HomeMy WebLinkAbout20123003.tiff 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: MINF12-0001
APPLICANT: BIG THOMPSON INVSNT HOLDINGS LLC
PLANNER: TOM PARKO
REQUEST: FINAL PLAT FOR A NINE (9) LOT MINOR SUBDIVISION IN THE 1-3
(INDUSTRIAL) ZONE DISTRICT (HICKMAN SUBDIVISION).
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0056; PART W2 SECTION 23, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF CR 44 AND EAST OF AND ADJACENT TO CR 33.
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 24-3-10 of the
Weld County Code.
2. The request is in conformance with Article III, Section 24.3.60. 1 of the Weld County Code, as follows:
A. Section 24-3-60. 1 — The applicant has the burden of proof to show the standards of
Paragraphs 1 through 16 below are met.
1 . Section 24-3-60.1 . 1 : Compliance with this Chapter, Chapter 23 of this Code, the zone
district in which the proposed use is located, and any adopted intergovernmental
agreements or master plans of affected municipalities.
This property is located in an 1-3 Industrial Zone, which was approved under COZ11 -
0001 . It is not located in the adopted master plans of the Town's of LaSalle or
Gilcrest. The proposed subdivision is also located outside the IGA boundaries
between Weld County and the Towns of Gilcrest and LaSalle. The 1-3 zoning also
allows I-1 and 1-2 Industrial uses. Both Town's were notified of the proposed
subdivision and did not respond to the referral.
2. Section 24-3-60.1 .2: That provisions have been made to preserve prime agricultural land.
The applicant has made provisions to conserve prime agricultural land by keeping
the agricultural uses on-going while the subdivision builds-out. The owner intends to
keep the existing well that is permitted for irrigation and the Western Mutual Ditch
that runs parallel on the west for most of the property will remain. Once the
subdivision is built-out the agricultural uses will go away. COZ11 -0001 effectively
authorized the agricultural uses to fade out when the property's zoning was changed
from Ag to Industrial.
3. Section 24-3-60. 1.3: That provisions have been made for a public water supply that is
sufficient in terms of quantity, dependability and quality to provide water for the minor
subdivision, including fire protection.
The applicant has evidence that the proposed subdivision can be served by a public
water supply. The applicant has a will-serve and commitment letter from Central
Weld County Water District (CWCWD) and will purchase taps on an as-needed
basis. The applicant will also be burdened with the cost to extend the water lines into
the subdivision.
4. Section 24-3-60.1 .4: That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal are proposed ,
evidence that such systems will comply with state and local laws and regulations which
are in effect at the time of submission of the minor subdivision.
EXHIBIT
/MINE /2- OCi
RESOLUTION MINF12-0001
BIG THOMPSON INVSNT HOLDINGS LLC
PAGE 2
There is no public sewer available to the proposed subdivision. The applicant will
apply for and is authorized by code to apply for Individual Septic Disposal Systems
(I.S.D.S.)on each lot. Weld County Department of Public Works has reviewed this
request and finds it acceptable.
5. Section 24-3-60.1.5 That all areas of the minor subdivision which may involve soil or
topographical conditions presenting hazards or requiring special precautions have been
identified by the subdivider and that the proposed uses of these areas are compatible
with such conditions.
The applicant has submitted a Soils and Geologic Hazard Report, which was
reviewed by the State of Colorado,Division of Mining and Geology.The State did not
find any evidence of unique, unusual or suspect conditions that would prohibit or
severely limit development.
6. Section 24-3-60.1.6:That streets within the minor subdivision are adequate in functional
classification,width and structural capacity to meet the traffic requirements of the minor
subdivision. Standards are established in Appendices 24-E to this Chapter.
The proposed streets within the development meet the minimum County
requirements.The Department of Public Works has reviewed the applicant and has
deferred most of the comments when the applicant proposes to develop the lots
within the subdivision, thereby triggering a site plan.
7. Section 24-3-60.I.7That off-site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional classification,width and structural
capacity to meet the traffic requirements of the minor subdivision.
The subdivision proposes to access Weld County Road 44 and 33. The applicant
has been working diligently with Weld County Public Works to access County Road
44. Current access exists at County Road 33. The Colorado Department of
Transportation received the traffic study and indicated that the initial phase of the
development will not require any improvements. Future uses and phases will be
evaluated and the applicant understands that there may be costs associated with off-
site improvements. Weld County Road 44 is designated as an arterial and County
Road 33 is designated as a local gravel road.
