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HomeMy WebLinkAbout950583.tiffRESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO C-3 (COMMERCIAL) - AGLAND, 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 29th day of March, 1995, at 10:00 a.m. for the purpose of hearing the application of Agland, Inc., 36857 State Highway 14, Briggsdale, Colorado 80611, requesting a Change of Zone from A (Agricultural) to C-3 (Commercial) for a parcel of land located on the following described real estate, to -wit: Lot A of RE #1521, located in part of the SW 1/4 SE 1/4 of Section 21, Township 8 North, Range 62 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Bryant Gimlin, Agland, Inc., 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. The proposal is consistent with the Weld County Comprehensive Plan Agricultural and Commercial Goals and Policies. The commercial use of agricultural land is allowed at appropriate locations along highways in a manner which will not impede traffic flow. The applicant is requesting to make improvements to an existing gasoline station which serves the local agricultural industry as well as the travelling public. Appropriate design standards will be imposed as a part of the site plan review process. 950583 j f}9Jand PL0987 CHANGE OF ZONE - AGLAND, INC. PAGE 2 b. The uses which would be continued on the property by granting the Change of Zone request will be compatible with the surrounding land uses; these include two residences, agricultural production and rangeland. c. Adequate water and sewer service is available to the site. These services are provided by Briggsdale Water Company and a septic system. d. State Highway 14 provides access to the property and is of adequate size to meet the requirements of the Commercial Zone District. e. No overlay districts affect the site. No known commercial mineral deposits are located on the site. The soil conditions on the site are such that they do not present moderate or severe limitations to the construction or improvement of structures or facilities proposed for the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Agland, Inc., requesting a Change of Zone from A (Agricultural) to C-3 (Commercial) 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. g. 2. Prior to recording the Change of Zone plat: a. The following note shall be placed on the plat: A site plan review is required for this site in accordance with Section 23 of the Weld County Zoning Ordinance. b. The plat shall be amended to show a 75 -foot right-of-way reservation north of the centerline of State Highway 14. 3. Prior to any improvements or construction activity taking place on this site, existing soils below the storage tanks which have been or will be excavated shall be tested for contamination to determine if off -site disposal of these soils is required. 950583 PL0987 CHANGE OF ZONE - AGLAND, INC. PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of March, A.D., 1995. BOARD OF COUNTY COMMISSIONERS COUNTY, CO •RA O ATTEST: Weld County Clerk to the Board BY. e/RiJ4' eputy Clerk to the Board APP ) AS TO FO unt A orney c Dale K. Hall, Chairman Fxrl isFn Barbara J. Kirkmeyer,ro-Te�mm �j /.fir Georg Baxter Constance L. Harbert v—pcausEn W. H. Webster 950583 PL0987 Hello