HomeMy WebLinkAbout20201390.tiff E HIB1T
A
BEFORE THE WELD COUNTY , COLORADO . PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch , 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 : COZ20-0001
APPLICANT : SANDRA MIRANDA, SCOTT GILLIS , JILL MARIE VEGA, AND MILTON ESTEBAN
VEGA
PLANNER : MAXWELL NADER
REQUEST : CHANGE OF ZONE FROM THE C-4 ( HIGHWAY COMMERCIAL ) ZONE DISTRICT
TO THE C-3 ( BUSINESS COMMERCIAL ) ZONE DISTRICT AND CHANGE OF
ZONE FROM THE A (AGRICULTURAL ) ZONE DISTRICT TO THE C-3 (BUSINESS
COMMERCIAL ) ZONE DISTRICT
LEGAL DESCRIPTION : LOTS 3 AND 4 OF MINOR SUBDIVISION , S-293 ; BEING PART OF SECTION 1 ,
T2N , R63W OF THE 6TH P . M . . WELD COUNTY . COLORADO .
LOCATION : NORTH OF AND ADJACENT TO I -76 FRONTAGE ROAD , APPROXIMATELY 175
FEET WEST OF CR 73.
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- 100. G. 1 . - C. Policy 1 . 2. states, "Encourage new commercial development within
existing commercial areas. "
The proposed location of the Change of Zone has six (6 ) existing properties that are zoned either C-3
( Business Commercial ) or C-4 ( Highway Commercial ) surrounding it .
The majority of surrounding properties went through Change of Zone processes in the 1970s and
1980s with one exception in early 2000 , being these subject parcels . These previous rezones show
the commercial identity of this area . Two of the adjacent properties are currently being utilized at a
commercial level , one being a Conoco Gas Station and the other being the Roggen motel . The
property to the southwest is vacant without improvements .
The proposed Change of Zone will create more land available for sound commercial development
and will help keep the commercial uses out of the A (Agricultural ) Zone District in the County .
Section 22-2- 100 - C. Goal 5. states "Minimize the incompatibilities that occur between commercial
uses and surrounding properties. "
The proposed use of this property is an outdoor storage facility . Following the approval of this
Change of Zone , a pending Site Plan Review will be processed and a condition of approval will be in
place that the applicant must install a six ( 6 ) foot tall metal fencing around the entire perimeter of the
property to screen from adjacent properties and public rights of way and to provide security to the
facility . If the Site Plan Review submitted is not approved , future commercial uses will adhere to
operation and design standards that will protect surrounding property owners .
Section 22-2- 100 - C. Goal 6. states "Consider how transportation infrastructure is affected by the
impacts of new or expanding commercial developments. "
The Colorado Department of Transportation stated in their referral dated , March 30 , 2020 , that the
applicant is not responsible for building any highway improvements , but the access off of the frontage
road will require an access permit . Due to the location of the property there will not be any direct
damages to County roads . Additionally , the frontage road is designed for this type zoning and the
RESOLUTION COZ20-0001
SANDRA MIRANDA, SCOTT GILLIS, JILL MARIE VEGA, AND MILTON ESTEBAN VEGA
PAGE 2
allowed uses that come with it but will need upgrades as it is a two-track road now.
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 Weld County Department of Planning Services sent notice to six(6)surrounding property owners
within five hundred (500)feet. There were two phone calls received from the owner of the Conoco
Gas Station and the Roggen Motel, neither had concerns.
The properties to the east and west are zoned C-3 (Business Commercial) and C-4 (Highway
Commercial). The properties to the north and south are zoned A (Agricultural).There are four (4)
more commercially zoned properties within State Highway Interstate 76, Exit 48. There is a gas
station and motel to the north east of the subject property.The unincorporated town of Roggen is on
the south side of Interstate Highway 76. The community of Roggen will benefit from the proposed
change of zone and the subsequent potential for new commercial development. Furthermore,
Interstate Highway 76 creates a natural buffer from the commercial development to the residential.
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.
Future on-site development will be served by a proposed commercial well and proposed commercial
on-site wastewater treatment system (OWTS). The Weld County Department of Public Health and
Environment has included specific development standards in the referral dated March 18,2020 that
require the property owner to submit application, be approved and constructed for a commercial well
and septic system.
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 access is located on the Interstate Highway 76 Frontage Road at Exit 48. The Colorado
Department of Transportation stated in their referral dated, March 30, 2020, that the applicant is
required to obtain an access permit prior to developing the site and is a requirement of,SPR20-0003,
an administratively approved application in conjunction with this change of zone.
