HomeMy WebLinkAbout20162093.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ16-0001, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE I-1 (INDUSTRIAL) ZONE DISTRICT - ANDREW HOP
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 13th day of July. 2016, at 10:00 a.m.. in the
Chambers of the Board for the purpose of hearing the application of Andrew Hop, 27294 CR 47.5,
Greeley, CO 80631, requesting a Change of Zone from the A (Agricultural) Zone District to the
I-1 (Industrial) Zone District for a parcel of land located on the following described real estate,
to -wit:
Lot B of Recorded Exemption, RE -4040: being part
of the N1/2 SE1/4 and part of the E1/2 SW1/4 of
Section 13: all in Township 5 North, Range 65 West
of the 6th P M., Weld County.. Colorado
WHEREAS, the applicant was present and represented by Tim Naylor, AGPROfessionals,
3050 67th Avenue, Greeley, CO 80634, and
WHEREAS, Section 23-2-40 of the Weld County Code 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 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 23-2-30.A.1 - That the proposal is consistent with Chapter 22 of
the Weld County.
1) Section 22-2-80.A.2 (I.Policy 1.2) states: "Encourage new industrial
development within existing industrial areas." The proposed
Change of Zone is adjacent (across U.S. Highway 34) from an
existing subdivision for Industrial uses located in the incorporated
limits of the Town of Kersey.
2
Section 22-2-80.A.3 (A.3 I.Policy 1.3) states: "Encourage industrial
development by improving major transportation corridors." The
proposed Change of Zone is located adjacent to an existing
transportation corridor. Weld County Parkway, that is in the process
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of being widened. The site is also adjacent to a state highway (U.S.
Highway 34).
3) Section 22-6-20 (ECON.Policy 3.1) states: "County activities and
regulation should protect the rights of private property owners and
the public health. safety and welfare, recognizing that these basic
rights and protections allow the free market to prosper and grow the
local economy. The applicant is requesting a Change of Zone to
the I-1 Industrial Zone District in accordance with the Change of
Zone process outlined in the Weld County Code. This Industrial
Zone contributes to the growth of the local economy.
4) Section 22-2-70.D (I.Goal 4) states: "All new industrial development
should pay its own way.- The applicant will be responsible for
covering all costs for all on -site and any applicable off -site
improvements associated with this use. as required through the
Improvements Agreement.
5) Section 22-6-20.E (ECON.Goal 5) states: 'Recognize and promote
specific places and resources in the County that can uniquely
support economic development." This Change of Zone will add to
the land suitable for industrial development and support the
economic development of the County. I-1 Industrial Zoning allows
a wide -range of uses that are available to businesses.
6) Section 22-2-80.F (I.Goal 6) states: -Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
Should this Change of Zone be approved, any proposed uses on
the site will require a Site Plan Review or a Use by Special Review
Permit (depending on the use) prior to developing the site. Uses will
need to meet the industrial, operational and design standards
delineated in Sections 23-3-340 and 23-3-350 of the Weld County
Code. These standards address drainage, parking. loading,
setbacks, landscaping and lot coverage, noise, and lighting.
Additionally, the applicant is proposing to rezone the property to
-1 (Industrial). I-1 (Industrial) is the most restrictive land use
category under the industrial zoning classification.
7) Section 23-3-310.A states: "Intent. The purpose of the 1-1
(Industrial) Zone District is to provide a zone to accommodate
industrial uses which create minimal negative visual impacts."
Section 23-2-30.A.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. A single-family residence is located immediately to
the west of the southern parcel proposed to be rezoned. Additionally, a
single-family residence is located on a parcel. owned by the applicant.
adjacent to the southern parcel as well. Another dairy is located to the
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north. An industrial subdivision, within the incorporated limits of the Town
of Kersey, is located to the south. No phone calls or correspondence has
been received from surrounding property owners in regards to this case.
