HomeMy WebLinkAbout20200119.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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: COZ19-0002
APPLICANT: DANIEL AND JANNA MILLER
PLANNER- ANGELA SNYDER
REQUEST- CHANGE OF ZONE FROM THE R-1 (LOW DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT
LEGAL DESCRIPTION . LOT 1 RESUBDIVISION RES19-0008 OF LOT 3 UNION COLONY LAND
SUBDIVISION , BEING PART SE4SW4 SECTION 9, T5N, R65W OF THE 6TH
P. M. . WELD COUNTY_ COLORADO.
LOCATION. SOUTH OF AND ADJACENT TO E 18TH ST. APPROXIMATELY 0. 13 MILES
WEST OF BALSAM AVE .
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
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 22-2-90.A. states ". . . The purpose of commercial development Goals is to characterize, by
intensity, those areas throughout the County for retail, offices, services and other similar uses.
Commercial uses are primarily located along major roadways, at major intersections and in
commercial parks designed to accommodate these uses. . . "
The proposed change of zone is located adjacent to East 18"' Street. also known as East U. S.
Highway 34, which is maintained by Colorado Department of Transportation and therefore considered
to be arterial which can support traffic generated from a commercial use.
Section 22-2-90. C states "Generally, commercial development is located within or adjacent to existing
urban areas. "
Part of East 18"' Street and adjacent properties have been annexed into the City of Greeley. The
intersection of East 18"' Street is with U.S. Highway 85 and is defined a Development Node.
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.
Though several residences still exist along East 18'h Street, more than fifty percent of the lots have
commercial or industrial zoning or are non-conforming commercial uses with residential zoning. South
of the subject lot is an existing residential subdivision, "Sommersett of Greeley," therefore staff will
recommend with the Site Plan Review that the commercial use of the property be buffered and
screened from adjacent surrounding properties. Existing landscaping buffers the shop from the street.
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.
A statement from the City of Greeley dated April 9, 2019 was provided with the application, stating
that water and sewer service could be made available to the site, however annexation will be a
condition of service. The applicant intends to annex the property to Greeley once the business
increases to the level that bottled water and portable toilets are no longer allowed.
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.
East 18'" Street is a two-lane U .S. Highway. In the referral response dated July 22 . 2019. the
RESOLUTION COZ19-0002
DANIEL AND JANNA MILLER
PAGE 2
Colorado Department of Transportation requested a future right-of-way reservation of seventy-five
(75') feet on either side of the highway centerline to provide for future expansion.
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. — If the proposed Change of Zone is located within any Overlay District
identified by maps officially adopted by the County, that the applicant has demonstrated
compliance with the County regulations concerning Overlay Districts. Compliance may be
demonstrated in a previous public hearing or in the hearing concerning the rezoning application.
The site is located within the Airport Overlay District. Any development will need to comply with
the Greeley-Weld Airport regulations.
2) Section 23-2-30.A.5. b. - That the proposed rezoning will not permit the use of any area known to
contain a commercial mineral deposit in a manner which would interfere with the present or future
extraction of such deposit by an extractor to any greater extent than under the present zoning of
the property.
Mineral Owners were notified of the proposed Change of Zone on June 28. 2019 according to the
information submitted by the applicant. The geology report submitted with the application
indicates that the site is not located within an area recognized as having economically
recoverable sand and gravel or other metallic resources.
3) Section 23-2-30.A.5.c. - If soil conditions on the site are such that they present moderate or
severe limitations to the construction of structures or facilities proposed for the site. that such
limitations can be overcome and that the limitations will be addressed by the applicant and/or
the applicant's successors or assigns prior to the development of the property
According to the geology report submitted with the application , the soils could support lightly
loaded structures and that deep foundation systems could be employed to support heavy
foundation loads. Soils were not found to be flood prone.
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 R-1 (Low Density Residential) Zone District to the C-3 (Regional Commercial)
Zone District is conditional upon the following:
1 . Prior to recording the plat:
A. The applicant shall attempt to address the City of Greeley comments. as stated in the July 16. 2019
referral response. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services.
