HomeMy WebLinkAbout20031364.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, along with the deletion of#2 E& L,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-1036
APPLICANT: JMF Cattle Company/Grant Brothers c/o Doug Grant
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part S2NW4,SW4NE4,NW4SE4of Section 20,TiN, R66Wof the 6th P.M.,Weld
County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to 1-3 (Industrial).
LOCATION: 0.5 miles North of WCR 6 and East of and adjacent to WCR 27.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 Planning Commission recommends approval of the Change of Zone from the A (Agricultural) Zone
District to 1-3 (Industrial)Zone District the following are recommended Conditions of Approval.
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-1036 (Department of Planning Services)
B. The Plat shall be amended to adhere to Section 23-2-50 of the Weld County Code which
outlines the requirements for the Change of Zone plat. (Department of Planning Services)
C. The boundary (perimeter) of the proposed development area must be shown distinctly on
the change of zone plat. (Department of Planning Services)
D. Weld County Road 27 is classified by the County as a collector roadway and requires an 80-
foot right-of-way. The applicant shall verify the relevant 40-foot right-of-way on their
property, and the documents creating the right-of-way shall be noted on the change of zone
plat. T he right-of-ways hall b e shown and dimensioned o n the change o f zone plat.
(Department of Public Works)
E. Easements shall be shown in accordance with County standards and shall be dimensioned
on the change of zone plat. The major electric transmission line and easement shall be
shown, labeled and dimensioned on the change of zone plat. (Department of Planning
Services, Department of Public Works)
F. The correct railroad track layout must be shown on the change of zone plat. The railroad
easements must be verified and dimensioned on the change of zone plat, both the full
section dimension of easement and the half section of easement on the applicant's property.
(Department of Public Works)
G. The applicant shall delineate and label all existing structures on the change of zone plat.
(Department of Public Works)
EXHIBIT
2003-1364
Cmp` om/a
Resolution CZ-1036
JMF Cattle
Page 2
H. The applicant shall show and identify all existing irrigation / ditch systems for this
development on the change of zone plat. There is a major ditch running along the eastern
property boundary. The applicant must address the thin sliver of property located east of
the ditch. Ditch easements should be noted. (Department of Public Works)
There are (or were) several retention ponds located on this property. The ponds must be
shown on the change of zone plat, since they are a major land feature. In addition, a note
should be placed on the change of zone plat regarding these ponds and any environmental
implications of future land use. (Department of Public Works)
J. Written documentation shall be provided to the Weld County Department of Planning
Services indicating the concerns of the City of Fort Lupton, as received in a referral dated
March 15, 2003, have been addressed. (Department of Planning Services)
K. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division
of the Weld County Department of Public Health &Environment was unable to locate septic
permits for some of the residential septic systems located on the parcel. All residences
that are to remain on site must have permitted septic systems. The applicant should contact
the Department to update existing septic permits to correct addresses. Any existing
residential septic system(s)that will remain on the parcel, which is not currently permitted
through the Weld County Department of Public Health & Environment, will require an
I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the
system(s) is found to be inadequate, the system(s) must be brought into compliance with
current I.S.D.S. regulations. (Department of Public Health and Environment)
L. The Environmental Health Division of the Weld County Department of Public Health &
Environment was unable to locate septic permits for the commercial structures located on
the parcel. All commercial structures that are to remain on site must have permitted septic
systems. The applicant should contact the Department to update existing septic permits to
correct addresses. Any existing commercial septic system shall be reviewed by a
Colorado Registered Professional Engineer for adequacy to serve the proposed uses at the
time a Site Plan Review application is submitted. (Department of Public Health and
Environment)
M. The following notes shall be delineated on the Change of Zone plat:
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.
