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HomeMy WebLinkAbout20223099.tiffBEFORE 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: CASE NUMBER: COZ22-0008 APPLICANT: MEADOW RIDGE HOLDINGS. LLC JAMM POWER SERVICE. LLC PLANNER: MAXWELL NADER REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C- 3 (BUSINESS COMMERCIAL) ZONE DISTRICT. LEGAL DESCRIPTION• LOT B REC EXEMPT RECX16-0018 PART W2SE4 SECTION 19. T2N, R64W OF THE 6TH P.M , WELD COUNTY. COLORADO LOCATION: NORTH OF AND ADJACENT TO CR 18: APPROXIMATELY 0.50 MILES EAST OF CR 49 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 of the Weld County. Section 22-3-30.8.4 — states: 'Pursue Coordinated Planning Agreements with all municipalities within the County." The proposed change of zone is located within the Town of Keenesburg Coordinated Planning Agreement area. The applicant submitted a signed Notice of Inquiry (NOI) Form dated March 15, 2022. The details of the NOI Form stated the following Met with applicant and although this property and the plans for development are in alignment with the town's comprehensive planning map for land use, the applicant does not wish to annexation at this time." The 2019 Keenesburg Land Use Plan identifies the area of the subject property as Highway Commercial. Section 22-2-30. C. - states: "Harmonize development with surrounding land uses." The site is located within the three (3) mile referral area of the towns of Hudson and Keenesburg. The Town of Hudson did return referral, dated August 10. 2022. The town in their comments stated they do not favor the request due to unknown traffic counts, fire code and fire suppression, and the proximity to Keenesburg municipal limits. All the concerns have or are being dressed through conditions of approval or development standards. The Town of Keenesburg did not return a referral but the NOI form dated March 15, 2022 as mentioned before states this request in lines with the future goals of the town. The surrounding properties located adjacent to the east are lands utilized for agriculture production: to the south are lands utilized for agriculture production, to the west are lands in agricultural production and to the north are lands used for a current cryogenic process plat. Section 22-4-10. B. — "Comprehensive Plan Compatibility The proposal is located within a Weld County Opportunity Zone as defined by the Comprehensive Plan Map, adopted in 2020. A Weld County Opportunity Zone is an area designated for potential commercial and industrial opportunity. These areas have the potential to be rezoned too commercial or industrial. The property is located within a Weld County Opportunity Zone due to its proximity to Interstate 76. The property is also located in the Urban and Urban/Annexation Mix Development Classification. The reason for being located in the 0.25 mile annexation ring is due to County Road 18 being under ownership of the Town of Keenesburg. 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. RESOLUTION COZ22-0008 JAMM POWER SERVICE, LLC PAGE 2 Any use proposed on the subject site will go through a permitting process, whether this is a Zoning Permit, 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 These methods/practices are reviewed and enforced by Planning staff to ensure the property owner is compliant All lands around the subject property are located within the County The uses specifically consist of ongoing oil and gas activity and a Cryogenic Processing Plant permitted through 1 MUSR18-17-0065 Approximately 0 50 miles to the north of the subject property is the future Pioneer Village, which is a planned master community within the Town of Keenesburg The zoning and uses within the community vary but there are commercial and industrial uses proposed 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 Water will be provided by a commercially permitted well, Permit no 86845-F, with the Division of Water Resources The Division of Water Resources returned a referral dated July 29, 2022 and outlined well permit no 86845-F was issued on April 1, 2022 pursuant to §37-90-137(4) C R S , and the Findings of the State Engineer to construct a well to withdraw 11 5 acre-feet per year from the Laramie -Fox Hills aquifer The well permit allows for commercial and light industrial use Per the Weld County Department of Public Health and Environment, referral dated July 21, 2022, the property is currently vacant and will be served by an on -site wastewater treatment system when development occurs 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 Development Review referral dated July 28, 2022, this portion of County Road 18 is under the jurisdiction of the Town of Keenesburg The municipality has jurisdiction over access to the road The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road 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 Be aware that physical roadways may not be centered in the right-of-way Please contact the municipality to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit County Road 18 is found to be adequate in functional classification, width and structural capacity to meet the traffic requirements of the proposed zone CR 18 is a paved two-lane road E Section 23-2-30 A 5 - In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards 1) Section 23-2-30 A 5 a - The proposed Change of Zone is not located within the Municipal Separate Storm Sewer System Area (MS4), Geological Hazard Area or Special Flood Hazard Area 2) Section 23-2-30 A 5 b — The proposed Change of Zone does not interfere with the present extraction of mineral resources The applicant included a Geotechnical Engineering Letter from High Plains Engineering & Consulting, LLC prepared on July 14, 2022 It was on site and The applicant determined there are not mineral lessees per their mineral research 3) Section 23-2-30 A 5 c —The NRCS Soils Survey provided by the applicant indicate the following soils on site 15 - Colby loam, 47 - Olney fine sandy loam, and 79 - Weld loam There are not any concerns with the soils on site for development RESOLUTION COZ22-0008 JAMM POWER SERVICE, LLC PAGE 3 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 A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING