HomeMy WebLinkAbout20032804.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, 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-1028
APPLICANT: Steve Brancucci
PLANNER: Kim Ogle
LEGAL DESCRIPTION: N2 N2 NE4 of Section 30, T IN, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from A(Agricultural)to 1-3 (Industrial).
LOCATION: South of and adjacent to WCR 6 and East of and adjacent to State Hwy 85.
be recommended favorably 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 in compliance with Section 23-2-30 of the Weld County Code,as follows:
1) Section 23-2-30.A.1. - That the proposed 1-3 Zoning is consistent with the Weld County
Comprehensive Plan. The site will encourage the expansion of the industrial economic base
and provide for a variety of employment opportunities for Weld County citizens. I.Policy 2.4
states"Promote industrial development that is appropriately located in relation to surrounding
land uses,and that meets necessary environmental standards." Surrounding land uses are
agricultural lands to the north,agricultural to the east,residential and agricultural to the south,
and State Highway 85 to the west. Surrounding properties are zoned Agricultural and 1-3.
Part of the western most area of this parcel is zoned 1-3 per Change of Zone Z-45 approved
by the Board of County Commissioners in 1963. I.Policy 2.1. states "Accommodate new
industrial development within planned industrial areas." UGB.Goal 2 states "Concentrate
urban development in or adjacent to existing municipalities... or where urban infrastructure
is currently available or reasonably obtainable." Furthermore, the Department of Planning
Services staff finds the proposal,with the attached Conditions of Approval, satisfies UGB
Goal 3 as stated, "The County and the municipality should coordinate land use planning in
urban growth boundary areas, including development policies and standards,zoning,street
and highway construction... and other matters affecting orderly development." The
Department of Planning Services staff further concurs that UGB Policy 3.1 through 3.5 have
been met with this proposal.
B. Section 23-2-30.A.2. -The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses. Surrounding land uses
include Agricultural and Industrial uses. A Site Plan Review will be required prior to any
Industrial use occurring on the property. The intent of the Site Plan Review is to"provide
present and future residents and users of land in the County a means whereby orderly and
harmonious development is ensured in the County. The Site Plan Review process requires
additional consideration to ensure that the uses permitted are established and operated in
a manner that is compatible with existing and planned land uses in the neighborhood. Site
Plan Reviews are designed to protect and promote the health, safety, convenience, and
general welfare of the present and future residents of the county." Items addressed through
the Site Plan Review include, but are not limited to, number of employees, building
construction, signage, landscape treatment, drainage, parking, outside storage, loading
service areas and environmental criteria. The Site Plan Review will ensure compatibility with
surrounding land uses.
(4. EXHIBIT
C % joZT 2003-2804
Resolution CZ-1028
Steve Brancucci
Page 2
C. Section 23-2-30.A.3.-Adequate water and sewer service can be made available to the site
to serve the uses permitted within the proposed zone district. Referral agencies will have
the opportunity to further address water and sewer during the Site Plan Review application
process.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. The Weld County
Public Works Department reviewed this request and indicated several conditions to be
implemented regarding paving of the access roads and a drainage study. Issues regarding
access and right-of-way have been addressed in the Conditions of Approval and
Development Standards. These items will be required at the time of application for the Site
Plan Review. The Change of Zone plat map will be required to show the designated right-
of-way reservation.
E. Section 23-2-30.A.5.-In those instances where the following characteristics are applicable
to the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. - The proposed Change of Zone does not lie within any
overlay district identified by the maps officially adopted by Weld County.
2) Section 23-2-30.A.5.b. - The proposed rezoning does not contain 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 extraction to any
greater extent than under the present zoning of the property.
3) Section 23-2-30.A.5.c. - Soil conditions on the site are not such that they present
moderate or severe limitations to the construction of structures of facilities proposed
for the site. A soils report and two sets of building and engineered foundation plans
(with registered Colorado engineer s tamp) i s required for a II b uilding p ermits.
These issues are addressed through Conditions of Approval and will also be a part
of the Site Plan Review process.