8. Section 24-3-60.1.8:That the construction,maintenance,snow removal and other matters
pertaining to or affecting the road and rights-of-way for the minor subdivision are the sole
responsibility of the landowners within the minor subdivision.
The applicant will form a owner's association that will be responsible for the on-going
maintenance of the subdivision.The final association documents will be a condition
prior to recoding the Plat and will be filed and recorded with the County.
9. Section 24-3-60.I.9That the minor subdivision is not part of or contiguous with a
previously recorded subdivision or unincorporated townsite.
The Hickman Subdivision is not part of or contiguous with another subdivision or an
unincorporated townsite.The nearest subdivision is located at the northwest corner
of US 85 and County Road 44, known as the Hunt/Wiedeman Subdivision.This is
not contiguous with Hickman.
10. Section 24-3-60.1.10: That there will be no on-street parking permitted within the minor
subdivision.
RESOLUTION MINF12-0001
BIG THOMPSON INVSNT HOLDINGS LLC
PAGE 3
The proposed subdivision will not allow any on-street parking. All parking will be
located off-site and incorporated into any site plan.This will be incorporated into the
subdivision's association documents.
11. Section 24-3-60.1.11:That no additional access to a county,state or federal highway will
be created.
No additional accesses are proposed on US Hwy 85. In fact, the US 85 Access
Control Plan calls for County Road 33 to be closed and realigned at some point in
the future. The County has agreed to allow the owner to access County Road 44,
where an existing access is located and where the County owns property.
12. Section 24-3-60.1.12:That the ingress and egress to all lots within the minor subdivision
will be to an internal road circulation system.
All proposed lots in the subdivision will ingress and egress onto an internal road
network and the proposed roads have adequate circulation.
13. Section 24-3-60.1.13: That facilities providing drainage and stormwater management is
adequate.
The owner has proposed and provided an area within the development and located
on an out-lot which specifically handles the subdivision's drainage and stormwater
runoff. The applicant submitted both a preliminary and final drainage reports and
those will be finalized and made conditions of approval prior to recording the plat.
The reports were prepared by a professional engineer.
14. Section 24-3-60.1.14:That the maximum number of lots within the minor subdivision will
not exceed nine (9) lots.
The proposed subdivision does not exceed nine (9) lots. There are nine buildable
lots and two (2) outlots. Both outlots will be encumbered. The outlot located in the
southeast corner of the subdivision will be utilized for detention and storm water run-
off and is not buildable.The outlot located in the southeast corner of the subdivision
will eventually be sold to the County for a new grader shed.The County Attorney's
Office determined that a grader shed can be located on an out-lot within an approved
subdivision.
15. Section 24-3-60.1.15:That the minor subdivision will not cause an unreasonable burden
on the ability of local governments or districts to provide fire and police protection or other
services.
The proposed subdivision will not impede or cause an unreasonable burden on local
services such as police,fire and schools.All emergency responders and the school
district were sent referrals.The Weld County Sherriffs Office and LaSalle/Gilcrest
Fire Protection District did not respond with any comments. Weld County School
District RE-1 did not object to the subdivisions and cited no concerns.
16. Section 24-3-60.1.16: That the subdivision will not have an undue adverse effect on
wildlife and its habitat, the preservation of agricultural land and historical sites.
The proposed subdivision will not have an undue or adverse impact on wildlife.The
Colorado Division of Parks and Wildlife was sent a referral and they did not respond
with any comments. There are no historical sites that are registered with a local,
state of federal agency on or near the proposed subdivision.The applicant has made
an effort to conserve the existing agricultural land until such a time when the
subdivision is built-out or no longer conducive to sustaining productive farmland.The
property's zoning was changed from Agriculture to 1-3 in 2011,thereby eliminating
the agricultural uses.
RESOLUTION MINF12-0001
BIG THOMPSON INVSNT HOLDINGS LLC
PAGE 4
B. Sec. 22-2-80. Industrial development Goals and Policies.
1. A. (.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.
(.Policy 1.2. Encourage new industrial development within existing industrial areas.
The proposed subdivision is located in an urban development node which is at the
intersection of County Road 44 and US 85.There are several businesses in the area
that have commercial uses.
