HomeMy WebLinkAbout20142327.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ14-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO 1-3 (INDUSTRIAL) ZONE DISTRICT - BIG THOMPSON INVESTMENTS
HOLDINGS, LLC
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 August, 2014, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Big Thompson
Investments Holdings, LLC, P.O. BOX 273180, Fort Collins, Colorado 80527, requesting a
Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District for a
parcel of land located on the following described real estate, to-wit:
Lot A of Recorded Exemption, RE-4915; being part
of the S1/2 SE1/4 of Section 35, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by AGPROfessionals, LLC, 3050 67th
Avenue, Suite 200, Greeley, Colorado 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.B.1 - The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-80.A Industrial Development Goals and Policies
(I.Goal 1) states: "Promote the location of industrial uses within
municipalities, County Urban Growth Boundary areas,
Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipalities' comprehensive
plans, the Regional Urbanization Areas, Urban Development
Nodes, along railroad infrastructure or where adequate services are
currently available or reasonably obtainable."
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CHANGE OF ZONE (COZ14-0003)- BIG THOMPSON INVESTMENTS HOLDINGS, LLC
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2) Section 22-2-80.A.1 (I.Policy 1.1) states: "Ensure that adequate
industrial levels of services and facilities are currentlyavailable or
reasonably obtainable to serve the industrial development or
district" (I.Policy 1.2) states: "Encourage new industrial
development within existing industrial areas."
3) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
The proposed Change of Zone would change the zoning of a lot
that borders a Planned Unit Development (PUD), Union Colony
Industrial Park, for C-3 (Commercial) uses, and I-1, 1-2 and 1-3
(Industrial) uses on the north, west and east. The Greeley-Weld
Airport is located to the west of the site. Additionally, an annexation
petition has been submitted to the City of Greeley for a proposed
industrial use for the property to the south of this site. The size of
the parcel (4.32) acres is not consistent with the existing
A (Agricultural) zoning minimum lot size of 80 acres. Given the site
is surrounded on three sides by commercial/industrial property and
is planned for future annexation to the City of Greeley, Industrial
zoning is appropriate for this property.
B. Section 23-2-30.6.2 - The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The parcel to be rezoned is surrounded by an
existing Commercial/Industrial PUD, Union Colony Industrial Park, on the
east, north and west and the parcel to the south is in the process of
annexing to the City of Greeley to be developed as an Industrial site.
C. Section 23-2-30.B.3 - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The parcel is currently served by the North Weld County Water
District. A pre-annexation agreement has been drafted between the City of
Greeley, Triton Water Disposal Services, LLC, and Peckham Development
Corporation. The City of Greeley has agreed to supply water and sewer to
this property as a condition of the pre-annexation agreement.
D. Section 23-2-30.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone district. The site accesses onto County Road (CR) 62, a local paved
road. Per the Weld County Department of Public Works, future
development shall utilize the existing access onto CR 62.
E. Section 23-2-30.6.5 - In those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards:
1) Section 23-2-30.6.5.a -At the time of site plan review/construction
any uses will be required to adhere to the requirements of the
Airport Overlay District, Article V, Division 1, of the Weld County
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Code. The Greeley-Weld Airport, in the referral dated
March 19, 2014, indicated that a height limit of fifty (50) feet needs
to be set for structures.
2) Section 23-2-30.B.5.b — A geology report prepared by a
professional engineer indicates that commercially recoverable
gravel resources were not identified at the site.
3) Section 23-2-30.B.5.c—The site is located within the West Greeley
Soil Conservation District. On-site soil limitations are identified as
"slight" according to the West Greeley Soil Conservation District
referral dated March 24, 2014. A soils report or open hole
inspection report will be required to be submitted for any future
building permits on the site. This recommendation is based, in part,
upon a review of the application materials submitted by the
applicant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Big Thompson Investments Holdings, LLC, for a Change
of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. 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.
B. The applicant shall address the conditions of the Greeley-Weld County
Airport Authority, as stated in the referral dated March 24, 2014. Written
evidence of such shall be provided to the Department of Planning Services.
C. The applicant shall submit documentation from the City of Greeley
indicating that water service is available.
D. There is a single-family residence located on the property. This is not an
allowed use under 1-3 (Industrial) zoning. The applicant shall do one of the
following:
1) Complete and submit a Nonconforming Use of Structures
application to the Department of Planning Services.
