HomeMy WebLinkAbout20222594.tiffEXHIBIT
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BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Pamela Edens, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ22-0005
KEITH COWAN
DIANA AUNGST
CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LOT 1 RESBUDIVISION RES21-0009. BEING PART OF THE NW4 SECTION 15,
T5N R65W OF THE 6TH P.M., WELD COUNTY; COLORADO.
SOUTH OF AND ADJACENT TO EAST 20' STREET APPROXIMATLEY 0.2
MILES EAST OF CHERRY AVENUE.
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.
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 Code.
Section 22-4-10.A.1, the Comprehensive Plan Map section, refers to one of the two main
components for siting preference of rezonings and subdivisions. Specifically, that area of
opportunity for commercial and industrial development are logically developed based on
transportation infrastructure of roads and railroads.
The proximity of this site to US Highway 34 business route allows for the convenient and efficient
transportation of goods and services that may be produced or received from a potential business
on this property. By rezoning the property to C-3 (Business Commercial), a larger variety of
anticipated future uses may benefit from the nearby Highway.
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
mile of US highways.
This property is located within the one-half mile buffer surrounding US Highway 34; therefore, it
is within a Weld County Opportunity Zone. The Weld County Comprehensive Plan supports zone
changes in the Opportunity Zones.
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 site is located east of Greeley along E. 20th Street and in this area there is a mixture of
zonings and uses within one (1) mile of the site. The immediate area consists of
industrial/commercial, institutional (Bella Romero school), and residential uses. The majority of
the adjacent surrounding lands are zoned R-1 (Low Density Residential) with one parcel north of
the site zoned C-3 (Business Commercial). The site is located in an Opportunity Zone due to the
proximity of US Highway 34 business route.
The Use by Special Review permits within one (1) mile of the site include. USR16-0009, USR-
832. USR-693, and USR-665 for an oil and gas production facilities all located south of the site.
Amended USR-1208 for a public recreational facility (paint ball field) and USR-808 for a private
recreational facility (RV campground) are also located south of the site. Approximately one-half
(0.5) to one (1) mile north of the site, along the Cache la Poudre River, are a few gravel pits
specifically SUP -345, USR14-0023 and USR-1760. Also included in this area is USR-1097 for an
art gallery, USR-926 for RV storage, USR-503 for sales of cemetery monuments. USR-834 for a
home business, USR-1006 for the storage of empty trash dumpster/containers, USR-1726 for
accessory parking and a home business, USR-771 for cultured marble fabrication, USR-755 for
RESOLUTION COZ22-0005
KEITH COWAN
PAGE 2
plastic products manufacturing, USR18-0070 for an accessory building, and USR15-0009 for a
trucking company with outdoor storage of equipment and vehicles
There are about twenty-nine (29) Site Plan Reviews (SPRs) approved for the properties that
have been rezoned to commercial (C-2 and C-3) or industrial (I-1 and 1-2) north of the site On
the C-3 zoned property north of and adjacent to the site there is an approved Site Plan Review,
SPR14-0001 This SPR was approved for maintenance, repair, and outdoor parking of vehicles
The site is located within the three (3) mile referral area for the Cities of Evans and Greeley and
the Towns of Kersey and Garden City The City of Evans and the Town of Garden City stated no
concerns on their referral agency comments dated May 29, 2022 and June 7, 2022 respectively
The City of Greeley did submit referral agency comments dated June 3, 2022, but these
comments related to the proposed development on the site rather than the proposed Change of
Zone The Town of Kersey did not respond with referral agency comments
The subject site is located within City of Evans and the Town of Kersey's Coordinated Planning
Agreement (CPA) boundaries As part of the pre -application process the municipalities were sent
a Notice of Inquiry (NOI) Both the City of Evans and the Town of Kersey indicated that they are
not interested in annexation of the subject property The future land use maps for the City of
Evans and the Town of Kersey do not include the subject property The Land Use Guidance Map
for the City of Greeley depict this area as suburban
On May 31, 2022, the Department of Planning Services sent notice to twenty-eight (28)
surrounding property owners within 500 -feet of the subject parcel No responses were received
back
Any use proposed on the subject site will go through a permitting process, whether this is a Site
Plan Review or Use by Special Review process All permitting processes require mitigation
methods for properties adjacent to the subject property that are not like to like zoning Visual
mitigation will be required for outdoor storage and parking or staging These methods/practices
are reviewed and enforced by Planning staff to ensure the property owner is compliant
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
The subject property is currently vacant and there are no utilities to the site The application
materials include a will serve letter from the City of Greeley which states that the City will provide
water service for outdoor storage (RV storage facility) The will serve letter states that, "The
service will be provided once any and all necessary on and offsite infrastructure improvements
are completed, and applicable fees are paid "
According to the application the existing sewer line is currently six -hundred (600) feet from the
proposed office building therefore an on -site wastewater treatment system may provide sewer as
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
The applicant submitted a revised questionnaire concerning the access point on August 22,
2022 The revision states that the access point will be from E 20th Street but will be located east
of the private drive that is currently utilized by Bella Romero and the new access point will meet
required spacing
US Highway 34 business route is on the northeast boundary of the site There is a thirty (30) foot
access easement (reception #4292873, dated April 11, 2017) that travels north/south along the
far eastern portion of the property to provide access to USR16-0009, a USR for an oil and gas
production facility, just south of the subject property This easement has an access onto US
RESOLUTION COZ22-0005
KEITH COWAN
PAGE 3
Highway 34 (CDOT access permit #416104) The applicant is not requesting to use this access
point or easement The Colorado Department of Transportation (CDOT) did not respond to the
referral request This access point is located entirely on the subject property and is not a shared
driveway
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 Distracts
Compliance maybe demonstrated in a previous public heanng or the heanng concerning
