HomeMy WebLinkAbout20210082.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
Coa a - coo�
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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:
LOCATION:
COZ20-0007
WESTERN EQUIPMENT & TRUCKING INC
MAXWELL NADER
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE
I-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT.
NORTH OF AND ADJACENT TO CR 46; WEST OF AND ADJACENT TO CR
35.
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.
S ection 22-2-30.B. — states "Locate urban development in urban areas."
The site is located within the three (3) mile referral area of the Towns of Milliken, LaSalle and Gilcrest
and the City of Evans. The Towns of Milliken, LaSalle, and Gilcrest had no concerns. The City of
Evans had comments on their referral dated, September 24, 2020, that reflected their Notice of
Inquiry (NOI) Form. The proposed Change of Zone is located just outside of the one -quarter mile line
of the City of Evans therefore the applicant was encouraged to speak with the City of Evans.
Additionally, the property is located within the City of Evans Coordinated Planning Agreement Area
(CPA). As part of the pre -application process, Evans submitted a signed Notice of Inquiry form which
requested the property owner to consider a pre -annexation agreement. During the duration of the
twenty-one (21) day period the applicant and City of Evans attempted to create an annexation
agreement but ultimately no agreement was pursued. Furthermore, the City of Evans Future Land
U se Plan, adopted in 2014, identifies the subject property as commercial and Industrial Clean
Energy.
The City Comprehensive Plan has designated two similar uses and users for Community Commercial
Centers include commercial activities that serve a portion of a region comprised of numerous
neighborhoods and employment areas. They may include many of the uses that are found in
N eighborhood Commercial Centers, such as a grocery store, but typically also include a small
department store or specialty variety store as an additional anchor. Retail and service uses (i.e.,
typically a large grocery store, junior department store, convenience stores, personal and business
services and offices, restaurants, and community facilities). All uses are intended to serve the
community, as well as nearby neighborhoods
The Industrial Clean Energy designation is intended to provide a location with an emphasis on
renewable energy projects. The site should be adequately sized to accommodate parking, heavy
truck traffic, loading, storage, open space, and other service needs. Uses include renewable energy
projects and producers of renewable energy technology are strongly encouraged. Other industrial
land uses are allowed, though petrochemical industries and similar uses are discouraged. Future
development is supportable of these two land use designations
Section 22-2-30.C. — states "Harmonize development with surrounding lands uses."
The proposed Change of Zone is adjacent to US Highway 85 and there are many properties
around the subject property that are being utilized for commercial or industrial purposes, permitted
RESOLUTION COZ20-0007
WESTERN EQUIPMENT & TRUCKING INC
PAGE 2
via a Weld County Site Specific Development Review Permit However, the surrounding lands are
zoned Agricultural and numerous parcels have residences located on them Through the Site Plan
Review process or Use by Special Review process there are standards and mitigation practices set
in place to ensure the surrounding properties that are not similar in use are not negatively impacted
by any future use As stated before the City of Evans Future Land Use Plan has lands designated
to the northwest of the subject property as Industnal Clean Energy and these lands will also have
design cntena to go through in order to help with mitigation for surrounding properties located in
the municipal limits and outside
Section 22-4-10 B — "Weld County Opportunity Zones"
The proposal is located within a Weld County Opportunity Zone as defined by the Comprehensive
Plan Map, adopted in 2020 A Weld County Opportunity Zone is an area designated for potential
commercial and Industnal opportunity These areas have the potential to be rezoned to commercial
or Industnal The property is located directly adjacent to US Highway 85 which is appropriate
transportation infrastructure for industrially zoned properties
B Section 23-2-30 A 2 - The uses which would be allowed on the subject property by granting the
change of zone will be compatible with the surrounding land uses
The lands in the surrounding area are a mix of commercial and Industnal related uses are
permitted under USR17-0003 for and RV Storage facility which is located on the east side of US
Highway 85 MUSR14-0031 for a Mineral Resource Development Facility (Storage) which is one
(1) mile east of the subject property The Weld County Industnal Park, zoned I-3 (Heavy lndustnal),
is located approximately one (1) mile to the southeast of the subject property Additionally, the City
of Evans have lands zoned I-3 approximately 0 50 miles to the northwest of the subject property,
per their interactive zoning map
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
Water will be provided by Central Weld County Water Distnct (CWCWD) CWCWD on their referral
dated September 23, 2020 had no comments An on -site wastewater treatment systems (OWTS) will
provide sewer services for the proposed development of the property
