HomeMy WebLinkAbout20041057.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Hunt Brothers Properties, Inc. Case Number CZ-1052
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
West Adams Soil Conservation District referral received 12/22/2003 X
Fort Lupton Fire Protection District referral received 12/9/2003 X
Town of Hudson referral received 11/13/2003
4 Referrals with comments X
Weld County Department of Public Works referral received 12/29/2003 X
Weld County Department of Public Health and Environment referral received X
12/30/2003
Weld County Department of Building Inspection referral received 12/22/2003 (2 X
pages)
Weld County Zoning Compliance Officer referral received 12/4/2003 X
Weld County Sheriff's Office referral received 1/8/2004 X
City of Brighton referral received 12/29/2003 X
City of Fort Lupton referral received 12/18/2003(2 pages) X
West Adams Soil Conservation District X
5 Surrounding Property Owners/Mineral Owners -Letters
5A E-mail from Sharon Schuyler dated 12/18/2003 X
5B Letter& Resolution from Weld County School District RE-8 received 1/15/2004 X
6 PC Exhibits
6A Sign Posting Affadavit& Photograph X
6b Staff comments(Inventoried as exhibit 1)
6c RE-9 letter(Inventoried as exhibit 5B)
6d Applicant overheads
EXHIBIT
2004-1057
6e JMF REso
6f Ft lepton reso
6g Code change
7 Planning Commission Resolution
I hereby certify that the 22 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Board of County Commissioners hearing.
Chris Gathman 4 Planner
LAND USE APPLICATION
WUDc. SUMMARY SHEET
COLORADO
CASE HEARING DATE:January 20, 2004
NUMBER: CZ-1052
APPLICANT: Hunt Brothers Properties, Inc. do Dan Hunt
ADDRESS: c/o Lauren Light-LANDPROfessionals, LLC,4311 State Highway 66,Suite 4, Longmont,CO
80504
REQUEST: Change of Zone from the A(Agricultural)Zone District to 1-3 (Industrial)Zone District.
LEGAL: Part of the N2 SW4 of Section 20, T1 N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: 0.25 miles North of CR 6 and East of and adjacent to CR 27.
ACRES: 67 acres, more or less PARCEL# 1471 20 000022
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 12-4-2003
• Weld County Department of Public Works, referral received 12-29-2003
• City of Fort Lupton, referral received 12-18-2003
• Weld County Building Inspection, referral received 12-22-2003
• Weld County Department of Public Health and Environment, referral received 12-30-2004
• Weld County Sheriff's Office, referral received 1/8/2004
• West Adams Soil Conservation District, referral received 12-22-2003
• Fort Lupton Fire Department, referral received 12-9-2003
• City of Brighton, referral received 12-29-2003
The Department of Planning Services' staff has not received responses from:
• Adams County Planning
Snarl
CZ 1052—Hunt Brothers 1 1
Atti CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
PLANNER: Chris Gathman
CASE HEARING DATE:January 20, 2004
NUMBER: CZ-1052
APPLICANT: Hunt Brothers Properties, Inc. c/o Dan Hunt
ADDRESS: c/o Lauren Light-LANDPROfessionals,LLC,4311 State Highway 66,Suite 4,Longmont,CO
80504
REQUEST: Change of Zone from the A (Agricultural)Zone District to 1-3 (Industrial)Zone District.
LEGAL: Part of the N2 SW4 of Section 20, Ti N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: 0.25 miles North of CR 6 and East of and adjacent to CR 27.
ACRES: 67 acres, more or less PARCEL# 1471 20 000022
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:
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."
CZ 1052—Hunt Brothers 2
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 A(Agricultural)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)
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. 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. 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 will continue only when all appropriate 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
CZ 1052—Hunt Brothers 3
the Department of Planning Services. (Department of Planning Services)
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)
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)
CZ 1052—Hunt Brothers 4
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 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) 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)
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
CZ 1052—Hunt Brothers 5
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 be determined according to Chapter 23 of the Weld County Code.