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 Change of Zone from A (Agricultural) to I-3 (Industrial)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 recording the Change of Zone plat:
A. All pages of the plat shall be labeled CZ-1028 (Department of Planning Services)
B. Adhere to Section 27-9-20 of the Weld County Code which outlines the requirements for the
Change of Zone plat. (Department of Planning Services)
C. The applicant shall submit to the Weld County Department of Planning Services evidence
that any existing septic system meets all requirements of the Weld County Department of
Public H ealth and Environment. T he Weld C ounty Department o f Public H ealth and
Environment was unable to locate a septic permit for the septic system located at 12972
WCR 6. Any existing septic system which is currently not permitted through the Weld
Resolution CZ-1028
Steve Brancucci
Page 3
County Department of Public Health and Environment will require an I.S.D.S. evaluation
prior to the issuance of the required septic permits. In the event the system is found to be
inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
It should be noted that, 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 for each development. These items will be required at the
time of application for the Site Plan Review. (Department of Public Health and
Environment)
D. The applicant shall submit to the Weld County Department of Planning Services an
agreement signed by all mineral owners indicating their concerns have been addressed.
(Department of Planning Services, Department of Public Works)
E. The applicant shall delineate and label all existing structures on the change of zone plat.
(Department of Public Works)
F. The applicant shall delineate and label all existing oil /gas facilities on the change of zone
plat,along with required setbacks/easements. In addition,access roads must be identified
for these facilities. (Department of Public Works)
G. The applicant shall provide a letter of confirmation to Public Works from the appropriate oil
/ gas owners verifying intended future drilling / exploration operations on this property.
(Department of Public Works)
H. The applicant shall show and identify all existing irrigation / ditch systems for this
development on the change of zone plat. Ditch easements should be noted. (Department
of Public Works)
The following notes and information 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 o r uses o n s ite m ust obtain the a ppropriate 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)
Resolution CZ-1028
Steve Brancucci
Page 4
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. (Department of Public Works)
8) At the time of the Site Plan Review, final road plans 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) Weld County Road 6 is classified by the County as a local road and requires a 60-
foot right-of-way. The applicant shall verify the existing 60-foot right-of-way and the
documents creating the right-of-way shall be noted on the change of zone plat. If
the right-of-way cannot be verified, it will be dedicated on the final plat. Weld
County Road 6 is paved. (Department of Public Works)
10) Weld County Road 27 is classified by the County as a collector road and requires
an 80-foot right-of-way. The right-of-way shall be shown and dimensioned on the
change of zone plat. Weld County Road 27 is paved.
The applicant shall verify the existing 30-foot road right-of-way, and the documents
creating the right-of-way noted on the change of zone plat. If the right-of-way
cannot be verified, it will be dedicated on the final plat.
The additional 10-foot of right-of-way shall be dedicated and shown on the change
of zone plat. If the right-of-way cannot be verified, it will be dedicated on the final
plat. (Department of Public Works)
11) State Highway 85 is classified by the County as a state highway and requires a
minimum 200-foot right-of-way. The applicant shall coordinate with CDOT for the
requirements of right-of-way on State Highway 85 and provide a letter of
confirmation to the Departments of Public Works and Planning Services. The
applicant, on the change of zone plat, shall show and label the right-of-way
recognized by CDOT. This state highway is paved. (Department of Public Works,
CDOT)
12) The geology report states that the land is currently irrigated for vegetables. The
applicant shall show and identify all existing irrigation / ditch systems for this
development on the change of zone plat. Ditch easements should be noted.
(Department of Public Works)
13) At the time of the Site Plan Review, and prior to release of Building Permits, the
applicant shall submit construction drawings to the Greater Brighton Fire District for
review and approval. (Greater Brighton Fire District)
14) 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)
15) 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)
Resolution CZ-1028
Steve Brancucci
Page 5
16) 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)
17) 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)
18) Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
19) 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)
20) Existing sewer and water service on site shall be reviewed by a Registered
Professional Engineer for adequacy to serve proposed uses at the time a Site Plan
Review application is submitted. Findings of such review shall be made available
to the Department of Public Health and Environment. (Department of Public Health
and Environment)
3. At the time of the Site Plan Review, the applicant shall work with Colorado Department of
Transportation to determine if any off-site road improvements are required.
Motion seconded by John Folsom
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 February 18, 2003.
Dated the 18th of February, 2003.
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Voneen Macklin
Secretary
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