The URL can be used to link to this page

Browse Search

Home My WebLink About20220805.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION Moved by Sam Gluck, 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: COZ21-0010 R.H. AMEN FARMS, LLC ANGELA SNYDER CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I- 3 (HEAVY INDUSTRIAL) ZONE DISTRICT. BEING PART OF THE E2 AND PART OF THE NW4 OF SECTION 19, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO SOUTH OF AND ADJACENT TO CR 56; APPROXIMATELY 0.5 MILES EAST OF CR 13. 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 November 10, 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 this Code; if not, then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a Change of Zone. Section 22-2-30.B. - Locate urban development in urban areas. Industrial development naturally follows along the rail lines. Section 22-2-30.C. - Harmonize development with surrounding land uses. Adjacent lots to the north are zoned 1-3 and being used agriculturally and industrially. Residential and floodplains will need adequate buffering as part of the site design. Industrial use of this property can be made to integrate with surrounding land uses and the incompatibilities can be mitigated by with Conditions of Approval, Design Standards, and Operational Standards that will be employed as part of the Site Plan Review. 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. uses. Section 22-2-60.A. — Preserve wetlands and critical habitats. The site includes a portion of the Big Thompson River and the wetlands surrounding it. Site design, such as location of surface disturbance and water quality features. will need to incorporate protection of these vital wetlands. Enough land within the proposal lies outside of this sensitive area to justify industrial use. B. Section 23-2-30.A.2. - That 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 Town of Johnstown, the Town of Loveland, the Town of Milliken and the City of Greeley did not return referral responses. The Town of Windsor submitted a referral response on December 6, 2021, indicating concerns with the following intersections with U.S. Highway 34: increased traffic at County Roads 13 and 17 and safety concerns at unregulated County Road 15. The property is not within the Growth Management Area of the Town of Windsor. RESOLUTION COZ21-0010 R H AMEN FARMS, LLC PAGE 2 The proposal is located within the growth management boundary of the Town of Johnstown The 2020 Johnstown Comprehensive Plan designates the two northern parcels and a part of the southern parcel of the request as areas of low-density/intensity development with an agricultural preservation overall The recommended density is two dwelling units per acre The Plan states the following regarding this designation This agriculture preservation overlay represents areas identified by the United States Department of Agriculture (USDA) as prime for agriculture As a "Right to Farm County', Weld County recognizes the importance of maintaining productive agncultural lands to support the economies of scale required for agncultural operations Johnstown concurs and welcomes the continued production of agncultural products within its Growth Management Area While many acres of Johnstown's prior surrounding agricultural lands have been converted to development, the Town is open to working with the community to preserve and conserve areas of ongoing production and prime agricultural lands Innovative financing and land use tools exist and should be considered to assist those interested in maintaining their agricultural businesses and way of life The southern parcel is also located within the Very Low Density/Intensity, Greenway and Floodplain areas The Greenway and Floodplain areas are located near the Big Thompson River The plan indicates, This designation is pnmanly intended for floodplain areas, as established by the adopted FIRM/FEMA maps and studies These areas are natural areas for flooding —to capture and channel stormwater in large storm events, offer high habitat and ecosystem value, and should be avoided when considering areas for new development or redevelopment to protect life, property, and natural assets These areas offer opportunities for conservation of natural areas and landscapes, as well as low impact recreational trails Greenways may also be located adjacent to irrigation ditches, reservoirs, wetlands, and other ecologically -significant areas The greenway/floodpla►n areas include natural open space, trails, and river access While sections of this land use may be on private land, efforts should be made to increase and maintain public access and to enhance connections for regional recreation and wildlife movement The proposed use of the property does not align with the Johnstown Comprehensive Plan However, the Plan does not incorporate the influence of the two railroads bisecting the area Industrial development can be found all along these railroads as they traverse Northern Colorado and should be expected in this location as well The river corridor will need to be protected as the site is developed The Weld County Comprehensive Plan includes 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 land northwest of this area has been recently rezoned 1-3 Heavy Industrial and is being used industrially Much of the land incorporated into Johnstown directly to the west of County Road 13 is being used for industrial, rail -oriented uses and is zoned "Mixed