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Home My WebLink About20032805.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Brancucci Case Number CZ-1028 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Planning Commissioner Field Check Form, not received Letter to Applicant Affadavit of sign posting Legal Notifications 2 Application X Maps Surrounding Property/Mineral Owners Utilities 3 Referral List X 4 Referrals without comment X Adams County Planning, referral received 12-13-2003 X Weld County Code Compliance, referral dated 12-10-2002 X Referrals with comments 5 Weld County Sheriffs Office, referral dated 12-23-2002 X 6 Greater Brighton Fire Protection District, referral received 12-16-2002 X 7 State of Colorado, Office of the State Engineer, referral received 12-19-2002 X 8 Colorado Department of Transportation, referral received 12-23-2002 X 9 Weld County Department of Building Inspection, referral dated 12-30-2002 X 10 Weld County Department of Public Works, referral dated 01-02-2003 X 11 Weld County Department of Public Health and Environment, referral dated 01-21- X 2003 12 City of Fort Lupton, referral dated 01-31-2003 X 13 Town of Brighton, referral received 02-12-2003 X 14 Surrounding Property Owners X 15 PC Exhibits 16 Licensed Waste Hauler Manifest, dated 2-18-2003 X 17 Material Safety Data Sheet(MSDS)for On-Site chemicals X 18 Statement of Operation X = EXHIBIT COE-#1O1.8 2003-2805 I hereby certify that the 18 items identified herein were submitted to he Department of Planning Services at or prior to the sche• led B.- d of County Commissioners hearing. f Kim O• a :• Plan -r Ill n 6 LAND USE APPLICATION WUDc. SUMMARY SHEET COLORADO CASE HEARING DATE: February 18, 2003 NUMBER: CZ-1028 APPLICANT: Steve Brancucci ADDRESS: c/o Intermill Land Surveying, Inc., 1301 North Cleveland, Loveland, CO 80640 REQUEST: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District. LEGAL DESCRIPTION: N2 N2 NE4 of Section 30, T1 N, R66W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to WCR 6 and East of and adjacent to State Hwy 85 ACRES: 29.88 +/-Acres PARCEL# 1471-30-000007 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 12-10-2002 • Weld County Sheriffs Office, referral received 12-12-2002 • Adams County Planning, referral received 12-13-2002 • Greater Brighton Fire Protection District, referral received 12-16-2002 • Office of the State Engineer, Division of Water Resources, referral received 12-19-2002 • Colorado Department of Transportation, referral received 12-23-2002 • Weld County Department of Public Works, referral received 1-3-2003 • Weld County Department of Public Health and Environment, referral received 1-3-2003 • Town of Fort Lupton, referral received 1-4-2003 The Department of Planning Services' staff has not received responses from: • Weld County Building Inspection, referral received • Union Pacific Railroad, referral received • Fulton Ditch Company, referral received • City of Brighton, referral received • West Adams County Soil District, referral received EXHIEUT 1 � i Ott% CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: CZ-1028 PLANNER: Kim Ogle APPLICANT: Steve Brancucci ADDRESS: Go Intermill Land Surveying, Inc., 1301 North Cleveland, Loveland, CO 80640 REQUEST: Change of Zone from the A (Agricultural)Zone District to the 1-3 (Industrial)Zone District. LEGAL DESCRIPTION: N2 N2 NE4 of Section 30, T1N, R66W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to WCR 6 and East of and adjacent to State Hwy 85 ACRES: 29.88 +/- PARCEL# 1471 30 000007 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." 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. (.Policy 2.1. states "Accommodate new industrial development within planned industrial areas." UGB.Goal 2 states "Concentrate urban development in or a djacent to existing 2 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. 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 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 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-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 Health and Environment. The Weld County Department of Public Health 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 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 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) 4 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) 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 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) 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. (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) 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. 