HomeMy WebLinkAbout970236.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE #503 FROM A (AGRICULTURAL) TO PUD (PLANNED
UNIT DEVELOPMENT) ALLOWING C-3 AND I -I USES - WESTERN DAIRYMEN
COOPERATIVE, INC., C/O PICKETT ENGINEERING 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 5th day of February, 1997, at 10:00 a.m.
for the purpose of hearing the application of Western Dairymen Cooperative, Inc., c/o Pickett
Engineering Company, 210 Bank One Plaza, Greeley, Colorado 80631, for Change of
Zone #503 from A (Agricultural) to PUD (Planned Unit Development) allowing C-3 and I-1 uses
for a parcel of land located on the following described real estate, to -wit:
A tract of land located in the N1/2 of Section 10, Township 2
North, Range 68 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Kris Pickett, Pickett Engineering
Company, and
WHEREAS, Section 28.8 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 recommendations 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 28.5 et seq., of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 28.8 of the Weld County Zoning
Ordinance as follows:
A. The proposed Change of Zone is consistent with the intent of the Weld
County Comprehensive Plan, including Planned Unit Development, Mixed
Use Development Area, and Commercial and Industrial Development
Goals and Policies.
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1. I.Goal 4 states: "Promote industrial development that is
appropriately located in relation to surrounding land uses, and that
meets necessary environment standards." This proposal for
Commercial (C-3) and Light Industrial uses (I-1) is compatible
with surrounding land uses. Directly north of the site is property
designated as regional commercial and employment center in the
Weld County Comprehensive Plan which would allow for
commercial and industrial uses, with residential and commercial
properties to the east of the site. Other surrounding land uses
include agricultural to the south and reclaimed gravel pits to the
west and southwest.
The western edge of the site lies within the 100 -year floodplain as
defined by FEMA mapping. The applicant has designated this
portion of the site as open space with a maximum of 25 percent
being developed. The applicant will need to address common
open space further in the Final PUD Plan submittal.
2. C.Goal 1 states: "Encourage the expansion and diversification of
the commercial economic base." This proposal includes
Commercial (C-3) uses which will provide economic opportunity
for County residents as well as aid in diversifying the County's
commercial economic base.
3. C.Goal 3 states: "Ensure that adequate public services and
facilities are available to serve the commercial development or
district." The development will be serviced by the St. Vrain
Sanitation District for sewage disposal. Left Hand Water District
will provide an adequate water supply. The development lies
within the Mountain View Fire Protection District.
4. MUD.Goal 1 states: "To plan and to manage growth within the
1-25 Mixed Use Development Area and Urban Development
Nodes so as to balance relevant fiscal, environmental, aesthetic,
and economic components of the area." The applicant has
designed this development to consist of both Commercial (C-3)
and Industrial (I-1) uses which is compatible with the surrounding
land uses and proposed land uses. The development will be
encouraged to utilize innovative siting and design features to
preserve the portions of the property located within the floodplain
and to use the reclaimed gravel pits as an enhancement to the
development. All landscaping shall adhere to the landscaping
requirements in Ordinance No. 191.
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B. The uses which would be allowed in the proposed Planned Unit
Development will conform with the Performance Standards of the
Planned Unit Development District contained in Section 35.5 of this
Ordinance.
C. The uses which would be permitted shall be compatible with the existing
or future development of the surrounding area which include agricultural
production, residential, gravel mining, and commercial and industrial
developments. In addition, through the PUD Final Plan and Site Plan
Review processes, design standards (landscaping, parking, signage,
etc.) will be adequately evaluated.
Adequate water and sewer service will be made available to the site to
serve the uses permitted within the proposed Planned Unit Development
District. The development will be serviced by the St. Vrain Sanitation
District for sewage disposal. The Left Hand Water District will provide
water service.
E. Street or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone district. The
applicant will need to address street and highway facilities which provide
access to the development as well as the internal roadway system in
relation to the standards set forth in Ordinance No. 191. The applicant
has indicated a willingness to meet all standards as set forth in Ordinance
No. 191 concerning the design of the roadways within the PUD District.
The final design of the roadways will be addressed with the PUD Final
Plan application review.
F. The applicant has complied with the applicable requirements contained in
Section 21.5.1.5 of the Weld County Zoning Ordinance as follows:
1. The proposed development lies within the Flood Hazard Overlay
District. Conditions of Approval address this issue. This
development also lies within the Mixed Use Development Area.
The applicant is aware of the updated plan, Ordinance No. 191, to
this area. The applicant may be subject to additional
requirements of the plan upon its adoption by the Board of County
Commissioners.
2. The proposed development will not permit 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 extractor to any greater extent than under the
present zoning of the property.
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3. Soil conditions on the site are not such that they present severe
limitations to the construction of structures or facilities proposed
for the site. The Colorado Geological Survey reviewed this
proposal and made comments concerning the construction within
the proposed PUD Zone District, and the comments are
addressed in the Conditions of Approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Western Dairymen Cooperative, Inc., do Pickett
Engineering Company, for Change of Zone #503 from A (Agricultural) to PUD (Planned Unit
Development) allowing C-3 and I-1 uses 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. The submittal of the PUD Final Plan shall include all the information requested
by Don Carroll of the Weld County Public Works Department in the memo dated
November 27, 1996.
3. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Sections 28.5.2
and 28.5.3 of the Weld County Zoning Ordinance.
4. The PUD Change of Zone is conditional upon the following and that each be
placed on the Change of Zone plat as notes prior to recording:
A. The PUD District allows for Commercial (C-3) and Industrial (I-1) uses
and shall comply with the PUD Zone District requirements as set forth in
Section 28 of the Weld County Zoning Ordinance. The PUD shall consist
of a maximum of 27 lots. The PUD District shall comply with the PUD
Zone District requirements as set forth in Section 28 of the Weld County
Zoning Ordinance.
B. The PUD shall be serviced by Left Hand Water District and the St. Vrain
Sanitation District.
The site shall maintain compliance at all times with the requirements of
the Weld County Public Works Department, Mountain View Fire
Protection District, Weld County Health Department, Colorado
Department of Transportation, U. S. Army Corps of Engineers, Colorado
Geological Survey, St. Vrain Sanitation District, Left Hand Water District,
and the Weld County Sheriff's Department.
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D. The site shall maintain compliance at all times with the Flood Hazard
Overlay District standards.
E. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
F. Outdoor storage shall be screened from public rights -of -way and adjacent
properties.
The PUD Final Plan submittal shall adhere to all regulations/requirements
in the approved MUD Ordinance No. 191.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 1997.
ounty Attorry
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
'George?Baxter, Chair
71
tance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
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