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Home My WebLink About20050171 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Arnheim, LLC Case Number CZ-1065 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 `' 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 9/21/2004 (2 pages) X Weld County Department of Public Health and Environment referral received X 9/17/2004 Weld County Building Inspection referral received 9/2/2004 (2 pages) X Weld County Zoning Compliance Officer referral received 8/20/2004 X Greater Brighton Fire Protection District referral received 9/21/2004 X West Adams Soil Conservation District referral received 10/15/2004 X Colorado Department of Transportation referral received 8/26/2004 X City of Fort Lupton referral received 10/2004 X 5 Surrounding Property Owners/Mineral Owners -Letters 6 PC Exhibits 6A Site Photo X 6B Site Photo X 6C Site Photo X 6D Site Photo X 6E City of Fort Lupton referral (copies)received 10/5/2004 X 6F City of Fort Lupton annexation proposal dated 11/12(2004 X 6G Planning Commission Sign posting certificate&sign photo X -7--'Planning EXHIBIT 2005-0171 ��Jf _ I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. artA41O act,_ Chris Gathman r Planner LAND USE APPLICATION 'ilk SUMMARY SHEET COLORADO CASE HEARING DATE: November 16, 2004 NUMBER: CZ-1065 APPLICANT: Arnheim, LLC C/O Banks & Gesso ADDRESS: 720 Kipling Street, Suite 117, Lakewood, CO 80215 REQUEST: Change of Zone from the A(Agricultural)Zone District to 1-3 (Industrial)Zone District. LEGAL: Lot B of RE-2050; Part of the S2S2 of the NE4 of Section 30, Ti N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/2 mile North of CR 4 and west of and adjacent to CR 27. ACRES: 20 acres, more or less PARCEL# 1471 30 100023 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 8-20-2004 • Weld County Department of Public Works, referral received 9-21-2004 • Weld County Department of Public Health and Environment, referral received 9-17-2004 Weld County Department of Building Inspection, referral received 9-2-2004 • Greater Brighton Fire Protection District, referral received 9-21-2004 • West Greeley Soil Conservation District, referral received 9-8-2004 • City of Fort Lupton, referral received 10-5-2004 The Department of Planning Services'staff has not received responses from: • Weld County Sheriff's Office • McCanne Ditch • City of Brighton • Adams County v EXHIBIT CZ-1065 Arnheim 1 CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO PLANNER: Chris Gathman CASE HEARING DATE:October 19, 2004 NUMBER: CZ-1065 APPLICANT: Arnheim, LLC C/O Banks & Gesso ADDRESS: 720 Kipling Street, Suite 117, Lakewood, CO 80215 REQUEST: Change of Zone from the A (Agricultural)Zone District to 1-3 (Industrial)Zone District. LEGAL: Lot B of RE-2050; Part of the S2S2 of the NE4 of Section 30, T1 N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/2 mile North of CR 4 and west of and adjacent to CR 27. ACRES: 20 acres, more or less PARCEL# 1471 30 100023 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 A(Agricultural)Zone District to 1-3 (Industrial) Zone District is not consistent with Article XII, Coordinated Planning Agreements for the City of Fort Lupton. 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-1065 Amheim 2 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. The Department of Planning Services recommends the following 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 recording the Change of Zone plat: A. All sheets of the plat shall be labeled CZ-1065. (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 City of Fort Lupton Transportation Plan indicates County Road 27 as an arterial road with a total of 120 feet of right-of-way. A total of 60-feet from the centerline of CR 27 shall be indicated on the plat as future right-of-way reservation for the expansion of CR 27. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. (City of Fort Lupton) D. The applicant shall delineate and label all existing structures on the Change of Zone plat. (Department of Planning Services) E. The applicant shall do one of the following: 1) The applicant shall provide verification that the existing residence has been converted into an office and that existing permanent kitchen facilities have been disconnected. (Department of Planning Services) OR 2) The applicant shall submit a nonconforming use application for review and approval by the Department of Planning Services for the existing residence if it is still being used as a single family residence. (Department of Planning Services) F. The applicant shall attempt to address the requirements(concerns)of the City of Fort Lupton as stated in their referral dated September 30, 2004. Written evidence of such shall be provided to the Department of Planning Services. (City of Fort Lupton) G. The applicant shall submit a letter to the Department of Planning Services requesting the vacation of USR-1402. (Department of Planning Services) H. The applicant shall submit a Site Plan Review application to the Department of Planning Services that covers the uses and improvements associated with USR-1402.