2. (.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 bearing the costs associated with the development of the industrial
subdivision and will be responsible for installing the infrastructure that is required to
sustain the development. The County is not subsidizing the development.
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 agencies.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to Recording the Final Plat:
A. 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.
(Department of Public Works)
B. The applicant needs to submit a grading permit showing: proposed grading,erosion control
placement,typical details for all BMPs to be utilized, and a Construction Stormwater permit
from the Colorado Department of Public Health and Environment. The permit must be
stamped by a registered professional engineer licensed in the State of Colorado. Please note
that the grading permit will not be released until the applicant has signed the improvements
agreement, posted collateral, and submitted the Final plat for recording. (Department of
Public Works)
C. The applicant shall submit a complete copy of the covenants for the Hickman Commercial
Association for review and approval by County Staff. (Department of Planning Services)
D. The applicant shall submit to the Department of Planning Services Certificates from the
Secretary of State showing the Hickman Commercial Association has been formed and
registered with the state. (Department of Planning Services)
E. A Signing Plan is required as part of the final roadway plans. The Signing Plan may include
street names,stop,yield,no outlet or other associated subdivision signing.Written evidence
of Public Works approval shall be submitted to the Department of Planning Services.
(Department of Public Works)
RESOLUTION MINF12-0001
BIG THOMPSON INVSNT HOLDINGS LLC
PAGE 5
F. The applicant shall submit three (3) additional sets of final roadway, drainage, utility /
construction plan drawings(stamped, signed, and dated)to Public Works for Weld County
Field Inspectors' use during construction of the subdivision. Written evidence from the
Department of Public Works indicating the plans have been submitted shall be given to the
Department of Planning Services. (Department of Public Works)
G. The applicant shall submit copies of finalized water agreements with Central Weld County
Water District(CWCWD) (Department of Planning Services)
H. The applicant shall provide the Department of Planning Services with evidence that the
owner has a Surface Use Agreement (SUA) with any and all mineral interest owners.
(Department of Planning Services)
I. The applicant shall submit written evidence to the Department of Planning that all of the
concerns of the Department of Public Works have been addressed. Written evidence for
approval shall be submitted to the Department of Planning Services. (Department of
Planning Services)
J. The applicant shall submit a Final Drainage Report stamped, signed, and dated by a
professional engineer licensed in the State Colorado for review and approval by the
Department of Public Works. The 5-year storm and 100-year storm drainage studies 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. Written evidence of acceptance of this
report shall be submitted to the Department of Planning Services. (Department of Public
Works)
K. As-Built Construction Plans including 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)
2. The Plat shall be amended to include the following:
A. All sheets of the Final Plat shall be labeled MINF12-0001.(Department of Planning Services)
B. The Final Plat shall be in compliance with Section 24-3-50 of the Weld County Code.
(Department of Planning Services)
C. All utility easements shall be indicated on the plat as approved by the Weld County Utility
Advisory Board. (Utility Board)
D. The Weld County's Right to Farm shall be placed on the plat,Appendix 22-E,as amended,of
the Weld County Code. (Department of Planning Services)
E. CR 44 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. (Department of Public Works)
F. CR 33 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. (Department of Public Works)
G. All interior roadways must be privately maintained by the subdivision association.The County
will not accept interior roadways for County maintenance. (Department of Public Works)
RESOLUTION MINF12-0001
BIG THOMPSON INVSNT HOLDINGS LLC
PAGE 6
H. The Western Mutual Ditch must be appropriately labeled and dimensioned, including
setbacks. (Department of Planning Services)
I. The plat shall delineate the 400-foot by 400-foot, and the 800-foot by 800-foot oil and gas
drilling envelope locations,per State statute,if applicable. (Department of Planning Services)
J. 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 ArcView shapefiles, 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. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes
prior to recording:
A. The Final Plat for nine (9) lots with 1-3 (Industrial) Zone Uses and continuing Oil and Gas
Production Uses along with two (2)outlots as indicated in the application materials on file,
and subject to,and governed by,the Conditions of Approval stated hereon and all applicable
Weld County regulations.
B. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
C. The Subdivision shall conform to the Design and Operational Standards, as delineated in
Section 23-3-350 and 23-3-260 for I-1, 1-2 and 1-3 Zone Districts. (Department of Planning
Services)
D. The outlot for drainage is non-buildable for structures or structures providing habitable space.
(Department of Planning Services)
E. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e.
auxiliary structures, dirt mounds, etc.)activities are expressly prohibited in the designated
absorption field site. (Department of Public Health and Environment)
F. 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)
G. 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)
H. 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)
I. 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)
RESOLUTION MINF12-0001
BIG THOMPSON INVSNT HOLDINGS LLC
PAGE 7
J. 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 Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement,or modification of the system. (Department of Public Health and Environment)
K. Water service shall be obtained from the Central Weld County Water District. (Department of
Public Health and Environment)
L. Weld County's Right to Farm Statement, as provided in Appendix 22-E of the Weld County
Code, shall be recognized at all times. (Department of Planning Services)
M. A Commercial Owner's Association shall be established prior to the sale of any lot. The
Association is responsible for liability insurance,taxes and maintenance of outlots,streets,
private utilities, and other facilities. (Department of Planning Services)
N. Intersection sight distance triangles at development entrances will be required. All
landscaping within the triangles must be less then 3.5 feet in height a maturity. (Department
of Public Works)
O. All signs, including entrance signs, shall require building permits. Signs shall adhere to the
approved Sign Plan. (Department of Public Works)
P. 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)
Q. No grading permits will be issued for this project without submission to,and approval by,the
Weld County Department of Public Works for 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 Building Inspection)
R. 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)
S. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Commercial building plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit. Commercial building plans require a Code Analysis Data Sheet,provided by the
Department of Building Inspection. Residential building plans may be required to bear the
wet stamp of a Colorado registered architect or engineer. (Department of Building
Inspection)
T. Buildings shall conform to the requirements of the Codes adopted by Weld County at the time
of permit application. Currently,Weld County has adopted the following:2006 International
Residential Code, 2006 International Building Code, 2006 International Mechanical Code,
2006 International Plumbing Code, 2006 International Fuel Gas Code, 2012 National
Electrical Code, and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
U. All structures in the subdivision will require an engineered foundation based on a Site-
Specific Geotechnical Report or an "open hole" inspection conducted by a Colorado
registered professional engineer. Engineered foundations shall be designed by a
professional engineer registered in the State of Colorado. (Department of Building
Inspection)
RESOLUTION MIN F12-0001
BIG THOMPSON INVSNT HOLDINGS LLC
PAGE 8
V. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the Site Plan Review. Setback and offset distances
shall be determined by the Weld County Code. (Department of Building Inspection)
W. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction,and to determine compliance with the Bulk requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code to determine compliance with offset and setback requirements.
Offset and setback distances are measured from the farthest projection from the building, a
minimum of ten feet for a front yard setback as requested by the applicant for side loaded and
alley loaded single family residences. Property lines shall be clearly identified, and all
property pins shall be staked prior to the first site inspection. (Department of Building
Inspection)
X. The applicant shall supply evidence to the Department of Planning Services that all
requirements of the LaSalle/Gilcrest Fire Protection District have been met. (Department of
Building Inspection)
Y. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, and Planning Services, and
adopted Weld County Code and policies. (Department of Planning Services)
Z. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
AA. When a Site Plan Review(SPR) is received by the County for development on any of the
nine (9) lots located within the subdivision, the applicant shall be required to notify all
adjacent property owners within 500 feet of the subdivision.
AB. The Final Plan shall comply with all regulations and requirements of Chapter 24 of the Weld
County Code. (Department of Planning Services)
AC. The applicant shall comply with Section 24-3-70 of the Weld County Code, as follows: If a
final plat has not been recorded within one(1)year of the date of the approval of the minor
subdivision final plat 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 minor subdivision final plat has not been abandoned and that the applicant possesses the
willingness and ability to record the final 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 final plat cannot be met,the Board may,after a public hearing,revoke
the minor subdivision final plat. (Department of Planning Services)
AD. Section 24-3-80 of the Weld County Code-Failure to commence minor subdivision final plat.
If no construction has begun or no use established in the minor subdivision within three (3)
years of the date of the approval of the minor subdivision final plan, the Board of County
Commissioners may require the landowner to appear before it and present evidence
substantiating that the final plat has not been abandoned and that the applicant possesses
the willingness and ability to continue the minor subdivision. The Board of County
Commissioners may extend the date for initiation of the minor subdivision construction and
shall annually require the applicant to demonstrate that the minor subdivision has not been
abandoned. If the Board of County Commissioners determines that conditions supporting the
original approval of the minor subdivision final plat have changed or that the landowner
cannot implement the minor subdivision final plat, the Board may, after a public hearing,
revoke the minor subdivision final plat and order the recorded minor subdivision vacated.
