HomeMy WebLinkAbout20050080 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, that the following resolution be introduced for denial by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: CZ-1076
APPLICANT: Dave &Todd Finley
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part W4SW4 of the SE4 Section 18, T1 N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of zone from I-1 (Industrial)to 1-3 (Industrial).
LOCATION: East of and adjacent to US Hwy 85; north of and adjacent to CR 8.
be recommended unfavorably 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 NOT in compliance with Section 23-2-30 of the Weld County Code,
as follows:
A. Section 23-2-30.A.1. - The proposed Change of Zone from the I-1 (Industrial) Zone
District to 1-3 (Industrial) Zone District is not consistent with Article XII, Coordinated
Planning Agreements for the City of Fort Lupton. The City of Fort Lupton, in their referral
dated October 14, 2004 expressed opposition to this rezoning. Section 19-12-10 states
"This Coordinated Planning Agreement is made and entered into effective as of the 14th
day of November, 2000, A.D. between the County of Weld, State of Colorado, whose
address is 915 10th Street, P.O. Box 758, Greeley, CO 80632, hereinafter called the
"COUNTY," and the CITY OF FORT LUPTON, a Colorado Municipal corporation, whose
address is 130 S. McKinley, P O. Box 148, Fort Lupton, CO 80621, hereinafter called the
"MUNICIPALITY."
Section 19-12-50, titled Planning Coordination states "This Agreement is intended to be a
Comprehensive Development Plan adopted and implemented pursuant to Section 29-20-
105(2), C.R.S. Following the execution of this Agreement by both parties, COUNTY
Development approvals in the MUNICIPALITY's Referral Area will be processed and
determined in accordance with the following:
Section 19-12-50.B Development outside Urban Growth Area, states "To the extent
legally possible, the COUNTY will disapprove proposals for Urban Development in areas
of the MUNICIPAL Referral Area outside the Urban Growth Area."
This application was reviewed utilizing the definitions outlined in the Inter-Governmental
Agreement (IGA) for the City of Fort Lupton. By definition, this application is considered
development, as stated in the IGA, "Any land use requiring regulatory approval by the
elected governing body of the applicable party in the Urban Growth Area...." Given this
condition, the Department of Planning Services is recommending denial of the
application.
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.
Should the Planning Commission recommend approval of the Change of Zone from the I-1 (Industrial)
Zone District to 1-3 (Industrial) Zone District the following are recommended Conditions of Approval.
EXHIBIT
rB
107ro 2005-0080
Resolution CZ-1076
Todd Finley
Page 2
1. The change of zone plat map shall be submitted to the Department of Planning Services for
recording within 60 days of approval by the Board of County Commissioners.
2. Prior to Scheduling the Board of County Commissioners Hearing:
A. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners.
(Department of Planning Services)
3. Prior to recording the Change of Zone plat:
A. All sheets of the plat shall be labeled CZ-1076. (Department of Planning Services)
B. The Plat shall be amended to adhere to Section 23-2-50 of the Weld County Code.
(Department of Planning Services)
C. The boundary (perimeter) of the proposed development area must be shown distinctly on
the change of zone plat. (Department of Planning Services)
D. Easements shall be delineated in accordance with County standards and shall be
dimensioned on the change of zone plat. (Department of Planning Services)
E. County Road 8 is classified by Weld County as a collector status roadway and requires
an 80-foot right-of-way. A total of 40-feet from the centerline of County Road 8 shall be
indicated on the plat as a future right-of-way reservation for the expansion of County
Road 8. The right-of-way shall be shown and dimensioned on the change of zone plat. If
the right-of-way cannot be verified, it shall be designated on the plat. (Department of
Public Works)
F. The Colorado Department of Transportation has indicated that U.S Highway 85 requires
50-feet of right-of-way from the centerline of U.S Highway 85. A total of 50 feet from the
centerline of U.S. Highway 85 shall be delineated on the plat as right-of-way reservation
for future expansion of U.S. Highway 85. (Colorado Department of Transportation)
G. The applicant shall attempt to address the requirements (concerns) of the City of Fort
Lupton, as stated in their referral received October 20, 2004. Written evidence of such
shall be provided to the Department of Planning Services. (Department of Planning
Services)
H. The Platte Valley Soil Conservation District has provided information regarding the soils
on the site. The applicant shall review the information and use it to positively manage on
site soils. (Department of Planning Services)
The applicant shall accurately delineate all irrigation ditches on the site. (Department of
Planning Services)
J. The applicant shall address the requirements of the Colorado Department of
Transportation (CDOT) as stated in their referral dated November 1, 2004. Written
evidence from CDOT indicating that their conditions have been addressed shall be
provided to the Department of Planning Services. (CDOT)
Resolution CZ-1076
Todd Finley
Page 3
K. Any abandoned septic system must comply with the Weld County Code Section 30-4-20
(D). The applicant should contact the Department to update existing septic permits for
those systems that have been abandoned. (Department of Public Health and
Environment)
L. The following notes 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
(Industrial) Zone District requirements as set forth in Section 23-3-330 of the
Weld County Code. (Department of Planning Services)
2) Any signage located on the property shall require building permits and adhere to
Section 23-4-100 of the Weld County Code. (Department of Planning Services)
3) The site shall maintain compliance at all times with the requirements of Weld
County Government. (Department of Planning Services)
4) Any future structures or uses on site must obtain the appropriate zoning and
building permits. (Department of Planning Services)
5) If applicable, installation of utilities shall comply with Article VII, Chapter 24, of
the Weld County Code. (Department of Planning Services)
6) The applicant shall adhere to all Site Plan Review requirements, as defined in
Chapter 23, Division 3 of the Weld County Code. (Department of Planning
Services)
7) At the time of the Site Plan Review or Use by Special Review application, a
drainage report signed by a professional engineer, licensed in the state of
Colorado, shall be submitted to the Weld County Department of Public Works.