Use " Typically expansion of industrial uses will follow the rail corridor south Lands to the south of the site are split by two (2) regional rail lines and are a mix of residential, mining, and agricultural uses Surrounding property owners were notified in advance of the hearings Responses will be incorporated into the staff presentation at the hearings One phone call was received from an adjacent property owner expressing concern with unlimited industrial use but was not opposed to the use of the property for recreational vehicle storage One phone call was received from a property owner outside the notification area, but in the vicinity The caller was opposed to the change of zone Screening of industrial uses is required through the Site Plan Review process to all adjacent properties unless the adjacent property is zoned 1-3 This may be accomplished through many ways, RESOLUTION COZ21-0010 R.H. AMEN FARMS, LLC PAGE 3 but usually with berms or fencing. Stormwater detention design is required for most industrial sites. Water quality features are not automatically required for site plans but may be required if certain triggers are met. Within a half -mile of the site there are several residences, two residential neighborhoods, Coyote Ridge and Indian Head, and a wedding/event venue, Rockin' S Ranch. Mitigating nuisance to these surrounding land uses will be addressed in the Site Plan Review process. In addition to the standard nuisance mitigation requirements, such as dust mitigation, water quality measures, noise limitations, and traffic control measures, earthen berms and landscaping will help to separate industrial uses from non -industrial uses. No screening is required between 1-3 properties or from rights -of -way, as is often required when the use is permitted by a USR or in a lower intensity zone. 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 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 multiple rail lines and major transportation networks, the presence of other industrial operations in the vicinity, and the mitigation methods that can be incorporated into the site, a Change of Zone to 1-3 (Heavy Industrial) is compatible with the surrounding land uses. C Section 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. A commitment letter from Little Thompson Water District for three non-residential taps was submitted with the application. The commitment letter, dated October 20, 2021, expires in two (2) years. The use of onsite wastewater treatment systems are proposed, which is allowable in the 1-3 Zone District. No concerns regarding water or sewer service were expressed by the Department of Public Health and Environment, in the December 9, 2021 referral response or by Little Thompson Water District, in their December 16, 2021 referral response. D. Section 23-2-30.A.4. - That street/road or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. This will include updating and obtaining any new Access Permits, as required. The Access Permit may require an Improvements Agreement. In the event that the street/road or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Transportation Plan or in conformance with the master plans of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the street/road or highway facilities at his or her own expense in order to expedite approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before the building permits are issued or submit suitable performance guarantees to the County to ensure construction of the required street/road or highway facility improvements. And also, 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." This is interpreted that all lots shall have safe and direct access to adequate roads within public right- cf-way prior to increasing the intensity of the zone district. There are three separate, legal lots associated with this request. All three lots need direct access to public road right-of-way. The first lot accesses onto County Road 56, which is a local, gravel road that, while adequate for agricultural traffic, is not adequate for industrial traffic. Industrial traffic from existing businesses using this access via an easement agreement, traffic from businesses on County Road 15 and from gravel mining operations to the south using the road to get to the traffic light at County Road 13 and US Highway 34, have resulted in a dust problem often brought to the attention of Planning and Environmental Health staff by surrounding property owners. The existing roadway is not adequate for RESOLUTION COZ21-0010 R H AMEN FARMS, LLC PAGE 4 industrial traffic Furthermore, County Road 56 is not within the right-of-way at the existing access location As both the existing right-of-way and the built road are within property owned by the applicant, correction may be achieved through the vacation and dedication of right-of-way via the change of zone plat This has been requested as a condition of approval The vacation of unnecessary road right-of-way is accomplished via Board of County Commissioner Resolution The applicant may elect to further dedicate right-of-way along the existing access from County Road 56 to provide existing land -locked parcels to the south with direct right-of-way access To justify a recommendation of approval for a change of zone to permanent industrial use in this location, an Improvements Agreement is requested The agreement will include improvements to upgrade the County Road 56 to the Chapter 8 Weld County