HomeMy WebLinkAbout20210335.tiffBEFORE THE WELD COUNTY, COLORADO,. PLANNING COMMISSION
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:
LEGAL DESCRIPTION
LOCATION
COZ20-0008
ANDERSEN PROPERTIES. LLC
MICHAEL HALL
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT AND THE
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT TO THE I-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT.
PARCEL #2 OF SUBDIVISION EXEMPTION SE -1051; BEING A PART S2NE4
AND PART N2SE4 SECTION 29, T6N, R65W OF THE 6T" P.M.. WELD COUNTY,
COLORADO.
APPROXIMATELY 0.5 MILES NORTH OF CR 64 (O STREET): APPROXIMATELY
0.1 MILES EAST OF CR 39.5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-30.C.1 states: "Transition between land uses and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
While the proposed Change of Zone will better accommodate the existing land use of the subject
parcel which was and is industrial in nature, the applicants have identified the opportunity to
adequately buffer those surrounding land uses which are not industrial as part of this Change of
Zone. Specifically, there are several small residential lots located to the east of the subject lot, within
the Fagerberg Subdivision, which is zoned R-1 (Low -Density Residential). The draft Change of Zone
plat designates the far eastern portion of the parcel, located east of railroad track terminus and the
Eaton Draw, as a "No -Development Area". This area also contains lands designated as floodway and
floodplain and shall serve as a buffer, which provides assurance to surrounding residential property
owners of how close existing and future industrial activities may be to their properties. It is the
supposition of the buffer that potential industrial nuisances will dissipate with distance and thereby
conflicts will be mitigated between industrial and residential land uses. By incorporating a -No-
Development Area" on the COZ plat. the possible distance that an industrial use could occur to a
residence increases from approximately 300 -feet away to 660 -feet away.
Section 22-2-40.A.5 states.. "Encourage agglomeration economies of synergistic businesses."'
This property is located in an area that contains oil and gas production facilities, multiple railroad
spurs, and commercial, industrial and agricultural processing businesses including outdoor storage
yards, feedlots, metalworks and warehouses. This Change of Zone will rectify the zoning of the
property to be more consistent with the use of the property and characteristics of the area.
Additionally, the existing transloading use of this property is well suited due to the proximity to
highway transportation corridors and major railroad networks.
B. 23-2-30.A.2. — The uses which would be allowed on the subject property by granting the Change of
Zone will be compatible with the surrounding land uses.
The surrounding lands area are predominately a mix of production agricultural and commercial and
industrial uses, permitted under a variety of Site Plan Review and Use by Special Review permits.
This Change of Zone to I-3 and the uses permittable in that Zone District will be compatible with the
surrounding land uses.
RESOLUTION COZ20-0008
ANDERSEN PROPERTIES, LLC
PAGE 2
The Department of Planning Services sent notice to ten (10) surrounding property owners within 500 -
feet of the subject parcel No responses were received back
The subject site is located within City of Greeley's Long Range Expected Growth Area (LREGA) The
2060 Greeley Future Land Use Guidance Map identifies the subject site as an Employment,
Industrial, and Commercial Area, which supports the proposed I-3 zoning
C 23-2-30 A 3 — That adequate water and sewer service can be made available to the site to serve the
uses permitted within the proposed zone district
No water is required to serve the site which is a narrow step of land that contains the railroad spur
and concrete storage and loading pads Construction of structures reguinng a permanent water
source would be unlikely and would be addressed at the time of such permitting Employees will bnng
bottled water to the site during the days that they are instructed to load trains North Weld County
Water Distnct had no concerns with this application, per the referral dated November 13, 2020
Andersen obtained a septic permit (SP -0800119) in 2008 for a 1,000 gallon concrete vault
constructed in 2005 sized for two (2) people, tied to an on -site privy
Per the City of Greeley referral, dated November 5, 2020, if in the future, water and sanitary sewer
service are requested to the property, then annexation into the City of Greeley will be required prior to
the City of Greeley providing utility service Because of the nature of the proposed Change of Zone
and associated Site Plan Review, this is not required at this time
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 property is landlocked and does not access directly onto any maintained roadway Rather, at the
northern terminus of the County Road 39% nght-of-way, an access road travels east across Parcel
#1 of SE -1051, owned by Union Pacific, before entenng the subject parcel A nonexclusive roadway
easement agreement, recorded August 10, 2005, reception #3311586, is in place between Union
Pacific and Andersen Properties which allows for vehicular and pedestnan access and ingress and
egress and for the installation and operation of a one -inch (1") water line The parcel accesses the
regional transportation networks by means of a 0 5 mile connection south to O Street and a 0 35 mile
connection west to US Highway 85
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 (COZ) is not located within the Histonc
Townsite, Airport, I-25 or Geological Hazard Overlay Distnct The proposed Change of Zone is
located within a Special Flood Hazard Area The Department of Planning Services - Floodplain
referral dated October 20, 2020, provided conditions and considerations for development within
this area Compliance with the Floodplain requirements will be referenced as part of the COZ plat
map and upon the time of future development of the property including dunng the Site Plan
Review process No construction will be located in the flood hazard areas
2) Section 23-2-30 A 5 b — The proposed Change of Zone does not interfere with the present or
future extraction of mineral resources, more so than the existing zoning Union Pacific holds the
mineral interests on the property No concerns were expressed by Union Pacific dunng the
mineral notification component of this application Additionally, when this site was developed in
the past via USR, Union Pacific sent a letter, dated August 5, 2008, waiving the 30 -day notice
requirement prior to the Planning Commission heanng for Amended USR-1501, further