(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 u ses o n s ite m ust obtain the a ppropriate zoning a nd
building permits. (Department of Planning Services)
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5) If applicable, installation of utilities shall comply with Article VII, Chapter 24, of the
Weld County Code. (Department of Planning Services)
Resolution CZ-1036
JMF Cattle
Page 3
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) At the time of the Site Plan Review, a drainage report signed by a professional
engineer, licensed in the state of Colorado, shall be submitted to the Weld County
Department of Public Works. (Department of Public Works)
8) At the time of the Site Plan Review, final road plans shall be submitted and
approved by the Weld County Department of Public Works. These plans shall
include road and intersection improvements as well as the necessary right-of-way
dedication. (Department of Public Works)
9) Normally Public Works has an understanding of the proposed development and
potential impacts on surrounding infrastructure. If eventual use of this site would
be a major impact, significant roadway and intersection improvements will be
required. (Department of Public Works)
10) This proposed zone change to an industrial use might possibly contribute significant
traffic to the surrounding area, including US Highway 85. The applicant will be
required to participate and contribute to improvements for the US 85 Highway
Access Control Plan at the Site Plan Review application. (Department of Public
Works)
11) At the time of the Site Plan Review, and prior to release of Building Permits, the
applicant shall submit construction drawings to the Department of Building
Inspection for review and approval. (Department of Building Inspection)
12) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
(Department of Public Health and Environment)
13) 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)
14) 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)
15) Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
16) The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District as delineated in 25-12-103, C.R.S. (Department of Public
Health and Environment)
17) Manure and manure-contaminated wastes shall be removed and disposed in
accordance with the land application requirements in the Confined Animal Feeding
Operations (CAFO) regulations. Following the removal of all manure wastes the
applicant shall submit a final report documenting the quantities of manure and
Resolution CZ-1036
JMF Cattle
Page 4
manure-contaminated wastes removed, disposal method, and post removal
confirmation sampling of nitrogen and phosphorous. (Department of Public Health
and Environment)
18) All fuel tanks must be removed in accordance with the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14). Additionally, at a minimum
the Department recommends confirmation sampling be conducted in the vicinity of
the fuel tanks to verify the contaminated soils have bee appropriately removed.
(Department of Public Health and Environment)
19) 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
permits for those systems that have been abandoned. (Department of Public
Health and Environment)
20) 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. Permits are required to move or demolish any
building currently placed on this property. (Department of Building Inspection)
21) Each 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)
22) New buildings shall conform to the requirements of the codes adopted at the time
of permit application. Currently, the following codes have been adopted: 1997
Uniform Building Code; 1998 International Mechanical Code; 1997 International
Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
3. Any further development of the site will require a Site Plan Review. Any commercial/industrial
development must comply with all 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 of each development. (Department of Public Health and
Environment)
4. At the time of the Site Plan Review, the applicant shall work with Colorado Department of
Transportation and Department of Public Works to determine if any off-site road improvements are
required. (Department of Public Works)
Resolution CZ-1036
JMF Cattle
Page 5
Motion seconded by John Hutson
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 April 15, 2003.
Dated the 15'h of April, 2003.
Voneen Macklin
Secretary
q_ a(3O3
CASE NUMBER: CZ-1036
APPLICANT: JMF Cattle Company/Grant Brothers c/o Doug Grant
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part S2NW4,SW4NE4,NW4SE4 of Section 20,Ti N,R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A(Agricultural) to 1-3 (Industrial).
LOCATION: 0.5 miles North of WCR 6 and East of and adjacent to WCR 27.
Kim Ogle, Department of Planning Services presented Case CZ-1036, 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. The City of Fort Lupton's referral
requested denial for this application.
John Folsom asked if the applicant has petitioned for annexation to Fort Lupton. Mr. Ogle indicated that they
have approached the city on two separate occasions.
Tom Haren, representative for the applicant, provided clarification on the project. An attempt is being made
for the sale of the property as a feed yard but there are obstacles. There has been a history of dust
complaints. This property is land locked on all sides with the only entrance being over a railroad track. This
is not a viable location for a residential project with one access. There are new federal regulations for feed
lots in which this site would need to be upgraded considerably. Lauren Light, Land Professionals, provided
information with requirements with the County Code. There are five requirements according to the code that
must be met. The first requirement is consistency with the Comprehensive Plan. The plan encourages the
location of industrial district where adequate services are currently available. The conversion of agriculture
to industrial is encouraged where services are available. The expansion and diversion of the industrial
economic base. A well divided industrial sector is encouraged. There is a transportation system in place with
CR 27 and Hwy 85. CR 6 and Hwy 85 is a signaled intersection. The property has well permits that allow for
commercial uses and fire protection. A commercial septic permit will be required at the time of site plan
review. Services are currently available or are obtainable. The second requirement is that the use is
compatible. The area is zoned Agriculture and Industrial. This area is in transition. A site plan review will be
required before any industrial use can be located on the property. The review will address performance
standards that are defined in the code. Referral agencies will have the opportunity for review. The third issue
is adequate water shall be made available. This property has approved well permits. The fourth issue is the
street and highway. Some items are addressed in conditions of approval. Additional items will be addressed
at the time of the site plan. The final item is the overlay districts. Commercial/Mineral deposits and soil
conditions are not an issue. There is direct connectivity to a railroad track as well as the state highway
system. Mr. Haren added the property is practical for the industrial type zoning. This property is not
adequately designed for a residential project due to the limitations for transportation. Mr. Haren indicated that
Fort Lupton was spoken with by the client. The client offered to absorb the cost for utilities and then annex.