Upon approval of the drainage report by the Department of Public Works, final
drainage construction plans, conforming to the drainage report, shall be
submitted to the Department of Public Works. (Department of Public Works)
8) At the time of the Site Plan Review or Use by Special Review, final road plans
along with construction details conforming to the drainage report shall be
submitted and approved by the Weld County Department of Public Works.
These plans shall include road and intersection improvements as well as the
necessary right-of-way dedication. (Department of Public Works)
9) At the time of Site Plan Review or Use by Special Review, roadway and grading
plans along with construction details shall be submitted and approved by the
Weld County Department of Public Works. (Department of Public Works)
10) This proposed zone change to an industrial use might possibly contribute
significant traffic to the surrounding area, including US Highway 85. The
applicant will be required to participate and contribute to improvements for the
US 85 Highway Access Control Plan at the Site Plan Review or Use by Special
Review application. (Department of Public Works)
Resolution CZ-1076
Todd Finley
Page 4
11) The proposed zone change may contribute significant traffic to the surrounding
area. The applicant may be required to participate and contribute to
improvements to the surrounding transportation infrastructure at the time of Site
Plan Review or Use by Special Review. If eventual use of the site will be a major
impact, such as an asphalt or concrete batch plant, significant roadway and
intersection improvements will be required. (Department of Public Works)
12) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
(Department of Public Health and Environment)
13) No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste
in the Solid Wastes Disposal sites and Facilities Act, 30-20-100.5 C.R.S., as
amended. (Department of Public Health and Environment)
14) Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
15) Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
16) The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District as delineated in 25-12-103, C.R.S. (Department of Public
Health and Environment)
17) At the time of development, an individual sewage disposal system will be
required for the proposed facility and shall be designed by a Colorado Registered
Professional Engineer and installed according to the Weld County Individual
Sewage Disposal Regulations. (Department of Public Health and Environment)
18) At the time of the Site Plan Review or Use by Special Review, and prior to
release of Building Permits, the applicant shall submit construction drawings to
the Department of Building Inspection for review and approval. (Department of
Building Inspection)
19) 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. Permits are required to move or
demolish any building currently placed on this property. (Department of Building
Inspection)
20) Each 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)
21) New buildings shall conform to the requirements of the codes adopted at the time
of permit application. Currently, the following codes have been adopted: 2003
Resolution CZ-1076
Todd Finley
Page 5
International Building Code; 2003 International Mechanical Code; 2003
International Plumbing Code; 2003 International Fuel Gas Code; 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
22) Building height, protection of walls and openings and separation of buildings of
mixed occupancy shall be in accordance with the Building Code. Setback and
offset distances shall be determined according to Chapter 23 of the Weld County
Code. (Department of Building Inspection)
23) Building height shall be measured in accordance with the Building Code for the
purpose of determining the maximum building size and height for various uses
and type of construction and to determine compliance with the Bulk
Requirements from Chapter 23 of the Code. Building height shall be measured
in accordance with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. When measuring buildings to
determine offset and setback requirements, buildings are measured to the
farthest projection from the building. Property lines shall be clearly identified and
all property pins shall be staked prior to the first site inspection. Approved
building and foundation plans shall be on the site and available to inspectors for
each inspection. (Department of Building Inspection)
24) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the Weld County Road Impact Program.
(Ordinance 2002-11) (Department of Planning Services)
25) Future uses on this site shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code. (Department of Planning
Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Change of Zone. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are Arc:View shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to maps(oco.weld.co.us. (Department of Planning Services)
5. At time of Site Plan Review Application:
A. Any septic system that is abandoned must comply with the Weld County Code Section
30-4-20(D). The applicant should contact the Department of Public Health &
Environment to update existing septic permits for those systems that have been
abandoned. (Department of Public Health and Environment)
6. Any further development of the site will require a Site Plan Review or Use by Special Review
Permit. Any commercial/industrial development must comply with all applicable Weld County
Department of Public Health and Environment, Colorado Department of Public Health and
Environment, EPA and/or Oil and Gas regulations. The applicant/developer must contact the
appropriate agency for more information regarding the site-specific requirements of each
development. (Department of Public Health and Environment)
At the time of the Site Plan Review, the applicant shall work with Colorado Department of Transportation
and Department of Public Works to determine if any off-site road improvements are required.