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 District,
Geological Hazard Area or a Special Flood Hazard Area.
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. Additionally, the applicant sent out notice to the one
mineral owner listed of the proposed change of use and other related cases. No comments from
the mineral owner were received.Additionally,the parcel of land was one part of a platted Minor
Subdivision approved in 1988. The size, location and configuration of the property does not
allow for an economically viable extraction of any mineral resource.
3) Section 23-2-30.A.5.c.-The Natural Resources Conservation Service Soil Survey dated March
22,2016 indicated Osgood sand and Valent sand were encountered. Both soils are well draining
soils and acceptable locations for development.
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.
Change of Zone, COZ20-0001, from the C-4 (Highway Commercial) and A (Agricultural)Zone District Zone
District to the C-3 (Business Commercial) Zone District is conditional upon the following:
RESOLUTION COZ20-0001
SANDRA MIRANDA, SCOTT GILLIS, JILL MARIE VEGA, AND MILTON ESTEBAN VEGA
PAGE 3
1. Prior to recording the plat:
A. The applicant shall provide to the Weld County Department of Planning Services a copy of the
access permit issued by the Colorado Department of Transportation (CDOT)which grants access to
State Highway Interstate 76, or written evidence that the applicant has complied with the
requirements of the Colorado Department of Transportation (CDOT). (Department of Planning
Services)
B. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ20-0001. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of
Planning Services)
C. All recorded easements shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
D. Show the Colorado Department of Transportation(CDOT)right-of-way on the plat along with the
documents creating the right-of-way. (Department of Public Works)
E. Show the approved Colorado Department of Transportation (CDOT)access point(s)on the plat
and label with the approved access permit number if applicable. (Department of Public Works)
3. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ20-0001, allows for C-3(Business Commercial)uses which shall comply with
the C-3 (Business Commercial) Zone District requirements as set forth in Chapter 23, Article III
Division 5 of the Weld County Code. (Department of Planning Services)
2) Water service may be obtained from an appropriately permitted well. (Department of Public Health
and Environment)
3) 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)
4) 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)
5) 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)
6) 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)
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)
RESOLUTION COZ20-0001
SANDRA MIRANDA, SCOTT GILLIS, JILL MARIE VEGA, AND MILTON ESTEBAN VEGA
PAGE 4
8) 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
rights of use of such easements. (Department of Public Works)
9) 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)
10) The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
11) 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)
12) Any future structures or uses on site must obtain approval through a Site Plan Review. (Department
of Planning Services)
13) Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes,2006 International Energy
Code, and 2017 National Electrical Code.A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review.A Geotechnical Engineering Report,performed by a Colorado
registered engineer, shall be required or an Open Hole Inspection. (Department of Planning
Services)
14) 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)
15) 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)
16) 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.
17) 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
RESOLUTION COZ20-0001
SANDRA MIRANDA, SCOTT GILLIS, JILL MARIE VEGA, AND MILTON ESTEBAN VEGA
PAGE 5
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. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-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
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., 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 water.
Weld County covers 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 served
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 law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel roads, no matter
how often they are bladed, will not provide the same kind of surface expected from a paved 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.
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
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. 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 period.
Motion seconded by Lonnie Ford.
RESOLUTION COZ20-0001
SANDRA MIRANDA, SCOTT GILLIS, JILL MARIE VEGA, AND MILTON ESTEBAN VEGA
PAGE 6
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 5, 2020.
Dated the 5th of May, 2020
grYkrild-16 c-_. WC"-
Michelle Wall
Secretary
EXHIBIT
c Cid
vs\wwits
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING coz5 5 -.dam • • 1
Tuesday , May 5 , 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,
Michael Wailes , at 12 : 44 pm .
Roll Call .
Present : Michael Wailes , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck , Elijah Hatch ,
Skip Holland .
Also Present : Kim Ogle , Diana Aungst , and Maxwell Nader, Department of Planning Services ; Lauren
Light , Department of Health ; Mike McRoberts and Melissa King , Public Works ; Bob Choate , County
Attorney , and Michelle Wall , Secretary .
CASE NUMBER : COZ20-0001
APPLICANT : SANDRA MIRANDA, SCOTT GILLIS , JILL MARIE VEGA , AND MILTON
ESTEBAN VEGA
PLANNER : MAXWELL NADER
REQUEST : CHANGE OF ZONE FROM THE C-4 ( HIGHWAY COMMERCIAL ) ZONE
DISTRICT TO THE C-3 ( BUSINESS COMMERCIAL ) ZONE DISTRICT AND
CHANGE OF ZONE FROM THE A (AGRICULTURAL ) ZONE DISTRICT TO THE
C-3 ( BUSINESS COMMERCIAL ) ZONE DISTRICT
LEGAL DESCRIPTION : LOTS 3 AND 4 OF MINOR SUBDIVISION , S-293 ; BEING PART OF SECTION 1 ,
T2N , R63W OF THE 6TH P . M . , WELD COUNTY . COLORADO .
