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HomeMy WebLinkAbout20241001.tiffEXHIBIT Before the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Wailes, 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: eui d IL\ eocos Case Number: Applicant: Planner: Request: Legal Description: Location: COZ23-0005 Robert L. Seltzer Family, LLC Diana Aungst Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. Lot B Lot Line Adjustment, LLA21-0033; being part of the S1/2 of Section 34, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. East of and adjacent to County Road 19: north of and adjacent to County Road 2. 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 [Comprehensive Plan] of the Weld County Code. Section 22-2-30.8 states: "Locate urban development in urban areas." Section 22-2-30. 8.1 states: "Encourage annexation of urban -scale development. Zone changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged. Property owners who want to rezone or subdivide their property are encouraged to contact the municipality about annexation." The property is located more than one (1) mile from the nearest municipality. This Change of Zone is consistent with the Section 22-2-30.B.1. because the closest municipality is more than one (1) mile from the site. Section 22-2-30. 8.2 states: "Urban -scale development shall only be placed where urban services, including public water, are available." Todd Creek Village Metropolitan District (TCVMD) submitted a Will Serve letter dated September 7, 2023. TCVMD will provide water to the site. Per the Weld County Department of Public Health and Environment, referral dated January 29. 2024, an on -site wastewater treatment system (OWTS) will serve the site. Section 22-2-40.A. states: "Support compatible economic development opportunities." This site is in a Weld County Opportunity Zone. The location of the site is consistent with the Comprehensive Plan's intent to place commercial businesses within one-half mile of an intersection of a collector and an arterial road. Section 22-4-10.8.1. the Weld County Opportunity Zone criteria, states that zone changes to commercial and industrial are preferred in select areas of the County. Specifically, within one-half (1/2) mile of collector/arterial intersections. This property is located within the one-half mile (1/2) of the intersection of County Road 2 and County Road 19 therefore it is within a Weld County Opportunity Zone as defined by the Comprehensive Plan. The Comprehensive Plan states that zone changes to commercial and industrial are preferred in the Opportunity Zones. Section 22-2-30. C. states: "Harmonize development with surrounding land uses.., Resolution COZ23-0005 Robert L Seltzer Family, LLC Page 2 The properties to the north and east are owned by the applicant Any proposed commercial uses are required to screen all outdoor storage from all other properties except those properties that are zoned 1-3 (Heavy Industrial) The property to the north was recently rezoned to C-3 (Business Commercial) under case #COZ23-0002 Additionally, the property directly to the west of County Road 19 (across the street from the subject property) was rezoned to C-3 (Business Commercial) under case #COZ22-0010 The site is currently vacant land B 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 adjacent surrounding lands to the north and west are zoned C-3 (Business Commercial) and the property to the east is zone A (Agricultural), and the property to the south is locate in Adams County The properties to the north and east are owned by, Robert L Seltzer Family, LLC, the owner of the subject property The land uses include rural residential, agricultural, and a self -storage facility that is surrounded by the subject property approved under USR17-0067 There is a C-3 (Business Commercial) zoned property directly west of the site, on the west side of County Road 19, approved under case #COZ22-0010 There are twelve (12) USRs within one (1) mile of the site USR-1063 and USR-1077 are for 24 - inch natural gas pipelines Amended AMUSR-256 and USR21-0017 are for oil and gas support and service facilities MUSR12-0013 fora Class II oilfield waste disposal facility, USR19-0019 for a storage and staging yard for oil and gas equipment, USR-1376 for a landscaping business, USR18-0128 fora contractor shop, USR17-0032 fora greater than 12 -inch high-pressure natural gas pipeline, Fourth Amended 4MUSR22-87-778 for oil and gas support and service, USR12- 0022 for a RV and Boat facility, and USR17-0067 fora self -storage facility The site is located within the three (3) mile referral area for the Cities of Northglenn, Dacono, and Brighton as well as Adams County Adams County and the City of Brighton did not return referral agency comments The Cities of Dacono and Northglenn submitted referral agency comments stating no concerns both dated January 8, 2024 The current land use on the south side of County Road 2 (168"' Avenue) is a well pad with about thirty (30) wells via Adam's County case #s USR2018-00002, USR2022-00007 and USR2022- 00009 Additionally, the Pioneer Water Pipeline via Adam's County case # RCU2020-00004 was approved for this area The Adam's County Future Land Use Map adopted in 2012 depicts the properties as Estate Residential and the proposed 2022 revised Future Land Use Map states that the density for these properties is proposed to be about six (6) dwelling units per acre designated as