(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 maps(@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. 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 1052—Hunt Brothers 6
rs
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
W� I 1555 N. 17TH AVENUE
���• GREELEY, COLORADO 80631
COLORADO
March 29, 2004
Hunt Brothers Properties Inc
do Lauren Light
LANDPROfessionals LLC
4311 Hwy 66, Suite 4
Longmont CO 80504
Subject: PZ-1052- Request for a Change of Zone from A (Agriculture) to I-3 (Industrial) on a parcel of land
described as N2 SW4 Section 20,T1N, 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 January 20, 2004, at 1:30 p.m. This meeting will take place
at the Southwest Weld County Complex, 4209 CR 24 '/3, 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,
Chris Gathman
Planner
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WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH AVENUE
GREELEY,Co 80631
PHONE(970)353-6100,EXT..3540-Fax(970)304-6498
DATE:, tI — Ii 2005 RECEIPT ; 10042
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WHITE-CUSTOMER CANARY-FINANCE PINK-FILE
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FIELD CHECK
CASE NUMBER: PZ-1052 DATE OF INSPECTION:
APPLICANT'S NAME: Hunt Brothers Properties Inc
PLANNER: Chris Gathman
REQUEST: Change of Zone from A(Agriculture)to 1-3 (Industrial).
LEGAL DESCRIPTION: N2 SW4 Section 20, Ti N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 27; approximately 1/4 mile north of CR 6.
LAND USE: l k
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APPLICATION FLOW SHEET
COLORADO
APPLICANT: Hunt Brothers Properties, Inc. CASE#:CZ-1052
REQUEST: A change of zone from A(Agricultural)to 1-3 (Industrial).
LEGAL: The N2 SW4 of Section 20,Township 1 North, Range 66 West of the 6th P.M., Weld County,
CO
LOCATION: East of and adjacent to County Road 27;Approximately 1/4 mile North of County Road 6
PARCEL ID #: 1313-08-204001, 1313-08-204002, 1313-08-205001, 1313-08-205002, 1313-08-205003,
1313-08-205004
ACRES: +/y,Ffin
DATE BY
Application Received 11/17/03
Application Complete pp��
PC Hearing Date: 1/20/04 ,Action: Arid
Utility Board Date: 3/Il8 A
PC Sign to be Posted By:
PC Sign Posted
Referrals Listed 12/1/03 CG
File Assembled I" - •03
Referrals Mailed •
R12, LA •03
Chaindexed {Z- '-4-_ O3 —
Letter to Applicant Mailed 12 . 1 -03
Date Public Notice Published in County Newspaper I . 8 -p t4
Surrounding Property& Mineral Owners Notified 17 - . o'B
Planning Technician Maps Prepared p q�n
Field Check by DPS Staff I/ i/ Y4 a is
Planning Commission Resolution Sent to Applicant
Planning Commission Meeting Minutes Filed id Case
Case Sent to Clerk to the Board
CC Hearing: nroutpt Action: reA
CC Sign to be Posted By: y/213(0
41
CC Sign Posted — JH
Plat and/or Resolution Recorded
Recorded on Maps and filed •
Overlay Districts Geologic Yes No_X_ '
Zoning Agricultural Flood Hazard Yes No_X_
Airport Yes No_X_ Panel#080266 0983 C
Road Impact Area 4
^ FIELD CHECK Inspection Date: 1/9/04
CASE NUMBER: CZ-1052
APPLICANT: Hunt Brothers Properties, Inc.
LEGAL DESCRIPTION: N2 SW4 20-1-66
LOCATION: East of and adjacent to County Road 27; Approximately 1/4 mile north of
County Road 6
Zoning Land Use
N 1-3 (Industrial) N Agricultural (1-3 Industrial uses and
commercial Ag uses approx. % north of
the residence)
E 1-3 (Industrial) E Agricultural
S A (Agricultural) S Single Family Residence and Cropland
W A (Agricultural) W Cropland and single-family residence to
the southwest. Commercial uses IA mile
to the west off of Highway 85
COMMENTS:
• Property is cropland with the railroad running through it. A single family
residence with outbuildings is located in the southwest corner of the site.
• Industrial property (rezoned under CZ-1036) is located to the north and west of
the site.
Chris Gathman, Planner II - AICP
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