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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, 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: PUDZ12-0003
APPLICANT: BIG THOMPSON INVESTMENT HOLDINGS LLC
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL)ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SIX (6)
LOTS WITH C-3 (BUSINESS COMMERCIAL), I-1, 1-2, AND 1-3 (INDUSTRIAL)
USES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -4915; PART S2SE4 SECTION 35, T6N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 62 AND WEST OF AND ADJACENT TO CR
47.
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 27-5-30 of the
Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows:
A. Section 27-6-120.6.6.a - The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26
(Mixed Use Development) of the Weld County Code.
Sec. 22-2-80 (A. l.Goal 1) Promote the location of industrial uses within municipalities,
County Urban Growth Boundary areas, Intergovernmental Agreement, urban growth
areas, growth management areas as defined in municipalities' comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or
where adequate services are currently available or reasonably obtainable.
Sec. 22-2-80 (1. (.Policy 1.1.) states: "Ensure that adequate industrial levels of services and
facilities are currently available or reasonably obtainable to serve the industrial development
or district."
Section 22-2-80 6 (1. Goal 2). states: "Encourage appropriate industrial development to annex
into a municipality if the new or expanding industrial development is adjacent to the
municipality's corporate limits."
Section 22-2-40 C (UD. Goal 3) states: "Until Intergovernmental Agreements are in place with
a particular municipality, define a standard County Urban Growth Boundary as a one -quarter -
mile perimeter around the municipal limits that are currently physically served by central
sewer (whether by the municipality or other recognized agencies)."
The proposed PUD is located outside of an Intergovernmental Agreement area but is
located immediately adjacent to the municipal limits of the City of Greeley (to the west)
and is located approximately 600-700 feet to the west of a Greeley -Weld County Airport
runway. The PUD is to be served by public water (North Weld County Water District). The
applicant is proposing individual septic systems for this development. The City of Greeley
has indicated that annexation is not required at this time because (with the exception of
the far southwest portion of the site) the proposed PUD is located more than 400 -feet
02a/3-ovab
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RESOLUTION PUDZ12-0003
BIG THOMPSON INVESTMENT HOLDINGS LLC
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from the City of Greeley sewer system. The proposed PUD is adjacent to the City of
Greeley municipal limits and is located within 'A mile of existing Greeley sanitary sewer,
and the proposed subdivision is proposed to have commercial and industrial uses
potentially generating a lot of traffic from trucks and heavy equipment. As a result staff
has determined that the internal roadway should be paved.
2. l.Policy 3.2 The land use applicant should demonstrate that the roadway facilities
associated with the proposed industrial development are adequate in width, classification
and structural capacity to serve the development proposal.
A sixty -foot (60) right-of-way is required for the internal roadway. Due to the industrial and
commercial uses proposed for the PUD. The internal road shall be paved.
D. I. Goal 4. All new industrial development should pay its own way.
1. (.Policy 4.1. New development should pay for the additional costs associated with those
services directly impacted by the new industrial development.
The applicant is required to enter into an Improvements and Road Maintenance Agreement
for the onsite and offsite work to be done.
Section 22-2-80 F. (I. Goal 6) states," Minimize the incompatibilities that occur between
industrial uses and surrounding properties".
Section 22-2-80.F.1(l.Policy 6.) states," Consider the compatibility with surrounding land
uses and natural site features."
Section 22-2-80.F.2 ((Policy 6.2) states, "Support the use of visual and sound barrier
landscaping to screen open storage areas from residential uses or public roads."
The proposed development is located in close proximity to the Greeley -Weld Airport but is
also immediately adjacent to an existing single family residential property that would be
surrounded by the development on three (3) sides and is directly across County Road 47
from two additional residences. The development guide indicates that buffering will be
provided by the large lot sizes and that landscaping will be xeriscaped with minimal
landscape maintenance required. Landscaping improvements and plans are typically
addressed at the site plan review stage for the individual lots in the PUD. However, this
location is already in close proximity to existing single family residences. Therefore, due to
the proximity of residences to proposed commercial and industrial uses, the Department of
Planning Services is requiring an overall landscaping and screening plan for the PUD to
address screening and buffering of future commercial and industrial uses from adjacent
residences to be submitted with the final plat application. The Department of Planning
Services is requiring a minimum 50 -foot wide outlot to be utilized as a landscape and
screening buffer around the nearest residence to be surrounded on three (3) sides by the
proposed PUD.
B. Section 27-6-120.8.6.b - The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27
of the Weld County Code.
Sec. 27-2-20. Access standards.
All PUD developments will be served by an internally paved road system according to County
standards. An exception to paving may be granted by the Director of Public Works for
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RESOLUTION PUDZ12-0003
BIG THOMPSON INVESTMENT HOLDINGS LLC
PAGE 3
residential PUDs of nine (9) lots or less located in nonurban areas as defined in Chapter 22 of
this Code, when the PUD is not located within close proximity to other PUDs, subdivisions
and municipal boundaries, and when access to the PUD is not from a public road which is
paved or will be paved within a year of approval of the PUD.