Prior to recording the plat A The plat shall be amended to delineate the following All pages of the plat shall be labeled COZ22-0008 (Department of Planning Services) 2 The plat shall adhere to Section 23-2-50 C and D of the Weld County Code (Department of Planning Services) 3 All recorded easements and rights -of -way shall be shown and dimensioned on the Change of Zone plat by book and page or reception number (Department of Planning Services) 4 This portion of County Road 18 is under the jurisdiction of the Town of Keenesburg Please contact the municipality to verify the right-of-way Show and label the right-of-way Show the approved access(es) on the site plan and label with the approved access permit number if applicable (Development Review) 5 Show and label the access point and the permitting information from the Town of Keenesburg (Development Review) 2 The following notes shall be delineated on the Change of Zone plat 1 Change of Zone, COZ22-0008, allows for C-3 (Business Commercial) 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 Water service may be obtained from an appropriately permitted well (Department of Public Health and Environment) 4 The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be by an on -site wastewater treatment system 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) 5 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) 6 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) 7 Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Development Review) 8 The historical flow patterns and runoff amounts will be maintained on the site (Development Review) RESOLUTION COZ22-0008 JAMM POWER SERVICE, LLC PAGE 4 9 Building permits may be required, for any new construction or set up 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) 10 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) 11 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) 12 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 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, Condition 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 RESOLUTION COZ22-0008 JAMM POWER SERVICE, LLC PAGE 5 7 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 8 The property owner shall be allowed one hundred twenty (120) days from the date the change of zone plat is recorded to submit a Site Plan Review application Motion seconded by Michael Palizzi VOTE For Passage Against Passage Absent Elijah Hatch Skip Holland Sam Gluck Butch White Pamela Edens Michael Wades Michael Palizzi Shana Morgan 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 November 1, 2022 Dated the 1st of November, 2022 Kristine Ranslem Secretary EXHIBIT SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 1, 2022 Co z a'a. - 0,308 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 12:30 pm. Roll Call. Present Skip Holland, Butch White. Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan. Absent: Elijah Hatch, Sam Gluck. Also Present: Chris Gathman, Maxwell Nader, and Jim Flesher, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Karin McDougal, County Attorney. and Kris Ranslem, Secretary. CASE NUMBER. COZ22-0008 APPLICANT: MEADOW RIDGE HOLDINGS. LLC/JAMM POWER SERVICE, LLC PLANNER MAXWELL NADER REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RECX16-0018: PART W2SE4 SECTION 19. T2N. R64W OF THE 6TH P M.. WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 18: APPROXIMATELY 0.50 MILES EAST OF CR 49 Karin McDougal, County Attorney, read the case into the record. She noted that the property has been sold to Jamm Power Service, LLC. Maxwell Nader. Planning Services, presented Case COZ22-0008, reading the recommendation and comments into the record. Mr. Nader noted that one (1) letter was received outlining concerns related to noise, dust, traffic, crime and general use of the property. He added that their concerns continued with the impact to their agricultural way of life due to the intent of the C-3 Zone District. An additional letter was received from a surrounding property owner opposed to this application regarding concerns similar to the concerns in the first letter with the exception of the confusion related to the individual's driveway being mistaken for the business as well as water concerns. Mr. Nader commented that the applicant was just notified of these letters so they have not had the opportunity to address these concerns with the neighbors. The Department of Planning Services recommends approval of this application along with conditions of approval. Commissioner Wailes asked if this was noticed correctly with the change of ownership. Ms. McDougal stated that because it was noticed on the land she believes it is in compliance with the notice requirement. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Eric Wernsman. Wernsman Engineering and Land Development, 16493 Essex Road. Platteville, Colorado. stated that this site is in the opportunity zone for Weld County where they are encouraged to go for rezoning projects such as this. The site is also located in the Keenesburg long term plan as a commercial area and added that it does have a well permit for commercial use. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Ross McAdow, 24471 CR 18, Keenesburg. Colorado, stated that his property is immediately northwest of the proposed site Mr. McAdow referred to the previous case USR22-0020 and said that it was interesting that the applicant had a really definitive plan in place with setbacks, landscaping, traffic volumes and environmental impact. He added that if this change of zone is approved, he would ask that the applicant provide all the same data. Mr. McAdow asked what hazardous materials might be stored on this property and what type of fire suppression would be in place. Mr McAdow stated that they are trying to sell their property as they don't want to live next to a commercially zoned property He noted that more ag land is taken out of production and moved to commercial zoning Mr McAdow asked what type of living landscape mitigation is proposed and asked to consider extending the setbacks around the property for the neighbors sake Scott Dechant, 24485 CR 18, Keenesburg, Colorado, stated that he lives west