HomeMy WebLinkAbout20220103.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION I
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS
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: COZ21-0007
APPLICANT: GARY LEE
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-
3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 2 OF THE UNION COLONY SUBDIVISION; BEING PART NE4SW4 SECTION
9, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO EAST 16TH STREET; APPROXIMATELY 330
FEET WEST OF BALSAM 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.
All necessary application materials were found to be complete on October 12, 2021.
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.
North Weld County Water District currently serves the subject property with public water. Should
future development of the site require sanitary sewer, service could be made available from the City
of Greeley and would require annexation, according to the October 13, 2021 referral. Urban use of
this property is acceptable because it is located in an urban area.
Section 22-2-30. C. Harmonize development with surrounding land uses.
The applicant owns two adjacent lots to the west which are zoned 1-3 (Heavy Industrial) and being
used industrially. Further west is a commercial/industrial business park annexed into the City of
Greeley. Land to the northwest is zoned industrially in both city and county. Directly north is
residential property. The property directly south is zoned C-3 (Business Commercial). The property to
the east remains zoned A (Agricultural) but a USR15-0009 for a trucking company is adjacent.
Industrial use of this property is in harmony with the majority of surrounding land uses.
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 in
an industrial area, thus encouraging the agglomeration of synergistic businesses.
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 commercially. Notice was sent to twenty-four (24) surrounding
properties and no responses were received.
The City of Greeley referral dated October 29 contained only advisory comments for future
development and no concerns with the present request. The Greeley Land Use Guidance Map
(2017) designates the area for Mixed Use High Intensity land uses. The Town of Garden City
expressed no concerns in the October 19, 2021 referral. The Greeley Fire Department also
expressed no concerns in the October 12, 2021 referral.
Future industrial 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 for
RESOLUTION COZ21-0007
GARY LEE
PAGE 2
comments The Conditions of Approval and Development Standards applied to both 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
the uses permitted within the proposed zone district
The site is currently served domestic water from North Weld County Water District via account
#2176002 The site uses onsite wastewater treatment for sewage disposal, permit #GI 9920283 No
concerns regarding water or sewer service were expressed by the Department of Public Health and
Environment in the October 21, 2021 referral response, the City of Greeley in the October 29, 2021
referral response, or from North Weld County Water District
D Section 23-2-30 A 4 - Street or highway facilities providing access to the property are adequate in
size to meet the requirements of the proposed zone districts
Section 23-3-330 of the Weld County Code states, " Properties zoned 1-3 should be located near
transportation infrastructure such as highways, railroads, or airports " East 16th Street is designated
on the 2011 Greeley Transportation Plan as a minor arterial and a local road on the Weld County
Functional Classification Map (2020) The Weld County Development Review referral dated October
13, 2021 indicated that the county road providing access to the property is adequate in functional
classification, width and structural capacity for the estimated traffic Should the traffic increase, the
City of Greeley, in the October 13, 2021 referral, requests to review any traffic studies and discuss
future impacts to the transportation system The City also asked to review any future drainage report
showing storm drainage to be discharged into Greeley's stormwater infrastructure system
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 hearing or in the hearing concerning the rezoning application
The site is located within the A -P (Airport) Overlay District Development of the site will be
required to comply with applicable requirements in Chapter 23, Article V, Division 1 of the Weld
County Code Future development applications will be sent to the airport for review The site is
not located within the following overlay districts officially adopted by the County geologic,
historic, Multiple Separate Storm Sewer System (MS4), or floodplain
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 Geotech Report, dated September 8, 2021, submitted with the application indicates that
sand and gravel deposits may be located at least ten (10) feet under the surface, but are not
economically viable The site is not located within an area recognized as having economically
recoverable sand and gravel or other metallic resources No other potential geologic hazards
were identified
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 pnor to the development of the property
RESOLUTION COZ21-0007
GARY LEE
PAGE 3
The Geotech Report, dated September 8, 2021, submitted with the application also considered
soils, which are mostly Otero sandy loam, which has "rapid permeability, slow surface runoff and
low erosion hazard " 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) ZONE DISTRICT TO THE 1-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING
I Prior to recording the plat
A The plat shall be amended to delineate the following
I All pages of the plat shall be labeled COZ21-0007 (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 E 16th 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 or reserved per Weld
County Code 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) _
5 Show and label the existing, proposed access point,and the usage type (Commercial) Final
review of the access location is part of the plat submittal (Development Review)
2 The following notes shall be delineated on the Change of Zone plat
1) The Change of Zone, COZ21-0007, 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) Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
3) The manufactured home may be used as living quarters for caretaker or security personnel
responsible for maintaining or guarding the property in accordance with Section 23-3-330 E 1
(Department of Planning Services)
4) Buffering and screening of industrial uses from residential properties may be required through the
permitting process (Department of Planning Services)
5) 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, 2006 International Energy Code,
2017 National Electrical Code, and Chapter 29 of the Weld County Code A plan review shall be
RESOLUTION COZ21-0007
GARY LEE
PAGE 4
approved, and a permit must be issued prior to the start of construction (Department of Building
Inspection)
6) 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)
7) 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)
8) 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)
9) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
10) 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)
11) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
12) Water service may be obtained from North Weld County Water District (Department of Public
Health and Environment)
13) The parcel is currently not served by a municipal sanitary sewer 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) During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created If dust emissions create nuisance conditions, at the request of Weld
County Environmental Health Services, a fugitive dust control plan must be submitted (Department
of Public Health and Environment)
16) If land development exceeds 6 months in duration, the responsible party shall prepare a fugitive
dust control plan, submit an air pollution emissions notice application, and apply for a permit from
the Colorado Department of Public Health and Environment (Department of Public Health and
Environment)
17) 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)
18) 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
RESOLUTION COZ21-0007
GARY LEE
PAGE 5
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
7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required one -hundred -twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50 00 recording continuance charge shall be added for each additional 3 -
month period
Motion seconded by Butch White
VOTE
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Elijah Hatch
Sam Gluck
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
RESOLUTION COZ21-0007
GARY LEE
PAGE 6
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 December 7, 2021
Dated the 7th of December, 2021
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 7, 2021
EXHIBIT
LB
COLA - CD OO1
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,
Tom Cope, at 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael
Palizzi.
Absent: Elijah Hatch, Sam Gluck.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Angela Snyder, and Maxwell Nader, Department
of Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER: COZ21-0007
APPLICANT: GARY LEE
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 2 OF THE UNION COLONY SUBDIVISION; BEING PART NE4SW4
SECTION 9, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO EAST 16TH STREET; APPROXIMATELY 330
FEET WEST OF BALSAM AVENUE.
Angela Snyder, Planning Services, presented Case COZ21-0007, reading the recommendation and
comments into the record. Ms. Snyder stated that notice was sent to 24 surrounding property owners and
noted that no responses were received. The Department of Planning Services recommends approval of
this application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Gary and Cheryl Lee, 580 East 16th Street. Mrs. Lee said that Staff did a good job of presenting their
request and appreciate their consideration in this matter.
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 COZ21-0007 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 Butch White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope.
Meeting adjourned at 3:50 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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ATTENDANCE RECORD
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