HomeMy WebLinkAbout20032803.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1028 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 the A(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 N1/2 NE1/4 of Section 30, 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. 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 A(Agricultural)and 1-3(Industrial).
Part of the western most area of this parcel is zoned 1-3 (Industrial) per
Change of Zone#45, approved by the Board of County Commissioners in
1963. I.Policy2.1 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,
2003-2803
PL1654
(n; /'4 42'3,/2) ALc Cam) /0-2/643
CHANGE OF ZONE (COZ#1028) - STEVE BRANCUCCI
PAGE 2
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 23-2-40.6.2 -- The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. Surrounding land uses are Agricultural and Industrial
in nature. 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.B.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 23-2-40.6.4 -- 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.
e. Section 23-2-40.B.5--In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
2003-2803
PL1654
CHANGE OF ZONE (COZ#1028) - STEVE BRANCUCCI
PAGE 3
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 registered
Colorado engineer 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.
f. The subject property is within the Fort Lupton Municipal referral area and
outside the Urban Growth Area,and the language of the Intergovernmental
Agreement encourages the County to deny proposals for urban development
where legally possible;however,the Intergovernmental Agreement with the
City of Fort Lupton does not specifically delineate urban versus non-urban
uses and it is not clear that the anticipated use for the property will, in fact,
be urban in nature.
g. This property has a unique historywhich affects the legal ability of the County
to deny this application. There is a significant amount of industrial zoning in
the area and the western most 650 feet of the property was zoned Industrial
by County-sponsored action in 1963. The line delineating this zone
designation is an arbitrary one and does not follow any property lines.
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 pages of the plat shall be labeled CZ-1028.
B. Adhere to Section 27-9-20 of the Weld County Code which outlines the
requirements for the Change of Zone plat.
2003-2803
PL1654
CHANGE OF ZONE (COZ#1028) - STEVE BRANCUCCI
PAGE 4
C. The applicant shall delineate and label all existing structures on the Change
of Zone plat.
D. 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.
E. The applicant shall provide a letter of confirmation to the Department of
Public Works from the appropriate oil/gas owners verifying intended future
drilling/exploration operations on this property.
F. 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.
G. 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.
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 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.
2003-2803
PL1654
CHANGE OF ZONE (COZ#1028) - STEVE BRANCUCCI
PAGE 5
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.
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 on the Final plat. The additional ten(10)
feet 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.
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 the Colorado Department of Transportation(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.
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.
2003-2803
PL1654
CHANGE OF ZONE (COZ#1028) - STEVE BRANCUCCI
PAGE 6
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) 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 CDOT 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
WELD COUNTY, COLORADO
ATTEST: /�`; R`', EXCUSED
�. y: :\ D id E. Long, Ch it
Weld County Clerk to B+-j 1$
Ro ert D. den, Pro-Tem
BY: • riS1nr �I
Deputy Clerk to the �GuN
��►� M. J. eile
O DAST M: ‘1-n i ki
William H. Jerk
ounty Attorne All/ tA
Glenn Vd
Date of signature:
2003-2803
PL1654
Hello