Code local road width and the abatement of dust by routine magnesium -chloride treatment The improvements would be required to be complete prior to the issuance of building permits, which follows a site plan review This would protect the applicant from making road improvements only to potentially pave the road immediately thereafter An Improvements Agreement at the Change of Zone establishes a minimum road standard for future development Further improvements, such as pavement or auxiliary lanes, will be addressed at the time of the Site Plan Review, when the future use of the property is clear As the approval is justified by a condition of approval, staff recommends the zoning amendment be effective upon recording of the Change of Zone plat, rather than immediately upon approval, in accordance with Section 23-2-60 The second lot has an existing agricultural access onto County Road 15, a paved local road, in between the Union Pacific and Great Western railroads This access point shall be closed and reclaimed Access onto County Road 15 shall be at a location that is outside of the existing railroad right-of-way, configured at an 80-100 degree angle off of County Road 15, a maximum of 40 feet in width, that allows for a 65 -foot turning radii, and that meets Chapter 8 safety criteria The third lot does not have direct access to the public right-of-way outside of railroad right-of-way A condition of approval has been added that a 60 -foot road right-of-way shall be dedicated to provide access to the parcel Alternatively, the parcel may be removed from the change of zone request during the Board of County Commissioner public hearing E Section 23-2-30 A 5 - That, 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 Compliance may be demonstrated in a previous public heanng oral the hearing concerning the rezoning application A small portion of the property on the southern end is located within the Big Thompson River floodplain The Department of Planning Services — Floodplain has included advisory information As the floodplain area is not a significant portion of the subject property, there are no concerns The remainder of the site is not located within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsite Overlay District, or the Agricultural Heritage Overlay District boundary No other potential geologic hazards were identified 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 RESOLUTION COZ21-0010 R H AMEN FARMS, LLC PAGE 5 Both the Geology Report, dated August 10, 2021 and the Soil Report, dated October 6, 2021, submitted with the application indicate that the site is not located within an area recognized as having economically recoverable sand and gravel or other metallic resources 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 Natural Resources Conservation Services (NRCS) Soil Survey, dated October 6, 2021, submitted with the application indicates that most of the property consists of Nunn clay loam, Kim loam and Colby loam soils, all of which are well -drained, and the water table is below 80 inches deep Some of the property is located within the floodplain of the Big Thompson River Using the land in these areas for industrial development is not advised The Geology Report, dated August 10, 2021, submitted with the application indicates the soils are capable of handling even deep foundations 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 1 Prior to recording the plat A The applicant shall obtain preliminary approval for industrial access locations to each parcel (Development Review) B The applicant may dedicate a 60 -foot public road right-of-way that meets the design standards of Chapter 8 of the Weld County Code to provide access to parcel number 095719400011 Alternatively, the applicant may remove the parcel from the request Right-of-way may be dedicated on the change of zone plat (Department of Planning Services) C The applicant may dedicate a 60 -foot public road right-of-way that meets the design standards of Chapter 8 of the Weld County Code to provide access to parcels 095719100064 and 095719100065 from the shared access point onto County Road 56 (Currently permitted as AP15-00293) The right- of-way shall stop at the Union Pacific railroad right-of-way Right-of-way may be dedicated on the change of zone plat (Department of Planning Services) D The applicant shall dedicate a 60 -foot public road right-of-way as necessary to align the County Road 56 road right-of-way with the constructed road Right-of-way may be dedicated on the change of zone plat (Department of Planning Services) E The applicant may petition the Board of County Commissioners for a vacation of the existing curved portion of County Road 56 road right-of-way that does not align with the constructed road (Department of Planning Services) F An Improvements Agreement is required for off -site improvements to County Road 56 and on -site improvements for the internal roadway Road maintenance includes, but is not limited to, dust control and damage repair The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements A recorded Improvements Agreement is required prior to issuance of an access permit (Development Review) G The applicant may enter into a Capital Contribution Front End Agreement with Weld County to construct eligible capital improvements To the extent that the fair market value of the construction of these capital improvements exceeds the obligation to pay impact fees for which a credit is provided