The application indicates that gravel and/or road base will be utilized at the entrance and the
internal roadways in the proposed PUD and is requesting a waiver from the paved road
system requirement. The PUD will contain industrial and commercial uses which will
potentially generate considerable traffic (including heavy vehicle traffic). Additionally
residences are located in close proximity to this proposed PUD and the proposed PUD is
located approximately 400 -feet from City of Greeley sanitary sewer (in the urban growth area
for Greeley). Staff has determined that an internal paved road (Urban Local Road Interim
Cross Section) is required.
Sec. 27-2-30. Buffering and screening.
Uses, buildings or structures within and adjacent to a PUD Zone District shall be adequately
buffered and screened to make their appearance and operation harmonious with the
surrounding uses.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the C-3 (Business Commercial), I-1 (Industrial), 1-2 (Industrial) and 1-3
(Industrial) Zone Districts for the proposed (6) six -lot PUD.
Sec. 27-2-70. Compatibility.
The density, design and location of land uses within and adjoining a PUD shall be designed
to be compatible with other uses within and adjoining the PUD. Compatible uses shall be
determined by evaluating the general uses, building height, setback, offset, size, density,
traffic, dust, noise, harmony, character, common open space, screening, health, safety and
welfare of the PUD in relation to surrounding uses.
The proposed development is located in close proximity to the Greeley -Weld Airport but is
also immediately adjacent to an existing single family residential property that would be
surrounded by the development on three (3) sides and is directly across County Road 47
from two additional residences. The development guide indicates that buffering will be
provided by the large lot sizes and that landscaping will be xeriscaped with minimal
landscape maintenance required. Landscaping improvements and plans are typically
addressed at the site plan review stage for the individual lots in the PUD. However, this
location is already in close proximity to existing single family residences. Therefore, due to
the proximity of residences to proposed commercial and industrial uses, the Department of
Planning Services is requiring an overall landscaping and screening plan (including a
minimum 50 -foot wide outlot adjacent to Lot A RE -4915) to address screening and buffering
of future commercial and industrial uses from adjacent residences.
Sec. 27-2-190. Urban scale development.
Urban scale developments are developments exceeding nine (9) lots and/or located in close
proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and
boundaries. All urban scale developments shall pave the internal road systems of the
development. Urban scale development requires support services such as central water,
sewer systems, road networks, park and recreation facilities and programs, and storm
drainage. The proposed PUD is located directly adjacent to the municipal limits of the City of
Greeley and is approximately 400 -feet from existing City of Greeley sanitary sewer system. A
paved internal roadway is therefore required.
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RESOLUTION PUDZ12-0003
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C. Section 27-6-120.8.6.c - That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities. The proposed PUD is located outside of an
Intergovernmental Agreement area and urban growth area boundary but is located
immediately adjacent to the municipal limits of the City of Greeley (to the west) and is located
approximately 600-700 feet to the west of a Greeley -Weld County Airport runway. The City of
Greeley, in their referral dated December 17, 2012, states that this site is located within the
City of Greeley Long Range Expected Growth Area. The City Greeley expects to grown into
this area over the next 20 + years. The PUD is to be served by public water (North Weld
County Water District). Only a small portion of the southwest lot in the PUD is located within
400 -feet of City of Greeley sewer. The applicant is proposing individual septic systems for this
development. A proposed lift station for the sewer line adjacent to this site is proposed for
future development of the airport and may be approved as soon as January 2013. Per the
City of Greeley referral, dated December 17, 2012, the lift station would need to be upgraded
to address the additional capacity generated by this proposed development and an
agreement with the Airport Authority would be required before upgrades to lift station capacity
could happen. The City of Greeley has indicated that annexation is not required at this time
because (with the exception of the far southwest portion of the site) the proposed PUD is
located more than 400 -feet from the City of Greeley sewer system. The City of Greeley has
indicated that if City of Greeley water and sewer is to be provided to the proposed
development in the future, a pre -annexation agreement will be required and the city will need
to be constructed according to City of Greeley design criteria and construction standards.
D. Section 27-6-120.8.6.d - That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article
li the Weld County Code. The PUD is to be served by public water (North Weld County Water
District). A draft water service agreement has been provided. A finalized water service
agreement will be required with the Final Plat application. The Colorado Division of Water
Resources stated, in their referral dated December 19, 2012, that "the proposed water supply
may be provided without causing material injury to existing water rights, and the supply is
expected to be adequate."
