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Home My WebLink About20220729.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION 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: APPLICANT: PLANNER. REQUEST: LEGAL DESCRIPTION: LOCATION: COZ22-0001 ROBERT AND SHARON BAUMGARTNER ANGELA SNYDER CHANGE OF ZONE FROM THE A (AGRICULTURAL) AND THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICTS TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT. PART OF THE N2NE4NW4 OF SECTION 31, T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO VACATED CR 4 RIGHT-OF-WAY; APPROXIMATELY 510 -FEET WEST OF U.S. HIGHWAY 85. 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. All necessary application materials were found to be complete on January 13, 2022 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 22-2-30.B. Locate urban development in urban areas. The property is adjacent to the U.S. Highway 85 corridor and is in a Weld County Opportunity Zone. Section 22-2-30. C. Harmonize development with surrounding land uses. The area between Fort Lupton and Brighton along U.S. Highway 85 is densely populated with industrial uses. The property has been used industrially since 2002, when Site Plan Review SPR-320 was approved. Section 22-2-40.A. Support compatible economic development opportunities. The site is located within a Weld County Opportunity Zone on the Comprehensive Plan Map and is surrounded by industrial uses, including other trucking, mineral resource facilities and a salvage yard. Section 22-2-50.A.2., "Encourage development to locate outside of flood -prone areas to reduce the loss of life and property." and Section 22-2-60.A.1., "Wetlands and critical or unique habitat areas... should be identified in application materials as potential limiting site factors." The industrial use of the property should occur in areas outside the floodway. Within the floodplain, development can occur with a flood hazard development permit in accordance with the Weld County Floodplain Ordinance, Chapter 23, Article Xl. A No -Rise certificate is required for development in any areas encumbered by the floodway. Outside storage of floatable materials is not allowed in the floodplain and will need to be removed prior to recording the plat. 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. Surrounding land is being used industrially. Notice was sent to twelve (12) surrounding properties and no responses were received. The property is adjacent to the South Platte River, which has been RESOLUTION COZ22-0001 ROBERT AND SHARON BAUMGARTNER PAGE 2 adequately incorporated into the site as a protected area The Conditions of Approval and Development Standards applied to the existing Use by Special Review permit, this Change of Zone and any future Site Plan Reviews will adequately address and mitigate potential impacts Due to the proximity of other industrial operations in the vicinity, a Change of Zone to 1-3 (Heavy Industrial) 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 i the uses permitted within the proposed zone district The property uses an industrial well, permit #59948-F and utilizes onsite wastewater treatment, permit #SP -0000059, for sewage disposal, which is acceptable in the 1-3 Zone District The Division of Water Resources, in the January 19, 2022, referral, indicated no concerns with the Change of Zone or the subsequent site plan amendment 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 Staff has reviewed the Weld County Functional Classification Map (Code Appendix 8-Q) to determine the classification of the street or highway facilities providing access to the site Staff has determined that US Highway 85 is adequate in functional classification, width and structural capacity to meet the potential traffic requirements of Heavy Industrial The property accesses U S Highway 85 via an easement which follows vacated County Road 4 right-of-way That portion of County Road 4 right-of- way between U S Highway 85 and the South Platte River was vacated on May 4, 1988, and recorded on May 10, 1988, reception #2140669 However, the applicant has a nonexclusive license agreement with the County, signed April 17, 2000, recorded May 8, 2000, reception #2765744, for this same stretch of County Road 4 for the upgrade and maintenance of "Weld County Right -of -Way " Terms in the agreement indicate that the road must be open to the public An Improvements Agreement for private road maintenance was recorded on August 11, 2000, reception #2786672, in conjunction with the original site plan review, SPR-320, recorded August 2, 2000, reception #2784347 Therefore, staff finds that the property has adequate access to public right-of-way The Weld County Development Review referral, dated January 14, 2022, included advisory information about the US 85 Access Control Plan The Colorado Department of Transportation did not return a referral response for the Change of Zone but did respond to the amended site plan review application with items including an updated traffic study that are being addressed through the Site Plan Review 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 Compliance may be demonstrated in a previous public heanng or in the hearing concerning the rezoning application The Department of Planning Services — Floodplain has included advisory information in the January 18, 2022 referral response A portion of the property is located within the South Platte River floodplain, including a large amount of floodway, which has been adequately accounted for in the current site plan and in the proposed amended site plan The site is not in compliance with the proposed plan