HomeMy WebLinkAbout20220847.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION
Moved by Butch White, that the following resolution be introduced for passage by the Weld County Planning
Comm ssion. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ21-0012
W3 LEGACY LLC
CHRIS GATHMAN
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-
3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LOT B REC EXEMPT RECX15-0078, BEING PART NE4 SECTION 19, T5N, R67W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATELY 500 -FEET SOUTH OF CR 56; APPROXIMATELY 2,000 -FEET
WEST OF CR 15.
be reccmmended 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.
Sec. 22-2-30. - Land Use Goals and Objectives.
23-2-30.A - Land use changes should not inhibit agricultural production nor operations.
No agricultural production will be removed because of this change of zone.
23-2-30.B. - Locate urban development in urban areas.
The site is bordered by the Union Pacific Railroad on the north and the Great Western Railroad on
the south. Industrial development is conducive to rail access.
23-2-30. C. - Harmonize development with surrounding land uses.
This property is currently being utilized for Industrial purposes. A parking and staging area for a
trucking and construction business on the site was approved under Use by Special Review Permit
USR15-0040. There are existing construction uses approved under USR15-0075 and USR15-0027 in
the vicinity.
23-2-30.C.1.- Transition between land use types and intensities with buffers. Uses that are
/ncompatible with existing uses must be able to mitigate conflicts.
The property is separated from adjacent properties by rail on the north and the south. The site is
located approximately 800 -feet from the nearest residence to the north.
Sec. 22-2-40. - Economic Development Goals and Objectives.
23-2-30.A - Support compatible economic development opportunities.
The site is located within the Weld County Opportunity Zone on the Comprehensive Plan Map
approved/adopted on November 9, 2020, contains an existing Industrial use and is adjacent to rail.
There are existing 1-3 Industrial zoned properties approximately 400-600 feet to the north approved
under (approved under COZ20-0004 and COZ21-0002 for Gerrard Investments) and is currently
being used for industrial use. This encourages the agglomeration of synergistic business uses.
23-2-40.A.1. - Identify target areas where the County is able to encourage shovel -ready commercial
and industrial development.
RESOLUTION COZ21-0012
W3 LEGACY LLC
PAGE 2
This property is adjacent to rail on two sides and is conducive to existing and future Industrial
Development
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 Town of Johnstown, City of Loveland and the Town of Milliken did not return referral responses
The City of Greeley stated no conflicts with our interests in their referral response dated December 7,
2021 The Town of Windsor, as stated in their referral response dated December 6, 2021
"This is a large amount of heavy industrial zoning near Weld County residential subdivisions (Coyote
Ridge approximately 1/3 mile to the east and Indianhead just over %2 mile to the north) While the
application refers to proximity to US 34, the intersection of WCR 15 and US 34 is currently
uncontrolled, therefore, the industrial traffic generated by this proposal will likely use WCR 13 and
WCR 17 for access to traffic signals Commuter traffic on WCRs 13 and 17 currently backs up
regularly at the US 34 intersections and the addition of industrial traffic at these intersections should
be studied CDOT is currently studying potential future improvements to the WCR 17 intersection "
The 2021 Town of Johnstown Area Comprehensive Plan Future Land Use map identifies this area as
Low Density/Residential with an Agricultural Overlay
1-3 Industrial Zoning is located approximately 400-600 feet to the north as (approved under COZ20-
0004 and COZ21-0002) and is currently being used for industrial use
There is an existing Industrial Use and improvements on the property approved under USR15-0040
This property is located outside of Windsor's Growth Management Area The Colorado Department of
Transportation had no comment in their referral response dated December 6, 2021 No referral
responses or phone calls have been received from surrounding property owners regarding this case
Future industrial uses to be located on the property will have to be administratively approved through
a Site Plan Review (SPR) or approved by the Board of County Commissioners through a Use by
Special Review Permit (USR) Conditions of approval and Development Standards through this
Change of Zone and future USRs or SPRs will adequately address and mitigate future impacts Due
to the proximity of multiple rail lines, the location of other industrial uses in the vicinity (as well as the
existing industrial use on the site), this proposed change of zone is compatible with the 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
There is an existing septic system on the property sized for an office with six (6) employees The Left -
Hand Water District, in their referral response dated December 27, 2021, stated that Left -Hand Water
is requiring an exclusive easement for a waterline that was recently installed on the property This
has been included as a condition of approval
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