Should this Change of Zone be approved, any proposed uses on the site
will require a Site Plan Review prior to site development. Uses will need to
meet the Industrial standards of the Weld County Code in regards to noise,
lighting, air quality. and property maintenance. Additionally, the
-1 (Industrial) Zone District requires that outdoor storage be screened from
adjacent properties and rights -of -way.
Section 23-2-30.A.3 - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. Septic systems and Central Weld County Water are proposed at
time of development. There are currently Central Weld County Water taps
for the existing dairy operation.
Section 23-2-30.A.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The site is adjacent to an existing State Highway (U.S.
Highway 34) and an existing Arterial Road (Weld County Parkway).
Section 23-2-30.A.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 23-2-30.A.5.a — Both parcels are located outside of the
100 -year floodplain.
2) Section 23-2-30.A.5.b —According to the Geologic Evaluation dated
January 12. 2016, no economically recoverable gravel resources
are at this site.
3) Section 23-2-30.A.5.c — According to the Geologic Evaluation dated
January 12, 2016. light to moderately located industrial structures
could be supported. Deep foundation systems could be considered
if heavier foundation loads are anticipated. An On -site Geotechnical
Soils Report needs to be submitted prior to recording of Site Plan
Review or Use by Special Review that includes a preliminary design
for the roads to be constructed on -site. Additionally, engineered
foundation plans along with a Soils Report or Open -Hole Inspection
Report are required to be submitted with building permit(s).
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Andrew Hop, for a Change of Zone from the
A (Agricultural) Zone District to the I-1 (Industrial) Zone District on the above referenced parcel of
land be, and hereby is, granted subject to the following conditions:
Prior to recording the plat:
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The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
The applicant shall submit a written request signed by the applicant. to the
Department of Planning Services to vacate SUP -457 (530 cow dairy).
The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ16-0001.
2) The plat shall adhere to Section 23-2-50.C and D of the Weld
County Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) The applicant shall specifically indicate on the plat any right-of-way
and/or easements and indicate whether they are dedicated. private,
or deeded and label with recorded document, book and page and/or
reception number to provide adequate access to the parcel.
5) County Road 47.5 is a paved road and is designated on the Weld
County Road Classification Plan as a local road. which requires
60 feet of right-of-way at full buildout. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents
creating the existing right-of-way If the existing right-of-way cannot
be verified, it shall be dedicated. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld
County.
6) Weld County Parkway is a paved road and is designated on the
Weld County Road Classification Plan as an arterial road. which
requires 140 feet of right-of-way at full buildout. The applicant shall
verify and delineate on the plat the future and existing right-of-way
and the documents creating the existing right-of-way. If the existing
right-of-way cannot be verified. it shall be dedicated. All setbacks
shall be measured from the edge of future right-of-way. This road is
maintained by Weld County.
7) Show and label the approved access point(s) and Access Permit
Number, AP16-00109.
8) U.S. Highway 34 requires 100 feet of right-of-way at full buildout.
Existing right-of-way for U S. Highway 34 shall be indicated on the
plat along with the documents creating the right-of-way
Additionally. a total of 100 feet from the centerline of
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U.S. Highway 34 shall be delineated edge of future Right -of -Way
for U.S. Highway 34.
9) Show the approved Colorado Department of Transportation
(CDOT) access point(s) on the plat and label with the approved
Access Permit Number, if applicable.
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for I-1 (Industrial) uses which shall comply with
the I-1 (Industrial) Zone District requirements as set forth in Article III,
Division 5, of the Weld County Code.
B. The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
A Nonconforming Use. under case no. NCU16-0006, has been established
for the existing dairy facility located in part of the E 1/2 SW1 /4 of Section 13,
Township 5 North, Range 65 West. This use is subject to the requirements
of Article VII, of the Weld County Code.
A Nonconforming Use, under case no. NCU16-0007, has been established
for the existing residence located in part of the E 1/2 SW 1/4 of Section 13,
Township 5 North, Range 65 West. This use is subject to the requirements
of Article VII, of the Weld County Code.
