HomeMy WebLinkAbout20031562.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Great Western Railway Case Number CZ-1040
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form N/A
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referrals without comment/Referral List X
Division of Wildlife, referral received 5/23/2003 X
Weld County Zoning Compliance, referral received 5/1/2003 X
4 Referrals with Comments X
Weld County Public Health and Environment, referral received 5/28/2003 X
Town of Windsor, referral received 5/22/2003 X
Weld County Public Works, referral received 5/14/2003 X
West Greeley Soil Conservation District, referral received 5/7/2003 X
Weld County Building Inspection, referral received 5/13/2003 X
Windsor/Severance Fire Protection District, referral received 5/16/2003 X
City of Greeley, referral received 5/16/2003 X
EDAP, referral received 5/6/2003 X
5 PC Exhibits X
5a Phone Log X
5b Greeley Tribune Article,dated 5/22/2003 X
5c Louise Lowe, Letter received 5/29/2003 X
5d Joseph Plummer/Town of Windsor, E-mail to Planning X
EXIcIBIT
2003-1562 !/,\
One 470YO
5e Planning Staff, Proposed Changes in Staff Comments X
5f Landisor-Aerial Map(applicant to provide reduced copy) X
5g Public Works, Proposed Changes X
I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Board of County Commissioners hearing. \`_inn
Monica Mika ❖ Planning Director
� '
I Lo LAND USE
SUMMARY SHEET
COLORADO
CASE NUMBER: CZ-1040 HEARING DATE: June 3, 2003
PLANNER: Monica Mika
APPLICANT: Great Western Railway Company of Colorado, LLC
ADDRESS: 252 Clayton Street, 4' Floor, Denver, CO 80306
REQUEST: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone
District.
LEGAL DESCRIPTION: SW4NW4/N2NW4 of Section 25; part of the E2SE4 of Section 23;
and the SW4 of Section 24, located in all of T6N, R67W of the 6th
P.M., Weld County, CO
LOCATION: North and south of CR 64-3/4; north of and adjacent to CR 66; east of CR 23; and
north of and adjacent to Eastman Park Drive.
PARCEL ID #:080725 000012; 0807 23 000018; 0807 24 000019 ACRES: 143+/-
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 5-1-2003
• Windsor/Severance Fire Protection District, referral received 5-16-2003
• Weld County Department of Public Works, referral received 5-14-2003
• Weld County Department of Public Health and Environment, referral received 5-28-03
• City of Greeley, referral received 5-16-2003
• Weld County Building Inspection, referral received 5-13-2003
• West Greeley Conservation Soil District, referral received 5-7-2003
• Town of Windsor, referral received 5-23-03
• Division of Wildlife, referral received 5-13-03
The Department of Planning Services' staff has not received responses from:
• Colorado Department of Transportation
• Town of Severance
• Whitney Ditch Company
• Weld County Sheriffs Office
EXHIBIT
1
CHANGE OF ZONE
Alit� ADMINISTRATIVE RECOMMENDATION
wilgt
COLORADO
CASE NUMBER: CZ-1040
PLANNER: Monica Mika
APPLICANT: Great Western Railway Company of Colorado, LLC
ADDRESS: 252 Clayton Street, 4th Floor, Denver, CO 80306
REQUEST: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone
District.
LEGAL DESCRIPTION: SW4NW4/N2NW4 of Section 25; part of the E2SE4 of Section 23;
and the SW4 of Section 24, located in all of T6N, R67W of the 6th
P.M., Weld County, CO
LOCATION: North and south of CR 64-3/4; north of and adjacent to CR 66; east of CR 23; and
north of and adjacent to Eastman Park Drive.
PARCEL ID #:080725 000012; 0807 23 000018; 0807 24 000019 ACRES: 143+/-
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED 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."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." The site is contiguous
adjacent with the Urban Growth Boundary to the Town of Windsor as defined in the
Weld County Code. Cu. Tthe Town of Windsor's icttcr of May 22, 2003,
defines the site as both estate and industrial. Planning Commission is forwarding
a conditional recommendation of approval on the 1-3 use as stated from an e-
r, mail from Joe Plummer dated 5/28/03.
2
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.
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. The Town of Windsor has committed to
provided water and sewer as referenced in a letter dated April 29, 2003, from Rod
Wensing, Town Administrator and Dennis Wagner, Director of Engineering for
Windsor.
