public Health and Environment has no conflicts with the use of the
existing Individual Sewage Disposal System (I.S.D.S.) on 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 recommends approval of the application. Concerns
regarding parking and drainage on the site may be addressed with
Conditions of Approval and through the Site Plan Review Process.
e. Section 23-2-40.6.5— 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.B.5.a —The proposed Change of Zone does not
lie within the Airport Overlay, Geological Hazard, Road Impact
Fee District or Flood Plain.
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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3) Section 23-2-40.6.5.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. 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 Jerry and Margaret Samber for a Change of
Zone from A (Agricultural) Zone District to the C-3 (Commercial) 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 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the Change of Zone plat:
A. The applicant shall provide the Weld County Department of Public Health
and Environment, as well as the Department of Planning Services,
evidence that the well has been permitted or registered for domestic and
commercial uses.
3. Prior to commencing business, the applicant shall:
A. Provide the Weld County Departments of Public Health and Environment
and Planning Services evidence of compliance with the Colorado Retail
Food Establishment Rules and Regulations.
B. Provide the Weld County Departments of Public Health and Environment
and Planning Services evidence of compliance with the requirements for
a public water system as defined in the Primary Drinking Water
Regulations ( 5 CCR 1003-1).
4. The following notes and information shall be delineated on the Change of Zone
plat:
1) The Change of Zone allows for Commercial uses which shall
comply with the C-3 Zone District requirements as set forth in
Section 23-3-230, Weld County Code.
2) All signs located on the property shall require building permits and
adhere to Article IV (Supplemental District Regulations), Division 2
(Signs) 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,
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Public Health and Environment, Planning Services, and Building
Inspection.
4) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
5) Installation of utilities shall comply with Section Article IX
(Improvements and Variances) Section 24-9-10, Weld County
Code.
6) The applicant shall adhere to all Site Plan Review requirements,
as defined in Division 3 (Site Plan Review) of the Weld County
Code.
7) 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 surface and groundwater contamination.
8) No permanent disposal of wastes shall be permitted at this site.
9) Waste materials shall be handled, stored, and disposed in a
manner that controls fugitive dust, blowing debris, and other
potential nuisance conditions.
10) The facility shall adhere to the maximum permissible noise levels
allowed in the Commercial Zone District as delineated in
Section 25-12-103 C.R.S.
11) Adequate toilet facilities shall be provided for the public.
12) The water system shall maintain compliance with the
requirements for a public water system as defined in the Primary
Drinking Water Regulations (5 CCR 1003-1)
13) The applicant shall maintain compliance with the Colorado Retail
Food Establishment Rules and Regulations.
14) The applicant shall provide Off-Street Parking and adhere to the
American with Disabilities Act (ADA). ADA parking spaces are
twenty (20) feet by eight (8) feet with five (5) foot aisles. At least
one space must be van accessible (eight (8) foot wide aisles). An
accessible path will be required from the building to the public
right-of-way.
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BE IT FURTHER RESOLVED by the Board that the Application for a Tavern Liquor
License for Jerry Samber, dba Deweys, that was pending approval of this Change of Zone, will
be considered on Monday, March 19, 2001, at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of February, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUN Y, COLORADO
Eta
ATTEST: Eiji 4-(//
J. eile, Chair
Weld County Clerk t. e�
�r. EXCUSED
Glenn Vaad, Pro-Tem
Deputy Clerk to the Boa
William H. Jerke
PR ED AS T M: EXCUSED
avi E. Long
my Attorney 1, Ak
Robert D. Masden
•
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