HomeMy WebLinkAbout20090359.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
PZ-1151
Kristi Walker
Jacqueline Hatch
Change of Zone from the A (Agricultural) Zone District to 1-3 Zone District
Lot A and B of RE -3949 being part of NW4 of Section 20, T2N, R66W of the 6th
P.M., Weld County, Colorado.
East of and adjacent to State Hwy 85 and approximately 1/8 mile south of CR
20.
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 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
The proposal is consistent with the aforementioned documents as follows:
Section 22-1-110.G The Intergovernmental Agreements, Zoning and Subdivision Ordinances,
Mixed Use Development Area Plans and Planned Unit Development Plans, Chapters 19, 23,
24, 26 and 27, are intended to implement and carry out the goals and policies of this Chapter
(Chapter 22).
Section 19-12-50.B Fort Lupton IGA states "Development outside Urban Growth Area. To
the extent legally possible, the County will disapprove proposals for Urban Development in
areas of the municipal referral area outside the urban growth area." The properties are not
located within an Intergovernmental Agreement Areas (urban growth area). The properties
are located with the three mile referral area (municipal referral area) of the Town of Fort
Lupton as defined in the IGA. The Town of Fort Lupton city limits are located approximately 3
miles to the south and the Intergovernmental Agreement boundary is located approximately
2.5 miles to the south of the site. The City of Fort Lupton in their referral dated December 5,
2008 state that they have reviewed the request and find no conflicts with their interest.
Therefore, staff is in support of this application.
Section 22-2-150.B 4 (.Policy 2.4 Promote industrial development that is appropriately located
in relation to surrounding land uses and that meets necessary environmental standards.
Section 22-2-170.C C.Goal 3 Address the compatibility of commercial land uses with
adjacent land uses.
The two parcels (Lots A and B of RE -3949) comprise of approximately 12.3 acres and are
located west of and adjacent to the Union Pacific Railroad and east of and adjacent to State
Highway 85. Lot B contains an existing Tote -A -Shed business under USR-1227 approved in
1999 and is served by a commercial well (214858) and an Individual Sewage Disposal
System (SP -9900337). Lot A is currently vacant; however a commercial / industrial well
permit has been issued for the parcel (Well permit #67623-F). An individual sewage disposal
system will be installed when a business is located on the property.
B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses.
The two parcels comprise of approximately 12.3 acres and are located west of and adjacent
to the Union Pacific Railroad and east of and adjacent to State Highway 85.
2009-0359
EXHIBIT
B
C2 # 1151
Resolution PZ-1151
Kristi Walker
Page 2
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The site to the north is permitted by USR-1459 for vehicle sales and detailing approved in
2004. AMUSR-477 is located to the south for an oil and gas storage facility approved in
1991. Further to the south approximately 1/8 mile the property was zoned 1-3 through Z-385
in 1983.
The properties are not located within an Intergovernmental Agreement Area.
The properties are located with the three mile referral area for the Town of Fort Lupton. The
Town of Fort Lupton city limits are located approximately 3 miles to the south and the
Intergovernmental Agreement boundary is located approximately 2.5 miles to the south of the
site. The City of Fort Lupton in their referral dated December 5, 2008 state that they have
reviewed the request and find no conflicts with their interest.
C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
The proposed PUD will be serviced by commercial wells and septic systems. Lot B is served
by a commercial well (214858) and an Individual Sewage Disposal System (SP -9900337).
Lot A is currently vacant; however a commercial/industrial well permit has been issued for the
parcel (67623-F). An individual sewage disposal system will be installed when a business is
located on the property.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts.
The Colorado Department of Transportation in their referral dated December 3, 2008 state
that they have reviewed the request and that the projected right-of-way for State Highway 85
is 100' either side of the highway centerline. CDOT also state that they have no comments
on the change of zone but depending on the users of the parcel, they might be concerned
about traffic impacts. The Department of Public Works in their referral dated December 9,
2008 state that County Road 20 is classified as a local gravel road requiring 60 foot right-of-
way. All existing right-of-way including the documents creating them will be delineated on the
plat. The plat shall also delineate the access to the site from County Road 20.