(Department of Planning Services)
RESOLUTION MINF12-0001
BIG THOMPSON INVSNT HOLDINGS LLC
PAGE 9
AE. Section 24-3-90 of the Weld County Code-Failure to comply with minor subdivision final plan.
The Board of County Commissioners may serve written notice upon such organization or
upon the owners or residents of the minor subdivision setting forth that the organization has
failed to comply with the minor subdivision final plat.Said notice shall include a demand that
such deficiencies of maintenance be cured within thirty(30)days thereof.A hearing shall be
held by the Board of County Commissioners within fifteen(15)days of the issuance of such
notice, setting forth the item, date and place of the hearing. The Board of County
Commissioners may modify the terms of the original notice as to deficiencies and may give
an extension of time within which they shall be rectified. (Department of Planning Services)
AF. No development activity shall commence, nor shall any building permits be issued on the
property until the final plan has been approved and recorded. (Department of Planning
Services)
AG. The Final plat map shall be submitted to the Department of Planning Services for recording
within one hundred twenty (120)days of approval by the Board of County Commissioners.
With the Final 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).
AH. In accordance with Weld County Code should the plat not be recorded within the required
one hundred twenty (120) days from the date of the Board of County Commissioners
Resolution,a$50.00 recording continuance charge may be added for each additional three
(3) month period.
4. Upon completion of 1 and 3 above, the applicant shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning ServicesaStaff. The plat shall be prepared in accordance with
the requirements of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within thirty(30)days from the date of the Board of County Commissioners resolution.The
applicant shall be responsible for paying the recording fee.
5. Prior to the release of any building permits:
A. The applicant shall supply the required street signs and stop signs at appropriate locations.
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.
C. The applicant shall contact the LaSalle / Gilcrest Fire Protection District for review and
approval of all access roads. Evidence of Fire District approval shall be submitted to the
Department of Building Inspections prior to construction on the site.
D. The applicant shall submit street construction plans for the utilities showing the location of fire
hydrants, the size of water mains and available fire flows to the LaSalle / Gilcrest Fire
Protection District for review and approval. Evidence of Fire District approval shall be
submitted to the Department of Building Inspections prior to construction on the site.
(Mountain View Fire Protection District)
RESOLUTION MINF12-0001
BIG THOMPSON INVSNT HOLDINGS LLC
PAGE 10
E. Stop signs and street name signs including address ranges will be required at all
intersections. If standard street signs are not used, the sign type must be submitted to
LaSalle/Gilcrest Fire Protection for review.
F. The applicant shall submit an eight and one-half inch by eleven inch map showing street
configuration, street names, hydrant locations and addresses of the lots to the LaSalle /
Gilcrest Fire Protection District.
G. All properties shall have a legible address that is clearly visible from the street fronting the
property. The address numbers shall contrast with their background.
Motion seconded by Jordan Jemiola.
VOTE:
For Passage Against Passage Absent Abstain
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
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 Commissioner's for further proceedings.
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 October 16, 2012.
Dated the 161h of October, 2012.
Digitally signed by Kristine
d, ;,b `, ,, �� Ranslem
-��" � Date:2012.10.31 11:53:58-06O0'
Kristine Ranslem
Secretary
Pc / G/ h9 / O—
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand.
Absent: Joyce Smock.
CASE NUMBER: COZ12-0001
APPLICANT: BUTTERBALL LLC
PLANNER: TOM PARKO
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURE) ZONE DISTRICT TO THE 1-3
(INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: W2 SECTION 32, T3N, R65W OF THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 28 AND APPROX 2,800 FEET WEST OF CR
41 .
Tom Parko, Planning Services, presented Case COZ12-0001 , reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval. In addition, Public Works and Environmental Health presented their
reports and stated that they have no concerns with this request.
Tim Naylor, AGPROfessionals, 4350 Hwy 66, Longmont CO, stated that the applicants are requesting to
change the zone of the 320 acre site from agricultural to the industrial zone district. They anticipate the future
use of the site as oil and gas support but also understand that there may be other uses as well. Currently, the
property is a nonfunctioning turkey farm .