Section 23-3-330 of the Weld County Code states, " Properties zoned 1-3 should be located near
transportation infrastructure such as highways, railroads, or airports "
This is interpreted that the lots shall have safe and direct access to adequate roads within public
right-of-way prior to increasing the intensity of the zone district
The property is located approximately 500 -feet to the south and west of County Road 56 The
property currently accesses County Road 56 across the adjacent property to the north via a 30 -foot
RESOLUTION COZ21-0012
W3 LEGACY LLC
PAGE 3
access easement delineated on the RE -1247 (recorded 4/12/90) and granted a perpetual 30 -foot
non-exclusive easement and right-of-way for ingress, egress, road, utilities, and drainage by a
warranty deed recorded 9/26/90
County Road 56 is a local, gravel road that is undersized and in disrepair The existing roadway is not
adequate for industrial traffic To Justify a recommendation of approval for this change of zone to
Industrial, staff requests an Improvements Agreement that includes a proportional share of all
required improvements to upgrade the road to the proper width and for magnesium chloride
treatment and address improvements Paving, if necessary, can be addressed at the time of Site
Plan Review when the future use of the property is defined
To Justify a recommendation of approval for a change of zone to permanent industrial use in this
location, an Improvements Agreement is requested The agreement will include improvements to
upgrade the County Road 56 to the Chapter 8 Weld County Code local road width and the abatement
of dust by routine magnesium -chloride treatment The road improvements agreement would also
address on -site improvements (internal access improvements) The improvements would be required
to be complete prior to the issuance of building permits (or prior to the issuance of grading permits in
the event that building permits are not required for the use) which follows a site plan review This
would protect the applicant from making road improvements only to potentially pave the road
immediately thereafter An Improvements Agreement at the Change of Zone establishes a minimum
road standard for future development Further improvements, such as pavement or auxiliary lanes,
will be addressed at the time of the Site Plan Review, when the future use of the property is clear
As the approval is justified by a condition of approval, staff recommends the zoning amendment be
effective upon recording of the Change of Zone plat, rather than immediately upon approval, in
accordance with Section 23-2-60
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 site is not located within a Floodplain, Geological Hazard area or
Airport Overlay Zone
2) Section 23-2-30 A 5 b — The Geology Report dated August 10, 2021, states that the property
does not fall in areas identified as having economically recoverable sand and gravel, or metallic
mineral resources Additionally, the site is covered by existing buildings and improvements
3) Section 23-2-30 A 5 c — The Geology Report dated August 10, 2021, states that near surface
soils could be used for support of lightly to moderately loaded structures Deep foundation
systems could be employed if heavy foundation loads are anticipated or if moderately to highly
expansive soils and/or bedrock are encountered within proximity to proposed foundation bearing
elevations
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 Zone District to 1-3 Zone District is conditional upon the following
1 Prior to recording the plat
A The applicant shall obtain preliminary approval for industrial access locations to each parcel
(Development Review)
B An Improvements Agreement is required for off -site improvements to County Road 56 and on -site
improvements for the internal roadway Road maintenance includes, but is not limited to, dust control
and damage repair The Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed improvements A recorded
RESOLUTION COZ21-0012
W3 LEGACY LLC
PAGE 4
Improvements Agreement is required prior to issuance of an access permit (Development Review)
C The applicant shall address the comments of the Front Range Fire Rescue as stated in their referral
comments dated December 10, 2021 Written evidence of such shall be provided to the Department
of Planning Services (Front Range Fire Rescue)
D The applicant shall address the comments of the Little Thompson Water District as stated in their
referral dated December 27, 2021 Written evidence of such shall be provided to the Department of
Planning Services (Little Thompson Water District)
E Dedicate a public right-of-way that meets the design standards of Chapter 8 that connects to the
right-of-way access onto CR 56 that crosses parcel 095719100009 from the shared access point
onto County Road 56 (currently permitted as AP15-00293) Right -of -Way may be dedicated on the
change of zone plat Existing buildings and structures shall meet the 1-3 setback requirements as
delineated in Section 23-3-240 (Bulk Standards) of the Weld County Code If any buildings and
structures do not meet setback requirements, a nonconforming structure application shall be
submitted to the Department of Planning Services (Department of Planning Services)
F The County may enter into a Capital Contribution Front End Agreement with any person commencing
development who proposes to construct eligible capital improvements To the extent that the fair
