HomeMy WebLinkAbout20031561.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, along with amendments to the language in 2D & 2E 8&9, 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: CZ-1040
APPLICANT: Great Western Railway Company of Colorado, LLC
PLANNER: Monica Daniels Mika
LEGAL DESCRIPTION: SW4NW4/N2NW4 Section 25; part of the E2SE4 Section 23;and the SW4
Section 24, all located in T6N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from A(Agricultural) to the 1-3 (Industrial)Zone District.
LOCATION: North and south of CR 64 3/4; north of and adjacent to CR 66; east of CR
23; and north of and adjacent to Eastman Park Drive.
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 proposed 1-3 Zoning is consistent with the Weld County
Comprehensive Plan. The site will encourage the expansion of the industrial economic
base and provide for a variety of employment opportunities for Weld County citizens.
I.Policy 2.4 states"Promote industrial development that is appropriately located in relation
to surrounding land uses, and that meets necessary environmental standards."Policy 2.1.
states "Accommodate new industrial development within planned industrial areas."
UGB.Goal 2 states "Concentrate urban development in or adjacent to existing
municipalities... or where urban infrastructure is currently available or reasonably
obtainable." The site is adjacent with the Urban Growth Boundary to the Town of Windsor
as defined in the Weld County Code. The Town of Windsor's. Planning Commission is
forwarding a conditional recommendation of approval on the 1-3 use as stated from an e-
mail from Joe Plummer dated 5/28/03.
B. Section 23-2-30.A.2. -The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses. Surrounding land
uses include Agricultural and Industrial uses. A Site Plan Review will be required prior to
any Industrial use occurring on the property. The intent of the Site Plan Review is to
"provide present and future residents and users of land in the County a means whereby
orderly and harmonious development is ensured in the County. The Site Plan Review
process requires additional consideration to ensure that the uses permitted are established
and operated in a manner that is compatible with existing and planned land uses in the
neighborhood. Site Plan Reviews are designed to protect and promote the health, safety,
convenience,and general welfare of the present and future residents of the county." Items
addressed through the Site Plan Review include, but are not limited to, number of
employees,building construction,signage,landscape treatment,drainage,parking,outside
storage, loading service areas and environmental criteria. The Site Plan Review will
ensure compatibility with surrounding land uses.
C. Section 23-2-30.A.3.-Adequate water and sewer service can be made available to the site
to serve the uses permitted within the proposed zone district. Referral agencies will have I- a
the opportunity to further address water and sewer during the Site Plan Review application m
process. The Town of Windsor has committed to provided water and sewer as referenced =
in a letter dated April 29,2003,from Rod Wensing,Town Administrator and Dennis Wagner, K
ru
Director of Engineering for Windsor. W
2003-1561 .l.
Resolution CZ-1040
Great Western
Page 2
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. The Weld County
Public Works Department reviewed this request and indicated several conditions to be
implemented at site plan review regarding transportation and drainage. Issues regarding
right-of-way have been addressed in the Conditions of Approval and Development
Standards. Transportation and drainage items will be required at the time of application for
the Site Plan Review. The Change of Zone plat map will be required to show the
designated right-of-way reservation.
E. Section 23-2-30.A.5.-In those instances where the following characteristics are applicable
to the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. - The proposed Change of Zone does not lie within any
overlay district identified by the maps officially adopted by Weld County.
2) Section 23-2-30.A.5.b. - The proposed rezoning does not contain the use of any
area known to contain a commercial mineral deposit in a manner which would
interfere with the present or future extraction of such deposit by an extraction to any
greater extent than under the present zoning of the property.
3) Section 23-2-30.A.5.c. -Soil conditions on the site are not such that they present
moderate or severe limitations to the construction of structures of facilities proposed
for the site. A soils report and two sets of building and engineered foundation plans
(with registered C olorado engineer s tamp) i s required for a II building permits.
These issues are addressed through Conditions of Approval and will also be a part
of the Site Plan Review process.
