HomeMy WebLinkAbout20050081 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant i Finley Case Number J CZ-1076
Submitted or Prepared
Prior to At
Hearing Hearing
` 1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
Sign Posting Affidavit and sign picture (.j Eu L i) X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
4 Referrals with comments X
Weld County Department of Public Works referral received 10/26/2004 X
Weld County Department of Public Health and Environment referral received X
10/22/2004
Weld County Zoning Compliance Officer referral received 9/24/2004 X
Colorado Department of Transportation referral received 11/1/2004 X
City of Fort Lupton referral received 10/18/2004 X
Platte Valley Soil Conservation District referral received 10/20/2004 X
5 Surrounding Property Owners/Mineral Owners - Letters
6 PC Exhibits
6A Planning Commission Sign Posting Certificate and sign photo X
I hereby certify that the 11 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commission hearing.
vim..evs
Chris Gathman 4 Planner
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2005-0081
LAND USE APPLICATION
lURe SUMMARY SHEET
COLORADO
CASE HEARING DATE: November 16, 2004
NUMBER: CZ-1076
APPLICANT: Dave &Todd Finley, C/O Lauren Light w/LANDPROfessionals, LLC
ADDRESS: LANDPROfessionals, LLC, 4311 State Highway 66, Suite 4, Longmont, CO 80504
REQUEST: Change of Zone from the I-1 (Industrial)Zone District to 1-3 (Industrial)Zone District.
LEGAL: Part of the W4SW4 of the SE4 of Section 18, T1 N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to State Highway 85; north of and adjacent to County Road 8.
ACRES: 9 acres, more or less PARCEL# 1471 18 000036
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance Officer, referral received 9/24/2004
• Weld County Department of Public Works, referral received 10/26/2004
• City of Fort Lupton, referral received 10/20/2004
• Weld County Department of Public Health and Environment, referral received 10/22/2004
Platte Valley Soil Conservation District, referral received 10/21/2004
• Fort Lupton Fire Department, referral received 9/30/2004
• Colorado Department of Transportation, referral received 11/1/2004
The Department of Planning Services'staff has not received responses from:
• City of Brighton
• Weld County Department of Building Inspection
CZ 1076—Dave&Todd Finley 1
EXHIBIT
# �'1*1
CHANGE OF ZONE
wineADMINISTRATIVE RECOMMENDATION
COLORADO
PLANNER: Chris Gathman
CASE HEARING DATE: November 16, 2004
NUMBER: CZ-1076
APPLICANT: Dave &Todd Finley
ADDRESS: c/o Lauren Light-LANDPROfessionals,LLC,4311 State Highway 66,Suite 4,Longmont,CO
80504
REQUEST: Change of Zone from the I-1 (Industrial)Zone District to 1-3 (Industrial)Zone District.
LEGAL: Part of the W4SW4 of the SE4 of Section 18, T1 N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to U.S. Highway 85; north of and adjacent to CR 8.
ACRES: 9 acres, more or less PARCEL# 1471 18 000036
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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:
CZ 1076—Dave&Todd Finley 2
Section 19-12-50.6 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.
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)
et-
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)
CZ 1076—Dave&Todd Finley 3
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)
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)
CZ 1076—Dave&Todd Finley 4
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)
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)
CZ 1076—Dave&Todd Finley 5
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
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 ArcView 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(o)co.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)
7. 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)
CZ 1076—Dave&Todd Finley 6
a
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
918 10th STREET
CGREELEY, COLORADO 80631
COLORADO
September 23,2004
Dave&Todd Finley
c/o Lauren Light
LANDPROfessionals LLC
4311 Hwy 66 Suite 4
Longmont CO 80504
Subject: CZ-1076- Request for a Change of zone from I-1 (Industrial)to I-3(Industrial)on a parcel of land described
as part W4SW4 of the SE4 Section 18,T1 N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for November 16, 2004, at 1:30 p.m. This meeting will take place in the
Southwest Weld Hearing Room, Weld County Planning Department, 4209 CR 24-1/2, Longmont, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning Commission
members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Brighton and Fort Lupton Planning Commission for their review and
comments. Please call Brighton at(303)655-2023 and Fort Lupton at(303)857-6694 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Brighton and Fort Lupton Planning Commission meeting to answer any questions the Commission members may have
with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully, 4 JJ
r-. AteLa
Chris Gathman
Planner
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FIELD CHECK inspection date: October 29, 2004
CASE NUMBER: CZ-1076
APPLICANT: Dave & Todd Finley
LEGAL DESC: Part W4SW4; being part of the SE4 of Section 18, Township 1 North,
Range 66 West of the 6th PM, Weld County, CO
LOCATION: East of and adjacent to U.S. Highway 85; north of and adjacent to County
Road 8.
Zoning Land Use
i
N A (Agricultural) N Cropland
E A (Agricultural) E Cropland
S A (Agricultural) S Residence
W A (Agricultural) W Residence
Vacant land.
(to stALtu,ct___
Chris Gathman Planner II, AICP
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