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Home My WebLink About20222906.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION Moved by Skip Holland, 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: COZ22-0009 FUSARO, LLC DIANA AUNGST CHANGE OF ZONE FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT. LOT B OF RE -85: BEING PART OF THE N2SE4 SECTION 2, Ti N, R67W OF THE 6TH P M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO HWY 52, WEST OF AND ADJACENT TO CR 23. 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 22-4-10.A.1. the Comprehensive Plan Map section, refers to one of the two main components for siting preference of rezonings and subdivisions. Specifically, that areas of opportunity for commercial and industrial development are logically developed based on transportation infrastructure of roads and railroads. A dependable transportation corridor allows businesses to receive and transport goods in an efficient manner which allows companies to lower transportation costs and increase productivity and profits. The site is adjacent to State Highway 52 which is a dependable transportation corridor and by rezoning the property to C-3 (Business Commercial), a larger variety of anticipated future uses may benefit from the nearby Highway. Section 22-4-10.8.1. being the Weld County Opportunity Zone criteria, states that zone changes to commercial and industrial are preferred in select areas of the County. Specifically. within one-half mile of US highways. This property is located within the one-half mile buffer surrounding State Highway 52, therefore, is classified as being located within a Weld County Opportunity Zone. As such, the Comprehensive Plan supports a zone change in this area. B. 23-2-30.A.2. — The uses which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses. The surrounding land uses are a mix of agricultural, oil and gas, rural residential, and commercial and industrial uses. The majority of the adjacent surrounding properties are zoned A (Agricultural) with one property zoned C-3 (Business Commercial) and this property is owned by Elevated Excavating (the buyer of the subject property). The Use by Special Review permits within one (1) mile of the site include, USR19-0034 for semi - truck parking, USR-671 for farm equipment repair located east of the site. USR-695 and AMUSR-1259 for mining operations are located east and southeast of the site. USR-1608 and MUSR14-0020 for concrete batch plants are located southeast of the site. USR-401 for oil tanks and trucking facility is located northwest of the site and 1 MUSR18-89-870 for an agricultural service establishment is located northeast of the site. There is one (1) Site Plan Review just east of the site, SPR12-0005. This site is owned by Elevated Excavating (the buyer of the subject property). RESOLUTION COZ22-0009 FUSARO, LLC PAGE 2 The City of Fort Lupton has annexed and zoned about ninety-six (96) acres north of and adjacent to State Highway 52 (north of the site) The City zoning districts include about thirty (30) acres of AG (Agricultural), 1 17 acres of C-2 (Heavy Commercial) and 65 acres of PUD (Planned Unit Development) The PUD includes C-1 (General Commercial), C-2 (Heavy Commercial), R -O (Residential and Office), and AG (Agricultural) This City of Fort Lupton PUD was previously permitted by Weld County as a construction office and shop via USR-1375 ' The Department of Planning Services sent notice to fourteen (14) surrounding property owners within 500 -feet of the subject parcel One letter was received on September 26, 2022, stating that the land should remain agricultural The letter also states that they do not agree with the Change of Zone and they do not know what kind of business will be established on the site The site is located within the three (3) mile referral area for the ewes of Fort Lupton and Dacono and the Town of Frederick The City of Dacono's and the Town of Frederick's referral agency comments dated July 20, 2022, and July 21, 2022, respectively indicated no concerns The City of Fort,Lupton did not return referral agency comments The subject site is located within the City of Fort Lupton's Coordinated Planning Agreement (CPA) boundary As part of the pre -application process the City was sent a Notice of Inquiry (NOI) The City returned the NOI form dated June 6, 2022, that stated, "The City is interested in annexation of the property, however, the property owner's representatives have indicated that the property owner is not interested in annexation at this time but would look at annexation in the future The City will review any referral provided concerning this property for land use application submitted to Weld County for review and provide comments at that time " This area is designated as "Commercial Transition" and "Agriculture and Rural Residential" on the City of Fort Lupton's Future Land Use Map adopted May of 2018 The "Commercial Transition" designation identifies potential growth areas for commercial development outside the municipal boundaries or primary commercial districts of Fort Lupton These areas should support gradual, long-term commercial investment outward from the City's urban core, including incremental transitioning 9f 'agricultural uses to commercial development The "Agriculture & Rural Residential" designation allows for agricultural and related uses as well as low density residential on the periphery of the planning area, intended to preserve a generally rural character This also includes a variety of miscellaneous uses, such as isolated industrial businesses and semi -rural properties located under Estate Zoning Given the availability of viable land for development in more appropriate districts, commercial or residential investment within agricultural areas should be discouraged This will help limit unnecessary loss of agricultural lands and reduce the potential of suburban sprawl 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 The Conditions of Approval and Development Standards applied to both this Change of Zone and any future Site Plan Reviews or Use by Special Review permits will adequately address and mitigate potential impacts Based on the existing uses in the vicinity, a Change of Zone to C-3 (Business Commercial) is compatible with the surrounding land uses C 23-2-30 A 3 — That adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district