HomeMy WebLinkAbout20210678.tiffBEFORE THE WELD COUNTY, COLORADO} PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
SIONERS
Moved by Tom Cope, 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:
CCZ20-0009
DU RAN ENTERPRISES, LLC
ANGELA SNYDER
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-
2 (MEDIUM INDUSTRIAL) ZONE DISTRICT.
NE4NW4 SECTION 33, TSN, R66W OF THE 6TH P.M., VELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO C R 64, EAST OF AND ADJACENT TO 71ST
AVE.
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 applications materials were found to be complete on December 17, 2020.
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 22-2-30.8.1. Encourage annexation of urban -scale development. Zone charges and
subdivisions within one -quarter smile of municipal limits are strongly discouraged. Property owners
who want to rezone or subdivide heir property are encouraged to contact the municipality about
annexation.
The property is adjacent to the City of Greeley. Zone changes are strongly discouraged within one -
quarter mile of a municipal limit in order to promote annexation of urban development for harmonious
development which benefits both the County and the municipality. Weld County does not have a
Coordinated Planning Agreement with the City of Greeley. The City, in the January 9, 2021 referral,
indicated that annexation would be required should the property require water or sanitary services in
the future. The Land Use Guidance Map for the City designates the northern portion of the property in
the Northwest Industrial Rail Corridor and the southern portion in the Cache la Poudre River Corridor.
The site design meets in the intended location for industrial development.
Section 22-2-30.8.2. Urban -scale development shall only be placed where urban services,
including public water, are available.
Water and seiner service can be made available to the property.
Section 22-2-30.C.1. Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
Residential properties are separated from the industrial property by a hill and the Cache la Poudre
floodplain. ain. Screening from residential properties will be required on the site as it is further developed.
Section 22-2-30.0.3. Encourage development that preserves lava' for agriculture, rangeland,
wetlands, and critical habitats.
and
Section 22.2. 50.C.2. Encourage development to locate outside of flood -prone areas to reduce the
loss of life and property.
The site includes flood Alain, but the existing uses do not encroach into the floodplain.
ai n .
Section 2-2-30.D.2. Ensure that land use change proposals comply with applicable transportation
plans, functional classifications, and access control plans adopted by the County.
RESOLUTION COZ2o-0009
DURAN ENTERPRISES, LLC
PAGE 2
The proposal is located adjacent to two arterial roads, C Street (County Road 64) and 71st Avenue
(County Road 29). Further development of the site will require that the roads and access be brought
up to the standard for arteriai roads.
Section 22-2-40.A.1. Identify target areas where the County is able to encourage shovel -ready
commercial and industrial development.
The site is located in a Weld County Opportunity Zone and the North Greeley Rail Corridor Subarea,
which indicates that the site may be a good location for commercial and industrial development
including zone changes.
Section 22-2-40.A.5. Encourage agglomeration economies of synergistic businesses.
Other industrially zoned properties are located to the east of this property along O Street (County
Road 64),
As the City did not express an interest in annexing the property at this time, the application is
compatible with the Comprehensive Plan.
R. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the
change of zone will be compatible with the surrounding land uses.
The proposal is located within the three-mile refe rra I area of the City of Greeley and the Town of
Windsor. The Town of Windsor, in the December 18, 2020 referral, indicated no concerns. The City
of Greeley, in the January 0, 2021 referral, did not indicate any concerns with the proposed industrial
zoning of the property. The adjacent property to the east within the city limit is zoned I--1111 (Medium
Industrial) and is being used industrially by multiple businesses including Loveland Industries
Company, Zateca Food, Inc., and Colorado Bean Inc.
The property is adjacent on two sides to roads classified on the Weld County Functional
Classification Map as arterial and is within one hundred feet of the Great Western Railroad. The site
is within a Weld County Opportunity Zone. The site is within the North Greeley Rail Corridor Subarea
with most of the property designated as Rail Centric Employment Center. The southern portion of the
property is located within the Cache la Poudre floodplain and is designated for floodplain and
commercial gravel mining. Viable gravel resource located adjacent to the crest.