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Change of Zone from A (Agricultural) to 1-3(Industrial) is conditional upon the following:
1. The change of zone plat map shall be submitted to the Department of Planning Services for
recording within 60 days of approval by the Board of County Commissioners.
2. Prior to recording the Change of Zone plat:
A. All pages of the plat shall be labeled CZ-1040 (Department of Planning Services)
B. Adhere to Section 27-9-20 of the Weld County Code which outlines the requirements for the
Change of Zone plat. (Department of Planning Services)
C. Any abandoned septic system must comply with the Weld County Code Section 30-4-20
(D). The applicant should contact the Department to update existing septic permit records
if the system is abandoned. (Department of Public Health and Environment)
D. It should be noted that, any commercial/ industrial development must comply with a II
applicable Weld County Department of Public Health and Environment, Colorado
Department of Public Health and Environment, EPA and/or Oil and Gas regulations. The
applicant/developer must contact the appropriate agency for more information regarding
the site-specific requirements for each development. These items will be required at the
time of application for the Site Plan Review. (Department of Public Health and
Environment)
E. The following notes and information shall be delineated on the Change of Zone plat:
Resolution CZ-1040
Great Western
Page 3
1) The Change of Zone allows for Industrial uses which shall comply with the 1-3 Zone
District requirements as set forth in Section 23-3-330 of the Weld County Code.
The disposal of domestic sewage sludge, commercial junkyard and salvage yard
has been eliminated from the uses allowed on this site as stated by the applicant.
(Department of Planning Services)
2) Any signage located on the property shall require building permits and adhere to
Section 23-4-100 of the Weld County Code. (Department of Planning Services)
3) The site shall maintain compliance at all times with the requirements of Weld
County Government. (Department of Planning Services)
4. Any future structures o r uses o n site must obtain the a ppropriate zoning and
building permits. (Department of Planning Services)
5) If applicable, installation of utilities shall comply with Article VII, Chapter 24, of the
Weld County Code. (Department of Planning Services)
6) The applicant shall adhere to all Site Plan Review requirements, as defined in
Chapter 23, Division 3 of the Weld County Code. (Department of Planning
Services)
7) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact
Program.(Ordinance 2002-11)
8) At the time of the Site Plan Review, drainage issues shall be addressed. A final
drainage report signed by a professional engineer, licensed in the state of
Colorado, along with final drainage construction and erosion control plans
conforming to the drainage report, shall be submitted and approved by the Weld
County Department of Public Works. (Department of Public Works)
9) At the time of the Site Plan Review, transportation and improvement issues shall
be addressed. A professional traffic impact analysis, Improvements Agreements,
and final roadway and grading plans along with construction details shall be
submitted and approved by the Weld County Department of Public Works. These
construction plans shall include roadway and intersection improvements as well as
the necessary right-of-way dedication. (Department of Public Works)
10) CR 23 is classified by the County as a collector road and requires an 80-foot right-
of-way between SH 392 and CR 64%.The applicant shall verify the existing right-
of-way. The documents creating the right-of-way shall be noted on the change of
zone plat, and 40-feet of right-of-way shall be shown. If the right-of-way cannot be
verified, a 40-foot right-of-way will be dedicated on the site plan review. CR 23 is
paved between SH 392 and CR 64 %. (Department of Public Works)
11) CR 66 is classified by the County as a collector road and requires an 80-foot right-
of-way.The applicant shall verify the existing right-of-way. The documents creating
the right-of-way shall be noted on the change of zone plat, and 40-feet of right-of-
way shall be shown. If the right-of-way cannot be verified, a 40-foot right-of-way
will be dedicated on the site plan review. CR 66 is paved adjacent to this site.
