HomeMy WebLinkAbout20041056.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: CZ-1052
APPLICANT: Hunt Brothers Properties Inc
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the N2 SW4 Section 20, T1 N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A (Agriculture) to 1-3 (Industrial).
LOCATION: East of and adjacent to CR 27; approximately 1/4 mile north of CR 6.
be recommended favorably to the Board of County Commissioners for the following reasons:
Sec. 23-2-30.
1. That the proposal is consistent with Chapter 22 of this Code; if not, then that the zoning of
the property under consideration is faulty, or that changing conditions in the area warrant
a Change of Zone.
2. That the USES which would be allowed on the subject property by granting the Change of
Zone will be compatible with the surrounding land USES.
3. That adequate water and sewer service can be made available to the site to serve the
USES permitted within the proposed zone district.
4. That STREET or highway facilities providing access to the property are adequate in size
to meet the requirements of the proposed zone district.
5. That, in those instances where the following characteristics are applicable to the rezoning
request, the applicant has demonstrated compliance with the applicable standards:
a. If the proposed Change of Zone is located within any Overlay District identified by
maps officially adopted by the COUNTY, that the applicant has demonstrated
compliance with the COUNTY regulations concerning Overlay Districts.
b. That the proposed rezoning will not permit the USE of any area known to contain
a COMMERCIAL MINERAL DEPOSIT in a manner which would interfere with the
present or future extraction of such deposit by an extractor to any greater extent
than under the present zoning of the property.
c. If soil conditions on the site are such that they present moderate or severe
limitations to the construction of STRUCTURES or facilities proposed for the site,
that such limitations can be overcome and that the limitations will be addressed
by the applicant and/or the applicant's successors or assigns prior to the
DEVELOPMENT of the property.
The Planning Commission's recommendation for approval is conditional upon the following:
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)
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3. Prior to recording the Change of Zone plat:
A. All pages of the plat shall be labeled CZ-1052. (Department of Planning Services) b
m Zf
B. The P lat s hall b e a mended to a dhere to Section 23-2-50 of the Weld County Code.
(Department of Planning Services)
2004-1056
Resolution CZ-1052
Hunt Brothers
Page 2
'0°4, C. The boundary (perimeter) of the proposed development area must be shown distinctly on
the change of zone plat. (Department of Planning Services)
D. The Weld County Roadway Classification Plan currently shows CR 27 with a classification
as a rural area arterial requiring a 130-foot right-of-way. A total of 65-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.
(Department of Public Works)
E. Easements shall be shown in accordance with County standards and shall be
dimensioned on the change of zone plat. (Department of Planning Services)
F. The applicant shall delineate and label all existing structures on the change of zone plat.
(Department of Planning Services)
G. The applicant shall address the issues previously outlined to the satisfaction of the Weld
County Department of Public Works at the specific step of the review process stated. The
review process w ill continue only w hen a II a ppropriate elements have been submitted.
Any issues of concern must be resolved with the Department of Public Works prior to
recording the Change of Zone Plat. Written evidence of approval shall be submitted to
the Department of Planning Services. (Department of Public Works)
H. The applicant shall attempt to address the requirements (concerns) of the City of Fort
Lupton, as stated in their referral received December 18, 2003. Evidence of such shall be
provided to the Department of Planning Services. (Department of Planning Services)
I. The applicant shall attempt to address the requirements (concerns)of the City of Brighton,
as stated in their referral received December 29, 2003. Evidence of such shall be
provided to the Department of Planning Services. (Department of Planning Services)
J. The West Greeley 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)
K. Written evidence from Union Pacific Railroad shall be provided indicating the exact width
of the railroad right-of-way within this parcel. (Department of Planning Services)
L. The applicant shall accurately delineate all irrigation ditches on the site. (Department of
Planning Services)
M. The applicant shall submit a complete non-conforming use application for the existing
single family residence located on the property. (Department of Planning Services)
N. 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)
Resolution CZ-1052
Hunt Brothers
Page 3
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, 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. 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 s hall b e handled, stored, and disposed in a manner t hat 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. 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)
Resolution CZ-1052
Hunt Brothers
Page 4
18. The existing residence on the property is considered a non-conforming use and is
subject to the requirements of Article VII, Chapter 23 (Nonconforming Lots, Uses and
Structures)of the Weld County Code. (Department of Planning Services)
19. At the time of the Site Plan 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)
20. 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)
21. 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)
22. New buildings shall conform to the requirements of the codes adopted at the time of
permit application. Currently, the following codes have been adopted: 1997 Uniform
Building Code; 1998 International Mechanical Code; 1997 International Plumbing
Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Weld
County intends to adopt the 2003 International Building, Residential, Mechanical,
Plumbing and Fuel Gas Codes on March 1, 2004.) (Department of Building
Inspection)
23. 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 bed etermined according to Chapter 2 3 oft he Weld C ounty C ode.
(Department of Building Inspection)
24. 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)
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 mapsco.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. 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)
i"3/4, 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)
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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
r
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 March 16, 2003.
Dated the 16`" of March, 2003.
\LN 1(k(e
Voneen Macklin
Secretary
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