The property is currently occupied by businesses permitted by use by Special Review Permit,
MUSR15-0010, for an excavation company and mini -storage. Potential uses for I-2 zoned properties
can be found in Section 23-3-320 of the Weld County Code, including the current uses of the property
for fabricating, assembling and storage (Section 23-3-320.C.2), commercial storage buildings
(Section 23-3-320.C.7), offices (Section 23-3-320.C.16), outdoor storage (Section 23-3-320.C.19)
and vehicle maintenance (Section 23-3-320. C . 31) . The existing uses are compatible with the l-2
(Medium Industrial) Zone District.
Referrals without concerns were received from the following agencies: North Weld County Water
District, Greeley Fire Department, Weld County Sheriff's Office and Colorado Parrs and Wildlife.
There are two (2) residences on A (Agricultural) zoned properties located to the south. Adequate
screening would be required through the site plan process, should the site be further developed in
Weld County.
Any future industrial uses will have to be approved through a Site Plan Review or Use by Special
Review process. The site cannot be classified as no nu rba n -scale development, so any expansion of
the site will require water and sewer service, and therefore annexation. The Conditions of Approval
and Development Standards applied to this Change of Zone and further site planning processes will
adequately address and mitigate potential impacts. The City of Greeley also included several
advisory statements concerning future development of the site,
RESOLUTION COZ20-0009
DURAN ENTERPRISES, LLC
PAGE 3
Due to the proximity of the rail line, major transportation networks, and the presence of other
industrial operations in the vicinity, a Change of Zone to I-2 (Medium 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 by two forth Weld County Water District taps (Account ##s 5188001 and
1009002) for water service. The site is seared by five ( 5) septic systems for sewer service, permit
numbers 610040160, 619940564, SP -1300250, SP -1500034, and SP -1800298. A City of Greeley
sewer line crosses the property. Weld County Environmental Health Services included plat notes
addressing potable water and sewer on the site.
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 property is adjacent on two sides to paved roads classified on the Weld County Functional
Classification Map as arterial and is within one hundred feet of a railroad. Industrial uses are
encouraged to be located near rail and arterial roads or highways. The Department of Public Works,
in the January 13, 2021 referral, indicated that road improvements would be required if the property
use were to be further developed through Weld County.
E. Section 23-2-30.A.b. - in those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance with the applicable standards:
I) section 23-2-30.45.a. — if the proposed charge 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.
A portion of the property is located in a F E MA 1% Annual chance Special Flood Hazard Area.
Developing in that portion of the site would require compliance with Weld county floodplai n
regulations. The portion of the site being used industrially is not in the f loud pl ai n . The site is
located in an Urbanizing Drainage Area. The site is not located within the following overlay
districts officially adopted by the County, including airport, geologic, historic, or M S4 overlay
district.
2) section 23- -30.A. 5. b. - That the proposed rezoning will not permit the arse 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.
According to the geotechnical report dated May 23, 2019 and submitted with the application,
some sand and gravel does exist beneath the site, but did not indicate that the amount was
considered commercially viable. The site, as it is currently permitted, would not inhibit the
extraction of the minerals.
3) Section 2 -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 andior^
the applicant's successors or assigns prior to the development of the property.
The Preliminary Geotechnical Engineering Report, dated May 23, 2019, indicated "The
subsurface soils at the site consisted of varying layers of silty sand, silty clayey sand and well
graded sand with gravel to depths of 15 feet. Groundwater was encountered at depths of
approximately 4.5 to 8.5 feet below existing site grade. The results of [the] field exploration and
RESOLUTION COZ20-0009
DURAN ENTERPRISES, LLC
PAGE 4
laboratory testing indicate that the soils are non -expansive and have low load bearing
capabilities. The soil types should provide a stable subgrade for pavement, although the
relatively shallow groundwater may lead to areas of instability. Septic systems are feasible
although the shallow groundwater may require adjustment of the leach field elevations."