The COZ application materials included a copy of an approved industrial, irrigation and commercial water well permit #87088-F issued on June 14, 2022 , A new septic system is proposed for the new building RESOLUTION COZ22-0009 FUSARO, LLC PAGE 3 D Section 23-2-30 A 4 - Street or highway facilities providing access to the property are adequate/ in size to meet the requirements of the proposed zone districts The site is south of and adjacent to State Highway 52 which provides opportunities for commercial and industrial uses due to efficient access to a regional transportation corridor The site has an existing access onto State Highway 52 that is shown onithe State Highway 52 Access Control Plan (ACP) as restricted access changing from full access This portion of State Highway 52 has been annexed into the City of Fort Lupton, but the Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways CDOT submitted an email dated, June 14, 2022, that stated that the access will be required to correlate with the access defined by the State Highway 52 Access Control Plan and a traffic impact study completed by a licensed traffic engineer must he submitted to CDOT for review and approval CDOT also stated that any access along State Highway 52 will require a new access permit application This includes traffic increases by 20% or greater at city street and county road intersections along State Highway 52 - Additionally, the site is west of and adjacent to County Road 23, which is classified as a collector road on the Weld County Functional Classification Map There are currently two oil and gas access points onto County Road 23, The most southern one is permitted as AP17-00330 The subject property is identified as 'a portion of Lot B' of RE -85 which was recorded on October 19, 1973, under reception no 1623319 The subject property was divided along the ditch boundary and a portion of Lot B was conveyed to the property owner on the west side of the ditch This was an illegal division of land and in order to create a legal lot the applicant is ' required to vacate Lot B of RE -85 This vacation request is a Condition of Approval i 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 Distncts Comphance maybe demonstrated in a previous public hearing or in the heanng concerning the rezoning application The proposed Change'of Zone (COZ) site is not within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, Municipal Separate Storm Sewer System area (MS4), Special Flood Hazard 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 The Geologic Hazards and Mineral Extraction Report from Earth Engineering Consultants, LLC , dated June 30, 2022, subritted in the application materials, indicates that no significant sand and gravel deposits are expected on the subject 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 apphcant's successors or assigns prior to the development of the property RESOLUTION COZ22-0009 FUSARO, LLC PAGE 4 The Natural Resources Conservation Services (NRCS) Soil Survey, dated May 5, 2022, submitted with the application, indicates that the property contains low slope (1-3%) Olney fine sandy loam soils and that this type of soil does not limit the construction of dwellings or small commercial buildings This soil type is classified as ""Prime Farmland if Irrigated (Soils Erodibility)" and is considered well -drained soil ) This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request; and responses from referral entities THE CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (COMMERCIAL BUSINESS) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING Prior to recording the plat A The applicant shall submit a letter requesting vacation of -Recorded Exemption of RE -85 (Department of Planning Services) B The applicant shall submit a complete Site Plan Review (SPR) application and related fee within thirty (30) days of the COZ22-0009 being approved by the Board of County Commissioners (Department of Planning Services) C The applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT) (Department of Planning Services) D The applicant shall address the requirements of the Colorado Department of Transportation (CDOT) as stated in an email dated June 14, 2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) E The applicant shall acknowledge the referral comments from the Fort Lupton Fire Protection District, dated August 12, 2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) F The applicant shall acknowledge the referral comments from The New Brantner Extension Ditch Company, dated August 1, 2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) G The applicant shall acknowledge the referral comments from United Power, Inc , dated August 12, 2022 Evidence of such shall be submitted in writing, to the Weld County Department of Planning Services (Department of Planning Services) H The applicant shall acknowledge the referral comments from the Weld County Oil and Gas Energy Department, as stated in the referral response dated August 22, 2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) The Change of Zone plat shall delineate the following 1 All sheets of the plat shall be labeled COZ22-0009 (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 delineated on the plat by book and page number or reception number (Department of Planning Services) RESOLUTION COZ22-0009 FUSARO, LLC PAGE 5 4 County Road 23 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 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) 5 Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the documents creating the right-of-way (Development Review) 6 Show the approved Colorado Department of Transportation (CDOT) access point on the plat and label with the approved access permit number if applicable (Development Review) 7 Show and label the access points onto CR 23 and the usage types Development Review will review access locations as part of the plat submittal (Development Review) 2 The following notes shall be delineated on the Change of Zone plat 1) Change of Zone, COZ22-0009, allows for C-3 (Business Commercial) Zone District uses which shall comply with the requirements set forth in Chapter 23, Article III, Division 3 of the Weld County Code (Department of Planning Services) 2) Any future structures or uses on site may be required to obtain approval through a Site Plan Review or Use by Special Review and the appropriate