Fort Lupton was not interested. A formal petition process was not offered from Fort Lupton. This site is well
suited for commercial septic system according to a geotechnical study already done. The only negative
referral received was from Fort Lupton. This is the only use for this property. The referral requests denial
to the"extent legally possible." The applicant went back to Fort Lupton in an effort to gain support and provide
information with regard to the proposed project. The planner indicated that they do not support any urban
development.
Michael Miller asked about the railroad crossing and what types of businesses could build there. Mr. Haren
indicated there is no plan for this site. It will be marketed as Industrial and any proposal has to go through a
site plan before passing. Mr. Miller asked Mr. Ogle if a site plan review is administrative. Mr. Ogle indicated
that was correct.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bryant Gimlin asked about the process with Fort Lupton. Mr.Haren indicated that there was no formal petition
for annexation because the client did not proceed that far. There were two meetings with planners and the
town brought the issue up at a Planning Commission hearing. The location of the property is too far away.
EXHIBIT
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Mr. Haren indicated some issues with condition of approval 2E. The property is not adjacent therefore it
should be deleted. 2H - labeling the change of zone plat with all the existing structures is something that is
with the site plan review. They are rezoning the property nothing more at this time. 2K-there is a duplicate
with a Department of Public Health and Environment and their requirement to delineate on the plat. 2L-the
applicant has met with the Department of Public Works and all their issues are dealt with in item 2. 2M-Fort
Lupton has indicated it does not want to annex the property. There is a very limited way that the applicant can
address the issues.
Michael Miller asked Mr. Schei why Hwy 85 right of way is being addressed when the property is on CR 27.
Mr. Schei indicated that they have very little specifics on the development. There needs to be some
coordination for future planning with regard to the transportation. There needs to be more clarification. Mr.
Miller indicated it would be more appropriate at the site plan review due to the lack of information as to what
industrial business will reside there. Mr. Schei stated that the change of zone might contribute to the traffic
in the surrounding area including the highway. The applicant will have to contribute to the transportation
improvements. Mr. Miller stated that the change of zone plat will not even show Highway 85. It is more
appropriate at the site plan review stage. Mr. Schei agreed that 2E should be deleted. Mr. Miller questioned
the need to label all the existing structures. Mr. Schei stated that this is a normal requirement. There is
nothing showing what is on the property now. It is good to know what was there as far as infrastructure. Mr.
Schei stated that 2L is a general statement. This statement can be deleted.
Kim Ogle addressed 2M indicating that the applicant is asked to address the concerns from Fort Lupton.
Written acknowledgment of what was said will be sufficient. The applicant can then move on. Mr.Ogle stated
that the Fort Lupton referral addressed other issues with regard to inner streets and drainage. These would
need to be addressed.
Michael Miller addressed each of the concerns from Mr. Haren with the Planning Commission and their
inclination as to how to address them. Mr. Miller stated that maintaining a plat that included labeling of the
structures would not harm anyone and would be good to have on the record. It would help determine a
relative impact for any new proposal.
Bryant Gimlin moved to delete 2 E & L. Stephen Mokray seconded. Motion carried.
Michael Miller stated his biggest concern is that the land is land locked across the railroad tracks. Everything
has to access as at the railroad.
John Folsom indicated there is no issue with compatibility. The issue is with the IGA. The applicant has not
submitted an annexation package to Fort Lupton. The applicant has not fulfilled the requirements with the
IGA with Fort Lupton. Mr Miller indicated that it is pretty black and white with the overide of the IGA
agreement. The agreement is nonfunctional. Mr. Morrison added that the provision Mr. Haren was alluding
to were "to the extent legally possible." The argument is that there is no economic use except for what is
being applied for. The county cannot commit a taking to satisfy the agreement. Mr. Folsom asked Mr.
Morrison where the language was located in the code that identified with Mr. Haren's argument. Mr. Ogle
clarified that the property is in the three mile referral area, not in the IGA boundary. It is outside the IGA
boundary. The language Mr. Folsom was citing is if the property falls within the IGA area. The annexation
requirement is not applicable. Fort Lupton is asking for denial based on the terms of the IGA. Mr. Folsom
asked Mr.Ogle if that was the basis for denial in the review. Mr. Ogle indicated that was correct,the applicant
is within the three mile area but not the required annexation area. Based on the language in the IGA, the city
of Fort Lupton has the option of recommending denial of any application within the area. Staff is basing the
recommendation on this. Mr. Gimlin stated that the city of Fort Lupton was not here to testify,which did not
assist in the proceedings.
Bryant Gimlin moved that Case CZ-1036,along with the amended conditions of approval, be forwarded to the
Board of County Commissioners along with the Conditions of Approval and Development Standards with the
Planning Commissions recommendation of approval. John Hutson 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; Bruce Fitzgerald, yes; John
Hutson, yes. Motion carried unanimously.
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