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 shall be conditional upon the following:
1. Prior to recording the plat:
A. All signs and display vehicles shall be removed from the public right-of-way.
B. Site --Ran Revlow application shall be- s m4tea-e the Depactmeat-af lar+ning-SeiGessin
accordance with '! ekl- uy---C e e tion 23-2-150.+x,, ,No —land, oul.ldn ructure smolt --
ti Gtr nged-in-sise or type of OcoAl-1 d rfeconstmeted-7m ov eci
or structura lye alterzone district trot requires a Site -Ran ev evw ntil-a-Sat
1an-Review=basrbeen-eppr ec and mite -Plan -review reap-fecorced by the Department of
Planning Services!'
2B. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled OZ20-0009. (Department of Planning Services)
. The plat shall adhere to Section Z3-2-50. D. of the Weld County Code. (Department of Planning
Services)
3. All recorded easements and rights -of -moray shall be shown and dimensioned on the Change of
Zone plat. (Department of Planning Services)
4. County Road 64 is a paved road and is designated on the Veld County Functional Classification
Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way at full
bui l dout. 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 -war 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-g0, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County. (Department
of Public Works)
5. North 71st Avenue is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of
right -of -gray 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-g0, the
required setback is measured from the future right-of-way line. This road is maintained by Weld
County. (Department of Public Works)
6. Show and label the existing access points and the usage types (Agricultural, Residential,
Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the
plat submittal. (Department of Public Works)
2. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZZ0-0009, allows for I -Z (Medium Industrial) uses which shall comply with
RESOLUTION COZ2o-0o09
DURAN ENTERPRISES, LL
PAGE 5
the I-2 (Medium Industrial) Zone District requirements as set forth in Chapter 23, Article III Division
4 of the Weld County Code, as amended. (Department of Planning Services)
2) The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Planning Services)
3} Any future structures or uses o n site must obtain the appropriate zoning and building permits.
(Department of PlanningServices)
4) Industrial development will require buffering and screening from residential properties 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 2g-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. 2013 International Residential Code; 2006 international Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction, (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. (Department of Public Works)
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. (Department of Public Works)
g) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this
plat, including owners of future lets created therefrom, regardless of lot configuration or number of
users, and without limitation of the use or intensity of the use of such easements. No lot owner may
install a gate or otherwise impede the use of such easements without the approval of all persons
with rights of use of such easements. (Department of Public works)
10) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public works)
11 } Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plan. (Department of
Public Works)
12) Any work that may occupy and or encroach upon any County rights -of -gray or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public
Forks)
13) The historical flog patterns and runoff amounts will be maintained on the site. (Department of
PublicWorks) (Department of Public Works)
14) water service may be obtained from North Weld County Water District. (Department of Public
Health and Environment)
1 5) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be
by an on -site wastewater treatment system (O TS) designed in accordance with the regulations of
the Colorado Department of Public Health and Environment, Water Quality Control Division and the
h
RESOLUTION COZ20-0009
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Weld county code in effect at the time of construction, repair, replacement, or modification of the
system. (Department of Public Health and Environment)
16) Activity or use on the surface of the ground over any part of the CAWS 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)
1 7) 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
Counter Environmental Health Services, a fugitive dust control plan must be submitted. (Department
of Public Health and Environment)
18) 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)
1 g) 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)
20) 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 person 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.
21) WELD COUNTY RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. VVe I I -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slog -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
RESOLUTION COZ20-0009
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PAGE 7
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-'1 02, C.R.B., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to
the grater.
Weld County corers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be seared
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency
responses, including lams enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gavel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paired road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
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 Meld 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 vveld 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. The applicant shall be allowed 120 days from the date the plat is recorded to submit a Site Plan Review
application.
56. 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.
7. If a plat has not been recorded within one hundred twenty (1 20) 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
RESOLUTION COZ2o-0009
DURAN ENTERPRISES, LLC
PAGE 8
public hearing, revoke the CCZ.
78. In accordance with Weld County Appendix 5-J, should the plat not be recorded within the required one -
h and red -twenty (12 o) 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 Cane Stille.