pursuant to this Section, the Capital Contribution Front End Agreement shall provide proportionate RESOLUTION COZ21-0010 R H AMEN FARMS, LLC PAGE 6 and fair -share reimbursement for such excess contribution (Department of Planning Services) H The plat shall be amended to delineate the following 1 All pages of the plat shall be labeled COZ21-0010 (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 Add the following plat certificates a PROPERTY OWNERS CERTIFICATE I (We), the undersigned, being the sole owners in fee of the above -described property, do hereby certify the zoning as shown on the attached map I (We) dedicate all roads and rights -of -way as shown on this plat to Weld County for the use of the traveling public RH AMEN FARMS, LLC C/O DAVID WAILES b PLANNING COMMISSION CERTIFICATE This is to certify that the Weld County Planning Commissioner has considered this Change of Zone, as shown and described hereon, and made recommendation to the Board of County Commissioners, Weld County this day of , 20_ CHAIR, PLANNING COMMISSION c BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL This Change of Zone plat is approved by the Board of County Commissioners of Weld County, State of Colorado Approval of this plat constitutes an acceptance of the dedication of public roads and rights -of -way described and/or depicted on this plat but does not constitute acceptance of the road and rights -of -way for maintenance by Weld County The construction, maintenance, now removal and all other matters pertaining to or affecting the road and rights -of -way are the sole responsibility of the landowners within the Change of Zone Witness my hand and the corporate seal of Weld County this day of 20 CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST Weld County Clerk to the Board BY Deputy Clerk to the Board DATE 4 All recorded easements and rights -of -way shall be shown and dimensioned on the Change of Zone plat, including rights -of -way to be vacated and rights -of -way to be dedicated, if applicable (Department of Planning Services) 5 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) 6 County Road 15 is a paved road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout The applicant shall RESOLUTION COZ21-0010 R H AMEN FARMS, LLC PAGE 7 delineate and label on the site map or 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 All setbacks shall be measured from the edge right-of-way This road is maintained by Weld County (Development Review) 7 County Road 56 is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the site map or 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 All setbacks shall be measured from the edge right-of-way This road is maintained by Weld County (Development Review) 8 Show and label the public right-of-way that meets the design standards in Chapter 8 of the Weld County Code to be dedicated by the plat 9 Show and label the approved access locations onto CR 15 and onto CR 56, approved access width, and the appropriate turning radii (65') on the plat (Development Review) 2 The following notes shall be delineated on the Change of Zone plat 1) The Change of Zone, COZ21-0010, 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, ArticleIll ll 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) Industrial development may require buffering and screening from residential properties through the permitting process (Department of Planning Services) 5) 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 -1495F effective date September 17, 2020 (Big Thompson River Floodplam) 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 but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and matenals (Department of Planning Services - Floodplain) 6) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Development Review) 8) The property owner shall comply with all requirements provided in the executed Improvements Agreement (Development Review) 9) The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates (Development Review) 10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire RESOLUTION COZ21-0010 R H AMEN FARMS, LLC PAGE 8 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 Little Thompson 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 by septic systems 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 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 RESOLUTION COZ21-0010 R H AMEN FARMS, LLC PAGE 9 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 Tom Cope VOTE For Passage Tom Cope Lonnie Ford Elijah Hatch Skip Holland Sam Gluck Butch White Pamela Edens Michael Palizzi Against Passage Absent Michael Wailes 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 February 15, 2022 Dated the 15th of February, 2022 Kristine Ranslem Secretary SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 15, 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 12:30 pm. Roll Call. Present: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Pamela Edens, Michael Palizzi. Absent/Excused: Michael Wailes. The Chair announced that Michael Wailes has recused himself from today's hearing cases. Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: COZ21-0010 APPLICANT: R.H. AMEN FARMS, LLC PLANNER ANGELA SNYDER REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT. LEGAL DESCRIPTION: BEING PART OF THE E2 AND PART OF THE NW4 OF SECTION 19, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO LOCATION: SOUTH OF AND ADJACENT TO CR 56 APPROXIMATELY 0.5 MILES EAST OF CR 13. Angela Snyder, Planning Services, presented Case COZ21-0010, reading the recommendation and comments into the record. Ms. Snyder provided a detailed report of how the applicant has complied with the five (5) criteria for the change of zone. Ms. Snyder stated that the third parcel is land -locked and there is no access outside of the Great Western right-of-way. Dedicating a 60 -foot right-of-way to this parcel would involve properties not owned by the applicant and may prove to difficult. Staff has recommended to the applicant that this parcel be removed from the request. Ms. Snyder said that Staff finds that many aspects of the particular location of this proposed zone change are ideal being located adjacent to railroads and adequately set back from the highway and from residential n eighborhoods which protects that gateway corridor. The Department of Planning Services recommends approval of this application provided that County Road 56 be made adequate through an Improvements Agreement. Commissioner Cope referred to the comment regarding a sound barrier but clarified if it had more to do with the trains than the potential industrial use. Ms. Snyder said that it is an example but if you are closer than the 510 feet a sound wall or buffer should be installed. Commissioner Holland asked if sanitary sewer service would be required in the future through Johnstown. Ms. Snyder said that often they don't need sanitary sewer but if they increase the number of employees they would reach a point that it would require sewer service. While the zoning is correct, in order to get the site plan approved they would have to hook up to sewer and Staff just wanted to make sure the applicant u nderstood that it may require annexation. Melissa King, Development Review, reported on access to the site. Ms. King stated that according to the Weld County Code, the change of zone requires that the roads providing access to the properties are adequate in size to meet the requirements of the proposed zone district. Considering the proposed zoning is heavy industrial, the potential uses allowed in this zone district the traffic typically associated with these u ses, the existing traffic on the roads and the existing condition of these roads, Staff has determined that 1 County Road 15 is adequate and functional classification, width and structural capacity to meet the potential traffic requirements However, County Road 56, while adequate and functional classification is not adequate in width and structural capacity to meet the potential traffic requirements of heavy industrial Therefore, an Improvements Agreement will be required Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that since the adoption of Weld County Ordinance 2019-02, commercial and industrial uses are no longer allowed in the agricultural zone unless they are agriculture or oil and gas Therefore, you are seeing a change of zone to do what used to be a typical USR permit Mr Naylor noted that the applicants are proposing an RV facility on this site so they are requesting a change of zone to the 1-3 Zone District Mr Naylor pointed out the 1-3 Zone Districts approved in the area and the railroads He added that there is a construction business located directly east of County Road 56 on County Road 15 and a wedding venue on that corner as well He noted that the surrounding properties are already established as industrial uses The applicants are willing to provide a buffer from their industrial uses with their agricultural land to minimize the impacts of the residential properties to the east Mr Naylor noted that this site is also located in an urban/non-urban mix and compatible with existing and future development of the Weld County Comprehensive Plan Mr Naylor said that they do believe County Road 15 is adequate and have offered to enter into an Improvements Agreement with County Road 56 He added that County Road 56 has some issues and said it is not located within the county right-of-way but rather located on the applicant's property Mr Naylor stated that it is not on the 2045 road improvements project list Therefore they assume the roadway was adequate however, it doesn't meet the minimum standards of Weld County's road requirements in Chapter 8 Mr Naylor stated that they believe the County has an obligation to at least have the minimum road standard requirements met with the county road and that it shouldn't be the applicant's responsibility to bring it up to a minimum road standard He agreed that if they would do something beyond what the minimum standard is, such as turn lanes, paving, lighted intersections then development is responsible He said that while they are in agreement to enter into an improvements agreement they would like to have that provided prior to the County Commissioner hearing so that they can vet it and work with it with the County Commissioners instead of after the fact and then having to address these issues Mr Naylor said that they are committed to working with Staff and will enter into an agreement with the County but not sure how that should look at this point He stated that they believe they have met the requirements of approval Commissioner Holland clarified if they are willing to move forward with this application on the basis of the County making improvements to County Road 56 Mr Naylor said that they would like to have that discussion of how to get there He added that the road is not located in the right-of-way so they need