of the proposed site He expressed concern with the amount of traffic, using his access to turn around in his yard and the impact to the water He added that within one (1) mile of this site they have already had a lot of well issues so he doesn't believe that water is sufficient fora commercial use Mr Dechant asked how Meadow Ridge applied for the application and then it was changed to Jamm Power Service Ellen Swieter, 25027 CR 18, Keenesburg, Colorado stated that she lives one-half mile east of County Road 18 from the proposed site She concurred with the previous comments Ms Swieter said that over the past decade on County Road 18 Weld County has approved Cureton, fireworks, factory, truck driving school, the salt -water injection plant, and the Calpine Power Company across the tracks She added that their way of life has been impacted greatly over the past 10 to 15 years She expressed concern with increase in traffic, truck traffic, traffic visibility when turning, lighting, and any future expansion plans She added that she is concerned that the building was allowed to be built and if this application is denied this gigantic building has already been built Taya McAdow, 24471 CR 18, Keenesburg, Colorado, asked if someone could publicly read the C-3 Zoning so everyone could hear that and then determine if it is actually compatible with the surrounding properties Ms McAdow said that if this property is sold it could become anything in the C-3 Zone District such as a strip mall, etc Bobbie Jackson, 24495 CR 18, noted that all the surrounding properties are ag zoned and added that changing this site to C-3 doesn't make sense She referred to the pictures of the new building that was built on site and stated that there are five or six very large bay doors on one side She asked what the intentions of the property will be Danielle Dechant, 24485 CR 18, Keenesburg, Colorado, stated that they have small children and they are concerned with their safety She said that often times the public get lost and mistake their access for this proposed site and turn around in their yard She expressed concern for their safety, increase of people and what kind of people it will bring Mr Wernsman said that the applicant is well aware that the C-3 zoning has requirements and that they would have to adhere to those requirements He added that they are just going through the change of zone right now and that at the Site Plan Review process they will have requirements for screening, landscaping, lighting, dust control, and all the things that are normal to a commercial site plan Commissioner Edens asked if they could address what the plan is for this property Ms McDougal cautioned the Planning Commission that it is not really relevant in this case and that it is not part of what you should consider for your recommendation to the Board of County Commissioners Josh Praelle, 32495 CR 14, Keenesburg, Colorado, stated that he is requesting the change of zone and added that they run a small electrical contractor and reclamation company Mr Praelle said that he has no plans to develop this into a commercial strip mall but just to have a place for their guys to work out of 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 Ms McDougal stated that the Resolution that was created for this case had the Meadow Ridge Holdings, LLC and asked to make it clear in the motion that it is being changed to recognize the new owner of the property, which is Jamm Power Service, LLC Commissioner Wades asked Staff to explain the process of a change of zone and what the process is for how a development takes place Mr Nader said that in the County there are areas that are identified for potential opportunities for change of zones and this site happens to be located in one of those opportunity zones He added that following the change of zone request, if approved, it goes through a Site Plan Review 2 Process which is very similar to the Use by Special Review process except that it is administratively reviewed Mr Nader said that staff reviews all of the site issues such as screening, buffering, landscaping, etc and the use of the land will be called out If a new use comes into play, then the owner would need to amend the Site Plan Review Permit and go through the process again Mr Nader noted that there is not a notification process involved with Site Plan Reviews, however, they advise the applicant on these issues to ensure that proper landscaping, screening and buffering is in place to mitigate potential impacts Commissioner Holland said it is helpful for the public to understand the process that was used to set this new planning concept Mr Nader said that the general goal of the Comprehensive Plan was the shift from the site specific developments under the USR process in the agricultural zone district He added that due to recent code changes a lot of the commercial uses were eliminated as it makes more sense to have them located within a commercial or industrial zoned property At the same time, the opportunity zone component was introduced to the Comprehensive Plan to ensure that these developments are being pushed into proper areas He added that some of those areas are still agricultural in nature but for the sake of the future of the county these are areas that are identified to drive commercial and industrial development because the County does not want them popping up all over the place in areas that do not have proper transportation and facilities Commissioner Edens said that she has been told that when you change to a commercial well there is no outside watering and asked if that is factual Ms Light said that it depends on the individual well permit and it will list that on the permit itself Mr Nader said that the applicant does have a permitted commercial well for this site Ms Edens said that when we are talking about using trees to screen if you can't water with your well they need to be aware of that Mr Nader said that there are other options for screening such as berming and fencing Motion Forward Case COZ22-0008 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 = 6) Yes Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland 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