zoning and building permits (Department of Planning Services) 3) The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code (Department of Planning Services) 4) The property owner or operator shall be responsible -for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 5) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Development Review) 6) 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) 7) 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) 8) The historical flow patterns and runoff'amounts will be maintained on the site (Development Review) 9) Water service may be obtained from an appropriately permitted well (Department of Public Health and Environment) RESOLUTIONCOZ22-0009 FUSARO, LLC PAGE 6 10) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be by an on -site wastewater-t)eatment 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) L 11) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed (Department of Public Health and Environment) 12) Building permits may be required, for any new construction or setup manufactured structure, per Section 29-3-10 of the Weld County Code 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 Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction (Department of Building Inspection) 13) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee Programs (Department of Planning Services) 14) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations (Department of Planning Services) 15) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 3 Upon completion of Conditions of Approval 1 And 2 above, the applicant shall submit one (1) electronic copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff The plat shall be prepared in accordance with the requirements of Section 23-2-50 C and D of the Weld County Code The Mylar plat and additional requirements shall be submitted within one - hundred -twenty (120) days from the date of the Board of County Commissioners resolution The applicant shall be responsible for paying the, recording fee RESOLUTION COZ22-0009 FUSARO, LLC PAGE 7 ' 4 If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat The Board of County Commissioners may extend the date for recording the plat If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ 5 In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period 6 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners However, no building permit shall be issued, and no use shall commence on the property until the plat is recorded Motion seconded by Shana Morgan VOTE For Passage i Elijah Hatch Skip Holland Sam Gluck Michael Wades, Michael Palizzi Shana Morgan Against Passage Absent r Butch White Pamela Edens 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, Michelle Wall, 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 October 4, 2022 Dated the 4'h day of October, 2022 -Irkcsweet. ua—e- Michelle Wall Secretary SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 4, 2022 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Elijah Hatch, at 12:34 pm. Roll Call Present: Elijah Hatch, Skip Holland, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan. Absent: Butch White. Pamela Edens. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, and Maxwell Nader, Department of Planning Services; Lauren Light, Department of Health; Karin McDougal. County Attorney, and Michelle Wall, Secretary. Motion: Approve the September 6, 2022, Weld County Planning Commission minutes, Moved by Skip Holland, Seconded by Sam Gluck. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: COZ22-0009 FUSARO. LLC DIANA AUNGST CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT. LOT B OF RE -85; BEING PART OF THE N2SE4 SECTION 2. Ti N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO HWY 52; WEST OF AND ADJACENT TO CR 23. Diana Aungst, Planning Services, presented Case COZ22-0009, reading the recommendation and comments into the record. Staff sent notices to 14 surrounding property owners within 500 feet of the subject parcel. One letter was received on September 26 2022, stating that the land should remain agricultural. The letter also states that they do not agree with the Change of Zone, and they do not know what kind of business will be established on the site. There is an active code violation (ZCV22-00023) on the property due to the storage of multiple semi -trailers and cargo containers without first obtaining the appropriate land use permits. This case has been forwarded to the County Attorney's office. If this land use request is approved and the applicant completes all requirements, the violation will be closed. 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, on -site dust control, and the Waste Handling Plan. Ken Mitchell; 1021 Nightingale Drive, Fort Collins, Colorado. Mr. Mitchell stated that he represents Donald Fetters, the owner of Fusaro, LLC. At the time Mr. Fetters purchased the property, the water rights were severed with the land with no guarantee that water can be leased from the ditch which makes the property dryland. He said that Mr. Fetters apologizes for the violation of parking semi -trailers and cargo containers on the property. Mr. Mitchell said they are willing to pay the fines or they can move the equipment if needed. They were unaware of Weld County's codes. Mr. Mitchell said the property is located along State Highway 52 which makes this a prime location for this request. 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 Development Standards and Conditions of Approval'and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case COZ22-0009 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Sam Gluck, Seconded by Shana Morgan Vote Motion carried by unanimous roll call vote (summary Yes = 6) Yes Elijah Hatch, Michael Palau, Michael Wailes, Sam Gluck, Shana Morgan, Skip Holland The Chair asked the public if there were other items of business that they would like to discuss No one wished to speak The Chair asked the Planning Commission members if there was any new business to discuss No one wished to speak Meeting adjourned at 4 02 pm Respectfully submitted, _ Michelle Wall Secretary r PLANNING COMMISSION ATTENDANCE RECORD Date NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 S Nowhere Street, City, State, Zip cr 1 ( 70 I u Ui .S I -v -e c f " fisieticptvvi CO 0O'Zi m c! ni ck . 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