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 distracts
The applicant is proposing to access off of County Road 35 Colorado Department of Transportation
(CDOT) has plans to upgrade the intersection of County Road 46 and State Highway 85, and this
may impact the design of the access to the property A condition of approval has been added to
ensure the applicant acknowledges this potential impact and to make sure certain property owners
work with CDOT on future development CDOT had advisory comments on their referral dated
September 24, 2020
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 - The proposed Change of Zone is not located within an Overlay Distnct,
Geological Hazard Area, Municipal Separate Storm Sewer System Area (MS4) or Special Flood
Hazard Area
2) Section 23-2-30 A 5 b — The proposed Change of Zone does not interfere with the present
extraction of mineral resources The applicant previously reached out to Occidental Petroleum,
Anadarko Oil and Gas OnShore, LP, Kerr-McGee Gathering, Noble Energy, and PDC Energy
pnor to submitting the change of zone application as evidenced in the electronic mail dated
September 30, 2020 Dunng the Site Plan Review or Use by Special Review development
RESOLUTION COZ20-0007
WESTERN EQUIPMENT & TRUCKING INC
PAGE 3
process, the applicant has indicated all future development will not interfere with future extraction
of mineral resources and the mineral estate
3) Section 23-2-30 A 5 c — The Soils Survey from the Natural Resources Conservation Service
dated August 20, 2020 indicates Julesburg sandy loam, Nunn loam and Vona loamy sand were
located Julesburg sandy loam is the only soil considered somewhat limited The other soils
encountered are not limited Future development will be required to take into consideration any
limiting site factors pnor to development
This recommendation is based, in part, upon a review of the application matenals submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
THE CHANGE OF ZONE A (AGRICULTURAL) ZONE DISTRICT TO THE I-2 (MEDIUM INDUSTRIAL) ZONE
DISTRICT IS CONDITIONAL UPON THE FOLLOWING
1 Prior to recording the plat
A The applicant shall address the concerns of the Public Works Referral, dated October 5, 2020,
relating to access location(s) and Rights -of -Way (Department of Public Works)
B The applicant shall attempt to address the requirements of Farmers Independent Ditch Company, as
stated in the referral response dated October 13, 2020 Evidence of such shall be submitted in
wnting to the Weld County Department of Planning Services (Department of Planning Services)
C The applicant shall attempt to address the requirements of the City of Evans, as stated in the referral
response dated September 24, 2020 Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services (Department of Planning Services)
D The applicant shall acknowledge the advisory comments of the Colorado Department of
Transportation as stated in the referral response dated September 24, 2020 Evidence of such shall
be submitted in wnting to the Weld County Department of Planning Services (Department of
Planning Services)
E The plat shall be amended to delineate the following
1 All pages of the plat shall be labeled COZ20-0007 (Department of Planning Services)
2 The plat shall adhere to Section 23-2-50 C and D of the Weld County Code (Department of
Planning Services)
3 All recorded easements and nghts-of-way shall be shown and dimensioned on the Change of
Zone plat (Department of Planning Services)
4 County Road 35 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as an artenal road, which requires 140 feet of nght-of-way at full
buddout The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing nght-of-way) and the physical location of the
road If the existing nght-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 (Department of Public Works)
5 County Road 46 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a collector road, which requires 140 feet of right-of-way at full
buddout 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 nght-of-way cannot be verified it shall be dedicated The applicant shall also
RESOLUTION COZ20-0007
WESTERN EQUIPMENT & TRUCKING INC
PAGE 4
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 nght-of-way line
This road is maintained by Weld County (Department of Public Works)
2 The following notes shall be delineated on the Change of Zone plat
1 The Change of Zone allows for I-2 (Medium Industrial) uses which shall comply with the requirements
set forth in Article III, Division 4 of the Weld County Code (Department of Planning Services)
2 Any future structures or uses on site must obtain approval through a Site Plan Review or Use by
Special Review (Department of Planning Services)
3 Water service may be obtained from Central Weld County Water Distnct (Department of Public
Health and Environment)
4 The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be by
an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of the
Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld
County Code in effect at the time of construction, repair, replacement, or modification of the system
(Department of Public Health and Environment)
5 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 contnbute 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)
6 Dunng 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)
7 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)
