HomeMy WebLinkAbout20033023.tiff HEARING CERTIFICATION
DOCKET NO. 2003-76
RE: CHANGE OF ZONE #1028 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (INDUSTRIAL) ZONE DISTRICT - STEVE BRANCUCCI
AND
DOCKET NO. 2003-77
RE: CHANGE OF ZONE #1029 FROM THE A(AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (INDUSTRIAL) ZONE DISTRICT - STEVE BRANCUCCI
A public hearing was conducted on November 5, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 10, 2003, and duly published October 16,
2003, in the South Weld Sun, a public hearing was conducted to consider the request of Steve
Brancucci for Change of Zone#1028 from the A(Agricultural)Zone District to the 1-3 (Industrial)
Zone District. Commissioner Masden also called to order Change of Zone#1029 to be considered
simultaneously. Lee Morrison,Assistant County Attorney,made both cases a matter of record. Kim
Ogle, Department of Planning Services, presented a brief summary of the proposals and entered
the favorable recommendations of the Planning Commission into the record as written. Mr. Ogle
gave a brief description of the location of the sites. He stated Adams County indicated no conflict
with its interests,the City of Brighton provided comments regarding screening,and the City of Fort
Lupton expressed concern regarding compatibility. He further stated the Fort Lupton comments
were not received or considered by the Weld County Planning Commission. Mr. Ogle stated the
property for Change of Zone#1028 is presently serviced by a private domestic well and a septic
system. He stated in 1963 Weld County changed the property's zoning to Industrial without regard
to property lines;and the proposed uses will be compatible with surrounding land uses. He further
stated a Site Plan Review will be required prior to any industrial use occurring, and the street
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HEARING CERTIFICATION - STEVE BRANCUCCI (COZ#1028 AND #1029)
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facilities are adequate. Mr. Ogle stated water and sewer service can be made available, and the
referral agencies will have an additional opportunity to address water and sewer issues during the
Site Plan Review process. He stated 15 referral agencies reviewed this proposal,nine responded
with comments that have been addressed in the Conditions of Approval, and staff received no
comments from surrounding property owners.
Regarding the application for Change of Zone#1029, Mr. Ogle stated Adams County,the City of
Brighton,and the City of Fort Lupton each provided the same comments;however,this property is
not within the three-mile referral area for the City of Fort Lupton.
In response to Commissioner Geile, Mr. Ogle stated both Change of Zone cases were listed on the
Planning Commission's Consent Agenda and were forwarded with a favorable recommendation.
However, the Fort Lupton Planning Commission recommends these applications be denied. He
stated staff can require screening of outdoor storage areas on industrial uses through the Site Plan
Review process. Responding to Commissioner Vaad,Mr.Ogle stated Weld County does not have
architectural guidelines for structures in the Industrial Zone District;however,a referral will be sent
to the cities of Brighton and Fort Lupton and their comments will be addressed in the Site Plan
Review Conditions of Approval. In response to Commissioner Geile, Mr. Ogle stated there is no
precedent for requiring the applicant to enter into an annexation agreement. Responding to
Commissioner Masden,Mr.Ogle stated lighting,screening,etcetera,will be addressed during the
Site Plan Review process; however, landscaping is not required in the Industrial Zone District.
Pam Smith, Department of Public Health and Environment,stated Condition of Approval#2.C for
Change of Zone#1028 has been completed and can be deleted. She further stated Conditions of
Approval #2.C and #2.D for Change of Zone #1029 have been satisfied and can be deleted.
Donald Carroll, Department of Public Works,stated there is a new traffic light at the intersection of
Weld County Road 6 and Highway 85,and there are also some improvements scheduled for Weld
County Roads 6,7,and 26,which are associated with other projects. Mr.Carroll stated he will work
on the project through the Site Plan Review process regarding access, parking, and off-street
parking for equipment;and the Planning staff will review screening and landscaping. He stated the
Department of Public Works will also review the applicant's share of improvements on Weld County
Road 6. In response to Commissioner Jerke, Mr. Carroll stated a right-of-way reservation was
requested by the Colorado Department of Transportation (CDOT), and that will be shown on the
plat. Mr.Carroll stated the acceleration and deceleration lanes and left turn slots which accompany
the gravel pits have been extended;however,he is not sure whether there is a lane for traffic going
east of Weld County Road 6. Responding to Commissioner Masden, Mr. Carroll stated Weld
County Road 8 is planned for expansion,and Weld County Road 6 has 60 feet for right-of-way and
is not identified for widening. Commissioner Jerke commented the growth in the area may require
more than 60 feet of right-of-way in the future. Commissioner Masden commented the intersection
at Weld County Road 4 and Highway85 will eventually be closed,therefore,additional right-of-way
should be required for the intersection at Road 6. Mr. Morrison suggested the Board reclassify the
roads in the Transportation Plan rather than additional right-of-way on an ad hoc basis. He stated
the applicants need a specific basis to comply with. He suggested the Board inquire of the
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HEARING CERTIFICATION - STEVE BRANCUCCI (COZ #1028 AND #1029)
PAGE 3
developer and it may be better addressed in the Site Plan Review process. Responding further to
Commissioner Masden, Mr. Carroll stated the contemplated improvements on Weld County
Road 27 at roads 4, 6, and 8 is not currently an active project.
