HomeMy WebLinkAbout20203090.tiff EXHIBIT
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BEFORE THE WELD COUNTY . COLORADO , PLANNING COMMISSION `• O60
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 : COZ20-0006
APPLICANT : BRIGGSDALE GAS AND GO . INC . , AND LASALLE RENTAL PROPERTY ONE . LLC
PLANNER : KIM OGLE
REQUEST : CHANGE OF ZONE FROM THE C-3 ( BUSINESS COMMERCIAL ) ZONE DISRICT
AND THE A (AGRICULTURAL ) ZONE DISTRICT TO THE C-3 ( BUSINESS
COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION LOT A REC EXEMPT RE -4730 AND LOT A 1AMRECX20-05- 1521 ; ALL BEING IN
PART SW4 SECTION 21 . T8N . R62W OF THE 6TH P M . . WELD COUNTY ,
COLORADO .
LOCATION : NORTH OF AND ADJACENT TO HWY 14 . APPROXIMATELY 0 . 5 MILES EAST OF
CR 77 .
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 -20 . H - A . Goal 8 . States " Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development . "
The property is adjacent to Colorado Highway 14 and County Road 77 an arterial status road and
near the townsite of Briggsdale . The property obtained a change of zone to C -3 ( Business
Commercial ) in 1995 . Historic use included a farm supply business permitted under USR-656 , with
current uses include the Briggsdale Gas & Go convenience store , fuel station and oil and propane
sales . Water service is obtained from Briggsdale Water Company .
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 Department of Planning Services sent out four (4 ) notices to surrounding property owners and
have received no letters in opposition to the change of zone request .
The property is not within the Airport Overlay District . The proposed Change of Zone does not
obstruct the airspace , or is otherwise hazardous to . the flight of aircraft in landing or taking off at the
airport .
There are six (2) residences within one- half mile of the immediate area , one immediately to the north ,
five ( 5 ) located to the west . east of County Road 77 . Briggsdale Townsite is approximately 0 . 5 miles
to the south of Colorado Highway 14 .
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 .
Briggsdale Water Company will be the water provider for the property . An on- site wastewater
treatment systems ( OWTS) will provide sewer services are proposed for 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 districts .
The Colorado Department of Transportation has jurisdiction over all accesses to State Highways .
This agency returned a referral response dated September 12 , 2020 indicating that an upgrade to the
RESOLUTION COZ20-0006
BRIGGSDALE GAS AND GO, INC., AND LASALLE RENTAL PROPERTY ONE, LLC
PAGE 2
current access permit was not warranted for this application.
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. - According to the "Geologic Hazard Area Map of Potential Ground
Subsidence Areas in Weld County, Colorado", dated May 10, 1978, the site is not in a
geologic hazard area.
According to the According to the Federal Emergency Management Agency Flood Insurance
Rate Map(FIRM) Maps the property is unmapped and the change of zone area does not lie
within a flood zone area.
2) Section 23-2-30.A.5.b. The Weld County Sand, Gravel Resources map, based on information
obtained from Colorado Geological Survey Special Publication 5-A, 1974 defines the Landform
Units as unevaluated. Given the size of the parcel and the current infrastructure on the property,
the economic viability of a mineral extraction appears to be non-viable.
3) Section 23-2-30.A.5.c. - Research conducted by the applicant based on Natural Resources
Conservation Service soil reports indicate that the fine sandy loam soils have limitations for
septic tank absorption fields due to slow water movement. There are no limitations for small
commercial buildings and residential construction. All permanent structures planned on the
site in the future will submit an engineered design for the structure to ensure that its
foundation is appropriate for the soils found where it is constructed.
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) and C-3 (Business Commercial) Zone Districts to the C-3
(Business Commercial)Zone District is conditional upon the following:
1. Prior to recording the plat:
A. All commercial vehicles located on the property must be operational with current license plates or be
removed from the property. All other items considered to be part of a noncommercial junkyard must
also be removed from the property, including all Pre-HUD mobile homes and debris.