8 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)
9 Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County nght-of-way (Department of Public Works)
10 All access and utility easements are dedicated for the benefit of all owners of lots depicted on this
plat, including owners of future lots 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
nghts of use of such easements (Department of Public Works)
11 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)
12 Pnor to the release of budding permits, the applicant shall be required to submit a complete access
application for a "preliminanly approved" access location as shown on this plat (Department of Public
Works)
13 Any work that may occupy and or encroach upon any County nghts-of-way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Department of Public Works)
RESOLUTION COZ20-0007
WESTERN EQUIPMENT & TRUCKING INC
PAGE 5
14 The historical flow patterns and runoff amounts will be maintained on the site (Department of Public
Works)
15 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)
16 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)
17 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 vanous 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) paper copy
or 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
4 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 the Board of County
Commissioners resolution a $50 00 recording continuance charge shall added for each additional 3
month penod
Motion seconded by Butch White
VOTE
For Passage Against Passage
Tom Cope
Lonnie Ford
Eluah Hatch
Skip Holland
Butch White
Absent
Gene Stille
Dwaine Barclay
Sam Gluck
Troy Mellon
RESOLUTION COZ20-0007
WESTERN EQUIPMENT & TRUCKING INC
PAGE 6
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, Knstine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on December 15, 2020
Dated the 15th of December, 2020
661.4611 i(2444tukt.
Kristine Ranslem
Secretary
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-\5 - ac3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 15, 2020
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, Butch White.
Absent: Gene Stille, Dwaine Barclay, Sam Gluck, Troy Mellon.
Also Present: Chris Gathman, Angela Snyder, and Maxwell Nader, Department of Planning Services;
Lauren Light, Department of Health; Melissa King, and Zack Roberson, Department of Public Works; Bob
Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ20-0007
WESTERN EQUIPMENT & TRUCKING INC
MAXWELL NADER
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
I-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -4059, BEING PART SE4 SECTION 11, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 46; WEST OF AND ADJACENT TO CR 35.
Maxwell Nader, Planning Services, presented Case COZ20-0007, reading the recommendation and
comments into the record. Mr. Nader stated that Dan's Garage is being relocated due to a CDOT project
proposed to go through his current property, which is approximately one (1) mile south of this location. He
noted that three letters of support were received for this project and submitted for the record. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Commissioner White asked what the outcome of the meeting was between the applicants and the City of
Evans. Mr. Nader said that they did not have any resolution. He added that the City of Evans had 21 days
to respond, which they did, and the applicant discussed options with the City of Evans; however, no decision
has been made.
Commissioner Holland asked if irrigation water was available and if is available if that would that change
Planning Staff's recommendation. Mr. Nader said it would depend on if it is being used or not. He added
that with the location and the applicant's situation with CDOT's proposed changes he said it makes sense
to move close to where his current location is, and it could be supported.
Zack Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control.
Eric Wernsman, 16495 Essex Road South, Platteville, Colorado, said that Dan's Garage has been in
business since 1978 and purchased the current property in 1999. The State of Colorado is requiring the
applicants to relocate so CDOT can install the Highway 85 bypass at County Road 44
Mr. Wernsman stated that the applicants are requesting the rezone so that they can reconstruct their facility
and continue their business along the Highway 85 corridor. He added that this proposed site is not within
one -quarter of a mile of the City of Evans' boundaries and the applicants do not feel that the additional cost
of annexing proved any value to them. He further added that the applicants have their own water and the
ability to provide sewer. He noted that the City of Evans does not have any services in this area.
1
In response to Commission Holland's previous inquiry regarding irrigation water, Mr Wernsman stated that
the property was dned up prior to the applicant purchasing the property He added that there was corn on
it last year, but it was with leased water
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 COZ20-0007 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 Butch White
Vote Motion carned by unanimous roll call vote (summary Yes = 5)
Yes Butch White, Eluah Hatch, Lonnie Ford, Skip Holland, Tom Cope
Meeting adjourned at 2 22 pm
Respectfully submitted,
45,iatintAna(am.
Knstine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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