to have a discussion with the applicant on dedicating right-of-way and also how to bring the road up to minimum standards Mr Naylor said that they entered into this change of zone application request with the assumption that the roads are at least to minimum standard and then they can evaluate whether their project is going to exceed that and what those ramifications would be beyond those minimum standards Commissioner Hatch asked if the road was built by Weld County or if it was a private road obtained by Weld County Mr Naylor replied that he didn't know that but understands that it has been maintained by the County for years He added that the USRs in the area were approved in 2015 and it was a county - maintained road at that time but believes that it is at least 20 years that it is a county -maintained road Commissioner Edens asked how they can approve sending this to the County Commissioners when the roads are not worked out Ms Snyder referred to the Weld County Code and said that when we are looking at a change of zone and if the road is not adequate they are allowed to enter into an Improvements Agreement with the applicant to protect the future She added that the Code does offer a Capital Front End Contribution Agreement program so if there is dedication of roads or construction of roads then they would get a credit back So there would be an Improvements Agreement but there would also be a Capital Front 2 End Contribution Agreement that would compensate the landowner for the improvements that they would have made and the land they would have dedicated for the right of way Ms King said that you have seen multiple change of zone applications, but this is the first time they have had a change of zone where this part of the code has been activated She added that there is a section of the code that says before the zone district is changed the roads need to be adequate and the access needs to be adequate She further added that is all that Development Review looks at for change of zone In this case, while the road is adequate for an agricultural use and zoning, it is not adequate for industrial Therefore, that is why the Improvements Agreement would be triggered Ms King said that they have really wrestled with this and have tried to work with the applicant to try and resolve how the current road situation, while adequate for agricultural, may not be for heavy industrial and the proposed uses Commissioner Edens said she is concerned that our roads are not up to standards Mr Naylor appreciates Staff working with them and added that he agrees with entering into an Improvements Agreement He added that they want to make sure and put it on the record that the road is not adequate and should have been Commissioner White stated that he doesn't know that it is the Planning Commission's purview to decide and believes it is a County Commissioner decision He doesn't think he would be comfortable with deciding this Karin McDougal, County Attorney, said that there is a condition of approval that the applicant agrees to enter into an Improvements Agreement What the applicant is saying is that they have concerns about what that Improvements Agreement is going to look like but she doesn't believe that the applicant is asking that the Improvements Agreement be determined here and said it will be a negotiation with Staff and the County Ms McDougal stated that the Planning Commission only needs to look at whether the applicant is willing to enter into that Improvements Agreement for the change of zone Commissioner Cope asked if County Road 56 is classified as a local gravel road and as of today's date does it meet those standards Ms King said that she has not been out there but understands from Public Works Staff that there are certain areas of the road that are not the correct width and that there are some structural issues associated with the road Commissioner Cope referred to the 30 -foot access and utility easement and asked if that is the only access off of this parcel that goes onto the county road Mr Naylor replied yes Mr Cope asked if that access goes across the railroad tracks Mr Naylor replied that it is permitted to go over the railroad tracks Commissioner Cope is concerned with the access of the roads and asked Staff what the distance is from access points on County Road 15 Ms King replied that the distance is 150 feet Mr Cope said that it appears on the aerial map that Parcels 2 and 3 will have potential access conflicts Mr Naylor said that the space between the railroad tracks is approximately 750 feet He added that currently they utilize the north access and bring in silage He said that they would like to maintain that until the site development plan when the user comes in and then they will discontinue the agricultural use of those accesses He said that there shouldn't be an issue but it will be determined at site plan review Commissioner Cope referred to southern property where there is not access at all to County Road 15 and asked how that property is served Mr Naylor said they have had a historic agreement with the property owner to the south to access that He added that land was just part of their property and as they were going through the process they decided to include it in the 1-3 but has minimal use Commissioner Cope asked Staff if the applicants were able to get an access from Parcel 3 going north into Parcel 2 considered an adequate access Ms King said that they can look at that if there is