LOCATION : NORTH OF AND ADJACENT TO 1 -76 FRONTAGE ROAD , APPROXIMATELY
175 FEET WEST OF CR 73 .
Maxwell Nader, Planning Services , presented Case COZ20-0001 , reading the recommendation and
comments into the record . Staff received two phone calls from surrounding property owners who did not
have concerns . A letter of opposition , dated April 23 , 2020 , was received that outlined concerns regarding
the use of the service to develop oil and gas . The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards .
Melissa King , 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 , on-site
dust control , and the Waste Handling Plan .
Chad Cox , Western Engineering Consultants , 127 South Denver Avenue , Fort Lupton , Colorado is
representing the applicants . Mr. Cox explained the applicant is requesting a Change of Zone and proposing
a Site Plan Review for outdoor RV storage . He explained there is an existing tower and structure on the
property that will remain ; no other structures are being proposed . Mr. Cox said the applicant wishes to use
proposed Lot 4 for the RV parking . He said the existing tower meets the Weld County oil and gas setbacks .
Mr. Cox said they believe the Change of Zone will clean up the zoning gap and enhance the existing
commercial development in the area .
Commissioner Cope asked Mr. Cox if the setbacks make the property un- permittable or do not allow any
additional structures on the property . Mr. Cox said that fee mineral owner' s attorney requested the applicant
waive any future setback concerns . He said the mineral owners are concerned about new structures on
the property , but the applicant does not plan to build any . Mr. Cox said he understands the original plan
for this property was vertical drilling , but because of setbacks , oil wells would not be permittable .
Bob Choate , County Attorney , explained that there are drilling windows on each property section . Drilling
windows were used before horizontal drilling was a technology . The owners of the underlying minerals
objected to the Change of Zone application . Mr. Choate explained that Mr. Cox ' s diagrams are showing
that the property is not feasible to drill on . Mr. Choate said it is unlikely that a WOGLA permit would be
issued for any portion of the proposed property that would be under the Change of Zone . He said that the
minerals could be accessed from adjacent properties or from a couple miles away. Mr. Choate said there
is no legal obligation to accommodate the mineral owner's request.
Commissioner Cope explained he was confused. He thought Mr. Cox was talking about the "Change of
Zone" permit was un-permittable, however, the applicant was saying a "drilling" permit would not be
permittable.
Mr. Choate clarified that the Change of Zone request is what the Planning Commission is making a decision
on today. If the applicant chooses to move forward with the RV outdoor storage, that would be a Site Plan
Review that would be an administrative process by the Planning Department. Mr. Choate explained the
applicant could change their mind and apply for any use allowed in the Commercial-3 Zone.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream.
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 COZ20-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Elijah Hatch, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
Meeting adjourned at 3:29 pm.
Respectfully submitted,
Michelle Wall
Secretary
c 2,6)29
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street/ City, State, Zip
C! 4 (7 21 f S. i 1/e r Ave, �� �t� ' � k 71 �!rl OM?, G' - 01 VI/Met "� c��" ! � , CG3-Y1
alt.( (CC / n, Wei° hanee -) J
i ? rV&t r e • I { . ' ' 9--ez-ns tot/ (Pail
J�� 5 h , ;s / 2 / 1 �1 f��� � C�'r'" � � c r IS `0 K. C-et9- h ,
CASE N'U141BER; C 'ilVpl itt(21411;
NAME 0
ADDRESS:n�
—
- 1C
EMAIL: C ititC: 0441
PHONE : �� CM 75211 CASE NUMBER : Zar) � D431
NAME: a: Cm a Vefilise ADDRESS: gi,PC vinalltr` Afrei slay- Ps°
is Co
•
EMAIL: j fir 1/ ✓
04"4$144Caphry
CASE NUMBFR: acidif I 7� PHONE : 9 77,190 stn. -- --
NAME: t
ADDRESSS Lila' Cr
Abi'vki 69 SreePar
EMAIL: A it•Siwt 2 ees:Ci: a
PHONE: ,� J tJpS� CASE NUMBER : +LC� � — i�
NAME: itketkelife _
ADDRESS:_, elf,17,___,S5nLI
irr_re_G,mil �
PHONE :Se 590 4ô &i
Hello