HomeMy WebLinkAbout992444.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the app4gation for.
PLANNER: Eric Jerman
CASE NUMBER: Z-529
APPLICANT: Hoshiko Farms, Inc.
ADDRESS: 28607 WCR 50 Kersey, CO 80644
Co
REQUEST: Change of Zone from Agricultural to 1-3
LEGAL DESCRIPTION: Part of the SW4, NW4, Section 29, Township 6 North, Range 65 West of
the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Hwy 85 and approximately % mile south of WCR 66
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 21.4 of the
Weld County Zoning Ordinance, as amended.
2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning Ordinance,
as amended as follows:
A. Section 21.5.1.1 -That the proposal is consistent with the Weld County Comprehensive Plan.
1) A.Goal 1 states "Preserve prime farmland for agricultural purposes which fosters
economic health and continuance of agriculture." While the lot is situated on
farmground labeled as Prime by the United States Department of Agriculture, dated
1979, the lot has been used to store pipe for at least six years and the land is no
longer being used for farming.
B. Section 21.5.1.2-The uses which would be allowed on the subject property by granting the
change of zone will be compatible with the surrounding land uses. Parcels to the south and
west are zoned commercial and industrial. The site has been used historically to store pipe
for Big R manufacturing. The Department of Planning Services believes that the granting of
this change of zone will have a minimal impact on the surrounding land uses.
C. Section 21.5.1.3 -Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district. There will be no additional water
requirements for this site as it will be used principally as a storage area for pipe.
D. Section 21.5.1.4-Street or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone districts. The Weld County Public
Works Department reviewed this request and indicated that the requirements of Site Plan
Review (SPR-188) shall be followed for this site.
EXHIBIT
992444
Go? 45.29
RESOLUTION Z-529
Hoshiko Farms
Page 2
E. Section 21.5.1.5-In those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance with the applicable standards:
1) Section 21.5.1.5.1 -The proposed change of zone does not lie within any overlay
district identified by the maps officially adopted by Weld County.
2) Section 21.5.1.5.2 -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 21.5.1.3-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.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Change of Zone from A(Agricultural) to 1-3 Industrial is conditional upon the following:
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 Zone
District requirements as set forth in Section 34 of the Weld County Zoning
Ordinance. This lot shall not be a separate, build able lot; SE-784 shall adjust the lot
line to include this .9 acre lot with parcel # 0803 29 000102. (Dept. of Planning
Services)
2) Any signage located on the property shall require building permits and adhere to
Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
3) The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department, Weld County Health Department, and the Weld
County Department of Planning Services.
4) If applicable, installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
5) The applicant shall adhere to Site Plan Review-188, with no outside storage on the
newly 1-3 zoned land, or submit an application and pay the appropriate fees to
amend Site Plan Review-188 for the existing pipe fabrication business. Recording
the plat for Z-529 will be contingent on the completion and approval and recording
of the amended Site Plan Review.
RESOLUTION Z-529
Hoshiko Farms
Page 2
6) Any future changes or expansion of this site may require an amendment to
Site Plan Review-188.
Motion seconded by Christie Nicklas.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Jack Epple
Bryant Gimlin
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 21st, 1999.
Dated the 21st of September, 1999.
Trisha Swanson
Secretary
- SUMMARY OF THE WELD COUNTY PLANNING COMMISSSION
September 21, 1999
Page 4
Jack Epple commented that he feels this is probably the best way for both the applicant and the surrounding
property owners to measure what is going on outside the site boundaries.
Arlan Marrs moves to remove Condition N. Bryant Gimlin seconds the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray,no; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas, yes ; Fred Walker, yes.
Motion carried.
Jack Epple moves that Case USR-1243 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards as amended. Stephen Mokray seconds the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas, yes ; Fred Walker,
yes. Motion carried unanimously.
CASE NUMBER: USR-1240
APPLICANT: Cornerstone Evangelical Free Church
PLANNER: Eric Jerman
LEGAL DESCRIPTION: Lot A of RE-1940, Part of the NE4 of Section 12, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for a Church in the Agricultural
Zone District.
LOCATION: South of and adjacent to Highway 60 and approximately 1 mile west of Weld County Road
13.
Eric Jerman, Department of Planning Services, asked that Case USR-1240 be continued until November 2,
1999, at the request of the applicant as they are not able to fulfill the requirements of condition #2 A at this
time. Eric stated that this additional time is requested for the applicant to continue to negotiate with the Town
of Johnstown for sewer service.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Bryant Gimlin moved that Case USR-1240 be continued to November, 2, 1999. Christie Nicklas seconded
the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas, yes ; Fred Walker,
yes. Motion carried unanimously.
CASE NUMBER: Z-529
APPLICANT: Hoshiko Farms, Inc.
PLANNER: Eric Jerman
LEGAL DESCRIPTION: Part of the SW4 of the NW4 of Section 29,T6N, R65W of the 6th P.M.,Weld
County, Colorado.
- REQUEST: Change of Zone from Agricultural to 1-3.
LOCATION: East of and adjacent to highway 85 and approximately 1/2 mile south of Weld.County Road
66.
EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
September 21, 1999
Page 5
Eric Jerman, Department of Planning Services, presented Case Z-529. Eric read the recommendation into
the record and stated that the Department of Planning is recommending approval of the application, along with
the Conditions of Approval.
Bryant Gimlin asked if this property included the bean elevator to the north. Eric stated that there were no
structures on this piece of property.
Dennis Hoshiko, applicant, stated that this 0.9 acre piece of property has been-used for years by Big R and
that they have been farming a 0.9 acre piece of property belonging to Big R. They have a mutual agreement,
but are going through this process to sell the pieces to each other.
Christie Nicklas asked whether the property they were farming was zoned for agriculture. Dennis Hoshiko,
applicant, stated that it is not, but that a large bit of Union Pacific right of way has allowed people to farm the
land for years. Eric stated that the Department of Planning is looking into if it is zoned industrial and possibly
applying for a non-conforming use permit because it has been farmed for years. Eric stated that the applicant
has applied and been approved for lot line adjustment after the change of zone.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The chair asked the applicant if he was in agreement with the Conditions of Approval. Mr. Hoshiko stated he
was in agreement.
Stephen Mokray moved that Case Z-529 be forwarded to the Board of County Commissioners along with the
Conditions of Approval along with the Planning Commissions recommendation of approval. Christie Nicklas
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas, yes ; Fred Walker,
yes. Motion carried unanimously.
CASE NUMBER: Z-531
APPLICANT: Jim and Bonnie Bates I Coalbank Crest Subdivision
PLANNER: Julie Chester
LEGAL DESCRIPTION: Lot B of RE-2279; located in part of the NE4 of Section 33, T7N, R66W of
the 6th P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision Change of Zone for 5 Estate Zoned lots .
LOCATION: West of and adjacent to Weld County Road 31; south of Weld County Road 76.
Julie Chester, Department of Planning Services, presented Case Z-531. Julie read the recommendation into
the record and stated the Department of Planning is recommending that this application be approved with the
Conditions of Approval. Julie clarified that the property must have a separate lot allocated for the road, this
application does not include this lot and the creation of a separate lot decreases the lot size to below the
minimum requirement of 2.5 acres. The Department of Planning Services has recommended two options to
remedy this situation:Apply for an amended Recorded Exemption to increase the original lot size to adequate
size for this five-lot subdivision or decrease the number of lots to four. Julie stated that Conditions of Approval
have been added to this application to address this concern#1 E, F and#3 A.
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