In response to Commissioner Jerke, Steve Brancucci, applicant, agreed to reserve additional
right-of-way for Weld County Road 6 if an equal amount is required on both sides of the section line.
No public testimony was offered concerning these matters. Mr. Ogle stated Patina Oil and Gas
provided a letter requesting the drilling windows be delineated on the plat. He stated the applicant
has agreed to that request,therefore Condition of Approval#2.D for Change of Zone#1028, and
Condition#2.E for Change of Zone#1029,can be deleted. In response to Commissioner Masden,
Mr. Brancucci stated he has reviewed and agrees with the Conditions of Approval,as modified. Mr.
Morrison stated the Board will need to make specific findings regarding the issue of the City of Fort
Lupton Intergovernmental Agreement(IGA). He explained they must determine whether this is an
urban or non-urban use,review the unique circumstances of how this Zone District was created by
action of the County and its relationship to the rest of the parcel, and whether it is appropriate to
deny the request due to the zoning history on this parcel.
Commissioner Geile stated Change of Zone #1028 is within the Fort Lupton Urban Growth
Boundary; however, the IGA with Fort Lupton does not specifically delineate urban versus non-
urban. He further stated there is a significant amount of industrial zoning in the area which occurred
prior to this application. Based on those comments and the recommendations of the Planning staff
and the Planning Commission, Commissioner Geile moved to approve the request of Steve
Brancucci for Change of Zone#1028 from the A (Agricultural)Zone District to the 1-3 (Industrial)
Zone District, with the Conditions of Approval as entered into the record. His motion included
deleting Conditions of Approval#2.C and#2.D. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
Based on the previously cited findings and the recommendations of the Planning staff and the
Planning Commission, Commissioner Geile moved to approve Change of Zone #1029 from the
A(Agricultural)Zone District to the 1-3(Industrial)Zone District,with the Conditions of Approval as
entered into the record. His motion also included deleting Conditions of Approval#2.C,#2.D,and
#2.E. Commissioner Vaad seconded the motion,which carried unanimously.There being no further
discussion, the hearing was completed at 12:10 p.m.
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HEARING CERTIFICATION - STEVE BRANCUCCI (COZ#1028 AND #1029)
PAGE 4
This Certification was approved on the 5th day of November 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,' „. �, EXCUSED
1 fl ♦ D id Lin C air
Weld County Clerk to t o . s„ J ^ I I
S • oa�
Rotert D. sden, Pro-Tern
BY:
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Deputy Clerk to th .��• � ��� 1/44-
NI4 M. J. Geile
TAPE #2003-42 -776/.,--,
William H. Jerke
DOCKET#2003-76 and #2003-77
Glenn Vaad
2003-3023
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ #1029 - STEVE BRANCUCCI
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/18/03)
D. Clerk to the Board Notice of Hearing (04/09/20003)
E. Health Staff Approval of Waste Handling Plan
(3/18/2003)
F. Planning Staff Request for Continuance (4/2/2003)
G. Patina Oil and Gas Letter of Concern (4/8/2003)
H. Applicant Letter requesting scheduling hearing
(09/24/2003)
I. Applicant Letter and map from Patina received
11/03/2003
J. Clerk to the Board Notice of Hearing (11/05/2003)
K. Patina Oil and Gas Letter regarding drilling windows
(10/20/2003)
L. Health Staff Letter re: Septic system (02/21/2003)
M.
N.
O.
P.
Q.
R.
S.
T.
U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF NOVEMBER, 2003:
DOCKET#2003-76 -STEVE BRANCUCCI
DOCKET#2003-77 - STEVE BRANCUCCI
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
S J{. sktoco Rti i.1. C(edtlovid 4+t-1 1/4-T- 11 ( 1b0 l
Av+( l/1U-AM) l5O5-0 LvctCa9 (0 ' R7 L ,v tI
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ #1028 - STEVE BRANCUCCI
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/18/03)
D. Clerk to the Board Notice of Hearing (04/09/2003)
E. Planning Staff Memorandum requesting Continuance
(4/2/2003)
F. Patina Oil and Gas Letter of Concern (4/8/2003)
G. Planning Staff Letter from Applicant re: Scheduling
(09/26/2003)
H. Applicant Letter requesting scheduling hearing
(09/24/2003)
Applicant Letter and map from Patina received
11/03/2003
J. Clerk to the Board Notice of Hearing (11/05/2003)
K. Health Staff Letter re: Septic system (02/21/2003)
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF NOVEMBER, 2003:
DOCKET#2003-76 - STEVE BRANCUCCI
DOCKET#2003-77 - STEVE BRANCUCCI
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
S—e,tc ?bnct\ Idol i..l. Cle lmnd 4u-. Lc j.. 1J G (b052,1
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