B. The applicant shall attempt to address the Colorado Division of Water Resources! as stated in the
June 19. 2019 referral response_ Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
C. The plat shall be amended to delineate the following :
1 . All pages of the plat shall be labeled COZ19-0002 . (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)
RESOLUTION COZ19-0002
DANIEL AND JAN NA MILLER
PAGE 3
3. All recorded easements shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
4. All approved accesses shall be delineated on the plat. (Department of Planning Services)
5. State Highway 34 requires 150 feet right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 75 feet from the centerline of State Highway 34 shall be delineated as
future right-of-way on the plat. (Department of Planning Services)
6. East 18th Street is a portion of the Highway 34 business route which is under the jurisdiction of
the Colorado Department of Transportation (CDOT). The applicant shall delineate and label on
the site map or plat the existing right-of-way and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. Show the approved Colorado Department of
Transportation (CDOT) access on the site plan and label with the approved access permit
number. (Department of Public Works)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for C-3 (Regional Commercial) uses which shall comply with the C-3
(Regional Commercial) Zone District requirements as set forth in Article III Division 3 of the Weld
County Code. (Department of Planning Services)
B. Water service may be obtained from the City of Greeley or an appropriately permitted well.
(Department of Public Health and Environment)
C. Sanitary sewer service may be obtained from the City of Greeley. (Department of Public Health and
Environment)
D. 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)
E. 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)
F. 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)
G. 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)
H . 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)
I . Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
J . Building permits may be required, for any new construction or set up manufactured structure. per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
RESOLUTION COZ19-0002
DANIEL AND JANNA MILLER
PAGE 4
the time of permit application. Currently the following has been adopted by Weld County: 2018
International Building Codes: 2018 International Residential Code. 2006 International Energy Code:
2017 National Electrical Code: and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction . (Department of Building
Inspection)
K. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-Wde Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs. (Department of Planning Services)
L. 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)
M. 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)
N. A access anc uti ity easement are decicatec -or tie benefit of a owners o: -ots ceoictec 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)
O. The site is located in the Municipal Separate Storm Sewer System (MS4) designated area and is
required to comply with any applicable MS4 regulations. (Department of Public Works)
P. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
Q. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some ofthe most
s
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 states 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 theirgeographical and geophysical locations. Moreover. these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
R. RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in
the United States. typically ranking in the top ten counties in the country in total market value of
agricultural products sold . The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views. spaciousness. wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms. those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm
RESOLUTION COZ19-0002
DANIEL AND JAN NA MILLER
PAGE 5
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.
3. Upon completion of Conditions of Approval 1 . and 2. above, the applicant shall submit one 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
Pp p P Y 9
fee.
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording
within one-hundred-twenty ( 120) days of approval by the Board of County Commissioners.
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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 be added for each additional 3-
month period.
RESOLUTION COZ19-0002
DANIEL AND JANNA MILLER
PAGE 6
Motion seconded by Elijah Hatch.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stifle
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 , Kristine Ranslem , Recording Secretary for the Weld County Planning Commission. do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 17. 2019.
Dated the 17th of September. 2019
&naLni,
Kristine Ranslem
Secretary
L tni\\\(1 \k -e$ EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 17. 2019
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: 30 pm.
Roll Call.
Present: Bruce Johnson, Elijah Hatch . Lonnie Ford, Michael Wailes, Richard Beck.
Absent/Excused : Skip Holland, Gene Stille, Tom Cope.
Also Present: Diana Aungst and Angela Snyder, Department of Planning Services; Lauren Light,
Department of Health ; Hayley Balzano and Mike McRoberts. Public Works: Bob Choate.. County Attorney,
and Kris Ranslem . Secretary.