In response to Mr. Berryman's inquiry, Mr. Naylor said that the property has 80 acre feet of water per year and
believes that water will be available to the users; however those users will be determined by the amount of
water needed and what is available.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Roy Wardell, 16512 N Essex Road, said that he owns the ranch across the road and added that Anadarko
wells are located on the southern portion his land. He asked if we really want to put more industrial uses in
this area as well as more traffic on County Road 28.
Mr. Naylor addressed Mr. Wardell's concerns. They feel, because it is located close to other industrial
uses, that this is compatible and an appropriate place for industrial uses.
The Chair asked the applicant if he read through the Conditions of Approval and if they are in agreement with
those. The applicant replied that he is in agreement.
Motion: Forward Case COZ12-0001 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Robert Grand, Seconded
by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand.
Absent: Joyce Smock.
The chair called a recess at 5:43 pm and reconvened the hearing at 5:56 pm
CASE NUMBER: MINF12-0001
APPLICANT: BIG THOMPSON INVSNT HOLDINGS LLC
PLANNER: TOM PARKO
REQUEST: FINAL PLAT FOR A NINE (9) LOT MINOR SUBDIVISION IN THE 1-3
(INDUSTRIAL) ZONE DISTRICT (HICKMAN SUBDIVISION).
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0056; PART W2 SECTION 23, T4N, R66W OF
EXHIBIT
D 13 3
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THE 6TH P.M., WELD COUNTY. COLORADO.
LOCATION: SOUTH OF CR 44 AND EAST OF AND ADJACENT TO CR 33.
Commissioner Berryman recused himself from this case as he has an existing business relationship with
the applicant on this parcel.
Tom Parko, Planning Services, presented Case MINF12-0001 , reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site. In response to Commissioner Grand's inquiry regarding access onto County Road
44, Ms. Hansen said that the Weld County Grader Shed is being relocated to the southern lot of the
subdivision and this access will then become an industrial access. She added that when the end users apply
for a Site Plan Review, CDOT will then review the expected traffic volumes and require improvements as
needed to the intersections.
Mr. Parko noted that sometime next year the intersection of County Road 42 and Highway 82 will receive a
signalized intersection. At this time, CDOT determined that the intersection of County Road 44 and Highway
85 do not warrant traffic lights. Mr. Grand commented that this was before the approval of this subdivision.
Mr. Parko said that the next step, assuming this case is approved, would be for the users to submit a Site Plan
Review for each lot. These applications follow the very similar process to the Use by Special Review (USR)
permit process. Ms. Hansen pointed out that the Improvements and Road Maintenance Agreement with all
the triggers for paving, turn lanes, etc. will be part of each application. She added that the Road Maintenance
and Improvements Agreement is vetted through the Board of County Commissioners. Commissioner Lawley
said that he believes that this agreement is sufficient to satisfy the traffic impacts on the County roads and
sets triggers for those impacts.
Lauren Light, Environmental Health, stated that staff will review the requirements for the site as users
submit land use permits.
Tim Naylor, AGRPOfessionals, 4350 Highway 66, said that this is a 9 lot minor subdivision on a 95 acre
site for the purposes allowed in the 1-3 Zone District.
Mr. Naylor said that the internal road will run from County Road 33 to County Road 44 and will be a two-lane
gravel road designed according to Weld County specifications. This allows traffic to have alternate routes
accessing County Road 33 and County Road 44. With this design, they have tried to minimize the amount of
traffic and eliminate crossing lanes on Highway 85. If County Road 44 is restricted they would need to access
County Road 33 and then they would be impacting the neighbors. Mr. Grand asked if it will be stipulated in the
sales agreement that they will be required to go east when accessing County Road 44. Mr. Naylor said that
they would make it a part of the Convenances. There was subsequent discussion of enforcing this request. It
was determined that the triggers are in place within the Improvements and Road Maintenance Agreement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Cheryl Klassen, 16794 CR 44, stated that her parents border the subject site. She added that she was here
for the Change of Zone hearing and was disappointed by the decision made by the County Commissioners to
approve the request. At that time the Commissioners assured them that they would watch over the transition
of the land. She is concerned with the volume of traffic and the potential safety issues. Ms. Klassen said that
she is not reassured that the drainage onto their property has been taken care of and expressed concern over
the noise and light pollution as well.