E. Section 27-6-120.8.6.e - That street or highway facilities providing access to the property
are adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. County Road 62 is a local
gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -
foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of
setback in the Weld County Zoning (23-1-90), the required setback is measured from the
future right-of-way line.
County Road 47 is an arterial road, which requires a 140 -foot right-of-way at full build out.
There is presently a 60 -foot right-of-way. This road is maintained by Weld County.
Pursuant to the definition of setback in the Weld County Zoning (23-1-90), the required
setback is measured from the future right-of-way line. Improvements to CR 47/49 are
included within the Weld County 5 -year plan. This may result in haul route modifications
during the construction.
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RESOLUTION PUDZ12-0003
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The Department of Public Works has indicated in their referral dated December 5, 2012 that a
northbound left deceleration turn lane is warranted on County Road 47 at County Road 62.
Public Works has also indicated that at full build out the development will trigger a number of
roadway improvements at the facility entrance and the intersection of CR 47 & CR 62 due to
large traffic volumes associated with the facility; the following is a list of the triggers for turn
lanes:
a. 25 vehicles per hour (vph) turning right into the facility, onto County Road 62, or
onto County Road 47 during a peak hour.
b. 50 vph turning right out onto County Road 47 during a peak hour.
F. Section 27-6-120.8.6.f - An off -site road improvements agreement and an on -site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been submitted,
if applicable. Prior to recording the Final Plat, the applicant needs to enter into an
Improvements and Road Maintenance Agreement for the onsite and offsite work to be done.
The Improvements will include triggers for onsite and offsite roadway upgrades and auxiliary
lanes. Collateral needs to be submitted to and accepted by the Weld County Board of County
Commissioners prior to recording of the plat.
G. Section 27-6-120.B.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site. The proposed PUD is located within
the Airport Overlay District for the Greeley -Weld County Airport. The Department of Planning
Services has had a phone conversation with the Airport Overlay District regarding the PUD
process but has not received a referral response from the Greeley -Weld Airport Overlay
District. Any construction within the proposed PUD will be required to adhere to the
requirements of the Airport Overlay District as stated in Article V, Division 1 of the Weld
County Code. The Colorado Geological Survey has reviewed the Preliminary Geotechnical
Report submitted by the applicant and indicated no additional requirements/concerns.
H. Section 27-6-120.6.B.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide. The proposed zone districts are consistent with the
C-3 (Business Commercial), 1-1,1-2, and 1-3 (Industrial) Zone Districts requirements stated in
the Weld County Code.
The applicant is requesting approval of this PUD as a specific development guide.
The specific development guide shall address, in detail, all proposed uses on site and
development delineated in Sections 27-6-30 through 27-6-110 of this Chapter.
Section 27-6-40 of the Weld County Code deals with Environmental Impacts which includes
visual/aesthetic impacts:
The proposed PUD would surround an existing residential lot on three -sides. The Department
of Planning Services is requiring a landscaping and screening plan to address screening and
buffering of industrial lots (including a minimum 50 -foot wide outlot containing a landscape
and screening buffer from the adjacent lot to be bordered on three (3) sides by the PUD) in
the proposed PUD be submitted with the final plan application.
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RESOLUTION PUDZ12-0003
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Section 27-6-50 of the Weld County Code deals with Service Provision impacts which
includes Storm Drainage.
The Department of Public Works indicated, in their referral response dated December 5,
2012, stated that the drainage report was inadequate and that more detailed drainage report
will be required. The report should be a more detailed drainage design with drawings
following the Change of Zone Drainage Report Checklist (the checklist is attached) and
should have preliminary design of all drainage improvements for the subdivision. Depending
on the information submitted — a redesign of proposed drainage features (and potentially the
internal lot lines and road design of the PUD) may be required.