OR
2) Convert the residence into an accessory structure. The applicant
shall submit evidence to the Department of Planning Services that
the kitchen facilities have been removed and any septic systems
have been disconnected from the accessory building for storage
purposes.
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OR
3) Remove the residence with appropriate demolition permit.
E. Submit a copy of the signed and executed pre-annexation agreement
between the City of Greeley, Peckham Development Corporation and
Triton Water Disposal Services, LLC.
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ14-0003.
B. The plat shall adhere to Section 23-2-50.C and D of the Weld County Code.
C. All recorded easements shall be shown and dimensioned on the Change of
Zone plat.
D. CR 62 is designated on the Weld County Road Classification Plan as a
local paved road, which requires sixty (60) feet of right-of-way at full
buildout. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be noted on
the plat. All setbacks shall be measured from the edge of future
right-of-way. If the right-of-way cannot be verified, it shall be dedicated.
This road is maintained by Weld County.
3. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for 1-3 (Industrial) uses which shall comply with
the 1-3 (Industrial) Zone District requirements as set forth in Chapter 23,
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.
C. With a Final Plan or Site Plan Review submittal, the applicant may be
required to provide a Master Drainage Report which adequately addresses
the requirements listed in Section 8-11-120 of the Weld County Code.
D. A detailed Traffic Impact Study may be required with the Final Plan or Site
Plan Review application. Off-site roadway and/or intersection
improvements may be required.
E. Access requirements will be determined when traffic is reviewed with the
Final Plan or Site Plan Review application.
F. Prior to recording a Final Plan or Site Plan Review Plan, the applicant may
be required to enter into an Improvements Agreement for Improvements.
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G. An on-site Geotechnical Soils Report may need to be submitted prior to
recording of the Final Plan or Site Plan Review that includes a preliminary
design for the roads to be constructed on-site.
H. Water service shall be obtained from the City of Greeley.
If this parcel is not served by a municipal sanitary sewer system, sewage
disposal shall 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.
J. Activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etc.) activities are
expressly prohibited in the designated absorption field site.
K. 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, a Fugitive Dust Control Plan must be submitted.
L. If land development exceeds six (6) months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution
Emissions Notice (APEN), and apply for a permit from the CDPHE.
M. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous
land disturbance is greater than or equal to one (1) acre in area. The
applicant shall contact the Water Quality Control Division of the CDPHE at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
N. The historical flow patterns and runoff amounts will be maintained.
O. This property is subject to future annexation to the City of Greeley, per the
Union Colony Pre-Annexation Agreement dated June 27, 2014, between
the City of Greeley, Triton Water Disposal Services, LLC, and Peckham
Development Corporation.
P. Should noxious weeds exist on the property, or become established as a
result of the proposed development, the applicant/landowner shall be
responsible for controlling the noxious weeds, pursuant to Section
15-1-180 of the Weld County Code.
Q. Any future structures or uses on the site must obtain the appropriate
Zoning and Building Permits.
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R. Building Permits may be required for any new construction, alteration, or
addition to any buildings or structures on the property, per Section 29-3-10
of the Weld County Code. Currently, the following have been adopted by
Weld County: 2012 International Codes; 2006 International Energy Code;
2011 National Electrical Code.
S. Any future structures built on the site shall not exceed 50 feet above ground
level.
T. Building Permits issued on the proposed lot will be required to adhere to
the fee structure of the County-Wide Road Impact Program.
U. Building Permits issued on the proposed lot, will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
V. 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 stated herein and all applicable Weld County regulations.
W. 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 plat and
recognized at all times.
4. Upon completion of Conditions of Approval #1, #2 and #3 above, the applicant
shall submit an electronic version (.pdf), or three (3) paper copies, of the plat to the
Weld County Department of Planning Services for preliminary approval. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. 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 and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
5. 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 ArcView shapefiles or ArcGIS Personal
GeoDataBase (MDB). The preferred format for Images is .tif(Group 4). (Group 6 is
not acceptable). This digital file may be sent to maps@co.weld.co.us.
6. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO `,
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Douglas ademaciter, hair
Weld County Clerk to the Boardclututcit
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arbara Kirkmeyer, ro-Tem
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can P. Conway
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UK'S Mike Fr n
Co ' y Attorney
J illiam . Garcia
Date of signature: 9/'`�
2014-2327
PL2283
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