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HomeMy WebLinkAbout20002603.tiff RESOLUTION RE: GRANT CHANGE OF ZONE#550 FROM A(AGRICULTURAL) ZONE DISTRICT TO C-3 (COMMERCIAL) ZONE DISTRICT - MIKE CERVI 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 22nd day of November, 2000, at 10:00 a.m. for the purpose of hearing the application of Mike Cervi, do Steve Stencil, Intermill Land Surveying, 1301 North Cleveland, Loveland, Colorado 80537, 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: Lot A of Recorded Exemption #2465; part of the NE1/4 of Section 1, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Steve Stencil, Intermill Land Surveying, 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, specifically (.Goal 1 and (.Goal 2. The site is located adjacent to other industrial uses and will encourage the expansion of the industrial economic base and provide for a variety of employment opportunities for Weld County citizens. b. Section 21.6.2.2 -The uses will be compatible with the surrounding land uses. The Board believes granting this Change of Zone will have a minimal impact on surrounding land uses, which include an Interstate Exchange, commercial and industrial uses, and agricultural. A Site Plan Review will be required prior to any new uses that occur on the property, the intent of which is to provide present and future residents and users of 2000-2603 PL1448 �C pL, ,4pp/ Jr/krind/ Pio ifi- P) CHANGE OF ZONE (COZ#550)- MIKE CERVI PAGE 2 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 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 and service areas and environmental criteria. The Site Plan Review will ensure compatibility with surrounding land uses. c. Section 21.6.2.3 -The applicant is proposing well water for site use and fire protection. 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 21.6.2.4 -The Weld County Department of Public Works reviewed this request and deferred comment regarding access to Colorado Department of Transportation (CDOT) and requested review of any required Site Plan Review. CDOT has agreed to grant access with the location and design to be determined at a later date. 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 not lie within the Airport Overlay, Geological Hazard, or Road Impact District or Flood Plain. 2) Section 21.6.2.5.2 -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 21.6.2.5.3 - 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. Weld County Building Inspection staffs referral received on August 18, 2000, indicated building permits shall be obtained prior to any excavation on site. A soils report and two sets of building and engineered foundation 2000-2603 PL1448 CHANGE OF ZONE (COZ#550) - MIKE CERVI PAGE 3 plans (with registered Colorado Engineer stamp) are required for all building permits. These issues are addressed through Conditions of Approval and will also be 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 Mike Cervi for a Change of Zone from the 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 following notes and information shall be delineated on the Change of Zone plat: 1) The Change of Zone allows for Commercial/Industrial uses which shall comply with the C-3 (Commercial)Zone District requirements as set forth in Section 33.4 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. 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) If applicable, installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. 6) The applicant shall adhere to all Site Plan Review requirements, as defined in Section 23 of the Weld County Zoning Ordinance. 3. 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. 2000-2603 PL1448 CHANGE OF ZONE (COZ#550) - MIKE CERVI PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of November, A.D., 2000. BOARD OF COUNTY COMMISSIONERS Lill WW) COUNTY, C L RADO ATTEST: ����i �� `� S�,&JJ V. r .!'.L. Barbara J. `rkmeyer, Chair Weld County Clerk tot • tut . e, Pro-Tem BY: • _•/� �•• �� �. / Deputy Clerk to the org- E. Baxter O DAST • Dale K. all o my r y u� /Ait4g Glenn V/ad 2000-2603 PL1448 Hello