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Home My WebLink About20032789.tiff RESOLUTION RE: GRANT CHANGE OF ZONE #1029 FROM A (AGRICULTURAL) ZONE DISTRICT TO 1-3 (INDUSTRIAL) ZONE DISTRICT - STEVE BRANCUCCI WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,a public hearing was held on the 5th day of November,2003,at 10:00 a.m.for the purpose of hearing the application of Steve Brancucci, P.O. Box 127, Henderson, Colorado 80640,requesting a Change of Zone from theA(Agricultural)Zone District to the 1-3(Industrial)Zone District for a parcel of land located on the following described real estate, to-wit: N1/2 E1/2 SE1/4 of Section 30, and Lot B of Corrected Recorded Exemption #470; being part of the SE1/4 SE1/4 of Section 30, all in Township 1 North, Range 66 West of the 6th P.M.,Weld County, Colorado WHEREAS, the applicant was present at said hearing, and WHEREAS,Section 23-2-40 of the Weld County Code provides standards for review of such a Change of Zone, and WHEREAS,the Board of County Commissioners heard all the testimony and statements of those present,studied the request of the applicant and the recommendation of the Weld County Planning Commission and,having been fully informed,finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 23-2-50 of the Weld County Code. 2. The request is in conformance with Section 23-2-40.B of the Weld County Code as follows: a. Section 23-2-40.B.1 -The proposed 1-3(Industrial)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. (.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,industrial and commercial to the south,and the Cottonwood Ski Lake, permitted under Use by Special Review Permit#969, to the west. The part of the parcel with the two large storage buildings is zoned 1-3(Industrial), per Change of Zone#342,approved by the Board of County Commissioners in 1980. Surrounding properties are zoned A(Agricultural)and 1-3(Industrial). A railroad borders the property on the east. (.Policy 2.1 states, 2003-2789 PL1656 C ;PLC r97-A, �GrJ M-CEP) /-9 4/a3 CHANGE OF ZONE (COZ#1029) - STEVE BRANCUCCI PAGE 2 "Accommodate new industrial development within planned industrial areas." UGB.Goal 2 states, "Concentrate urban development in or adjacent to existing municipalities...orwhere 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 which states,"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.Policies 3.1 through 3.5 have been met with this proposal. b. Section 23-2-40.B.2 -- The uses which will be allowed on the subject property by granting this 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. c. Section 23-2-40.6.3 -- 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 23-2-40.B.4 -- Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed Zone District. The Weld County Department of Public Works 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. 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. 2003-2789 PL1656 CHANGE OF ZONE (COZ#1029) - STEVE BRANCUCCI PAGE 3 e. Section 23-2-40.8.5--In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: 1) Section 23-2-40.B.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 23-2-40.B.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 23-2-40.B.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 a Colorado registered engineers stamp, is required for all Building Permits. These issues are addressed through the Conditions of Approval and will also be a part of the Site Plan Review process. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Steve Brancucci for a Change of Zone from the A(Agricultural)Zone District to the 1-3(Industrial)Zone District on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 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-1029. B. Adhere to Section 27-9-20 of the Weld County Code which outlines the requirements for the Change of Zone plat. C. 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 (Industrial) Zone District requirements as set forth in Section 23-3-330 of the Weld County Code. 2) Any signage located on the property shall require Building Permits and adhere to Section 23-4-100 of the Weld County Code. 2003-2789 PL1656 CHANGE OF ZONE (COZ#1029) - STEVE BRANCUCCI PAGE 4 3) The site shall maintain compliance at all times with the requirements of the Weld County Government. 4) Any future structures or uses on site must obtain the appropriate Zoning and Building Permits. 5) If applicable, installation of utilities shall comply with Chapter 24, Article VII, of the Weld County Code. 6) The applicant shall adhere to all Site Plan Review requirements,as defined in Chapter 23, Division 3, of the Weld County Code. 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. 8) At the time of the Site Plan Review, final road plans shall be submitted to, 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. 9) Weld County Road 4 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 4 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 ten (10) feet of right-of-way shall be dedicated and shown on the Change of Zone plat. 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 shall be noted on the Change of Zone plat. If the right-of-way cannot be verified, it will be dedicated and shown on the Change of Zone plat. 11) The U.S.85 Access Plan requires major intersection improvements due to the reduction in allowed turns at the intersection of U.S. Highway 85 and Weld County Road 4. Additional right-of-way will be required for intersection improvements, including improvements to the auxiliary lanes. Long term plans call for the closure of the intersection at Weld County Road 4 and U.S. Highway 85. 2003-2789 PL1656 CHANGE OF ZONE (COZ#1029) - STEVE BRANCUCCI PAGE 5 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. 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. 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. 15) All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,Section 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. 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, Section 30-20-100.5 C.R.S. 17) Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 18) Fugitive dust shall be controlled on this site. 19) The facility shall adhere to the maximum permissible noise levels allowed in the 1-3 (Industrial) Zone District as delineated in Section 25-12-103, C.R.S. 20) Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health and Environment,Environmental Health Services Division,will require an I.S.D.S. evaluation prior to the issuance of the required septic permit(s). The review shall consist of observation of the system and an evaluation of the system's ability to handle the proposed hydraulic load. In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. Regulations. 21) The facility shall adhere to the maximum permissible noise levels allowed in the 1-3 (Industrial) Zone District as delineated in Section 25-12-103, C.R.S. 2003-2789 PL1656 CHANGE OF ZONE (COZ#1029) - STEVE BRANCUCCI PAGE 6 22) Existing sewer and water service on site shall be reviewed by a Colorado 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. 3. At the time of the Site Plan Review, the applicant shall work with the Colorado Department of Transportation to determine if any off-site road improvements are required. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 5th day of November, A.D., 2003. BOARD OF COUNTY COMMISSIONERS �t�a�, WELD COUNTY, COLORADO ATTEST: io� -'4/j EXCUSED D id . Lon , C air Weld County Clerk to dy" � s A Robert D. Mpden, Pro-Tem BY: �i/.,• ",i�l►/ � .� Deputy Clerk to the �� . J. Geile APP V D A RM: 2 y William H. Jer unt A r e Glenn Vaad � "> Date of signature: `/O 2003-2789 PL1656 Hello