market value of the construction of these capital improvements exceeds the obligation to pay impact
fees for which a credit is provided pursuant to this Section, the Capital Contribution Front End
Agreement shall provide proportionate and fair -share reimbursement for such excess contribution
(Department of Planning Services)
G The plat shall be amended to delineate the following
1 All pages of the plat shall be labeled COZ21-0011 (Department of Planning Services)
2 The plat shall adhere to Sections 23-2-50 C and D of the Weld County Code (Department of
Planning Services)
3 County Road 56 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall
delineate and label on the site map or 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 All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
4 Show and label the approved access location onto CR 56, approved access width, and the
appropriate turning radii (65') on the plat The applicant must obtain the updated access permit
as a Condition of Approval (Development Review)
5 Show and label the public road right-of-way that meets the design standards in Chapter 8 of the
Weld County Code to be dedicated by the plat (Development Review)
6 All recorded easements and rights -of -way shall be shown and dimensioned on the Change of
Zone plat, including rights -of -way to be vacated or dedicated, if applicable The right-of-way that
crosses` the adjacent property to the north (parcel # 095719100009) and the Union Pacific
Railroad shall be referred to on the plat (Department of Planning Services)
2 The following notes shall be delineated on the Change of Zone plat
A The Change of Zone allows for 1-3 (Heavy Industrial) uses which shall comply with the 1-3 (Heavy
Industrial) Zone District requirements as set forth in Article Ill Division 4 of the Weld County Code
(Department of Planning Services)
RESOLUTION COZ21-0012
W3 LEGACY LLC
PAGE 5
B 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)
C Any future structures or uses on site must obtain approval through a Site Plan Review (Department
of Planning Services)
D Water service may be obtained from Little Thompson Water District (Department of Public Health
and Environment)
E 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
Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld
County Code in effect at the time of construction, repair, replacement, or modification of the system
(Department of Public Health and Environment)
F Activity or use on the surface of the ground over any part of the OWTS must berestncted to thatwhich
shall allow the system to function as designed and whichshall not contribute to compaction of the soil or
to structural loading detnmentalto the structural integrity or capability of the component to function as
designed (Department of Public Health and Environment)
G 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)
H Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Development Review)
I The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Development Review)
J The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates (Development Review)
K Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Development Review)
L The historical flow patterns and runoff amounts will be maintained on the site (Development Review)
M 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)
N New buildings 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 Residential Code, 2020 International Energy Code, 2017 National
Electrical Code, and Chapter 29 of the Weld County Code (Department of Building Inspection)
O 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)
P 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)
RESOLUTION COZ21-0012
W3 LEGACY LLC
PAGE 6
Q 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)
R 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
of 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 persons 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
3 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic
copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services The
plat shall be prepared in accordance with the requirements of Section 23-2-50 D of the Weld County
Code
4 Upon approval of the plat, Conditional of Approval 3 above, the applicant shall submit to the Department
of Planning Services 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 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 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
6 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 be met, the Board may, after a
public hearing, revoke the COZ
7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required one -hundred -twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50 00 recording continuance charge shall be added for each additional 3 -
month period
RESOLUTION COZ21-0012
W3 LEGACY LLC
PAGE 7
Motion seconded by Lonnie Ford
VOTE
For Passage
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Palizzi
Against Passage Absent
Michael Wailes
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 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 February 15, 2022
Dated the 15th of February, 2022
Kristine Ranslem
Secretary
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 15, 2022
ozsA -6o1�
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 Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present. Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Pamela Edens,
Michael Palizzi.