establishing that the mineral owner has reviewed this site and does not have an interest in
mineral extraction in this location
RESOLUTION COZ20-0008
ANDERSEN PROPERTIES. LLC
PAGE 3
3) Section 23-2-30.A.5.c. — The use on the subject property will not change with the approval of this
Change of Zone. The USDA Natural Resources Conservation Service (NRCS) Custom Soil
Report, as submitted in the application materials, described the property containing a variety of
fine and sandy loam soils that do not inhibit or preclude potential on -site construction. The West
Greeley Conservation District provided information regarding the soils on the site, which
corroborated the findings of the NRCS Soils Report.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant.
other relevant information regarding the request. and responses from referral entities.
THE CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT AND C-3 (BUSINESS
COMMERCIAL) ZONE DISTRICT TO THE I-3 (HEAVY INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL
UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The applicant shall acknowledge the advisory comments from the City of Greeley, as stated in the
referral response dated November 5, 2020. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
public Works Referral, dated October
27, 2020, relating to the proposed access location (access permit required). (Department of Public
Works)
2. The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ20-0008. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
C. Show and label the -No-Development Area" with a hatched or shaded fill pattern. (Department of
Planning Services)
D. Show and label the Eaton Draw (centerline and extent of bank). (Department of Planning Services)
E. All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number. (Department of Planning Services)
F. 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)
G. County Road 39 1 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. If the existing
right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code. The applicant
shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the
Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line.
This road is maintained by Weld County. (Department of Public Works)
H. The northern portion of County Road 39 % is an unmaintained right-of-way. The applicant shall verify
and delineate on the map the unmaintained right-of-way from the lots to and including the connection
to the maintained portion of County Road 39 %. Reference the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld
County. Any unmaintained road needs to be located/identified in relationship to the right-of-way.
RESOLUTION COZ20-0008
ANDERSEN PROPERTIES, LLC
PAGE 4
Show and label the Right -of -Way as "CR 39'/ Right-of-way, Not County Maintained " (Department of
Public Works)
I Show and label the existing access point and the usage type(s) (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)
J Show and label a 30 -ft minimum access and utility easement to provide legal access to the parcel on
the plat (Department of Public Works)
3 The following notes shall be delineated on the Change of Zone plat
1) Change of Zone, COZ20-0008 allows for I-3 (Heavy Industnal) Zone District uses which shall comply
with the requirements set forth in Chapter 23, Article III, Division 4 of the Weld County Code, as
amended (Department of Planning Services)
2) Any future structures or uses on site may be required to obtain approval through a Site Plan Review
or Use by Special Review and the appropnate zoning and budding permits (Department of Planning
Services)
3) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code (Department of Planning Services)
4) A Flood Hazard Development Permit is required for all construction or development occurnng in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map # 08123C -1533F dated September 17, 2020 and LOMR 15-08-573P dated
July 14, 2016 (Eaton Draw Floodplain) 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 by not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, dnlling operations, or storage of
equipment and materials (Department of Planning Services-Floodplain)
5) FEMA's floodplain boundaries may be updated at any time by FEMA Pnor to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified (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 (Department of Public Works)
7) The Access will be utilizing unmaintained County right-of-way Maintenance of the unmamtained
County nght-of-way will not be the responsibility of Weld County (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)
9) 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)
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)
RESOLUTION COZ20-0008
ANDERSEN PROPERTIES, LLC
PAGE 5
11) Pnor 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 plat (Department of Public
Works)
12) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Department of Public Works)
13) The historical flow patterns and runoff amounts will be maintained on the site (Department of Public
Works)
14) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be by
on -site wastewater treatment 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)
15) Activity or use on the surface of the ground over any part of the on -site wastewater treatment system
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)
16) 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)
17) 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)
18) 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)
19) 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 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
4 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic
copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services Upon
RESOLUTION COZ20-0008
ANDERSEN PROPERTIES, LLC
PAGE 6
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
5 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
heanng, revoke the COZ
6 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by
the Board of County Commissioners unless otherwise specified by the approving resolution of the Board
of County Commissioners However, no building permit shall be issued, and no use shall commence on
the property until the plat is recorded
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 penod
Motion seconded by Sam Gluck
VOTE
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
Against Passage Absent
I
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 January 19, 2021
Dated the 19"' of January, 2021
Knstine Ranslem
Secretary
P(, M YthdtS
ialoat
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. January 19, 2021
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: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland,
Tom Cope, Troy Mellon.