and several floatable containers are being stored within the floodway Prior to recording the plat, the site shall be in compliance with Floodplain Management Ordinance, found in Chapter 23, Article Xl of the Weld County Code Enough of the property is located outside the floodplain to support the change of zone request, however, the river corridor will need to be protected as the site is developed The site is not located within the following overlay districts officially adopted by the County Geologic Hazard, Agricultural Heritage, Historic Townsite, MS4, or Airport RESOLUTION COZ22-0001 ROBERT AND SHARON BAUMGARTNER PAGE 3 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 Subsurface Investigation Report, dated December 14, 2021, submitted with the application indicates that no economically viable commercial mineral deposit is present. No other potential geologic hazards were identified. The report included advisory comments for development of the vacant areas of the site. 3) Section 23-2-30.A.5.c. - If soil conditions on the site are such that they present moderate or severe limitations to the construction of structures or facilities proposed for the site, that such limitations can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to the development of the property. The Subsurface Investigation Report, dated December 14, 2021, submitted with the application indicates the presence of sandy clay and sandy silt soils with the water table being ten (10) feet below ground. No soil limitation was identified. This recommendation for approval is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. THE CHANGE OF ZONE FROM THE A (AGRICULTURAL) AND THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING: 1— A The two parcels shall be re -combined into one legal lot with the following legal description: THE N2NE4NW4 OF SESTION 21, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6T44 P.M., WELD COUNTY, COLORADO, EXCEPT THE EAST 100 FEET THEREOF CONVEYED BY DEED RECORDED OCTOBER 29, 1981, AT RECEPTION NO. 1873073. 21. Prior to recording the plat: A. All non-agricultural and floatable materials shall be removed from the 100 -year AE and AE-Floodway Special Flood Hazard Areas. The applicant shall schedule a final inspection with the Weld County Floodplain Management Team to confirm compliance. B. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled COZ22-0001. (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 and rights -of -way shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services) 4. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 5. Show and label a recorded 30 -foot minimum access and utility easement documenting legal access for the parcel onto State Highway 85 at the shared access point. (Development Review) RESOLUTION COZ22-0001 ROBERT AND SHARON BAUMGARTNER PAGE 4 Show the approved Colorado Department of Transportation (CDOT) access point on the plat, the easements to reach this point, and label with the approved access permit number, if applicable. (Development Review) 7. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the documents creating the right-of-way. (Development Review) 32. The following notes shall be delineated on the Change of Zone plat: 1) The Change of Zone, COZ22-0001, allows for 1-3 (Heavy Industrial) uses which shall comply with the 1-3 (Heavy Industrial) Zone District requirements as set forth in Chapter 23, Article III Division 4 of the Weld County Code, as amended. (Department of Planning Services) 2) The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Planning Services) 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 4) 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) 5) 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) 6) A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -2115F dated September 17, 2020 (South Platte River Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate.. including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) 7) Outside storage of floatable materials associated with nonagricultural uses shall not be allowed. Materials that are not floatable can be stored outsideprovided that a floodplain development permit is obtained. Floatable materials are defined as any material that is not secured in place that could float offsite during the occurrence of a flood and potentially cause harm to downstream property owners or that could cause blockage of a culvert, bridge or other drainage facility. Floatable materials include, but are not limited to, lumber, vehicles, boats, equipment.. drums or other containers or pieces of material that are likely to float. (Department of Planning Services - Floodplain) 8) Any fencing on the property must allow the flow of floodwaters either through or under the fence. (Department of Planning Services - Floodplain) 9) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) 10) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Development Review) 11) The historical flow patterns and runoff amounts will be maintained on the site. (Development RESOLUTION COZ22-0001 ROBERT AND SHARON BAUMGARTNER PAGE 5 Review) 12) Water service may be obtained from an appropriately permitted well. (Department of Public Health and Environment) 13) The parcel is currently not served by a municipal sanitary sewe- system. Sewage disposal may be 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) 14) 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) 15) 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) 16) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sanc 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 4 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. 