(Department of Public Works)
12) CR 64 3/4 is classified by the County as a collector road and requires an 80-foot
right-of-way. The applicant shall verify the existing right-of-way. The documents
creating the right-of-way shall be noted on the change of zone plat, and 80-feet of
right-of-way shall be shown. If the right-of-way cannot be verified,an 80-foot right-
of-way will be dedicated on the site plan review. CR 64%is paved adjacent to this
Resolution CZ-1040
Great Western
Page 4
site. (Department of Public Works)
13) At the time of the Site Plan Review, and prior to release of Building Permits, the
applicant shall submit two sets of construction drawings that bear the wet stamp of
a Colorado registered architect or engineer, to the Department of Building
Inspection for review and approval. (Department of Building Inspection)
14) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination. (Department of Public Health and Environment)
15) No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as
amended. (Department of Public Health and Environment)
16) Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
17) Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
18) This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of
Public Health and Environment)
Motion seconded by Stephen Mokray
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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,Voneen Macklin, 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 June 3, 2003.
Dated the 3rd of June, 2003.
Voneen Macklin
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 3, 2003
A regular meeting of the Weld County Planning Commission was held Tuesday 2003, in the Weld County
Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Chair, Michael Miller , at 1:30p.m. -T;
c-
ROLL CALL n —
17 c.) _,
Michael Miller
Bryant Gimlin i
James Rohn GI r.)
Fred Walker Absent p
John Folsom -
Stephan Mokray
John Hutson Absent
Bernard Ruesgen Absent
Bruce Fitzgerald Absent
Also Present: Don Carroll, Peter Schei, Sheri Lockman, Kim Ogle, Monica Mika, Pam Smith, Char Davis
The summary of the last regular meeting of the Weld County Planning Commission held on May 15,2003,
was approved as read.
Items on the Continued agenda:
CASE NUMBER: PZ-594
APPLICANT: Todd Muckier, Debra Eberl & Eli Krebs
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A and B of RE-2695; being part W2 Section 29, T5N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Change of Zone from (A)Agricultural to PUD for seven (7) lots with (E)
Estate Uses and one (1)non-residential lot with Agricultural uses.
LOCATION: South of and adjacent to WCR 54 and Y2 mile East of WCR 15.
Sheri Lockman,Department of Planning Services,read a letter requesting a continuance to July 1,2003 due
to notification.
CASE NUMBER: USR-1429
APPLICANT: David &Annita Alvarez
PLANNER: Sheri Lockman/Michelle Katyryniuk
LEGAL DESCRIPTION: Lot A of RE-3025; being part of the NE4 of the NE4 of Section 29, T7N,
R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a church
childcare center and private school in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 78 and west of and adjacent to CR 41.
Sheri Lockman requesting a continuance to July 1,2003. Scheduling was incorrectly done,referrals are not
received to date.
Items on the Hearing agenda:
Ate►
CASE NUMBER: CZ-1040
APPLICANT: Great Western Railway Company of Colorado, LLC
PLANNER: Monica Daniels Mika II o
LEGAL DESCRIPTION: SW4NW4/N2NW4 Section 25;part of the E2SE4 Section 23;and the SW4 =
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Section 24, all located in T6N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from A(Agricultural)to the 1-3 (Industrial)Zone District.
LOCATION: North and south of CR 64 3/4; north of and adjacent to CR 66; east of CR
23; and north of and adjacent to Eastman Park Drive.
Monica Mika,Department of Planning Services presented Case CZ-1040,reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
John Folsom asked Ms. Mika where the closest line of the Great Western railroad is located and how Great
Western is involved. Ms. Mika indicated that a representative for the applicant will address this. Ms. Mika
stated that there is a lease purchase agreement in the file.
John Folsom asked why the Town of Windsor has not annexed the property,they have included it into the
growth management area. This makes the proceeding more complicated due to two different standards.
Ms. Mika stated that Windsor did go through the process to include the entire parcel, prior to taking that
action the use was light industrial/estate uses. There is a timing element in order to get this type of
application in order. The applicant is pursuing the change of zone then it will more than likely be annexed
into Windsor.
James Rohn asked if this is the proposed site for Owens Illinois if they choose this location. Ms. Mika
indicated it was a possible location but the application is for a change of zone not the final user.