Residential Low The subject site is not located within a Coordinated Planning Agreement (CPA) boundary of any municipality On January 8, 2024, the Department of Planning Services sent notice to seven (7) surrounding property owners within 500 -feet of the subject parcel Four (4) surrounding property owners responded with objections to this Change of Zone One (1) of the surrounding property owners is within the 500 -foot buffer while the other three (3) are outside the buffer zone The concerns outlined in the letters include property values, [agricultural] way of living, lack of existing infrastructure, removal of land from agricultural uses, the addition of more of the same [businesses], uncertainty of what can be built on the site, increased traffic, eroding of the integrity of residential/agricultural community The site in a Weld County Opportunity Zone which is a preferred site for rezoning to commercial and industrial Any future commercial/industrial uses will have to be approved through a Site Plan Resol ution` COZ23-0005 Robert L Seltzer Family, LLC Page 3 Review, Use by Special Review, or a Zoning Permit process Site Plan Review and Use by Special Review applications are sent to referral agencies and, with the Use by Special Review and Zoning Permit processes, also sent to the surrounding property owners for comment The Conditions of Approval and Development Standards applied to both this Change of Zone and any future Site Plan Review or Use by Special Review permits will adequately address and mitigate ' potential impacts \ ' C 23-2-30 A 3 — That adequate water and sewer service can be made available to the site to serve ,the uses permitted within the proposed zone district_ Todd Creek Village Metropolitan District (TCVMD) submitted a Will Serve letter dated September ' 7, 2023 TCVMD will provide water to the site ' Per the Weld County Department of Public Health and Environment, referral dated January 29, 2024, an on -site wastewater treatment system (OWTS) will serve the site 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 Per the referral dated February 1,- 2024, from the Department,, of Planning Services — Developinent Review County Road 19 is an arterial road and County Road 2 is a collector road These two roads meet the criteria specified in Section 23-2-30 A 4 and Section 23-2-40 B 4 for change of zone in that these are paved roads , This portion of County Road 2 is under the jurisdiction of the(Adams County Weld County has right-of-way on the north side of County Road 2 The subject parcel has a, permitted shared, commercial access point 'onto County Road 2 via AP18-00749 This access point is shared by Lots A and B of LLA21-0033 Lot A uses an access easement to cross Lot B (reception # 4590240) The subject parcel has a permitted commercial access point onto County Road 19 via AP12-00370 - 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 — If the proposed Change of Zone is located within any' Overlay District identified by 'maps officially adopted by ,the County, that the applicant has demonstrated compliance with the County regulations concerning Overlay Distncts Compliance maybe demonstrated in a previous public hearing or in the hearing concerning the rezoning application The proposed Change of Zone (COZ) site is not located within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, I-25, Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer,System area, Special Flood Hazard Area, Historic Townsites, Overlay District, or Agricultural Heritage Overlay District 2) Section 23-2-30 A 5 b - That the proposed rezoning will not permit the use of any area known t000ntarn a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property The proposed zoning will not interfere with the future extract of mineral deposits anymore that the existing zoning The Geologic Hazards and Mineral Resources Report from Earth Engineering Consultants, LLC, dated September 29, 2023, submitted in the application materials, state that no sources of critical minerals are inferred at this site and no significant resources of sand and gravel exist below ground surface It goes on to state that oil/gas Resolution COZ23-0005 Robert L Seltzer Family, LLC Page 4 facilities and/or wells are present on the property Therefor it appears that potential oil/gas resources could exist, thus, an evaluation by others would be needed to evaluate the economic value of that potential resource 3) Section 23-2-30 A 5 c - If soil conditions on the site are such that they present moderate or severe limitations to the construction of structures or facilities proposed for the site, that such limitations can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to the development of the property The Natural Resources Conservation Services (NRCS) Soil Survey, dated November 7, 2023, indicates that 86% of the site consists of low -slope (1-3%) Nunn loam soils and 1 7% low -slope (1-3%) Wiley -Colby complex soils and 8% of the site is classified as water although there are no visible water bodies on the site Both the Nunn and the Wiley -Colby complex soils are classified as "Prime Farmland if Irrigated' Additionally, 3% of the site consists or moderate -slope (3-5%) Ulm clay loam which is classified as "Farmland of Statewide Importance" Geotechnical subsurface explorations are recommended for each building to identify existing subsurface conditions and provide geotechnical engineering recommendations