Based on the information provided and the referral comments that have been received the
Department of Planning Services is recommending that the PUD Final Plan application be
reviewed by the Board of County Commissioners at a public hearing.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A) Agriculture to PUD with C-3 (Business Commercial, I-1 (Industrial), 1-2
(Industrial) and 1-3 (Industrial) is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The applicant shall attempt to address the requirements (concerns) of the City of Greeley as
stated in the referral response dated December 17, 2012. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel. (Department of Planning Services)
C. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. The plat shall be amended to include
any possible future drilling sites and/or setbacks. (Department of Planning Services)
The applicant shall attempt to address the requirements (concerns) of the West Greeley Soil
Conservation District, as stated in the referral response dated November 1, 2012. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
E. The applicant shall provide the Department of Planning Services with a sign plan that
conforms with Chapters 23, 26 and 27 of the Weld County Code (for a development sign for
the PUD — if one is proposed). (Department of Planning Services)
F. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDZ12-0003. (Department of Planning
Services)
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2. The applicant shall adhere to the plat requirements in preparation of the Change of
Zone plat per Section 23-2-690 of the Weld County Code. (Department of Planning
Services)
3. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E of the
Weld County Code. (Department of Planning Services)
4. All recorded easements shall be shall be shown and dimensioned on the Change of
Zone plat. (Department of Planning Services, Department of Public Works)
5. County Road 62 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the plat. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
6. County Road 47 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 40 feet from the Centerline of County
Road 47 shall be delineated on the plat as future County Road 47 right-of-way. All
setbacks shall be measured from the edge of future right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
7. Front side and rear utility easements are not required to be indicated on the Change
of Zone plat and shall be removed. Topographical lines, interior lot lines and internal
road rights -of -way shall also be removed from the plat. The property boundary and
all recorded easements shall be shown on the plat. (Department of Planning
Services)
G. The Change of Zone is conditional upon the following and that each shall be placed on the
Change of Zone plat as notes prior to recording:
1. The site specific development plan is for a Change of Zone from (A) Agriculture to
PUD with C-3 (Business Commercial), I-1 (Industrial), 1-2 (Industrial) and 1-3
(Industrial) uses as indicated in the application materials on file in the Department of
Planning Services and subject and governed by the Conditions of Approval stated
hereon and all applicable Weld County Regulations. The Commercial and Industrial
uses shall comply with the bulk standards of each zone district. (Department of
Planning Services)
2. This subdivision is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in accordance
with the regulations of the Weld County Code in effect at the time of construction,
repair, replacement, or modification of the system. (Department of Public Health and
Environment)
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3. Language for the preservation and/or protection of the absorption field shall be
placed in the development covenants. The covenants shall state that activities such
as permanent landscaping, structures, dirt mounds or other items are expressly
prohibited in the absorption field site. (Department of Public Health and Environment)
4. Water service shall be obtained from the North Weld County Water District.
(Department of Public Health and Environment)
5. A Commercial -Industrial Owner's Association shall be established prior to the sale of
any lot. The association is responsible for liability insurance, taxes, streets, private
utilities, and other facilities. (Department of Public Health and Environment)
6. This PUD is located within the Airport Overlay District for the Greeley -Weld County
Airport. Any construction/development within the PUD shall adhere to the
requirements of the Airport Overlay District (Article V, Division 1 — Weld County
Code). (Department of Planning Services)
7. This PUD is located within 20,000 feet of an existing public runway (Greeley -Weld
Airport). Any construction/development within the PUD shall adhere to the
requirements of the Federal Aviation Administration (FAA). (Department of Planning
Services)
8. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater
than or equal to one acre in area. Contact the Water Quality Control Division of the
Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of
Public Health and Environment)
9. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions, at
the request of the Weld County Health Department, a fugitive dust control plan must
be submitted. (Department of Public Health and Environment)
10. In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods that are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
11. If land development creates more than a 25 -acre contiguous disturbance, or exceeds
6 months in duration, the responsible party shall prepare a fugitive dust control plan,
submit an air pollution emissions notice, and apply for a permit from the Colorado
Department of Public Health and Environment. (Department of Public Health and
Environment)
12. Intersection sight distance triangles at the development entrance will be required. All
landscaping within the triangles must be less than 3 % feet in height a maturity.
(Department of Public Works)
13. All signs including entrance signs shall require building permits. Signs shall adhere to
the approved sign plan. (Department of Planning Services)
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14. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code
and requirements of the service providers. (Department of Planning Services)
15. No grading permits will be issued for this project without submission and Weld
County approval of erosion control and sediment control plans prepared, stamped
and signed by a professional engineer licensed to practice in Colorado. The
applicant is notified that land disturbance on one portion of this site may require
construction of temporary or permanent erosion control and sediment control best
management practices on other portions of the site. (Department of Public Works)
16. Building permits shall be obtained prior to grading or the construction of any building
or structure. Building permits are also required for signs and structures such as bus
shelters if provided. (Department of Building Inspection)
17. New buildings shall conform to the requirements of the various codes adopted at the