There was discussion on the notification of the surrounding property owners when a Site Plan Review permit is
submitted. According to the conditions of approval stated in the Change of Zone Plat, surrounding property
owners are required to be notified within 500 feet of the parcel that is under review.
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Motion: Add Condition of Approval that the applicant must notify property owners within 500 feet of the
entire subdivision of any proposed use, Moved by Robert Grand, Seconded by Bill Hall.
Motion passed unanimously.
Doug Graham , 20595 CR 33, stated that he uses these roads as he is a truck driver. He added that
when he leaves in the morning he loops around Highway 85 and County Road 44 to get back onto Highway 85
safely. When he returns home on Highway 85 he turns onto County Road 33 so that he doesn't
inconvenience his neighbors who live on County Road 42. In addition, he has personally witnessed 2
accidents on County Road 44 and Highway 85. Mr. Graham noted that there has been a lot of dirt work and a
fence put up on Lot 1 and inquired what is going on there.
Mr. Parko said that the applicant submitted a grading permit; however it has not been issued by our
Department. The applicant has been told that they cannot move forward with their project until this case has
been approved and recorded.
Lynette Kilpatrick, 20487 CR 33, stated that over 100 people protested the change of zone for this site.
A large number of those concerns were in regard to the increased traffic and safety. They were told that there
would be a signalized intersection at County Road 42 and Highway 85; however it still has not been installed.
The safety concerns at these intersections have not been approved and yet they see plans with 200 vehicle
trips per day initially with a potential of up to 5000 vehicles per day.
Mr. Naylor said that they agree with the conditions to notify the neighbors within 500 feet from the
subdivision. They are finalizing the drainage study and have designed swales to direct drainage away from
the neighbor's property. Mr. Naylor stated that they are not aware of any traffic utilizing the Western Mutual
Ditch road and added that there won't be any industrial traffic utilizing that ditch road. He said with regard to
Lot 1 , Big Thompson Investment Holdings is allowed to grade that property under 1 acre. They do intend to
construct a building on that site after approval.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Add Condition of Approval that states "No left turn onto County Road 44, Moved by Robert
Grand. Motion died due to lack of second motion.
Commissioner Maxey said that we can only make recommendations to CDOT. He added that they are
concerned with the safety of the roadway and the accesses onto County Road 44 as well as through County
Road 33 to County Road 42 and onto Highway 85. Further, he trusts that there are triggers in the
Improvements and Road Maintenance Agreement that should address many of the traffic impacts.
Motion : Forward Case MINF12-0001 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Mark Lawley,
Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4, No = 1 ).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley.
No: Robert Grand
Abtsain : Nick Berryman
Absent: Joyce Smock.
Commissioner Lawley agreed with Mr. Maxey's comments and added that we have to trust that the provisions
are in place to address the safety issues at the County level. He is confident that the County has the
mechanisms in place to deal with the traffic impacts.
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Commissioner Grand cited Section 24-3-60. 1. 7 That off-site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional classification, width and structural capacity to meet the
traffic requirements of the minor subdivision. He doesn't believe that County Road 44 and Highway 85 meet
that requirement.
' CASE NUMBER: ORDINANCE 2012-7
PRESENTED BY: WENDELL HEYEN
REQUEST: IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS,
CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE.
Wendell Heyen, Building Official, presented the proposed code changes for Chapter 29 Building
Regulations. The Department is currently conforming to the 2006 Family of International Buildings Codes and
are proposing to update the code to reflect the 2012 Family of International Building Codes. The Weld County
Building Trades Advisory Board met on October 11 , 2012 and approved the changes. However, after some
discussion they recommended that the Weld County Building Department use the existing 2006 National
Energy Code.
Motion : Forward Ordinance 2012-7 with the exception of the 2012 National Energy Code to the Board of
County Commissioners along with the Planning Commission's recommendation of approval, Moved by
Jordan Jemiola, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote =(summary: Yes 6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand.
Absent: Joyce Smock.
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.
Commissioner Maxey asked about consistency on Development Standard wording. He added that with regard
to portable toilets one case stated that the applicant needs to provide quarterly documentation of the cleanout
and on other cases that wasn't included. Ms. Light said that it is stated in the Septic Code; however they can
include it to be consistent.
Meeting adjourned at 7:47 pm .
Respectfully submitted,
Kristine Ranslem
Secretary
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