B. The applicant and property owner shall submit for recording plat no. 1AM RECX20-05-1521
C. The applicant and property owner shall submit for recording plat no. 1AM RECX20-08-4730
D. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ20-0006. (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 rights-of-way shall be shown and dimensioned on the Change of
Zone plat. (Department of Planning Services)
4. 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)
5. 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)
RESOLUTION COZ20-0006
BRIGGSDALE GAS AND GO, INC., AND LASALLE RENTAL PROPERTY ONE, LLC
PAGE 3
E. The following notes shall be delineated on the Change of Zone plat:
1. Change of Zone, COZ20-0006, allows for C-3(Business Commercial)Zone District uses which
shall comply with the requirements as set forth in Chapter 23, Article III, Division 3 of the Weld
County Code. (Department of Planning Services)
2. 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)
3. Any future structures or uses on site must obtain approval through a Site Plan Review.
(Department of Planning Services)
4. Water service may be obtained from the Briggsdale Water Company.
5. 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)
6. 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)
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
County Environmental Health Services, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
8. 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)
9. 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)
10. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Planning Services)
11. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
12. 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)
13. 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)
RESOLUTION COZ20-0006
BRIGGSDALE GAS AND GO, INC., AND LASALLE RENTAL PROPERTY ONE, LLC
PAGE 4
14. 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)
15. 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.
16. RIGHT TO FARM STATEM ENT: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. 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
RESOLUTION COZ20-0006
BRIGGSDALE GAS AND GO, INC., AND LASALLE RENTAL PROPERTY ONE, LLC
PAGE 5
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.
3. Upon completion of Conditions of Approval 1. 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.
4. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the Change
of Zone 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 three (3) month period.
Motion seconded by Lonnie Ford.
VOTE:
For Passage Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
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.
RESOLUTION COZ20-0006
BRIGGSDALE GAS AND GO, INC., AND LASALLE RENTAL PROPERTY ONE, LLC
PAGE 6
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 October 6, 2020.
Dated the 6th of October, 2020
Michelle Wall
Secretary
EXHIBIT
PCAwlcAtS SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 13
10 I 101 202
Tuesday , October 6 . 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 : Gene Stille . Tom Cope . Lonnie Ford , Elijah Hatch , Skip Holland , Dwaine Barclay , Sam Gluck ,
Butch White .
Absent : Troy Mellon .
Also Present : Kim Ogle , and Diana Aungst . Department of Planning Services ; Lauren Light , Department
of Health ; Melissa King , and Zack Roberson , Department of Public Works ; Bob Choate , County Attorney ,
and Michelle Wall , Secretary .
CASE NUMBER : COZ20-0006
APPLICANT : BRIGGSDALE GAS AND GO , INC . ; AND LASALLE RENTAL PROPERTY ONE .
LLC
PLANNER : KIM OGLE
REQUEST : CHANGE OF ZONE FROM THE C-3 ( BUSINESS COMMERCIAL ) ZONE
DISRICT AND THE A (AGRICULTURAL ) ZONE DISTRICT TO THE C-3
( BUSINESS COMMERCIAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT A REC EXEMPT RE -4730 AND LOT A 1AMRECX20-05- 1521 : ALL BEING
IN PART SW4 SECTION 21 . T8N , R62W OF THE 6TH P M . . WELD COUNTY .
COLORADO .
LOCATION : NORTH OF AND ADJACENT TO HWY 14 . APPROXIMATELY 0 . 5 MILES EAST
OF CR 77 .
Kim Ogle , Planning Services . presented Case COZ20-0006 , reading the recommendation and comments
into the record . An active zoning violation (ZCV19- 00301 ) was noted on one parcel this Change of Zone
will encompass . Mr. Ogle explained the violation was initiated due to the presence of commercial storage
of mobile homes on site without the required land use permits . There are also three dwelling units on the
site . Approval of this application will permit one existing single-family dwelling that will be used as living
quarters for the proprietor , employee , caretaker of the business . The applicant will need to submit an
amended Site Plan Review 1 AMSPR20- 12-0007 application for the expansion of the commercial
component located on the newly created 14-acre parcel . 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 .
Sheri Lockman , Lockman Land Consulting LLC , 36509 County Road 41 , Eaton , Colorado representing the
applicant . Ms . Lockman said the applicant has been working on this project for years with the plan to
expand the commercial use . She said that being along Highway 14 , makes this site perfect . Ms . Lockman
said that the Recorded Exemptions on the property are being amended and are conditionally approved by
staff. She said there are a couple conditions that still need to be met before the plats are recorded . Ms .
Lockman said the applicant would like to expand the commercial location and permit the uses that are there
through the Site Plan Review process . The applicants want to bring the site into compliance .
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 to come up to the podium .
Angela Holloway . 44364 County Road 77 , Briggsdale , Colorado .
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 COZ20-0006 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 Tom Cope, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 8).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 12:50 pm.
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
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