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
3
engineered foundation plans (with registered Colorado engineer stamp) is
required for all 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 pages of the plat shall be labeled CZ-1040 (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. Any abandoned septic system must comply with the Weld County Code Section 30-
4-20 (D). The applicant should contact the Department to update existing septic
permit records if the system is abandoned. (Department of Public Health and
Environment)
D. 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)
E. 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. The disposal of domestic sewage sludge, commercial
junkyard and salvage yard has been eliminated from the uses allowed on
this site as stated by the applicant. (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)
4
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) Effective January 1, 2003, Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County Road Impact
Program.(Ordinance 2002-11)
8) 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)
9) 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)
10) CR 23 is classified by the County as a collector road and requires an 80-foot
right-of-way between SH 392 and CR 64 %. The applicant shall verify the
existing right-of-way. The documents creating the right-of-way shall be
noted on the change of zone plat, and 40-feet of right-of-way shall be
shown. If the right-of-way cannot be verified, a 40-foot right-of-way will be
dedicated on the site plan review. CR 23 is paved between SH 392 and CR
64 %. (Department of Public Works)
11) CR 66 is classified by the County as a collector road and requires an 80-foot
right-of-way. The applicant shall verify the existing right-of-way. The
documents creating the right-of-way shall be noted on the change of zone
plat, and 40-feet of right-of-way shall be shown. If the right-of-way cannot
be verified, a 40-foot right-of-way will be dedicated on the site plan review.
CR 66 is paved adjacent to this site. (Department of Public Works)
12) CR 643/4 is classified by the County as a collector road and requires an 80-
foot right-of-way. The applicant shall verify the existing right-of-way. The
documents creating the right-of-way shall be noted on the change of zone
plat, and 80-feet of right-of-way shall be shown. If the right-of-way cannot
be verified, an 80-foot right-of-way will be dedicated on the site plan review.
CR 64 3/< is paved adjacent to this site. (Department of Public Works)
13) At the time of the Site Plan Review, and prior to release of Building Permits,
the applicant shall submit two sets of construction drawings that bear the
wet stamp of a Colorado registered architect or engineer,to the Department
of Building Inspection for review and approval. (Department of Building
Inspection)
5
14) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and
removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
15) 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)
16) 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)
17) Fugitive dust shall be controlled on this site. (Department of Public Health
and Environment)
18) This facility shall adhere to the maximum permissible noise levels allowed
in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended.
(Department of Public Health and Environment)
6
(„itt-t-Ht;t:,
,...., ' DEPARTMENT OF PLANNING SERVICES
I�`pc. PHONE (970)353-6100, EXT.3540
155 (970) 304-6498
17THAVENUE
COLORADO GREELEY, COLORADO 80631
May 1,2003
Great Western Railway Company of Colorado, LLC
RE: Ruth Winder Revocable Trust
252 Clayton Street,4'"Floor
Denver, CO 80306
Subject: CZ-1040- Request for a Change of Zone from A(Agricultural) to the 1-3 (Industrial ) Zone District on a
parcel of land described as SW4NW4/N2NW4 Section 25; part of the E2SE4 Section 23; and the SW4
Section 24, all located in T6N, R67W 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 June 3,2003, at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, 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 Greeley, Severance and Windsor Planning Commission for their
review and comments. Please call Greeley at(970)350-9780,Severance at(970)686-1218 and Windsor at(970)686-
7476, 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 Greeley, Severance and Windsor 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,
`( .1 AlenIco Aifi) 6
Monica Daniels Mika,AICP
,,--- Director
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FIELD CHECK CZ-1040 inspection date:5/15/03
CASE NUMBER: CZ-1040
APPLICANT: Great Western Railway Company of Colorado, LLC
LEGAL DESCRIPTION:SW4NW4/N2NW4 Section 25; part of the E2SE4
Section 23; and the SW4 Section 24, all located in T6N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: North and south of CR 64 3/4; north of and adjacent to CR 66; east of
CR 23; and north of and adjacent to Eastman Park Drive.
Zoning Land Use
N A (Agricultural) N
.-- E A (Agricultural) E
S A (Agricultural) S
W A (Agricultural) I W
COMMENTS: Access to the site is off CR 23 E' CR 66 - they are paved
county roadways.
Homes to the west of site
North of site is a rural subdivision with large lots
Topography of site is flat
Site is presently in Hay with the ditch splitting the site
House on Northwestern ridge
South of site there is a bend in CR 66 with appx 10 homes within a
500 feet span
There is existing improvements on the old farm
1/8 mile away is Kodak Polychrome Metal Container Corp
CR 66 turns into Eastman Parkway to the west
Hwy 257 is west of the site with Hwy 392 running parallel to site on
the north
Hello