CASE NUMBER. COZ19-0002
APPLICANT: DANIEL AND JANNA MILLER
PLANNER ANGELA SNYDER
REQUEST CHANGE OF ZONE FROM THE R-1 (LOW DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE C-3 ( BUSINESS COMMERCIAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT 1 RESUBDIVISION RES19-0008 OF LOT 3 UNION COLONY LAND
SUBDIVISION, BEING PART SE4SW4 SECTION 9. T5N. R65W OF THE 6TH
P. M. . WELD COUNTY, COLORADO.
LOCATION SOUTH OF AND ADJACENT TO E 18TH ST: APPROXIMATELY 0. 13 MILES
WEST OF BALSAM AVE.
Angela Snyder. Planning Services. presented Case COZ19-0002, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and plat notes.
Mike McRoberts. Public Works. reported on the access to the site and drainage conditions for the site.
Lauren Light. Environmental Health , reviewed the public water and sanitary sewer requirements. Ms. Light
requested to add the comments from her referral relating to sewer/water service and dust to the Notes to
the Plat Item 2. B through 2. G and re-letter accordingly.
Kelsey Bruxvoort. AGPROfessionals, 3050 67th Avenue, Greeley, stated that she is representing the
applicants. The request is to change the zone from the R-1 to the C-3 Zone District. This request is
submitted in conjunction with the Resubdivision which was approved and a Site Plan Review that will be to
follow.
Ms. Bruxvoort said that the site is impacted by various historic plats, county rulings and surrounding urban
development. The Resubdivision split the parcel into a 1 . 26 acre lot and a 3.55 acre lot and the change of
zone request is for the 1 .26 acre parcel. The site is currently irrigated for hay production and the applicants
intend to operate a diesel repair shop out of the existing building on site while maintaining the ability to farm
hay and build a residence for themselves in the future. To operate the diesel repair shop, the change of
zone and site plan review are required. To maintain the farming and residential uses. the resubdivision is
required to split the commercial use.
Ms. Bruxvoort provided visual slides on the historic zoning of the area. She also showed the current zoning
surrounding the property and noted that many of the properties have commercial or industrial zoning.
Ms. Bruxvoort said that there is an existing well on site and they have been working with Central Colorado
Water Conservancy District to augment the existing well for commercial and domestic uses. She added
that the City of Greeley could provide water and they have obtained a Can Serve Letter for the resubdivision
process as part of the requirement. however it would likely require annexation and be cost prohibitive.
1
Therefore. they think that augmenting the well is the best solution for the property at this time. There are
no sanitary sewer lines within 400 feet that can currently serve the property so they are proposing septic
systems.
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 Staff if there were any changes to the Resolution. Mr. McRoberts referred to Plat Note
2.H and added that this note was written at a time when Staff thought there would be an actual access and
utility easement to Lots A and B associated with the resubdivision. However. Staff has agreed with the
Board of County Commissioner's approval to provide 30 feet of right-of-way and added that this note can
be removed.
Motion : Delete Plat Note 2. H. as recommended by Staff. Moved by Bruce Johnson, Seconded by Richard
Beck. Motion carried unanimously.
Ms. Light said that they applicant stated they are working on an augmentation plan for a well. Therefore,
she requested to add "or an appropriately permitted well' to #1 of her referral comments. Additionally. she
requested adding the Staff's referral comments to Plat Note 2. B through 2. G and re-letter accordingly.
Motion : Add language requested by Staff to #1 of Environmental Health referral, Moved by Michael
Wailes, Seconded by Elijah Hatch. Motion carried unanimously.
Motion : Add Environmental Health referral comments to Plat Notes 2. B through 2. G. Moved by Michael
Wailes. Seconded by Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval and Plat
Notes and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case COZ19-0002 to the Board of County Commissioners along with the Conditions of
Approval and Plat Notes with the Planning Commission's recommendation of approval, Moved by Bruce
Johnson , Seconded by Elijah Hatch .
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck.
Meeting adjourned at 1 :41 pm.
Respectfully submitted.
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Kristine Ranslem
Secretary
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