Pre - mitigation radon control methods, such as sub -slab piping, as well as radon tests should be considered 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 THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERICAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING 1 Prior to recording the plat A The applicant shall acknowledge the referral comments from the Weld County Oil and Gas Energy Department, as stated in the referral response dated January 24, 2024 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) 2 The Change of Zone plat shall be amended to delineate the following A All sheets of the plat shall be labeled COZ23-0005 (Department of Planning Services) B The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning Services) C All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number (Department of Planning Services) D County Road 19 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 1400 feet of right- of -way at full buildout The applicant shall delineate and label on the plat the future and existing right-of- way (along with the documents creating the existing right-of-way) and the physical location of the road If the existing right-of-way cannot be verified it shall be dedicated The applicant shall also delineate the physical location of the roadway Pursuant to the definition of setback in the Weld County Code Sec 23-1-90, the required setback is measured from the future right-of-way line This road is maintained by Weld County (Development Review) E This portion of County Road 2 is under the jurisdiction of Adams County However, Weld County has right-of-way on the northern side of County Road 2 The applicant shall delineate and label Resolution COZ23-0005 `Robert L Seltzer Family, LLC Page 5 on the plat the future and existing right -of --way (along with the documents creating the existing right-of-way) and the physical location of the road If the existing right-of-way cannot be verified it shall be dedicated The applicant shall ,also delineate ,the physical location of the roadway Pursuant to the definition of setback in the Weld County Code Sec 23-1-90, the required setback ,„is measured from,the,future right-of-way line (Development Review) , F , Show and label the existing permitted shared access point onto County Road 2 and the usage type (Commercial) (Development Review)' 3 The following notes shall be delineated on the Change of Zone plat 1) U Change of Zone, COZ23-0005, allows for C-3 (Business Commercial) Zone District uses which shall -comply with the requirements set forth in Chapter 23, Article III,, Division 4 -of the Weld .County Code (Department of Planning Services) 2) r Any future,structures or uses on site must obtain the -appropriate zoning and building permits (Department of Planning Services) 3) The operation shall comply with all applicable rules and regulations of the State end Federal agencies and the Weld County Code (Department of Planning Services) 4) The property owner or operator shall be responsible for controlling noxious weeds on the site, , pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) ' 5)- Access on, the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Development Review) 6) The historical flow patterns and runoff amounts will be maintained on they site (Development Review) 7) ' Water service may be obtained from Todd Creek Village Metropolitan District (Department of Public Health and Environment) ' U 8) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be by an on -site wastewater treatment system (OWTS) designed in accordance' with the regulations of the ColoradoDepartment 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) 9) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the , system to function ` as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed (Department of Public Health and Environment) ` 10) Building permits maybe required, for any new construction, setup of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the, following has been _adopted ,by Weld County 2018 International Building Codes, 2018 International EnergyCode, 2020 National Electrical Code, and Chapter29 , of the Weld County Code A Building Permit Application mustUbe completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report, performed by a Colorado _ registered engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction (Department of Building Inspection) Resolution COZ23-0005 Robert L Seltzer Family, LLC Page 6 11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program and the County,Facility Fee and Drainage Impact Fee Programs (Department of Planning Services) 12) Necessary personnel from the Weld County Departments of Planning, Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and'all applicable Weld County regulations (Department of Planning Services) ' 13) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most, abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the' State's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption fof the ecology and quality of life of the citizens of the populous counties of the state _ Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations- Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource _ 4 Upon completion of Conditions of Approval 1, 2, and 3 above, the applicant shall submit one (1) electronic copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services Upon approval of the plat 