John Folsom asked about the prime farm land and there is no reference made to this. Ms. Mika stated that
in a change of zone for a PUD it is criteria but for conventional change of zone it is one of the elements. It
is not one of the decision makers.
Alex Yerros, applicant, provided clarification with regard to the project. They are a regional railroad that is
able to service the industrial areas in Fort Collins, Loveland and Greeley. The lines are positioned between
the main lines of the Union Pacific and Burlington Northern/Santa Fe. This is a great industrial site around
the railroad. The industrial use in encouraged due to the extension of other industrial in the area. Markets
can be reached from either rail systems. The ultimate user has not been identified yet but Owens Illinois is
a possible subject. Industrial uses are encouraged on properties that have a natural extension of existing
industrial sites. This site is a natural extension.
John Folsom asked Mr.Yerros about the prime farm land and it being one of the priorities to preserve prime
farm land. Agriculture is one of the most important income producing activity in the county. It becomes a
matter of what the code requires. Mr.Yarrow indicated that Oivens Illinois,specifically,would employ 150+
people and this is substantial for a site like this. The jobs would be welcome.
James Rohn asked about the uses around the property. Mr. Yarrow indicated it was irrigated ground.
John Folsom questioned the urgency of the project since the jurisdictions is being split between Windsor and
the county. Is there any reason it cannot be delayed until the Town of Windsor can proceed within their
jurisdiction. Mr. Yerros stated that a number of uses could locate onto the site but if Owens Illinois chose
to locate they would want it to be industrially zoned. There are other sites that Owens will be considering.
Mr. Yarrow stated the zoning would need to be done for this site to be a viable site for Owens. If the time
were delayed Owens would possibly go somewhere else.
Monica Mika added that the agricultural lands criteria was adequately addressed through process. The
criteria is in the use by special review process.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joe Plummer, Town of Windsor Director of Planning, provided additional clarification with regard to the
application. The Town of Windsor is in support of the application. The Planning Commission of Windsor
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did vote to amend land use and include the parcel into the growth boundaries for the town. The amendment
consisted of a change from light industrial and estate to heavy industrial. Town of Windsor is under fast
track process for amending the boundaries, in order to annex it would delay the process. The intent is to
annex to Windsor by applicant at a future date. The time delay for the process would make it non beneficial
to the town or county. The Town of Windsor embraces the project as well as the Board of Trustees.
Lisa Korollo, neighbor, does not want this to be zoned heavy industrial. The issues are noise and traffic.
The area is wonderful farming ground. There is a lot of horses in the area. It is hard to watch farm ground
- get developed into industrial. Ms. Korollo lives in Willow Springs Estate. The area was to be agricultural
or residential. The smallest acreage in the Willow Springs subdivision is three acres. Crime will increase
as more activity is brought into the area. The residents in the development are not in favor of this and will
voice their opinions.
Michael Miller suggested that the opponents should be at the Planning Commission and the Board of County
Commissioners hearings during the change of zone process.
James Rohn asked Ms. Korollo how far away her property is from the site. Mr. Korollo indicated it was
approximately 1/2 mile away. Mr. Rohn asked how many people are in the subdivision. Mr. Korollo stated
that there are 20 homes. Mr. Rohn asked,"what do they do for a living?" Mr. Korollo indicated there was
a couple of business owners and most work for corporations. Mr. Rohn asked if any worked for Kodak. Mr.
Korollo stated there might be one household.
- Scott Cameron,neighbor,indicated concern that Great Western nor Owens Illinois owns the property. Is this
the end of decision process or is the June 18 meeting similar to this. Mr. Miller explained that the Planning
Commission is an advisory board and the Board of County Commissioners makes the ultimate decision.
The property owners make the decision as to the use or what is applied for. The ultimate use is up to that
owner and if they chose to farm then it will continue as such. Mr. Cameron indicated that the area is good
farm ground.
