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HomeMy WebLinkAbout20001854.tiff RESOLUTION RE: GRANT CHANGE OF ZONE #546 FROM R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT TO 1-3 (INDUSTRIAL) ZONE DISTRICT - J QUARTER CIRCLE COMPANY 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 30th day of August, 2000, at 10:00 a.m. for the purpose of hearing the application of J Quarter Circle Company, do Bruce Johnson, 801 8th Street, #220-I, Greeley, Colorado 80631, requesting a Change of Zone from the R-1 (Low Density Residential) 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 N1/2 of Section 32, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Bruce Johnson, A. Bruce Johnson and Associates, and WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance 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 21.7 et seq., of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.6 of the Weld County Zoning Ordinance as follows: a. Section 21.6.2.1 - The proposal is consistent with the Weld County Comprehensive Plan. I.Goal 1 states, "Encourage the expansion and diversification of the industrial economic base," and (.Goal 2 states, "accommodate new industrial development within planned industrial areas." The proposal is consistent with these goals, as the site is located adjacent to other Industrial uses, at the fringe of the City of Greeley. The site will encourage the expansion of the industrial economic base and provide for a variety of employment opportunities for Weld County citizens. e c .' PZ 4,0,82 XXE p) Pit; ///('sp) 2000-1854 PL1428 CHANGE OF ZONE (COZ #546) - J QUARTER CIRCLE COMPANY PAGE 2 b. Section 21.6.2.2 - 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 Platte River Steel, Winograd's, Monson Brother's Produce, a welding shop, detail shop, steel fabricating, Michelin Tire Company, Warren Analytical Laboratory, and Producer's. There are ten to fifteen residences which are located approximately one- half to one-quarter of a mile from the property lines; however, there is a deep draw with many large trees, which provide for a natural buffer between the proposed industrial uses and the residential properties. A Site Plan Review will be required prior to any new uses that occur 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. 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 21.6.2.3 -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 domestic water and water for fire protection to be supplied by the North Weld County Water District and irrigation water provided by an existing well. The Weld County Department of Public Health and Environment has 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 21.6.2.4 - 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 64 ("O" Street) is designated as a local road on the Weld County Comprehensive Transportation Plan. Local roads require sixty (60) feet of right-of-way. The Change of Zone plat map will be required to show the designated right-of-way. 2000-1854 PL1428 CHANGE OF ZONE (COZ#546) - J QUARTER CIRCLE COMPANY PAGE 3 e. Section 21.6.2.5 - In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: 1) Section 21.6.2.5.1 - The proposed Change of Zone does lie within the Airport Overlay District and the flood plain. Conditions of Approval address any conflict with these overlay districts. 2) Section 21.6.2.5.2 - The proposed rezoning does not include 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 21.6.2.5.3 - Soil conditions on the site do not present moderate or severe limitations to the construction of structures or facilities proposed for the site. The Weld County Department of Building Inspection referral dated June 23, 2000, indicates building permits shall be obtained prior to any excavation on site. A soils report and two sets of building and engineered foundation plans (with a 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 J Quarter Circle Company for a Change of Zone from the R-1 (Low Density Residential) 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 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 (Industrial) Zone District requirements as set forth in Section 34 of the Weld County Zoning Ordinance. 2) Any signage located on the property shall require building permits and adhere to Section 42.2 of the Weld County Zoning Ordinance. 2000-1854 PL1428 CHANGE OF ZONE (COZ#546) - J QUARTER CIRCLE COMPANY PAGE 4 3) The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, 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) All construction or improvements occurring in the flood plain as delineated on FIRM Community Panel Maps 080266-005 and 080266-0628C, dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Section 26 of the Weld County Zoning Ordinance. 6) The installation of any septic system within the 100-Year Flood Plain shall comply with the Weld County I.S.D.S. Flood Plain Policy. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. 7) If applicable, installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. 8) The applicant shall adhere to all Site Plan Review requirements, as defined in Section 23 of the Weld County Zoning Ordinance. 9) Weld County Road 64 ("O" Street) is designated on the Transportation Plan Map as a local road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of- way. A total of 30 feet from the centerline of Weld County Road 64 shall be delineated on the plat. This road is maintained by Weld County. B. The applicant shall obtain proper Department of Army permits or amendments to a permit for any work associated with the Change of Zone that requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States, which may include streams, open water lakes and ponds or wetlands at this site, from the Department of the Army, Corps of Engineers, pursuant to Section 404 of the Clean Water Act. C. A Weld County septic permit is required for any proposed septic system. The septic system shall be installed according to the Weld County I.S.D.S. regulations. 3. The applicant shall address any requirements of the Federal Aviation Administration (FAA). 2000-1854 PL1428 CHANGE OF ZONE (COZ#546) - J QUARTER CIRCLE COMPANY PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of August, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLO DO ATTEST: 1 V 1I jjj� �v . arbara J. K' eyer, Chair Weld County Clerk to the r1.1 O"1� �� �� p ^''• i e, ro-Ter} BY: 4�.ri G6 ., y ',��4` fC Deputy Clerk to the r a-F AV "\\. George . Baxter APP1 OVED AS T • EXCUSED Dale K. Hall C ty AttorneyAra-u-vt Glenn Vaad t 2000-1854 PL1428 Hello