some easement over the railroad to head north to the middle parcel but generally they look if they have direct access to a county road Mr Cope said that will be his concern with reviewing Parcel 3 because it doesn't appear to meet the criteria of having adequate access Mr Naylor said if it is a concern and your recommendation would be to remove that parcel then they understand that and would support it The Chair asked if there was anyone in the audience who wished to speak for or against this application 3 Chris Fnede, 6943 CR 56, stated that she is the owner of the wedding venue Ms Fnede expressed concerns about the dust and the negative impact it would have on her wedding ceremonies and events She added that there is already a lot of dust and has requested mag chloride but told that there is not enough traffic for this road yet Ms Fnede asked if there is another access or any other kind of buffering because her venue is right along County Road 56 Janet Ross, 6248 CR 56, stated that she lives on the west end of County Road 56 between the railroad tracks Ms Ross expressed concerns regarding what part of County Road 56 will be improved She added that it has been a farm road for over 35 years She is not in support for paving of the road but is in support of putting a speed limit of 20 mph on the road because everyone likes to speed and use Jake brakes Matt Brown, 27121 Coyote Ridge Lane, stated that they have been affected a little bit from Rock and Rail and this project also has some concerns with noise and dust Mr Brown expressed concern regarding the access from County Road 15 to Highway 34 He added that a lot of improvements were made to County Road 13 to allow for the amount of traffic and the light added at County Road 13 now gives them access at County Road 15 to get to school He added that the east bound acceleration lane from County Road 15 onto Highway 34 is not adequate at all for any kind of truck traffic Mr Brown requested a traffic evaluation at County Road 15 and Highway 34 John Cummings, 26700 CR 13, asked to what extent of County Road 56 would be improved He said it should be all the way from County Road 13 to County Road 15 as if it is zoned 1-3 that is the route they will go Mr Cummings added that along County Road 56 is a historic irrigation ditch and expressed concern on how the impact of getting right-of-way will be for those irrigation ditches Mr Naylor said that when they address the road impacts it will be at the site development phase of this project He added that traffic will be dependent and directed based on the site plan review Mr Naylor said that they would anticipate with a site development plan for an RV storage that the preferred haul route would be to go out to County Road 13 Mr Naylor referred to Mr Cummings' point of irrigation ditches and said that they want to maintain those ditches He added that the portion of the road that is in question of right-of-way is just what encircles that lake so the irrigation ditches should not be impacted from those improvements 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 Commissioner Cope expressed concern with Parcel 3 and wished to discuss the access He added that he understands that they currently have an agreement with the neighbor to be able to use that as an access across their land, but if this goes to a 1-3 they don't know how much use there could be or would be and doesn't know if that agreement would hold up Mr Cope referred to Criteria 4 that the street/road or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district and said that for just Parcel 3 he expressed concern that there is not adequate possibility there Mr Cope said that the applicant -is willing to remove that parcel from the request but is unsure if that needs to be done at this stage or at the County Commissioner hearing Ms McDougal said that if you are going to make a motion to take that parcel out then you would have to call the applicant back up to agree to the conditions of approval Ms Snyder referred to Condition of Approval 1 B that states that the applicant may dedicate a 60 -foot public road right-of-way that meets the design standards to provide access to that southern parcel or alternatively, the applicant may remove the parcel from the request She added that by including that as a Condition of Approval that would give the applicant options of either providing access or removing the parcel and said that she believes this would address Mr Cope's concern Mr Cope said that would resolve his concern and doesn't have an issue as long as they can get access to it 4 Motion* Forward Case COZ21-0010 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Sam Gluck, Seconded by Tom Cope Vote: Motion carried by unanimous roll call vote (summary Yes = 8) Yes Butch White, Elijah Hatch, Lonnie Ford, Michael Pahzz', Pamela Edens, Sam Gluck, Skip Holland, Tom Cope Meeting adjourned at 3 09 pm Respectfully submitted, 41X7t, Kristine Ranslem Secretary 5 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip cs..` - 6,A ^` ?cal f 6sc t 10t Mil C08 0 S� .. y P ` 31; n 0 H �f y /6,- < 11- Zj) ikeld 1 jeWia al 6, ga rtt ‘ , A Ve7 j 6_3 CfcJ55tP-ia, (36POSerer: V , V R , s. c P 66S2 Ikits-37e Lje.e i) te-L/_ �._c iL.(Li c -t._( 'S or_lct� tor (Z l% -F wutf S34-; s (Ye I:a k) (dip , a r grOt ) 67 tntr IS g• i I./a/c) / c--- A C04,7"213 c t /---cac•-•1-") C CP+ .jam L,- i ci ! .> ='-{G -4/4 .6 g 6 4w4 Cv1JeS )6677 ckis- IiNe.s4titvo. (v S26 ty • - r 1 { • i I Hello