time of permit application. Currently, the following has been adopted by Weld
County: 2006 International Building Code, 2006 International Mechanical Code,
2006 International Plumbing Code, 2008 National Electrical Code and Chapter 29 of
the Weld County Code. (Department of Building Inspection (Department of Building
Inspection)
18. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
19. Personnel from Weld County Government shall be granted access onto the property
at any reasonable time in order to ensure the activities carried out on the property
comply with the Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
20. The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and the Environment, and
Planning Services, and adopted Weld County Code and Policies. (Department of
Planning Services)
21. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within three (3) years of the date of the approval of the
PUD Zone District, the Board of County Commissioners shall require the landowner
to appear before it and present evidence substantiating that the PUD project has not
been abandoned and that the applicant possesses the willingness and ability to
continue with the submission of the PUD Final Plan. The Board may extend the date
for the submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Board
determines that conditions or statements made supporting the original approval of
the PUD Zone District have changed or that the landowner cannot implement the
PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke
the PUD Zone District and order the recorded PUD Zone District reverted to the
original Zone District. (Department of Planning Services)
22. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27
of the Weld County Code. (Department of Planning Services)
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H. Per Section 27-7-60 of the Weld County Code: The Change of Zone plat map shall be
submitted to the Department of Planning Services' for recording within three (3) years of the
date of approval by the Board of County Commissioners. If a plat has not been recorded
within three (3) years of the date of the approval of the Planned Unit Development (PUD)
change of zone or final plan, or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and present
evidence substantiating that the PUD has not been abandoned and that the applicant
possesses the willingness and ability to record the plat. The Board of County Commissioners
may extend the date for recording the plat. If the Board determines that conditions supporting
the original approval of the PUD cannot be met, the Board may, after a public hearing, revoke
the PUD. With the Change of Zone plat map, the applicant shall submit a digital file of all
drawings associated with the Change of Zone application. Acceptable CAD formats are
.dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
2. At the time of Final Plan submission:
A. Items to be indicated on the Final Plan Map:
1) Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the final plat. Easements shall follow rear and side
lot lines and shall have minimum total width of twenty (20) feet apportioned equally on
abutting properties. Where front line easements are required, a minimum of fifteen (15) feet
shall be allocated as a utility easement. (Department of Planning Services)
2) An outlot to be utilized for landscaping and screening adjacent to Lot A of Recorded
Exemption 4915 shall be indicated. The outlot shall be a minimum width of 50 -feet adjacent to
the north and east property lines of Lot A of Recorded Exemption 4915. Due to the proposed
access road location — the outlot shall be a minimum average width of 50 -feet adjacent to the
west property line of Lot A of Recorded Exemption 4915. (Department of Planning Services)
3) All approved accesses shall be delineated on the plat. (Department of Planning Services)
4) The Urban Local Road Interim Cross Section (as shown in the Weld County Transportation
Plan) shall be indicated on the plat. The minimum required right-of-way width dedication for a
local roadway is 60 feet. The interior roadway section shall utilize a 60 foot right-of-way.
(Department of Planning Services and Public Works)
B. The applicant shall submit to the Department of Planning Services a copy of the Restrictive
Covenants, the Metropolitan District, if applicable, the Law Enforcement Authority, if
applicable and Home Owners Association Incorporation paperwork for the Big Thompson
Investments, LLC PUD for review by the Weld County Attorney's Office. Any changes
requested by the Weld County Attorney's Office shall be incorporated. — (Verifying with
County Attorney's Office) (Department of Planning Services)
C. A copy of an agreement with the irrigation ditch company/owner for the relocation of the
onsite irrigation ditch. The agreement shall specify an agreed upon treatment of the ditch in
accordance with Section 24-6-40 of the Weld County Code.
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D. Construction plans for all on -site improvements (roadways, drainage, etc.) are required with
the final plat submittal. The plans must be signed and stamped by a professional engineer
registered to practice in the State of Colorado. (Department of Public Works)
E. Stop signs and street name signs will be required at all intersections and shown on the final
roadway construction plans. (Department of Public Works)
F. The applicant shall address the requirements of the Department of Public Works regarding
the change of zone drainage report submittal as stated in their referral dated December 5,
2012. (Department of Public Works)
G. The applicant shall submit a final drainage report stamped, signed and dated by a
professional engineer licensed in the State Colorado. The study shall take into consideration
off -site flows both entering and leaving the development. Increased runoff due to
development will require detention of the 100 -year storm developed condition while releasing
the 5 -year storm existing condition per the Weld County Storm Drainage Criteria (Weld
County Code Sec 8-11). (Department of Public Works)
H. Final grading, drainage construction, erosion and sediment control plans, and water quality
control plans (conforming to the drainage report) stamped, signed and dated by a
professional engineer licensed in the State of Colorado shall be submitted for review and
approval. (Department of Public Works)
An overall landscaping and screening plan shall be submitted to address screening and
buffering of the proposed commercial and industrial uses from the adjacent residences and
land uses. The proposed treatment of the perimeter of the PUD, including materials and
techniques to be used, such as screens, fences, walls, berms and other landscaping shall be
indicated. The plan shall address landscaping and screening materials within the minimum
50 -foot outlot adjacent to Lot A of RE -4915. The landscaping and screening plan shall meet
the requirements of Section 27-9-30 of the Weld County Code. The applicant shall provide
additional information pertaining to the plant materials, including common, botanical and
species names, size at installation and any additional information deemed necessary, if any.