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'23-2-50 D of the Weld County Code The Mylar plat and additional requirements shall be submitted within one -hundred -twenty (120) days from the date of the Board of County Commissioners resolution The applicant shall be responsible for paying the recording fee - 5` If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), 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 COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat The Board of County Commissioners may extend the date for recording the plat If the Board determines that conditions supporting the original approval of the COZ cannot beTnet, the Board may, after a public hearing, revoke the COZ ' 6 In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not be recorded within ,the specified `timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period 7 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners However, no building permit shall be issued, and no use shall ' commence on the property until the plat is recorded - Resolution COZ23-0005 Robert L Seltzer Family, LLC Page 7 Motion seconded by Michael Pahzzi VOTE For Passage Against Passage Absent 'Elijah Hatch Skip Holland Butch White Pamela Edens Michael Wailes \ Michael'Palizzi Shana Morgan Virginia Guderjahn Barney Hammond The Chair declared the resolution passed and ordered that a certified copy beforwarded with the file of this case to the Board of County Commissioners 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 Aped 2, 2024 _ Dated the 2"d of April, 2024 Kristine Ranslem Secretary Summary of the Weld County Planning Commission Meeting Tuesday, April 2, 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice -Chair Butch White, at 1:30 p.m. Roll Call Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan, Virginia Guderjahn, Barney Hammond. Absent: Elijah Hatch. Also Present: Chris Gathman, Diana Aungst, Molly Wright, and Maxwell Nader, Department of Planning Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Applicant: Planner: Request: Legal Description: Location: COZ23-0005 Robert L. Seltzer Family, LLC Diana Aungst Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. Lot B Lot Line Adjustment, LLA21-0033; being part of the S1/2 of Section 34, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. East of and adjacent to County Road 19; north of and adjacent to County Road 2. Diana Aungst, Planning Services, presented Case COZ23-0005, reading the recommendation and comments into the record. Ms. Aungst noted that Staff received four (4) letters from surrounding property owners with objections to this application. She added that one (1) of the surrounding property owners is within 500 -feet of the subject property, while the other three (3) letters are outside the buffer zone. The letters outlined concerns regarding property values, agricultural way of living, lack of existing infrastructure, removal of land from agricultural uses, increased traffic, and eroding of the integrity of the residential and agricultural community. Ms. Aungst noted that a letter of support was received this morning from the owner of the property on the northwest corner of County Roads 19 and 2. The Department of Planning Services recommends approval of this application along with conditions of approval. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Bob Choate, Coan, Payton & Payne, LLC, 1711 61St Ave, Greeley, stated that he is representing the Robert L. Seltzer, LLC family. Mr. Choate said that this property is located directly adjacent to County Road 2 and County Road 19. He added that this property is located within the Weld County Opportunity Zone and this is a preferred place for a rezone to commercial or industrial. Mr. Choate said that this is a growing and developing area. He added that the future land use plan for Adams County is low -density residential, which is six (6) units per acre. Mr. Choate said that it is important to recognize that all this property is developing and added that his team has been in conversations with the developer and are expecting about 2200 new units in this blank area. He said the reason there is so much development is because Todd Creek Water supplies water to the area and added that they expect to have sewer in two years, therefore, they believe this property will have water and sewer for development in 18 to 24 months. He referred to the surrounding property letters that were submitted and understands that they want to protect their way of life; however, there is infrastructure to support the additional development. Commissioner Wailes clarified if that property is expected to have sewer. Mr. Choate said sewer would become available to this property. 1 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 the applicant if they have read through the Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case COZ23-0005 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Michael Palizzi Vote Motion carried by unanimous roll call vote (summary Yes = 8) Yes Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland, Virginia Guderjahn Meeting adjourned at 4 28 p m Respectfully submitted, / Kristine Ranslem Secretary 2 ATTENDANCE RECORD I NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip E3 r'Chaa,12)aurt z.. lIbicAAverJcj(/o Sbcp . al i€rn&tr Jo►,nto.i Seltzri 33toL{ t U3ctz- 83 er.v.Rsdat, 8'aot 1 iJ c..� 4,,1 L..�. 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