A Nonconforming Use, under case no. NCU16-0008, has been established
for the existing dairy facility located on Lot B of Recorded Exemption,
RE -4040, in part of the N 1/2 SW 1/4 of Section 13, Township 5 North,
Range 65 West. This use is subject to the requirements of Article VII. of the
Weld County Code.
A Nonconforming Use. under case no. NCU16-0009, has been established
for the existing single-family residence located on Lot B of Recorded
Exemption, RE -4040, in part of the N 1/2 SW 1/4 of Section 13, Township 5
North. Range 65 West. This use is subject to the requirements of Article VII.
of the Weld County Code.
Any future structures or uses on -site must obtain the appropriate zoning
and building permits.
The property owner or operator shall be responsible for controlling noxious
weeds on the site, pursuant to Chapter 15, Article I and II. of the Weld
County Code.
Water service may be obtained from the Central Weld County Water
District.
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The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by septic systems designed in accordance with
the regulations of the Colorado Department of Public Health and
Environment (CDPHE), Water Quality Control Division and the Weld
County Code in effect at the time of construction. repair, replacement, or
modification of the system.
Language for the preservation and/or protection of the absorption field shall
be placed on the plat. The note shall state: Activity or use on the surface
of the ground over any pad of the OWTS must be restricted to that which
shall allow the system to function as designed and which shall not
contribute to compaction of the soil or to structural loading detrimental to
the structural integrity or capability of the component to function as
designed."
During development of the site. all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions. at the request of the Weld County Department of Public Health
and Environment (WCDPHE), a Fugitive Dust Control Plan must be
submitted.
If land development creates more than a 25 -acre contiguous disturbance.
or exceeds six (6) months in duration. the responsible party shall prepare
a Fugitive Dust Control Plan. submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
The historical flow patterns and runoff amounts will be maintained on the
site.
An Improvements and Road Maintenance Agreement will be required as
part of a Site Plan Review. Use by Special Review. or Subdivision
Application.
P Building Permits shall be obtained prior to the construction of any new
building. A plan review is required for each building. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two (2) complete
sets of plans are required when applying for each permit.
Buildings. equipment and structures shall conform to the requirements of
the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2012 International Building
Code, 2012 International Mechanical Code, 2012 International Plumbing
Code, 2006 International Energy Code, 2012 International Fuel Gas Code,
2014 National Electrical Code. 2009 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
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Building Permits issued on the proposed lot(s) will be required to adhere to
the fee structure of the County -Wide Road Fee Impact Program and the
County Facility Fee and Drainage Impact Fee Programs.
S. Necessary personnel from the Weld County Departments of Planning
Services. Public Works. and Public Health and Environment shall be
granted access onto the property at any reasonable time in order to ensure
the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable
Weld County regulations.
The historical flow patterns and run-off amounts will be maintained on -site.
RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld
County has some of the most abundant mineral resources, including, but
not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of
the Colorado Revised Statutes, minerals are vital resources because (a)
the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of
such deposits; and (c) such deposits should be extracted according to a
rational plan. calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens
of the populous counties of the state. Mineral resource locations are
widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development.
Often times, mineral resource sites are fixed to their geographical and
geophysical locations. Moreover, these resources are protected property
rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code. shall be placed on the map
and recognized at all times.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon
approval of the plat, the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 23-2-50.C and D, of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within one -hundred -twenty
(120) days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee.
4. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within one -hundred -twenty (120) days of approval by the
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Board of County Commissioners. With the Change of Zone plat map. the applicant
shall submit a digital file of all drawings associated with the Change of Zone
Application. Acceptable CAD formats are dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif (Group 4)
(Group 6 is not acceptable).
5. In accordance with Weld County Code Ordinance #2012-3. approved
April 30, 2012. should the plat not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance charge shall added for each additional three (3)
month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of July. A.D.. 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: dattits,t) jd40; 1,k„
Weld County Clerk to the Board
BY:
AP
Attorney
Date of signature: 11Q-11
Mike Freeman, Chair
Sear �Corrvay' Pro-Te
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Julie A. Cozad
Steve Moreno
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