(Department of Planning Services)
J. The applicant shall submit a re -vegetation plan of all disturbed areas disturbed areas during
construction. The plan shall include information regarding plant type, installation methods
and maintenance. (Department of Planning Services)
K. The applicant shall demonstrate how the proposed plant material will be watered.
(Department of Planning Services)
L. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of
the Weld County Code. (Department of Planning Services)
M. The Weld County Building Technician will provide addresses at the time of Final Plat. The
subdivision street name and lot addresses shall be submitted to the Western Hills Fire
Protection District, the Weld County Sheriffs Office, Ambulance provider, and the Post Office
for review. Written evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Planning Services)
N. The Final Construction plans must legibly show sufficient detail at an appropriate scale to see
proposed finished floor elevations in relation to the 100 -year maximum water surface
elevations in the adjacent channels and swales. (Department of Public Works)
RESOLUTION PUDZ12-0003
BIG THOMPSON INVESTMENT HOLDINGS LLC
PAGE 12
O. As -Built survey data and plans of all drainage facilities including all storm drain pipes,
headwalls, inlets, swales, detention pond outlet structures giving locations and elevations of
key features shall be submitted in digital format to Weld County upon completion and final
acceptance by the County. (Department of Public Works)
P. The applicant shall provide the Weld County Department of Planning Services with three (3)
copies of the Bylaws and Articles of Incorporation for the Commercial -Industrial Owner's
Association; including three (3) copies of the Restrictive Covenants for Big Thompson
Investment Holdings PUD for review by the Weld County Attorney's Office. Any changes
requested by the Weld County Attorney's Office shall be incorporated. (Department of
Planning Services)
Q. The applicant shall submit development Covenants for Big Thompson Investment Holdings
PUD for review by the Weld County Attorney's Office. The covenants shall state, "Activities
such as construction activities (i.e. auxiliary structures, dirt mounds, etcetera) are expressly
prohibited in the designated absorption field site." The Covenants shall also address signage
requirements and refer to the Weld County Code. Any changes requested by the Weld
County Attorney's Office shall be incorporated. (Department of Planning Services)
The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is
.e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
(Department of Planning Services)
3. Prior to construction:
A. Stop signs and street name signs will be required at all intersections. (Department of Public
Works)
B. Prior to the commencement of construction activities, stormwater erosion control and
sediment control best management practices shall be in place in accordance with approved
permits, plans, Weld County Code, and Urban Drainage Standards. Silt fences shall be
maintained on the down gradient portion of the site during all phases of the site construction.
(Department of Public Works)
Motion seconded by Bret Elliott.
VOTE:
For Passage
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage
Robert Grand
Bill Hall
Absent
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 Commissioners for further proceedings.
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RESOLUTION PUDZ12-0003
BIG THOMPSON INVESTMENT HOLDINGS LLC
PAGE 13
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 January 15, 2013.
Dated the 151h of January, 2013
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.01.1814:31:10 -0700'
Pc niii1cLa 1-15-13
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within 500 feet of the property boundary is notified. Mr. Gathman added that any pending land use case
is also posted on the Weld County Website.
Commissioner Berryman asked if there was anything that Mr. Lefko wished to propose to change. Mr.
Lefko said that his main concern was that he was not notified.
/' Jean Rouse, 15627 CR 108, stated that they own the adjacent property to the site. She stated that
their concerns are safety and the degradation of the property value. With regard to safety she asked if
the Fire Department is equipped to handle this if there is an explosion. She asked why these explosives
cannot be stored where they are made. In the event of a fire caused by an explosion, she said that their
crops would be lost and wondered who would pay for that loss.
Eric Powers, 321 Roosevelt Ave, Nunn, Colorado, said that he lives over 500 feet and is concerned
with the possibility of a flood. He is concerned that the level of water might seep into the chemicals and
distribute it throughout the land area. He asked if they are planning to build up enough of a barrier
around the bunker to avoid this.
Commissioner Hall asked if this site is located in the floodplain. Ms. Hansen said that there is floodplain
through a portion of the northeast part of the property; however the bunker itself is not located in the
floodplain.
1 Mr. Carter reiterated that the explosives do not have anything to do with fracking processing; rather
it is used prior to the fracking process. The explosives are used for perforating the well casing.
Chemicals are used in the tracking process; however they do not have any chemicals stored in this facility
therefore there should be no concern of it washing into the water. Mr. Carter provided a handout of the
process of perforating the formation in which the explosives are used.
Commissioner Grand asked if the applicant has contacted the Nunn Fire Department. Mr. Carter said
that they have talked to the Nunn Fire Department and he was told that they would respond if there was
an incident. If there are explosives that are actively firing the Nunn Fire Department will not be able to
respond to that according to ATF regulations; however if it causes a grass fire they will respond to that.
Mr. Varra noted that he is a member of the Nunn Fire Department and assured them that they are
equipped to handle any grass fires. He indicated that the Nunn Fire Department is located approximately
/% mile from this site.
