HomeMy WebLinkAbout20083372.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill Hall, that the following resolution be introduced for passage by the Weld County Planning
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Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: CZ-1148
APPLICANT: Glaze Industrial Properties LLC
PLANNER: Michelle Martin
REQUEST: Change of Zone from the A(Agricultural)Zone District to the 1-3(Industrial)Zone
District.
LEGAL DESCRIPTION: Part NW4 of Section 20,TIN, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 8 and East of and adjacent to CR 27.
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 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 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.
Section 22-2-150.B I.Goal2. Encourage the expansion and diversification of the industrial
economic base.
The site is currently in an area that is supporting industrial/commercial development.
According to the 2007 Fort Lupton Comprehensive Plan the site is an area that will support
mixed use and employment areas. The City of Fort Lupton in their referral dated 8/28/08 said
they are not in objection to the Change of Zone. In 1976(Z-238)the property to the south was
rezoned to 1-3(Industrial)and is currently being utilized for oil and gas support services. If the
• Change of Zone is approved the applicant will apply for a Site Plan Review for their business.
B. 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.
The property is surrounded by 1-3 (Industrial) Zoning on the south and east side of the
property. The City of Fort Lupton has annexed the property to the north and west. In their
referral dated 8/28/08 they state they have no objection to the Change of Zone.
C. 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.
The property is serviced by a commercial well#277800 and an Individual Sewage Disposal
System.
D. 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 Department of Public Works in their referral dated 7/22/08 state that the site currently has
4 accesses. The applicant has closed two of the accesses with the Department of Public
Works approval as stated in their email dated 10/27/08. The Department of Public Works also
states that County Road 8 is classified as a collector road requiring 80 foot right-of-way and
County Road 27 is designated as a major arterial road requiring 140 foot right-of-way. Both
County Road 8 and County Road 27 are maintained by the City of Fort Lupton. All existing and
future right-of-way including the documents creating them will be delineated on the plat.
• I EXHIBIT 2008-3372
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Resolution CZ-1148
Glaze Industrial Properties LLC
Page 2
E. 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 - The proposed Change of Zone does not lie within an
Intergovernmental Agreement Area.
2) Section 23-2-30.A.5.b. -The property is too small (0.92 acres)to warrant mining of
any gravel or sand that that may be beneath the surface as indicated in the Terracon
report dated 12/7/07.
3) Section 23-2-30.A.5.c. - 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)Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements (concerns)of Weld County Building
Department, as stated in the referral response dated 7/29/08. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Weld County
Building Department)
B. The applicant shall attempt to address the requirements(concerns)of the City of Brighton as
• stated in the referral response dated 8/7/08. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (City of Brighton)
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ-1148. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C and D of the Weld County Code. (Department of
Planning Services)
C. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services, Department of Public Works)
D. County Road 8 is designated on the Weld County Road Classification Plan as a collector road,
which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-of-way.
A total of 10 feet from the centerline of County Road 8 shall be delineated on the plat as future
right-of-way and the documents creating the right-of-way shall also be delineated on the plat.
This road is maintained by the City of Fort Lupton. (Department of Public Works)
E. County Road 27(Denver Avenue)is designated on the Weld County Road Classification Plan
as a major arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.A total of 40 feet from the centerline of County Road 27 shall
be delineated on the plat as future right-of-way and the documents creating the right-of-way
shall also be delineated on the plat. This road is maintained by the City of Fort Lupton
(Department of Public Works)
F. All approved accesses by the Weld County Department of Public Works shall be delineated on
• the plat. (Department of Public Works and Department of Planning Services)
Resolution CZ-1148
Glaze Industrial Properties LLC
Page 3
G. The Weld County's Right to Farm shall be placed on the plat. (Department of Planning
• Services)
H. The following notes shall be delineated on the Change of Zone plat:
1. 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 Article III Division 4 of the Weld
County Code. (Department of Planning Services)
2. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code. (Department of Planning Services)
3. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
4. 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 complete sets of plans are required when
applying for each permit. (Department of Building Inspection)
5. Each new building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Department of Building Inspection)
6. New buildings shall conform to the requirements of the various codes adopted at the
time of permit application. Currently,the following has been adopted by Weld County:
2006 International Building Code, 2006 International Mechanical Code, 2006
• International Plumbing Code, 2008 National Electrical Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
7. Effective January 1,2003, Building Permits issued on the lot will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
8. Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)(Department of
Planning Services)
9. Prior to the release of building permits, the Lot owner shall verify with the nearest
Town/City or Sanitation District to determine the location of the nearest sanitary sewer
line. In accordance with the Weld County Code, if a sewer line exists within four
hundred (400)feet of the property line and the sewer provider is willing to serve the
proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Health
and Environment)
10. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry, production
and maintenance operations associated with existing or future operations located on
these lands. (Department of Planning Services)
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Resolution CZ-1148
Glaze Industrial Properties LLC
Page 4
11. Personnel from the Weld County Government 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 Development Standards stated herein and all applicable
Weld County regulations. (Department of Planning Services)
12. The historical flow patterns and run-off amounts will be maintained on site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions,concentration and/or unplanned ponding of storm run-off. (Department of
Public Works)
I. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above 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 Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners resolution.The applicant shall be responsible for paying the recording
fee. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within thirty(30) days of approval by the 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). (Department of Planning Services)
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5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
Motion seconded by Erich Ehrlich
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
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.
Resolution CZ-1148
Glaze Industrial Properties LLC
Page 5
• CERTIFICATION OF COPY
I, Kristine Ranslem, 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 November 18, 2008.
Dated the 18th of November, 2008.
tote is -rLJlth 6'l 1
Kristine Ranslem
Secretary
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II — Ig- �c �
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, November 18, 2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
,
Doug Ochsner-Chair r
Tom Holton -Vice Chair
Nick Berryman ui ^>
Paul Branham —'
Erich Ehrlich
Robert Grand g
Bill Hall . b
Mark Lawley
Roy Spitzer
Also Present: Michelle Martin, Kim Ogle, Department of Planning Services; Don Dunker, Don Carroll,Janet
Carter, Department of Public Works;Lauren Light, Department of Health; Bruce Barker,County Attorney,and
Kris Ranslem, Secretary.
Robert Grand moved to approve the November 4, 2008 Weld County Planning Commission minutes,
seconded by Tom Holton. Motion carried.
CASE NUMBER: CZ-1148
APPLICANT: Glaze Industrial Properties LLC
• PLANNER: Michelle Martin
REQUEST: Change of Zone from the A(Agricultural)Zone District to the 1-3(Industrial)Zone
District.
LEGAL DESCRIPTION: Part NW4 of Section 20,T1 N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 8 and East of and adjacent to CR 27.
The Chair asked Ms. Martin if she wishes for this case to remain on consent. She replied yes.
The Chair asked if the applicant was here. The applicant was not available.
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 if any of the Planning Commissioners wished to hear this case. No one wished to speak.
Bill Hall moved that Case CZ-1148, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Erich Ehrlich. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1658
APPLICANT: Michael Aberle
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review for a Use
Permitted as a Use by Right,Accessory Use,or Use by Special Review in the
Commercial or Industrial Zone Districts(construction business)in the A
(Agricultural)Zone District.
• LEGAL DESCRIPTION: Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all
in TIN, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 4 and east of State Highway 85.
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