(Department of Planning Services) CZ-1065 Amheim 3 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 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 or additions to existing 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, 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,final road plans along with construction details 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, grading plans along with construction details shall be submitted and approved by the Weld County Department of Public Works. (Department of Public Works) 10) If eventual use of this site would be a major impact, significant roadway and intersection improvements will be required. (Department of Public Works) 11) This proposed zone change to an industrial use might possibly contribute significant traffic to the surrounding area, including US Highway 85. The applicant may be required to participate and contribute to improvements for the US 85 Highway Access Control Plan at the Site Plan Review application. (Department of Public Works) 12) At the time of Site Plan Review, the applicant may be required to participate and contribute to improvements to the surrounding transportation infrastructure. The applicant may be required to submit off-site roadway improvements agreements. (Department of Public Works) 13) 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 CZ-1065 Amheim 4 of Public Health and Environment) 14) 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) 15) 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) 16) Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 17) 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) 18) A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans may be required to bear the wet stamp of a Colorado registered architect or engineer. Provide a Code Analysis Date sheet provided by the Weld County Building Department. (Department of Building Inspection) 19) Fire resistance of walls and openings,construction requirements,maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) 20) 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) 21) Building height shall be measured in accordance with the 2003 International 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. Offset and setback requirements 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) 22) Approved onsite storage of adequate water supplies for firefighting operations shall be provided for all newly constructed buildings on this parcel.(Greater Brighton Fire Protection District) 23) Future development and construction of any new/additional buildings or structures may require additional means of access to this site—based upon use, construction type and building size. The Fire District reserves the right to determine whether additional fire protection issues will need to be addressed. (Greater Brighton Fire Protection District) CZ-1065 Amheim 5 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) 3. 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 l7a co.weld.co.us. (Department of Planning Services) 4. Any further development of the site will require a Site Plan Review. 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) CZ-1065 Amheim 6 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 ' 918 10th STREET GREELEY, COLORADO 80631 COLORADO November 24, 2004 Arnheim, LLC 1575 CR 27 Brighton, CO 80601 Subject: CZ-1065- Request for a Change of Zone from A(Agriculture)to 1-3 (Industrial)on a parcel of land described as Lot B of RE-2050; Pt S2S2 of NE4 of Section 30, Ti N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 October 19, 2004, at 1:30 p.m. This meeting will take place in the Hearing Room, South Weld County Planning Department, 4209 CR 24 '/,, 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 303-659-4050 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, Chris Gathman I , I 1 F . V 4 1 ' ` � Imo, - . . 1 4' a ,� 6c 1 _ • 1.1 .. r.—<r - nua ;It - • • 0. 110) 1 • t S r 1 � � f 1'SI .- . j I . . . 1-r.. 't • R!': ' , r1 . • • I. •, I II ' .• P • . Ii • •• � 1 I - dl •• • / . I /4'.I 7 • ‘ i ' �,, WJ •• f . • • • • • ti 1.4 3 �:• II A. _: • FIELD CHECK inspection date: October 5, 2004 CASE NUMBER: CZ 1065 APPLICANT: Arnheim LLC LEGAL DESC: Lot B of RE-2050; Part of the S2S2 of the NE4 of Section 30, Township 1 North, Range 66 West of the 6th PM, Weld County, CO LOCATION: West of and adjacent to County Road 27; Approximately 1/2 mile north of County Road 4. Zoning Land Use i N A (Agricultural) N Farmground E A (Agricultural) E Farmground/commercial use (bar) S A (Agricultural) S Industrial Use W A (Agricultural) W Mini storage business Single-Family residence on the property. Construction business on the property (originally approved under USR-1402). Outside storage of construction equipment... on the property. Chris Gathman Planner II, AICP r� Hello