Commissioner Maxey asked who will be removing or delivering the charges and are they trained to
handle explosives. Mr. Carter said that he will be the only one granted access to the site. He has served
22 years in the Military Infantry and has worked with Halliburton Wireline. He also holds a Blasters Permit
in the State of Colorado.
Commission Maxey asked why these explosives are not stored at the other facility in Nunn. Mr. Carter
said that he cannot store it in Nunn because of the close proximity of inhabitable buildings to the facility.
They can only store up to 50 pounds of explosive charges in this building.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR12-0071 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bill Hall, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Nick Berryman, Robert Grand.
CASE NUMBER: PUDZ12-0003
APPLICANT: BIG THOMPSON INVESTMENT HOLDINGS LLC
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PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT
FOR SIX (6) LOTS WITH C-3 (BUSINESS COMMERCIAL), I-1, I-2, AND I-3
(INDUSTRIAL) USES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -4915; PART S2SE4 SECTION 35, T6N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 62 AND WEST OF AND ADJACENT TO
CR 47.
ID` Chris Gathman, Planning Services, presented Case PUDZ12-0003, reading the recommendation
and comments into the record. Mr. Gathman noted that this proposed development will surround an
existing single-family residential property on three (3) sides as well as directly across from two (2)
additional residences. A letter of objection was submitted to the Department of Planning Services from
the surrounding property owner that will be surrounded by 3 sides of the proposed development
expressing concerns of traffic safety, safety of children playing outside, traffic and noise, excessive dust
impacting their livestock, and mosquito control with the proposed retention ponds. Due to the proximity of
residences to the proposed commercial and industrial uses, the Department of Planning Services is
recommending a Landscape and Screening Plan as well as a minimum 50 foot wide outlot to be used as
a Landscape and Screening buffer around the nearest residence.
The applicant is requesting approval of this case as a specific development guide. If approved as a
specific development guide, this case will be administratively reviewed at final plat and will not be
presented before the Board of County Commissioners at a hearing. The specific development guide shall
address, in detail, all proposed uses on site and development delineated in Sections 27-6-30 through 27-
6-110 of the Weld County Code. Section 27-6-50 of the Weld County Code deals with Service Provision
impacts which includes Storm Drainage. The Department of Public Works indicated, in their referral
response dated December 5, 2012, stated that the drainage report was inadequate and that more
detailed drainage report will be required. The report should be a more detailed drainage design with
drawings following the Change of Zone Drainage Report Checklist (the checklist is attached) and should
have preliminary design of all drainage improvements for the subdivision. Depending on the information
submitted, a redesign of proposed drainage features and potentially the internal lot lines and road design
of the PUD may be required. Based on the information provided and the referral comments that have
been received the Department of Planning Services is recommending that the PUD Final Plan application
be reviewed by the Board of County Commissioners at a public hearing.
The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
I" Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
the requirements on site. According to the Traffic Study, with development of the first lot in the
subdivision there is expected to be up to 220 trips per day and at full build out there will be over 2600 trips
per day. Therefore these numbers will trigger a north bound deceleration left turn lane on County Road
47 with the development of the first lot and additional turn lanes will be required as the subdivision
develops. Ms. Hansen stated that the applicant submitted a Drainage Report; however it did not meet
their requirements for a Change of Zone Drainage Report; therefore staff will review the report after the
applicant has made their revisions.
i' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
D' Tim Naylor, AGPROfessionals, 4350 Hwy 66, Longmont, CO, stated that he represents Big
Thompson Investments and Dairy Farmers of America. The applicants are requesting an approval of the
Change of Zone from the Agricultural zoning to a 6 lot Planned Unit Development (PUD) with lots ranging
in size from 8 to 10 acres. He added that each lot will be served by an internal unpaved road accessing
from County Road 62. The uses will include any uses allowed within the C-3 through 1-3 zone districts.
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Mr. Naylor said that this location is where the City of Greeley planned for industrial uses as indicated in
their long term land use guidance map. This location is within the Airport Overlay district; therefore there
are height restrictions as well as some limited uses that would interfere with airplane navigation; however
those limitations do not prohibit activity such as oil and gas services or trucking operations as proposed in
the PUD.
Commissioner Grand stated that staff is requiring that the internal roadway be paved; however according
to the application it states that it will not be paved. Mr. Naylor said that they don't feel it is necessary to
pave it because of the minimal amount of lots available to make it financially feasible. He added that they
feel with the heavy traffic it is easier to maintain a dirt road than a paved road. Mr. Grand asked for
Public Works comments. Ms. Hansen read the requirements from Section 27-2-20 and stated that there
are exceptions to the paving however they do not fall within that criteria. Mr. Maxey asked the applicant if
they would be open to paving the first lot and then pave the remaining roadway as development occurs.