The properties are accessed off of County Road 20 via a 30' easement. As a Condition of
Approval the application will be required to provide staff with a copy of a recorded agreement
with the owner of the property which is crossed by the easement to allow for industrial uses.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. - The proposed Change of Zone does not lie within any overlay
district other than the following.
a. Effective January 1, 2003, Building Permits issued on the lot will be required
to adhere to the fee structure of the Weld County Road Impact Program.
(Ordinance 2002-11) (Department of Planning Services)
b. Effective August 1, 2005, Building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-
40) (Department of Planning Services)
Resolution PZ-1151
Kristi Walker
Page 3
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2) Section 23-2-30.A.5.b. - The properties are too small to warrant mining of any gravel
or sand that that may be beneath the surface. Research has shown that there are
no mineral owners associated with the property.
3) Section 23-2-30.A.5.c. - Soil conditions on the site are not such that they present
moderate or severe limitations to the construction of structures of facilities proposed
for the site.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from Agricultural (A) Zone District to 1-3 uses is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation, as stated in the referral response dated December 3, 2008. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
B. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in the referrals dated December 9, 2008 and December 10, 2008.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
C. The applicant shall address the requirements (concerns) of the State of Colorado Division of
Water Resources as stated in the referral response dated November 18, 2008 Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Weld County Department of
Planning Services Landscaping referral, as stated in the referral response dated November
7, 2008. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Health and Environment, as stated in the referral response dated December 5, 2008.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
F. The applicant shall submit to the Weld County Department of Planning Services a recorded
copy of any agreement signed by all of the owners of the property crossed by the access.
The access shall be for ingress and egress and shall be referenced on the plat by the Weld
County Clerk and Recorders reception number.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ -1151. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C and D of the Weld County Code. (Department of
Planning Services)
C. All approved recorded accesses and easements shall be shown in accordance with County
standards and shall be dimensioned on the Change of Zone plat. (Department of Public
Works and Department of Planning Services)
Resolution PZ-1151
Kdsti Walker
Page 4
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D. The Colorado Department of Transportation has jurisdiction over State Highway 85. As
stated in their referral dated December 3, 2008 the projected right of way for State Highway
85 is 100' from centerline. The applicant, on the Change of Zone plat, shall show and label
the existing and future right-of-way recognized by CDOT. (Colorado Department of
Transportation)
E. County Road 20 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. There is presently 60 feet of right-
of-way. A total of 30 feet from the centerline of County Road 20 shall be delineated on the
plat including the documents creating the right-of-way. (Department of Public Works)
F. The Weld County's Right to Farm shall be placed on the plat. (Department of Planning
Services)
G. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for 1-3 uses which shall comply with the 1-3 Zone District
requirements as set forth in Article III Division 1 of the Weld County Code as
amended. (Department of Planning Services)
2. The existing business on Lot B (Tote -A -Shed USR-1227) is allowed to operate as is
until a major change from the plans or Development Standards as shown on USR-
1227 has been determined by the Department of Planning Services. If a substation
change has been determined a Site Plan Review application shall be applied for and
approved prior to operation. (Department of Planning Services)
3. No land, building or structure shall be used, changed in use or type of occupancy,
developed, erected, constructed, reconstructed, moved or structurally altered or
operated until a Site Plan Review has been approved by the Department of Planning
Services. (Department of Planning Services)
4. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code. (Department of Planning Services)
5. The site shall maintain compliance at all times with the Design Standards listed in
Chapter 24, Article VII of the Weld County Code, if applicable. (Department of
Planning Services)
6. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
7. Building permits shall be obtained prior to the construction of any new building. A
plan review is required for each 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. (Department of Building Inspection)
8. Each new building will require an engineered foundation based on a site -specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Department of Building Inspection)
9. New buildings shall conform to the requirements of the various codes adopted at the
time of permit application. (Department of Building Inspection)
10. Activities such as permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the septic absorption field site. (Department of Public Health
and Environment)
Resolution PZ-1151
Kristi Walker
Page 5
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11. Effective January 1, 2003, Building Permits issued on the lot will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance
2002-11) (Department of Planning Services)
12. Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department
of Planning Services)
13. A Weld County Septic Permit is required for any septic system and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. (Department
of Public Health and Environment)
14. Prior to the release of building permits, the Lot owner shall verify with the nearest
Town/City or Sanitation District to determine the location of the nearest sanitary
sewer line. In accordance with the Weld County Code, if a sewer line exists within
four hundred (400) feet of the property line and the sewer provider is willing to serve
the proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
15. Water service shall be obtained from an appropriately permitted well.
(Department of Public Health and Environment)
16. 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)
17. 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)
18. 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)
19. This application is proposing wells as its source of water. The applicant should be
made aware that while they may be able to obtain a well permit from the Office of the
State Engineer, Division of Water Resources, the quantity of water available for
usage may be limited to specific uses, i.e. commercial use only, etc. Also, the
applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
We strongly encourage the applicant to test their drinking water prior to
consumption and periodically test it over time. (Department of Public Health and
Environment)
20. The property owner shall allow any mineral owner the right of ingress or egress for
the purposes of exploration development, completion, recompletion, re-entry,
production and maintenance operations associated with existing or future operations
located on these lands. (Department of Planning Services)
Resolution PZ-1151
Kristi Walker
Page 6
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21. Personnel from the 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)
22. The historical flow patterns and run-off amounts will be maintained on site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm run-off.
(Department of Public Works)
23. Pursuant to Chapter 15, Article I and II of the Weld County Code, if noxious weeds
exist on the property or become established as a result of the proposed
development, the applicant / landowner shall be responsible for controlling the
noxious weeds. (Department of Public Works)
H. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above 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 Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D 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. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within thirty (30) days of approval by the Board of County Commissioners. 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)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
Motion seconded by Mark Lawley.
VOTE:
For Passage
Robert Grand
Tom Holton
Doug Ochsner
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
Against Passage
Absent
Bill Hall
Erich Ehrlich
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.
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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 20, 2009.
Dated the 20th of January, 2009.
Kristine Ranslem
Secretary
-0- 200 q
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The Chair asked if the applicant was here and if they wish for this case to remain on consent. The applicant
indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked if there were any Commissioners who wish to pull this case from the consent agenda to
be heard. No one wished to speak.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
PZ-1151
Kristi Walker
Jacqueline Hatch
Change of Zone from A (Agricultural) Zone District to PUD with C-3, C-4, I-1, 1-2
and 1-3 uses.
Lot A and B of RE -3949 being part of NW4 of Section 20, T2N, R66W of the 6th
P.M., Weld County, Colorado.
East of and adjacent to State Hwy 85 and approximately 1/8 mile south of CR
20.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied yes with a
small change to the request. She stated that she would like to leave this item on consent; however there
has been an alteration to the request by the applicant.
Ms. Hatch stated that originally this was a PUD Change of Zone from Agricultural to PUD with C-3, C-4, l-
1, 1-2, and 1-3 Zone Districts. The applicant is requesting that it be altered to a straight Change of Zone
application from Agricultural to only the 1-3 Zone District.
Ms. Hatch commented that staff and the county attorney are in support of this request. She indicated that
she has handed out revised staff comments to the Commissioners outlining the changes. The only
change in the staff comments are the section numbers for the reasons of approval. She also stated that
at the ?rid of the staff report there is a standard which states that at the time of final plat these items need
to be submitted; those items have been deleted from staff comments since no PUD Final Plat is required.
Ms. Hatch stated that staff is still in support of leaving this case on the consent agenda.
Commissioner Ochsner asked for clarification on the zoning request. He asked if I-1 is a more intensive
use than 1-3. Ms. Hatch said that 1-3 would be the most intense use. She added that legal notice was
given including the 1-3 Zone District designation. The applicant originally requested C-3, C-4, I-1, 1-2, and
1-3 and now they are requesting only the 1-3 Zone District. Ms. Hatch added that it is an intense use but it
is one that has already been notified as such.
Commissioner Grand asked if the County Attorney approves of this change. Mr. Barker replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked if there were any Commissioners who wish to pull this case from the consent agenda to
be heard. No one wished to speak.
Robert Grand moved that the Consent Agenda including CZ -1149, USR-1681, and PZ-1151, be forwarded to
the Board of County Commissioners along with the amended Conditions of Approval and Development
Standards with the Planning Commission's recommendation of approval, seconded by Mark Lawley. Motion
carried unanimously.
The Chair read the first case on the hearing agenda into the record.
CASE NUMBER: 2008-XX Amendment 1
APPLICANT: Pioneer Communities Inc. & HP Farms LLC
EXHIBIT
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