HomeMy WebLinkAbout20032790.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-1029
APPLICANT: Steve Brancucci
PLANNER: Kim Ogle
LEGAL DESCRIPTION: N2 E2 SE4 of Section 30, T1 N, R66W; Lot B of CorrRE-470, SE4 SE4 of
Section 30, Ti N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to 1-3 (Industrial).
LOCATION: North of and adjacent to WCR 4 and West of and adjacent to WCR 27.
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:
A. 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, industrial and
commercial to the south, and the Cottonwood Ski Lake (USR-969)to the west. Part of the
area of the parcel is zoned 1-3 per Change of Zone Z-342 approved by the Board of County
Commissioners in 1980, this is the area with the two large storage buildings. Surrounding
properties are zoned Agricultural and 1-3. A railroad borders the property on the east.
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. 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 "mall
ensure compatibility with surrounding land uses.
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 I
the opportunity to further address water and sewer during the Site Plan Review application K
process. W
2003-2790 rnwaseenea
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Resolution CZ-1029
Steve Brancucci
Page 2
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 C olorado engineers tamp) i s required for a II building permits.
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 1-3(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 sheets of the plat shall be labeled CZ-1029. (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 Health 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 1281
WCR 27. Any existing septic system which is currently not permitted through the Weld
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)
Resolution CZ-1029
Steve Brancucci
Page 3
D. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
A list of the type and volume of chemicals expected to be stored on site.
The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). Evidence of approval from the
Department of Public Health and Environment shall of submitted to the Department
of Planning Services. (Department of Public Health and Environment)
E. 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,or
show evidence that their concerns have been mitigated.(Department of Planning Services,
Department of Public Works)
F. 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 site must 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)
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 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 10-foot of right-of-way shall be dedicated
and shown on the change of zone plat. (Department of Public Works)
Resolution CZ-1029
Steve Brancucci
Page 4
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 and shown on the change of zone plat.
(Department of Public Works)
11) The US 85 Access Plan requires major intersection improvements due to the
reduction in allowed turns at the intersection of US 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 Weld
County Road 4 and State Highway 85 intersection. (CDOT)
12) The geology report states that the land is currently irrigated for vegetables. The
applicant sh all show and identify a II existing irrigation / d itch systems for t his
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)
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) Any existing septic system(s) which is not currently permitted through the Weld
County Department of Public Health & Environment, Environmental Health
Services 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 systems 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. (Department of Public Health and
Environment)
Resolution CZ-1029
Steve Brancucci
Page 5
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21) 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)
22. 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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