Mr. Naylor said that they would agree to that option.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Kristi Hayden, 22785 CR 62, stated that they are the residence that will be surrounded by the proposed
development. She said that they bought the property three (3) years ago and the airport was in place but
they did not buy the property to be surrounded by an industrial park 3 years later. They have made this
their home and have invested in many improvements on the property. The current truck traffic runs 24
hours a day with their jake brakes from the water depot. They are opposed to this request.
Commissioner Grand asked if they were approached by the applicant to purchase their property. Ms.
Hayden said that they were but according to real estate figures the offer was the lowest offered and they
cannot accept that amount after the investment they put in.
Commissioners Hall and Grand said that the current truck traffic should be brought up to the City of
Greeley since they are utilizing the well from the airport as a water depot. Ms. Hayden noted that their
neighbor to the south and east counted the water trucks on the road and it was up to 500 trucks per day.
She added that there have been mornings where she can't get out of her driveway because the trucks are
stacked up on the roadway.
Commissioner Maxey asked if there were other concerns that could be mitigated if this is approved. Ms.
Hayden said paved roads, maintained landscaping, and drainage control. Todd Drommund, 22875 CR
62, added that an alternate entrance might be considered. He asked if it could possibly be moved to
access from the east side of the development off of County Road 47 instead.
Dennis Hoshiko, 28607 CR 50, Kersey, stated that he owns property north of this site and is
concerned with the traffic flow on County Road 47. He also noted the drainage issues at the intersection
of County Roads 47 and 62. He pointed out that the stormwater drainage as well as irrigation water
drains down to this intersection. He added that there may be a significant amount of improvements to this
intersection to address the drainage problems.
ik Commissioner Maxey mentioned the consideration of moving the access to the eastern side of the
development and asked if that could be an option. Ms. Hansen said that they will need to look at it since
County Road 47 is an arterial roadway and isn't sure if they would be able to meet the spacing
requirements from the existing intersection.
Mr. Naylor said that DFA is currently operating trucks on 8th Avenue so the truck traffic in the immediate
area is already there, although it is not on County Roads 47 and 62. He said that Ms. Hayden indicated
that there were 500 trucks going to the Greeley water depot and that amount of traffic should have
triggered the improvements for that intersection. Mr. Naylor said that they would like to continue to work
with Mr. Drommund and Ms. Hayden to acquire their property.
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Commissioner Maxey referred to the landscaping concern noted by Ms. Hayden. Mr. Naylor hopes to
acquire that property but said that they are willing to do the required landscaping. He doesn't feel that it
would fully mitigate Ms. Hayden's concern regarding noise but they will do their best.
Mr. Naylor said that with regard to drainage they are required to release at the 5 year rate and added that
it should help with the drainage problems in the area.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
I"' Commissioner Grand said that he respects property rights and supports new industrial development
but increasingly we are running into situations where citizens are running up against a very strong
corporate development project that basically leaves them helpless. He added that he supports fair
treatment to the citizens of Weld County. He believes that the City of Greeley water and truck activity is a
travesty and should be taken to task.
Commissioner Elliott said that he is sympathic as well for the situation that they are in and hopes that the
developer can factor in increased value and come up with an equitable offer that everyone is happy with.
Commissioner Berryman said that the City of Greeley certainly has some role to play here and mentioned
that this may be a second avenue of possible purchase of this property as well.
DP Motion: Forward Case PUDZ12-0003 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Mark Lawley, Seconded by Bret Elliott.
Vote: Motion passed (summary: Yes = 7, No = 2, Abstain = 0).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman.
No: Bill Hall, Robert Grand.
Commission Hansford agreed with the previous comments with regard to individuals being run over by
the corporations in certain aspects and believes that they should work a lot harder to make these things
work before coming to the Planning Commission.
Commissioner Smock concurred with Mr. Hansford's comments.
Commissioner Jemiola agreed with Mr. Hansford's comments as well.
Commissioner Hall said that he voted no because he cannot in good conscious vote yes leaving these
citizens hanging out there.
Commissioner Grand agreed with Mr. Hall.
Commissioner Maxey said that this is a difficult case to hear and hopes that something can be worked out
regarding the purchase price. He added that if this case is approved he recommends that the west
access is used for emergency purposes only.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Mr.
Grand asked Mr. Yatabe if he could follow up with their question from the last meeting regarding oil
refineries. Mr. Yatabe recommended that that Planning Commission send a representative to a Board of
County Commissioners work session for consideration or to go forward as private citizens to the Board of
County Commissioners. In addition, he suggested that if the Planning Commission intends to send a
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representative that they collectively shape a plan for the County Commissioners to consider. Mr. Grand
requested that this topic be placed on the February 5th agenda.
Meeting adjourned at 3:54 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
�Y�Y�}.,iV1CQ/YL Date: 2013.01.18 09:54:31 -07'00'
Kristine Ranslem
Secretary
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