65. 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. 76. 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 RESOLUTION COZ22-0001 ROBERT AND SHARON BAUMGARTNER PAGE 6 that conditions supporting the original approval of the COZ cannot be met, the Board may. after a public hearing, revoke the COZ. 87. In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone 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. 98. If a lot has an approved and recorded site specific development plan and the zoning on the lot is changed to a zone district for which the existing use requires a Site Plan Review, the Director of Planning Services may waive the Site Plan Review application requirement, if the following applies: A. The existing use of the property is not changing or expanding beyond what is allowed without a Site Plan Review, as stated in Subsection E above; and B. The approved site specific development plan is in substantial compliance with the requirements of the new zone district, including but not limited to bulk requirements, design standards, and operation standards. Motion seconded by Lonnie Ford. VOTE: For Passage Lonnie Ford Elijah Hatch Skip Holland Sam Gluck Butch White Pamela Edens Michael Wailes Michael Palizzi Against Passage Absent Tom Cope 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 March 1, 2022. Dated the 1St of March, 2022 Kristine Ranslem Secretary EXHIBIT SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, March 1, 2022 � 3 Co7a-a see s 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: Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White. Michael Wailes, Pamela Edens, Michael Palizzi. Absent: Tom Cope. Also Present: Michael Hall and Angela Snyder, Department of Planning Services; Melissa King, Development Review, Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: COZ22-0001 APPLICANT: ROBERT AND SHARON BAUMGARTNER PLANNER: ANGELA SNYDER REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) AND THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICTS TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT. LEGAL DESCRIPTION: PART OF THE N2NE4NW4 OF SECTION 31, TIN, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO VACATED CR 4 RIGHT-OF-WAY; APPROXIMATELY 510 -FEET WEST OF U.S. HIGHWAY 85. Angela Snyder, Planning Services, presented Case COZ22-0001, reading the recommendation and comments into the record. Ms. Snyder requested that Condition of Approval 1.A be removed as the applicant has met this condition. Additionally, she added that there are currently several commercial vehicles parked within the floodplain; therefore, a condition of approval has been included that this part of the property would be brought into compliance with the floodplain regulations. The Department of Planning Services recommends approval of this application along with conditions of approval. Commissioner Holland asked if there is drainage through this property. Ms. Snyder said it drains to the South Platte River, which is also on the property. Mr. Holland is concerned with potential pollution coming from the property to the South Platte River. Melissa King, Development Review, said that this property is located in an MS4 area which would require water quality. She added that there are currently water quality ponds on site. however, they will need to be upgraded as they go through the Site Plan Review process. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Craig Baumgartner, 581 South 16th Avenue, Brighton, Colorado, stated it is a family business and they are looking to expand by adding a second building. Lynette Baumgartner, 845 South 9th Avenue, Brighton, Colorado, stated that the pond on site was intentionally built that way so it wouldn't run off into the river. Commissioner Holland asked if the pond has a spillway overflow. Mr. Baumgartner said that it does not and added that it goes to the surface and then in the event it would fill up it could possibly make the 350 feet distance to the river. Mr. Holland asked if there have been any spills out of that pond. Mr. Baumgartner replied no and added that even in the heaviest rains that pond may raise two to three feet from the bottom. Commissioner Holland asked what the land use on this property is. Mr. Baumgartner said that anything outside of the building is storage of parked trailers and rental equipment. Ms. Snyder said that currently they are not supposed to have anything in the floodway. Ms. Baumgartner stated that they are in the process of moving all that stuff off of the property and added that they are planning to build a new building for warehouse and storage. 1 The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak The Chair referred to Staffs request for removal of Conditional of Approval 1 A Ms Snyder stated that Staff is requesting the removal of Condition of 1 A as the parcels have been combined Motion Delete Condition of Approval 1 A, Moved by Skip Holland, Seconded by Sam Gluck Motion passed unanimously The Chair asked the applicant if they have read through the amended Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case COZ22-0001 to the Board of County Commissioners along with the amended Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Lonnie Ford Vote Motion carried by unanimous roll call vote (summary Yes = 8) Yes Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Michael Wades, Pamela Edens, Sam Gluck, Skip Holland Meeting adjourned at 1 32 pm Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS r EMAIL John Doe 123 Nowhere Street, City, State, Zip -.),It\ r �7 i . 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