VOTE:
For Passage.
Tom Cope
Gene Sti I le
Lonnie Ford
Elijah Hatch
Skip Holland
Against Passage Absent
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
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 16, 2021.
Dated the 16th of February, 2021
46ie6rud ACiAtha
Kristine Ranslem
Secretary
pc, wvivvvocts
)„i ).)e-a0D-1/4
SUIVIMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 16, 2021
A regular meeting of the Meld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 C Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Full Call.
Present: Elijah Hatch, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope,
AbsentlExcused: Butch White, Dwaine Barclay, Sam Gluck, Troy Mellon.
Also Present: Chris Gathman, Angela Snyder, and Maxwell Nader, Department of Planning Services;
Lauren Light, Department of Health; Mike McRoberts, Melissa Ding, and Zack Roberson, Department of
Public Works; Bob Choate and Karin McDougal, Counter Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION
COZ20-0009
DURAN ENTERPRISES, LLC
ANGELA SNYDER
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT.
NE4NW4 SECTION 33, T6N, R66W OF THE 0TH P.M., MELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 64, EAST OF AND ADJACENT TO 71ST
AVE.
Angela Snyder, Planning Services; presented COZ2o-0009 reading the recommendation and comments
into the record. Ms. Snyder stated that a Site Plan application is required to operate the use in the Industrial
Zone District and is currently required under Condition of Approval 1.B. She requested to remove this
Condition of Approval 1.B from prior to recording the plat and add a new Condition of Approval 5.
Ms. Snyder noted that a letter was received from the property owner to the south who didn't indicate an
objection to the change of zone; however, they requested that nuisances be rn iti:gated as development
occurs on this site and suggested a 15 to 20 foot berm. She added that Site Plans do require that industrial
uses are screened from adjacent residential properties and a berm is a reasonable solution in this case so
long as it is not in an easement of record or in that floodplain. la i n . She said that screening is reviewed in the
Site Plan Review process. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Hatch asked where the berm will be located on the property. Ms. Snyder said that the
adjacent property owner requested to have the berm on the property line; however, there is a water line
easement at the property line and believes that they will keep it close but not on the easement.
Commissioner Holland clarified if Greeley is not interested in annexing this site. Ms. Snyder said that
Greeley understands what is on site has been permitted through Weld County and from their referral it
seems that they would be interested in annexing if sewer service was required.
Commissioner Holland asked if they would be annexed would Greeley give them same zoning. Ms. Snyder
said that she assumed they would and added that they would also have to horror the site plan.
Commissioner Hatch clarified if this is triggered from an enforcement issue or at the request of the property
owner. Ms. Snyder said it was at the request of the property owner.
Commissioner Stille asked where the sever line is and where it ends. Ms. Snyder said it is on the southern
end of the property and added that she is not aware of where it ends.
Mike McRoberts, Public Forks, reported on the existing traffic, access to the site and drainage conditions
for the site.
1
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Iris Pickett, 1211 9th Street, Greeley, stated that what prompted this request was the signage limits and
there are industrial uses on site so it made sense to request for it to be zoned properly, He referred to the
proposed berm on the south property lane and said that there is room on the north side of the stormwater
treatment area. Mr, Pickett stated that the sewer dine comes from a lift station in Poudre Fiver Ranch and
runs along the south property line down to 71st Avenue.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair referred to Staffs request to change the Draft Resolution. Ms. Snyder requested to remove
Condition of Approval 1.B and add a new Condition of Approval 5 to read "The applicant shall be allowed
120 days from the date the plat is recorded to submit a Site Plan Review application",
Motion: Delete Condition of Approval 1.B and add a new Condition of Approval 5 as stated by Staff, Moved
by Tom Cope, Seconded by Gene Stille. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval and if they
are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ20-0009 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded
by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = b).
Yea: Elijah Hatch, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope,
Meeting adjourned at 2A2 pm.
Respectfully submitted,
dasthelted 71:2Yanatein.
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