Absent/Excused: Michael Wailes.
The Chair announced that Michael Wailes has recused himself from today's hearing cases.
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light,
Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: COZ21-0012
APPLICANT: W3 LEGACY LLC
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX15-0078, BEING PART NE4 SECTION 19, T5N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 500 -FEET SOUTH OF CR 56; APPROXIMATELY 2,000 -
FEET WEST OF CR 15.
Chris Gathman, Planning Services, presented Case COZ21-0012, reading the recommendation and
comments into the record. The Department of Planring Services recommends approval of this application
along with conditions of approval.
Melissa King, Development Review, reported on the existing traffic and access to the site. Ms. King stated
that acccrding to the Weld County Code for change of zone requires that the road providing access to the
property is adequate in size to meet the requirements of the proposed zone district. Considering the
proposed zoning is heavy industrial the potential uses allowed in this zone district, the traffic typically
associated with these uses, the existing traffic on the roads and the existing conditions of this road, Staff
has determined that while County Road 56 is adequate and functional classification it is not adequate in
width or structural capacity to meet the potential traffic requirements. Therefore, the applicant shall supply
information that demonstrates willingness and financial capability to upgrade County Road 56 in
conformance with the transportation plan. She added that this shall be shown by an Improvements
Agreement or contract guaranteeing installation of improvements by the applicant made in conformance
with the county policy for collateral improvements.
Commissioner Hatch clarified if since all three applicants are responsible for their shared responsibility of
County Road 56, technically the first one to do a site plan review will be responsible for the improvements
beyond that. Ms. King said that they look at it that as new industry comes in they pay their way.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Tim Naylor, AGPROfessionals, 3050 67t" Avenue, Greeley, Colorado, stated that this is similar to the
previous :ase where it seemed the opportune time while multiple neighbors within the area were going
through the change of zone. Mr. Naylor referred to the question of who pays what first and added that they
will have to work through who will be responsible for rebuilding the intersection if they change their site plan
review.
Commissioner Holland asked if the improvements that will be required require a bond. Ms. King stated that
part of the Improvements Agreement includes that type of collateral that would guarantee that the roads
are built to the standard.
Commissioner Gluck clarified if it is in our code then effectively it is the county's responsibility to furnish a
road that is compliant that we are requiring them to build to Ms King said that the code specifies that as
part of a change of zone the roads have to be adequate so for them to propose to change the zone then
the responsibility would be on the applicant
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Janet Ross, 6248 CR 56, stated thattSunhall borders her property and added that they have been a terrific
neighbor and tries to make sure that all their vehicles go 20 mph by her house Ms Ross requested to
change the speed limit to 20 mph and mitigate her lifestyle on a small farm road that is being changed to
an industrial road She also expressed concern for the ditches in the area
Commissioner Hatch clarified if the 20 mph sign is located to the east on County Road 56 Ms Ross said
it used to be 35 mph by the wedding venue but it was reduced to 20 mph and added that there is no speed
limit signs on any other part of the road She added that she has been requesting this for seven (7) years
and really hopes that it will be changed
Mr Naylor appreciated Ms Ross's comments and added that he will talk with Coyote Ridge regarding the
speed of their trucks He added that it is important that they are good neighbors and changing the zone
shouldn't change the neighborhood
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 COZ21-0012 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Butch White, Seconded
by Lonnie Ford
Vote Motion carried by unanimous roll call vote (summary: Yes = 8)
Yes Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Pamela Edens, Sam Gluck, Skip Holland,
Tom Cope
Meeting adjourned at 3 09 pm
Respectfully submitted,
Kristine Ranslem
Secretary
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