Ron Klaphake, EDAP, indicated his involvement with Owen Illinois. EDAP has been involved for one year
and has been searching for a site that is suitable. This site has services with all the needed utilities. The
alternative sites are two in Weld County and one in Wyoming. This site meets all the criteria of need for the
industrial activity proposed. This would provide solid jobs for the area not residences. In having job
opportunities it takes the traffic off the highways. EDAP has worked with the County and State to provide
great possible sites. This is another option besides building homes. It gives the opportunity to live close to
where job opportunities are.
Craig Harrison, representative of the seller, indicated all of the positive influences this will have on the area.
The site requires utilities along with the railroad. The location is a compatible land use. The area behind
the site and across the railroad to the north is under contract for sand and gravel. The land use will be
compatible. Mr. Miller asked about sand and gravel not being at the location but to the north of the site. Mr.
Harrison stated the belief is that a stream of gravel runs in that location.
Lisa Korollo, neighbor asked about a different site in Weld County and if that site is zoned industrial why
come and change one when there is another ready to go. Mr.Miller provided clarification with regard to the
change of zone but there is no final user.
The chair closed the public portion.
Alex Yerros,representative,stated that the fast track is for zoning not the final user. There is no determined
final user. Owens may not be the final user but the site can attract other users. The railroad creates buffer
between the homes and the site. The site is consistent with the existing uses to the south. If an industry
locates in the neighborhood it would be more beneficial to have the railroad option rather than the truck
traffic to the highways. The amount of industrial property in the county is limited. There is existing gas lines
and electricity. There is also easy access to Hwy 392 and to Hwy 34. This is a small increment compared
to the existing industrial employers in the area.
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John Folsom asked about-possible sites in MUD District. Mr.Yarrow is not aware of the site but would be
willing to explore the site. Mr. Folsom explained MUD District and its purpose for things of this nature.
Ron Klaphake, added that the applicant did look at the area in the MUD and those sites did not fit the
parameter with regard to distance.
Peter Schei would like to add revisions to 2D and 2E 8 & 9. These are minor changes in the language.
John Folsom asked about addressing the future needs of the roads in the county. If developed will not mess
the grid system. Mr. Schei stated that the site is a blank piece of paper and by adding the language they
want to ensure the infrastructure with regard to change of zone. Mr. Folsom indicated all will be mute once
it gets annexed into Windsor.
James Rohn moved to amend the language proposed by Mr. Schei, Public Works, 2D and 2E 8 & 9.
Stephen Mokray seconded. Motion carried.
Bryant Gimlin moved that Case CZ-1040,along with the amendments,be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes. Motion
carried unanimously. -
CASE NUMBER: USR-1427
APPLICANT: Manuel &Anita Sanchez
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part N2 NE4 Section 32, T5N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review P ermit f or a use
permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the
property is not a lot in an approved or recorded subdivision plat or lots part
of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 52 and west of and adjacent to CR 41.
Kim Ogle, Department of Planning Services presented Case USR-1427,reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
James Rohn asked the prior use of the property. Mr. Ogle stated that in 1983 Burbachs were approved for
USR-583 for a liquid fertilizer and storage facility. The understanding was this was not completed. Mr.Rohn
asked if they are in violation for the pallet process. Mr.Ogle stated that this is in the agricultural zone district
and this type of activity requires a USR permit. Instead of doing the violation the applicant was asked to
come in and submit a new USR. Mr. Rohn asked how the applicant can continue to make pallet while in the
process for the USR. Mr.Ogle stated that they were already in business and if it was a violation hearing he
would be able to continue with the type of activity. Staff is attempting to meet the applicant half way. Staff
is recommending limiting the hours of operation as submitted in the application material. Mr. Rohn asked
about the application questionnaire and if they could expand on some of the answers.
Bryant Gimlin asked about the language in the request description with regard to the lot not being in a
recorded subdivision. Mr. Ogle stated it was the catch all phrase that is put into all applications with
commercial and industrial type uses.
John Folsom asked about the development plan hours of operation. Mr. Ogle stated that the information
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