the rezoning application
The proposed Change of Zone (COZ) site is not located within the I-25 Overlay District,
Geologic Hazard Overlay District, Special Flood Hazard Area, or Agricultural Heritage
Overlay District
The site is located within the A -P (Airport), Overlay District MS4 - Municipal Separate Storm
Sewer System area, and Historic Townsites Overlay District The Greeley/Weld Airport did
not submit any referral agency comments and the comments concerning MS4 are included in
the Development Review referral agency comments dated May 31, 2022
2) Section 23-2-30 A 5 b - That the proposed rezoning will not permit 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 extractor to any greater extent than under
the present zoning of the property
The proposed Change of Zone does not interfere with the present or future extraction of
mineral resources, more so than the existing zoning The Aggregate Evaluation report from
CDS Engineering Corporation, dated December 10, 2021, submitted in the application
materials, states that the site would not be suitable for mining gravel
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 poor to the development of the
property
The Natural Resources Conservation Services (NRCS) Soil Survey, dated November 3,
2021, submitted with the application, indicates that the property contains low -slope Altvan
loam soils and that this type of soil does not limit the construction of dwellings or small
commercial buildings This soil type is classified as "Not prime farmland" and is considered
well -drained soil
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 R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT TO THE C-3
(BUSINESS COMMERCIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING
1 The Change of Zone plat shall delineate the following
A All sheets of the plat shall be labeled COZ22-0005 (Department of Planning Services)
B The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning
Services)
RESOLUTION COZ22-0005
KEITH COWAN
PAGE 4
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 East 20th Street is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 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 Show and label the proposed access point and the usage types (Agriculture, Residential,
Commercial/Industrial, or Oil and Gas) Development Review will review access location as a
part of the plat submittal (Development Review)
2 The following notes shall be delineated on the Change of Zone plat
1) Change of Zone, COZ22-0005, allows for C-3 (Business Commercial) Zone District uses which
shall comply with the requirements set forth in Chapter 23, Article III, Division 3 of the Weld
County Code (Department of Planning Services)
2) 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 and 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) All access and utility easements are dedicated for the benefit of all owners of lots depicted on
this plat, including owners of future lots created therefrom, regardless of lot configuration or
number of users, and without limitation of the use or intensity of the use of such easements No
lot owner may install a gate or otherwise impede the use of such easements without the
approval of all persons with rights of use of such easements (Development Review)
7) This site is located in the MS4 area and is subject to the regulations of the state -issued MS4
Permit (Development Review)
8) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
9) Water service may be obtained from the City of Greeley (Department of Public Health and
Environment)
10) 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)
RESOLUTION COZ22-0005
KEITH COWAN
PAGE 5
11) 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)
12) Building permits maybe required, for any new construction or setup manufactured structure, per
Section 29-3-10 of the Weld County Code A building permit application must be completed and
submitted 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 Residential Code, 2018
International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County
Code A plan review shall be approved, and a permit must be issued prior to the start of
construction (Department of Building Inspection)
13) 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)
14) 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)
15) 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 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
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 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
4 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
RESOLUTION COZ22-0005
KEITH COWAN
PAGE 6
5 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
6 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
Motion seconded by Sam Gluck
VOTE
For Passage Against Passage
Elijah Hatch
Sam Gluck
Butch White
Pamela Edens
Michael Palizzi
Shana Morgan
Absent
Skip Holland
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 September 6, 2022
Dated the 6th of September, 2022
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. September 6. 2022
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 Elijah Hatch, Sam Gluck. Butch White, Shana Morgan; and Michael Palizzi.
Absent: Skip Holland. Pamela Edens, and Michael Wailes.
Also Present: Chris Gathman. Diana Aungst, and Maxwell Nader, Department of Planning Services; Lauren
Light. Department of Health: Karin McDougal. County Attorney, and Kris Ranslem, Secretary.
Pamela Edens entered the hearing at 12:33 p.m.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION
COZ22-0005
KEITH COWAN
DIANA AUNGST
CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LOT 1 RESBUDIVISION RES21-0009, BEING PART OF THE NW4 SECTION 15.
T5N, R65W OF THE 6TH P M.. WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO EAST 20T" STREET APPROXIMATLEY 0.2
MILES EAST OF CHERRY AVENUE.
Diana Aungst, Planning Services, presented Case COZ22-0005, reading the recommendation and
comments into the record. Ms. Aungst stated that Staff received no correspondence or phone calls
regarding this application. 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.
Eric Wernsman, 16493 Essex South, Platteville, Colorado, stated that there is a very large oil and gas
facility to the south of the site and added that there is a commercial area with outdoor storage to the north
of the site. Mr. Wernsman said that the applicant is proposing outdoor storage at this time and intends to
install three -sided buildings on the west side to assist as screening from the school. He added that they
are installing a large amount of City of Greeley Water, not because they need it, but for fire protection to
make the site safer.
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 COZ22-0005 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Pamela Edens.
Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White. Elijah Hatch. Michael Palizzi, Pamela Edens, Sam Gluck and Shana Morgan
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
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