6 Kitt ' DEPARTMENT OF PLANNING SERVICES • PHONE (970) 353-61 00, EXT.3540 FAX (9(970) 3004-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 December 9,2002 Steve Brancucci C/o Intermill Land Surveying, Inc. 1301 North Cleveland Loveland, CO 80640 Subject: CZ-1028- Request for a Change of Zone from A (Agricultural) to I-3 (Industrial) on a parcel of land described as N2 E2 SE4 of Section 30,T1 N, R66W 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 February 18, 2003, at 1:30 p.m. This meeting will take place at the Southwest Weld County Complex, 4209 WCR 24 %, Longmont, 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.B4O1-1088)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 Brighton and Ft.Lupton Planning Commission for their review and comments. Please call Brighton(303)655-2023 and Ft. Lupton at(970)857-6694 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 Brighton and Ft.Lupton 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, Kim Ogle Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS FEBRUARY 8, 2003 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A CHANGE OF ZONE IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR STEVE BANCUCCI; CHANGE OF ZONE FROM A (AGRICULTURAL) TO I-3 (INDUSTRIAL) ON A PARCEL OF LAND DESCRIBED AS N2 E2 SE4 OF SECTION 30, Ti N, R66W; LOT B OF CORR RE-470, SE4 SE4 OF SECTION 30, Ti N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO VONEEN MACKLIN Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD March I The foregoing instrument was subscribed and sworn to me this�t day of V I arch , 2003. 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TYPE FEES° 4221-RE/SE • ; 4221-REISE /�J) 4221 .ZPMIIIMIIZPIZPAD • 4221 -ZPMIIIMIIZPfZPAO 4221-USA ' 4221-USD 4221 -SITE PLAN REVIEW • 4221 •SITE PLAN REVIEW 4221 -cD?�-- t Got_ A a C-3' Sib— 1221-0O2 1 CO2 13 4 oo- Oa 4221-PUB , 4221 •PUD 4221 -SUBDIVISION 4221-suanivlsiow • 4221 -BOA 4221 -BOA 4221-MINOR SUB4221-MINOR SUB . 4221 •FIIOPIGIIDP 4221-FIIDPIGIIOP . • ' 4221•REPLAT • 9221 -REPLAT C • 6560-RECORDING FEE 6560•RECORDING FEE 4430•MAPSIPURLICATIONS . 4430-MAPS/PUBLICATIONS 4730-fNVE&-1E1A- 8N-FEE ,&.. t44-I& 4 .^ e 12,0 tS. 4730-INVESTIGATION FEE •/I 4430-POSTAGE IANDLING - 4430•PaS4,4-& H*Yd4LiNt sA[o/etctg.i4&c SOS Woiirfr 44- la t. ON-CALL PLANNER L-ts Vt. • ile+� ON-CALL PLANNER Lu • 11� ' • lib()•GAO I CASII la CHECK NO: an 5V.0 CPU/ I TOTAL ® CASII L CHECK ND: III t TOTAL RECEIPT It Q Q�3° !ZD`� Fasv►I:�c. e RECEIPT • - it A® ' O © WELD COUNTY, COLORADO a. DEPARTMENT OF PLANNING SERVICES 1555 N.17TH AVENUE, GREELEY,CO 80631 PHONE(970)353-6100, EXT.3540-FAX(970) 304-6498 DATE: -.-\rc ik+g �`- 20 0L\ RECEIPT 3 I RECEIVED FROM: Atc'`v^ i Lbw 4%. U ve.- NO. TYPE FEES 4221 -RE/SE - 4221-ZPMH - -4221 -USR - - 4221 -SITE PLAN REVIEW 4221 -:COZ - r_ 4221-PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS - 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ,-„? -1 g_,_ to z9 Gt.4(� �i tz-00 MISC. H2.00 O CASH p'CHECK NO: zS S (l/y pTOTA{L uQc WHITE-CUSTOMER CANARY-FINANCE PINK-FILE CONC. APPLICATION FLOW SHEET COLORADO - _ APPLICANT: STEVE BRANCUCCI CASE#: CZ-1028 ' REQUEST: Change of Zone from A(Agricultural)to 1-3 (Industrial) LEGAL: N2 E2-SE4 30-1-66&SE4 SE4 30-1-66 of the 6th P.M.,Weld County, CO LOCATION: South of and adjacent to Weld County Road 6 and east of and adjacent to SH 85 PARCEL ID#: 1471 30 000007 - ACRES: 29.88 +/- DATE. BY Application Received - 12-4-2002 , LU ' Application Complete 12-9-2002 ko PC Hearing Date: tate°' Action: / ,2-18-2003 VOO Utility Board Date: . PC Sign to be Posted By: 2-3-2002 PC Sign Posted 2-3-63 V+V1 Referrals Listed ' File Assembled li,dt'pY . Referrals Mailed t2 ,4 ,O'2 Chaindexed - 12-4 ' 02 Letter to Applicant Mailed 'I2. 41 ` 0-2.-- Date Public Notice Published in County Newspaper • . Surrounding Property& Mineral Owners Notified (j- c • 07-- - Planning Technician Maps Prepared - Field Check by DPS Staff ) > l — ?d`1,. k-a195 Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case , Case Sent to Clerk to the Board 2- 1.4-53 v Nl CC Hearing: {0 . ig.A Action: A, 4-p it.10 ,t93 CC Sign to be Posted By: Wean tl. S 'v3 v+M CC Sign Posted Plat and/or Resolution Recorded Recorded op.Maps and filed - I-7-0V yy Overlay Districts Geologic Yes_ No_x_ Zoning Agricultural -prime/other Flood Hazard Yes No x— Airport Yes_ No x Panel#080266 0983 C Road Impact Yes_x - No County Area, 1_ 2_ 3_4_x_ Steve Stencil -970 669 0516 • FIELD CHECK inspection date: January 23, 2003 CASE NO: CZ-1028 APPLICANT: Steve Brancucci LEGAL: N2 E2 SE4 of Section 30, TIN, R66W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to WCR 6; East of and adjacent to State Hwy 85. Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A(Agricultural) W Agricultural COMMENTS: Property is level and planted in crop. WCR 6 is a paved two lane road Utilities overhead and in right-of-way Single Family Residence with detached garage at SW4 of CR6 and CR 27. Entire property is fenced, gated and locked. Irrigation ditches visible Field Checked with Pam Smith, Health Department <i Ogl fanner III Hello