Also Present. Chris Gathman and Michael Hall, 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
COZ20-0008
ANDERSEN PROPERTIES. LLC
MICHAEL HALL
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT AND
THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT TO THE I-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT.
PARCEL #2 OF SUBDIVISION EXEMPTION SE -1051; BEING A PART S2NE4
AND PART N2SE4 SECTION 29. T6N, R65W OF THE 6' P.M., WELD COUNTY.
COLORADO.
APPROXIMATELY 0.5 MILES NORTH OF CR 64 (O STREET):
APPROXIMATELY 0.1 MILES EAST OF CR 39.5.
Michael Hall, Planning Services, presented Case COZ20-0008, reading the recommendation and
comments into the record. Mr. Hall said that this parcel currently consists of Agricultural zoning and a small
portion of C-3 (Business Commercial) zoning. This application seeks to rezone the property all to the I-3
(Heavy Industrial) zone district. He added that the split zoning appears to stem from a lack of detail and
proper surveying when this portion of the county located in northeast Greeley was rezoned in 1962. This
parcel was historically the Union Pacific Railroad right-of-way and was conveyed from Union Pacific to
Anderson Properties in 2005.
Mr. Hall stated that this property and railroad spur were permitted as an industrial use in the agricultural
zone district for a rail car loading area for recyclable materials for the offsite Anderson Salvage yard, under
USR-1501 in 2006. This USR did not accurately reflect the property boundary and did not mention that the
portion of this lot was zoned C-3. Therefore, following discussions with the applicant in February 2020, the
Department of Planning Services and Weld County Attorney's office deemed that a change of zone was
necessary to accommodate new proposed modifications to the existing rail loading facility.
Mr. Hall noted that no correspondence or phone calls were received from the surrounding property owners.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and notes on the plat.
Melissa King, Public Works, reported on the road classifications and access to the site. Ms. King requested
to delete Condition of Approval 1.B as it is not applicable at this time.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Dean Anderson, Anderson Sales and Salvage, 1490 East 8t" Street, said that they own 125 feet on each
side of the track. When they initially received their USR permit they stayed on the south side of the track
only. He added that their current application is to grow on the north side of the track to pre -stage material
there. Mr. Anderson said that there won't be any additional truck traffic and added that all of the shredded
and cut steel is shipped on rail from this site. By allowing them to expand on the north side, they can pre -
stage more material.
Commissioner Cope asked if the steel is coming from the site the applicant owns on East 8'h Street Mr
Anderson replied yes
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 the request from Public Works Staff regarding Condition of Approval 1 B
Motion Delete Condition of Approval 1 B, as recommended by Staff, Moved by Gene Stifle, Seconded
by Tom Cope 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 Daniel Alonzo, 4051 E 115th Place, Thornton, Colorado said that they have
worked with staff and have no concerns and replied that they are in agreement
Motion Forward Case COZ20-0008 to the Board of County Commissioners along with the Conditions of
Approval and nots on the plat with the Planning Commission's recommendation of approval, Moved by
Tom Cope, Seconded by Sam Gluck
Roll Call
Present Gene Stifle, Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Dwaine Barclay, Sam Gluck,
Butch White, Troy Mellon
Meeting adjourned at 1 16 pm
Respectfully submitted,
4 Aiesene-d Aelth-m,
Kristine Ranslem
Secretary
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