(Department of Public Works)
Resolution CZ-1076
Todd Finley
Page 6
Motion seconded by Tonya Strobel
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Strobel
Chad Auer
Doug Ochsner
James Welch
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, Voneen Macklin, 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 16, 2004.
Dated the 16th of November, 2004.
�1 -x$Ft CX1-1
Voneen Macklin
Secretary
11 /6, „2, zj
Folsom, yes; Bryant Gimlin, yes; James Rohn, no; Tonya Strobel, yes; Chad Auer, yes; Bruce Fitzgerald,
yes. Motion carried.
John Folsom comment"I say yes very reluctantly but I don't see any alternative because the alternative
violates what specifically is stated in the Code, but as a matter of the 1-3 zoning being sensible for the
area, I think it is very much so."
Bryant Gimlin commented he echoes the comments from Mr. Folsom but believes Planning Commission
should stay to the Code and once Fort Lupton annexes it will probably been easier to approve.
CASE NUMBER: CZ-1076
APPLICANT: Dave &Todd Finley
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part W4SW4 of the SE4 Section 18, Ti N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of zone from I-1 (Industrial)to 1-3 (Industrial).
LOCATION: East of and adjacent to US Hwy 85; north of and adjacent to CR 8.
Chris Gathman, Department of Planning Services presented Case CZ-1076, reading the recommendation
and comments into the record. The Department of Planning Services is recommending denial of the
application.
Lauren Light, representative for applicant, provided clarification on the proposal. Ms. Light indicated there
are several properties that have been rezoned from agriculture to industrial, a majority of those did not
identify the uses when they were rezoned. The IGA was in place when the rezonings were approved and
the Board of County Commissioners found those did not violate the IGA. A finding from the Board of
County Commissioners was that blanket rezoning was not considered urban development because a use
is not established at that time. Ms. Light has spoken with Fort Lupton this month and the only concern
was the use on the property. Fort Lupton is beginning the process for a new Comprehensive Plan. Once
a land use is determined on site then a site plan review process must be completed. If the site plan
review is approved then the development of the property occurs. Fort Lupton will notified at this time with
the option to comment with Conditions. This proposal does meet criteria of the Code. There is a need in
the County to have land already zoned to accommodate possible needs of businesses. There are
businesses that do not want to wait for the rezone due to the time and money associated with this. If Fort
Lupton does approve the annexations this site will be surrounded by mining operations.
John Folsom asked Ms. Light if a change of zone is not a proposal for urban development, later on when
a use applied for that will be the application for urban development? Ms. Light stated that was a comment
taken from the Board of County Commissioners hearing as one of their findings on a previous change of
zone application. Board of County Commissioners did not consider the rezone process to be urban
development because no use was identified.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Lauren Light indicated the applicant does not agree with Condition 2.A. The mineral owners have been
notified. Mr. Gathman indicated he has not heard from anyone about not being notified.
James Rohn commented that by doing the IGA the recommendation would be to define the statement and
leave it less general. As in the previous case, most of the operation was occurring and the change of
zone would not have been so drastic.
Bruce Fitzgerald added there is still a letter from Fort Lupton with the same issues with the last case. Also
once this is changed to 1-3 the Planning Commission does not get another"chance"at it. It will be
reviewed by staff meaning no ability for public comment. Those are the reasons Mr. Fitzgerald would be g 4
against. s)
Bryant Gimlin stated this case is more unknown because of the use. Mr. Auer added that because there
are unknowns the process allows for public comment.
James Rohn added that the nine acres will look closer to seven acres due to the setbacks. This will not
allow for a major use.
John Folsom asked Mr. Gathman if this is not to be seen at the development stage would staff take into
consideration the quotation of extent legally possible and not go forward. Mr. Gathman stated the IGA
defines urban development as anything requiring approval by Board of County Commissioners. A site
plan review is an administrative review so the section of the code could not be taken into account. The
change of zone would go to the Board of County Commissioners. Mr. Fitzgerald added that staff works
with the applicant on the requirements. Mr. Gathman stated there are design standards and setbacks in
the industrial zone district that would need to be met. Mr. Fitzgerald asked if staff would be in a position to
stated the proposal could not go forward? Mr. Gathman stated no unless adequate sewer and water
could not be provided for the proposed use.
Bruce Fitzgerald moved that Case CZ-1076, be forwarded to the Board of County Commissioners with the
Planning Commissions recommendation of denial. Tonya Strobel seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya Strobel, yes; Chad Auer, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
Meeting adjourned at 3:10 pm
Respectfully submitted 11
Voneen Macklin
Secretary
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