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RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) C-1, C-2, C-3, I-1, AND 1-2 - ROCKY MOUNTAIN TRUST, C/O
RUSTY GREEN
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 24th day of June, 1996, at 10:00 a.m. for
the purpose of hearing the application of Rocky Mountain Trust, c/o Rusty Green, P.O. Box
3466, Boulder, Colorado 80307, requesting a Change of Zone from A (Agricultural) to
PUD (Planned Unit Development) C-1, C-2, C-3, I-1, and 1-2 for a parcel of land located on the
following described real estate, to-wit:
SW%of Section 11, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Barb Brunk, Rocky Mountain
Consultants, 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 request is consistent with the Weld County Comprehensive Plan, as
amended. The proposed Planned Unit Development District is located
within the MUD (Mixed-Use Development) Area, and within the Urban
Growth Boundary areas of the Towns of Frederick, Firestone, Dacono
and the Tri-Area Planning Commission.
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CHANGE OF ZONE #499 - ROCKY MOUNTAIN TRUST, C/O GREEN
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b. The uses allowed in the proposed PUD District will conform with the
performance standards stated in Section 35.3 of the Weld County Zoning
Ordinance, as amended.
c. The uses which would be allowed on the subject property by granting the
change of zone request will be compatible with the surrounding land
uses, which include commercial and industrial uses to the west and south
and agricultural to the east.
d. Water will be provided to the site by Central Weld County Water
Conservancy District. Sewer service will be provided by St. Vrain
Sanitation District.
e. Access to the proposed site is from Weld County Road 22.
f. The Planned Unit Development District site is not located within the
Geological Hazard or Airport Overlay Districts. Portions of this site lie in
a Flood Plain.
g. No known commercial mineral deposits are located on the site.
h. Soil conditions on the site are such that they do no present moderate or
severe limitations to the construction 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 Rocky Mountain Trust, c/o Rusty Green,
requesting a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) C-1,
C-2, C-3, I-1, and 1-2 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 within 30 days of approval by the Board of County Commissioners.
2. Prior to recording the plat, the following notes shall be placed on the Change of
Zone plat:
a. A Site Plan Review is required for each lot, in accordance with Section 23
of the Weld County Zoning Ordinance, as amended.
b. A Flood Hazard Development Permit is required for any development in
the flood plain.
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CHANGE OF ZONE#499 - ROCKY MOUNTAIN TRUST, C/O GREEN
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c. The PUD District allows Commercial (C-1, C-2, C-3) and Industrial (I-1,
1-2) land uses and shall comply with the PUD Zone District requirements
as set forth in Section 28 of the Weld County Zoning Ordinance, as
amended. The PUD shall consist of two Commercial/Industrial lots.
d. Any future application shall be reviewed under any adopted changes to
the Weld County Comprehensive Plan, Weld County Subdivision
Ordinance, and the MUD Overlay Design Standards and Regulations.
e. Central Weld County Water District will provide domestic water supply to
the Commercial/Industrial lots.
f. St. Vrain Sanitation District will provide sewage disposal to the
commercial/industrial uses.
g. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
3. No lots will be allowed to access onto Weld County Road 22.
4. The site shall adhere to any regulations with regard to the Colorado Geological
Survey.
5. Prior to any oil and gas drilling on site, a Site Plan Review shall be submitted for
review and approval to the Department of Planning Services. All oil and gas
drilling shall occur in the designated area on the plat.
6. The final plat application shall address the following:
a. The plat shall be amended to show the typical cross section to reflect 24
feet of pavement and six-foot shoulders to match the existing typical
County cross section.
b. A soils investigation report shall be submitted identifying the depth of the
asphalt and base. The typical cross section at 24-foot wide pavement
and six-foot graveled shoulders should be consistent with the existing
width for both the pavement and graveled shoulders to meet the County's
cross section standards.
c. The applicant shall address how each site will detain storm water and
release rate.
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d. A statement describing the revision in progress to the FEMA flood map.
7. The applicant shall submit to the Department of Planning Services one of the
following with respect to the possible oil and gas drilling on the site at the time of
final plat application:
a. The applicant shall submit an agreement with all mineral owners in
regards to future oil and gas drilling on site.
b. The applicant shall provide evidence that adequate accesses to minerals
are being provided and are consistent with State oil and gas regulations
pertaining to spacing and safety.
8. The following note shall be placed on the plat:
a. Every building site shall have a detailed soils and foundation investigation
report prior to the release of building permits.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLD DO Wel444 (,/
Barbara . Kirkmeye , hair
1861 ,: �i
o ty Clerk to the Board
Cz • Georges. Baxter, P o-Tem
-Z-Al
deputy Clerk o the Board
Dale K. Hall
AP D AS TO FOR .
Constance L. Harbert
un y Attorney
W. H. Webster
961144
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