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HomeMy WebLinkAbout20223485.tiffBEFORE THE WELD COUNTY; COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONER Moved by Shana Morgan, 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: COZ22-0010 KENNARD AND VICKI KNUDSON CHRIS GATHMAN CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C- 3 (BUSINESS COMMERCIAL) ZONE DISTRICT. LOT A REC EXEMPT RECX16-0028; BEING PART OF THE SE4 SECTION 33, T1 N. R67W OF THE 6TH P M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO CR 2; WEST OF AND ADJACENT TO CR 19. 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. Sec. 22-2-30. - Land Use Goals and Objectives. B. Locate urban development in urban areas. 1. 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 % mile from the municipal limits of the nearest municipality. The nearest municipal limits are approximately 1 -mile from the property. The City of Thornton is one-half mile south of County Road 2 in Adams County 2. Urban -scale development shall only be placed where urban services, including public water, are available. The property is proposed to be served by Todd Creek Metropolitan District for water. C. Harmonize development with surrounding land uses. 1. Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts. Future commercial uses will have to be approved through a Site Plan Review or Use by Special Review process. Site Plan Review and Use by Special Review applications are sent to referral agencies and surrounding property owner for comments. These future uses are subject to the bulk standards of the C-3 (Business Commercial) Zone District which requires outdoor storage to be screened from public rights -of - way and all adjacent properties. Based on the existing uses in the vicinity, a Change of Zone to C-3 (Business Commercial) is compatible with the surrounding land uses. Sec. 22-2-40. - Economic Development Goals and Objectives. A. Support compatible economic development opportunities. 1. Identify target areas where the County is able to encourage shovel -ready commercial and industrial development. The property is located within a Weld County Opportunity Zone. Commercial and Industrial Zoning are preferred in these locations 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 property is located adjacent to a property containing an outbuilding being used for personal storage and an office. A residence and outbuilding are located on a property located to the north/northeast of the site. An RV and Boat Storage facility (approved under USR12-0022) and a self -storage facility (approved under USR17-0067) are located to the east of the property (on the east side of County Road 19). The property is not located within a Coordinated Planning Area boundary. Adams County, in their referral response dated August 19, 2022, commented that residential development is anticipated on the Adams County side of 168th Avenue. Adams County supports low -intensity, neighborhood -serving commercial uses in this area. 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. Public Water (the applicant has provided a conditional will serve letter from Todd Creek Village Metropolitan District) and individual septic systems are proposed. 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. County Road 19 is found to be adequate in functional classification, width and structural capacity to meet the traffic requirements of the proposed zone. County Road 19 is a paved two-lane road. The property is bounded on the south by County Road 2. While the County does have right-of-way in this area, it is not maintained by the County. This segment of County Road 2 is under the jurisdiction of Adams County. 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 Districts. This property is not located within any overlay district officially adopted by the County, including Special Flood Hazard Area, Geologic Hazard Overlay District, A -P (Airport) Overlay District, 1-25 Overlay District, MS4 - Municipal Separate Storm Sewer System 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 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. Earth Engineering Consultants, LLC, in their Geological Hazards and Mineral Extraction Report. dated July 12, 2022, indicates that the site may be located within the Denver Coal Region and may contain bituminous and subbituminous coal. However, the coal may be under approximately 150 to 2,000 feet of overburden materials The report also states that no significant sand and gravel deposits are expected on this property 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 Earth Engineering Consultants, LLC, in their Preliminary Geotechnical Report prepared June 27, 2022, states that the site was underlain by lean clay with sand that extends to depths approximately 9 to 13 feet below ground level extending to claystone with imbedded sandstone The report states that site preparation and design of improvements should include measures to mitigate the potential site improvements due to the expansion of soils The report included preliminary recommendations/measures regarding shallow foundations, deep foundations and below grade areas 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 (Agncultural) Zone Distnct to C-3 (Business Commerc►al) Zone Distnct is conditional upon the following 1 Prior to recording the plat A The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel (Department of Planning Services) B The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gasactivities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators The plat shall be amended to include any possible future drilling sites and/or setbacks (Department of Planning Services) C The applicant shall acknowledge the comments from the Weld County Oi118, Gas Energy Department (OGED) as stated in their referral dated August 30, 2022 'Written evidence of such shall be provided to the Department of Planning Services (OGED) D The plat shall be amended to delineate the following 1 All pages of the plat shall be labeled COZ22-0010 (Department of Planning Services) 2 The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning Services) 3 All recorded easements shall be shown and dimensioned on the Change of Zone plat (Department of Planning Services) 4 All approved accesses shall be delineated on the plat (Department of Planning Services) 5 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 140 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) n 6 This portion of County Road 2 is under the jurisdiction of Adams County Please contact the County to verify the nght-of-way Show and label the right-of-way (Development Review) 7 Show and label the existing permitted access point onto County Road 19 and the usage type (Development Review) 8 Show and label a sixty (60) -ft access and utility easement (Rec No 3985122) to provide legal access to the parcel on the plat (Development Review) 2 The following notes shall be delineated on the Change of Zone plat A The Change of Zone allows for C-3 (Business Commercial) uses which shall comply with the requirements as set forth in' Chapter 23, Article Ill, Division 3 of the Weld County Code (Department of Planning Services) 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 or Use by ,Special Review (Department of Planning Services) D Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) E Water service may be obtained from Todd Creek Metropolitan District (Department of Public Health and Environment) F 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) G 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) H 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) I 'Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Development Review) J 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) K Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way (Development Review) L 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) M The historical flow patterns and runoff amounts will be maintained on the site (Development Review) N Building permits shall be obtained prior to the construction of any new budding 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 , 1 O Building permits shall be required f o r 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, have 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 A plan review shall be approved,' and a permit must be issued prior to the start of construction P Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program, the County Facility Fee, and Drainage Impact Fee Programs Q Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shell 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 _ 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 Jhe 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, 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 p lat 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 Appendix 5-J of the Weld County _Code, should the 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 Motion seconded by Michael Palizzi VOTE For Passage Against Passage Absent Elijah Hatch Skip Holland Sam Gluck Butch White Pamela Edens Michael Wailes 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 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 1, 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 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: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: COZ22-0010 KENNARD AND VICKI KNUDSON CHRIS GATHMAN CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT. LOT A REC EXEMPT RECX16-0028; BEING PART OF THE SE4 SECTION 33, T1 N, R67W OF THE 6TH P.M., LD COUNTY, COLORADO. NORTH OF AND ADJACENT TO CR 2; WEST OF AND ADJACENT TO CR 19. Chris Gathman. Planning Services, presented Case COZ22-0010, reading the recommendation and comments into the record. Mr. Gathman noted that one letter and one email were received in support of this application. He added that one email and one letter were received in opposition to this application outlining concerns that this property is too far away from the nearest highway, concerns that this will open up the opportunity for additional commercial zoning in the area, traffic impacts, devaluing homes in the community, and the uncertainty of what the end use would be on the property. The Department of Planning Services recommends approval of this application along with conditions of approval. Commissioner Holland asked if there is a major wastewater facility directly to the east. Mr. Gathman noted that facility is located two to three miles from this site. Mr. Holland said that on the Adams County side there are quite a few large lot developments and asked about the compatibility of C-3 zoning with that residential development. He added that it seems to be compatible. Mr. Gathman said that Adams County did comment as C-3 has a broad array of uses. Mr. Gathman read the referral from Adams County into the record. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Commissioner Wailes asked what the facility is to the north of the site. Mr. Gathman said it was permitted as a personal use storage building. He added that there isn't a residence on that site. Kennard Knudson, 14971 Vine Street, Thornton, Colorado, stated that he bought 80 acres in 1999 and built their home in 2003 and stayed there until 2013. In 2013, the Morelli's purchased the property and are operating a horse facility now. The Morelli's also purchased 33 acres behind the 80 acres to protect their views and for the expansion of their horse facility. Mr. Knudson said that he sold 10 acres to Steve Knel and all he owns now is 20 acres on County Road 2. He said because of a large oil and gas operation just to the south of this site and industrial and commercial development east of this site they just don't think it would make sense to do a custom home on that site. Mr. Knudson feels that the best use for this land would be commercial so when it was placed in an opportunity zone in 2020 they thought they would pursue the commercial zoning. He added that they have spoken to all four of their neighbors. Robert Demaree, 150 Main Street, Longmont, Colorado stated that he represents the applicant and added that the surrounding property is conducive for this use. He added that this site is one of the few areas that they looked at that meets the county requirements for the opportunity zone that has public utilities. The Chair asked if there was anyone in the audience who wished to speak for or against this application. 1 Bill Wycoff, 333 CR 17, Brighton, Colorado, stated that there is so much involved here in terms of how the process works He said that he has lived in this area for over 20 years and farmed 70 plus acres and added that at this time is it not an urbanized area and yet it is located in an opportunity ,zone Mr Wycoff noted that the application stated it is located more than one -quarter mile from municipal limits There are agricultural type uses (a horse boarding and training facility) in the surrounding area He added that he was disturbed that there are no solid plans for use of the property He said that from the list of compatible functions in the C-3 zone district he doesn't feel like they will serve the area such as a brew pubs, distribution centers, night clubs, etc Robert Morelli, 305 CR 19, stated that he owns 50 horses and purchased the property from Mr Knudson Mr Morelli stated that he was aware that the RV and Boat storage facility was going in across the street when they purchased the property A few years later, Mr Knudson sold 10 acres to the neighbor south of Mr Morelli and promised the land would be like used and build custom homes Mr Morelli said that once it was sold that didn't happen and there is a big warehouse with home depot ladders, shopping carts, and ' storage containers He talked to Mr Knudson about not wanting to be surrounded by this environment so they purchased additional land to the west from Mr Knudson Mr Morelli doesn't see the compatibility of a broad C-3 zoning change in this area Robert Bidwell, 8602 East 148th Lane, Thornton, Colorado, stated that he lives 1 5 miles south of the proposed site He said that he bought the property from Mr Knudson and they did put up a building after that and permitted a sewer system for a four -bedroom home A residence has not been constructed on the property He spoke to Mr Knudson who had alerted him to this opportunity zone He asked if there was a notice that went out notifying people about this opportunity zone He added that over the last several years there have been several zone changes in the area Michael Dente, 1142 Judson Street, Longmont, Colorado, stated that they believe this site is an appropriate candidate for a commercial rezone because it is located on the arterial intersection of County Roads 2 and 19 and it is located within Weld County's opportunity zone He added that it has access to public utilities and it is conducive with the surrounding land uses The Chair asked Mr Knudson if they have read through the Conditions of Approval and if they are in agreement with those Mr Knudson replied that they are in agreement Commissioner Holland asked if the other properties that have been developed in the area were properly considered when the update was made to the Comprehensive Plan Mr Gathman said that the two of the surrounding properties were reviewed in 2012 and 2017 through the Use by Special Review Permit process before the Comprehensive Plan was updated Mr Holland said that he is surprised at the degree of development on the Adams County side and that development is effectively low -density, residential use On the other hand, where this property is located and the proposed zoning is in Weld County's Comprehensive Plan it makes a great deal of sense to him because of the roads that are there He added that it seems the zoning makes sense but it also seems to be in conflict with the impressive residential applications in that area He added that it is a confusing area He asked Staff if they carefully considered the confusion and complexity of that area as they made this recommendation Mr Gathman replied yes Motion Forward Case COZ22-0010 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Shana Morgan, 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 Meeting adjourned at 2 36 p m Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip �y4gS R. /, Aer/ £06 q (7Co7`f 0aeio4r VC /cee1,eo IC 3 Ln;we Lchanr zy X85 Cr k�ciJ≤'hww„ibis/ _ 1ve 3 A1_5. 5 1:)ol'911r- ( A 9 e 4-eenec qc CaO4og 3 134/v9e ullyeaLtic._ Ault ta al II c CR19 CoovieS\D Cri R0O43 Just Li 12741-15'5 &iact� 1--I y 9 CC \g Ccvjsbnhjc eri `Z 113 nel 'Li ---q az_ ici K40 nr zv cc -t_-lliv. 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