HomeMy WebLinkAbout20200356.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO , PLANNING COMMISSION Iq - O LI
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: COZ19-0004
APPLICANT. RICHARD SACK
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-
3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART SW4NE4 SECTION 31 , T1N, R66W OF THE 6TH P.M. , WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 2.5, EAST OF AND ADJACENT TO ROCHA
WAY, APPROXIMATELY 740 FEET EAST OF US HIGHWAY 85.
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 22-2-70.A. states, "The intent of the industrial Goals is to establish industrial areas where a
balanced, diversified economy can be encouraged in an effort to maintain and enhance the quality of
life of Weld County citizens. "
The Highway 85 corridor just North of the southern border of Weld County has been developed into
an industrial area. Though a residential subdivision is adjacent to the property to the west, several
industrially-zoned properties and businesses surround this site.
Section 22-2-80.8 1. Goal 2. states, "Encourage appropriate industrial development to annex into a
municipality if the new or expanding industrial development is adjacent to the municipality's corporate
limits. "
The property is adjacent to the City of Brighton. The City of Brighton did not return a referral
response. Weld County does not have an Intergovernmental Agreement with the City of Brighton .
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.
Rocha Way, a fence and tall deciduous trees separate the property from a residential subdivision to
the west and most of the land in the vicinity of the property has industrial uses. Twenty-six (26)
surrounding property owners were sent notice and no responses were received. The Change of Zone
is compatible with existing land uses. Any future industrial uses will have to submit and receive
approval of a Site Plan Review. Design and development standards will need to be adhered to.
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.
The site is currently served by a well permitted for domestic use and a septic system permitted for
two (2) residences (SE-1100029) . The Department of Public Health and Environment, in their
November 27, 2019 referral indicated that the septic system will be required to be re-permitted for
commercial use at the time a site plan review is submitted for review. The Division of Water
Resources, in their November 12 , 2019 referral, indicated that the well would need to be re-permitted
for industrial purposes.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are adequate in
RESOLUTION COZ19-0004
RICHARD SACK
PAGE 2
size to meet the requirements of the proposed zone districts.
The property accesses onto County Road 2.5, which is maintained by the City of Brighton. The City
did not return a referral response. The applicant will need to contact Brighton to verify future and
existing right-of-way.
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 in a Municipal Separate Storm Sewer System (MS4)Area and water quality
and drainage improvements may be required when the site is developed through the Site Plan
Review process.
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.
The Mineral and Aggregate Evaluation, dated August 14, 2019, 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. Mineral Interest,Occidental Petroleum
Corporation, was notified of the proposed Change of Zone on January 9, 2020 and granted a
waiver from the thirty(30)day notification period according to the information submitted by the
applicant.
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.
The Mineral and Aggregate Evaluation,dated August 14,2019, submitted with the application did
not indicate any concerns with site soils.
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 to the 1-3 (Heavy Industrial) Zone District is
conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ19-0004. (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 shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
RESOLUTION COZ19-0004
RICHARD SACK
PAGE 3
4. This portion of County Road 2 1/2 is under the jurisdiction of the City of Brighton. Please contact
the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved
access on the site plan and label with the approved access permit number if applicable.
(Department of Public Works)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone, COZ19-0004, allows for 1-3(Heavy Industrial)uses which shall comply with the
1-3 (Heavy Industrial) Zone District requirements as set forth in Article III Division 4 of the Weld
County Code, as amended. (Department of Planning Services)
B. 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)
C. The existing residences shall be converted to non-residential uses, such as an office. (Department of
Planning Services)
D. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
E. 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 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)
F. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-Wide Road Fee Impact Program, the County Facility Fee, and the Drainage Impact Fee
Programs. (Department of Planning Services)
G. 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)
H. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
I. This site is located in the MS4 area and is subject to the regulations of the state-issued MS4 Permit.
(Department of Public Works)
J. If applicable,once any permanent control measure has passed final inspection by Public Works,the
site shall be routinely inspected at a frequency determined by Public Works, usually on an annual
basis unless otherwise noted, for the life of the control measure. Inspections occur to ensure the
permanent control measure remains fully operational and is being adequately maintained according
to the site's Operation and Maintenance Plan. Upon sale of the property, the responsibility of
maintaining permanent control measures shall be transferred to the new owner. (Department of
Public Works)
K. Water service may be obtained from an appropriately permitted well. (Department of Public Health
and Environment)
L. 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
RESOLUTION COZ19-0004
RICHARD SACK
PAGE 4
and Environment)
M. 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)
N. 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)
O. If land development exceeds six(6)months in duration,the responsible party shall prepare a fugitive
dust control plan,submit an air pollution emissions notice application,and apply fora permit from the
Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
P. 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)
Q. 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.
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 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
RESOLUTION COZ19-0004
RICHARD SACK
PAGE 5
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 (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. 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.
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 COZ19-0004
RICHARD SACK
PAGE 6
Motion seconded by Elijah Hatch.
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, 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 January 21, 2020.
Dated the 215'of January, 2020
Kristine Ranslem
Secretary
EXHIBIT
(126- tA uctc-5
I IV I ZD7.O SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
CO2-1q —ocXY--1
Tuesday, January 21 , 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 12:30 pm.
Roll Call.
Present: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light,
Department of Health: Mike McRoberts, Public Works; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER: COZ19-0004
APPLICANT: RICHARD SACK
PLANNER ANGELA SNYDER
REQUEST. CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
I-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART SW4NE4 SECTION 31 , Ti N, R66W OF THE 6TH P M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 2. 5, EAST OF AND ADJACENT TO ROCHA
WAY, APPROXIMATELY 740 FEET EAST OF US HIGHWAY 85.
Angela Snyder, Planning Services, presented Case COZ19-0004, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval.
Mike McRoberts, Public Works, reported on the existing traffic and access to the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on-
site dust control.
Commissioner Cope understands that there is a well on the property but asked if there is public water
available. Ms. Light wasn't sure if Central Weld County Water District has infrastructure that far.
Rick Sack, 14558 North Meadow Wood Street, Brighton, Colorado said that he purchased this property
from his grandparents. He said that a few years ago Weld County had asked them if they wanted to look
at rezoning the property, however, at that time they were not interested in rezoning their property. Now that
his grandparents are deceased it is harder to utilize the property with having 1-3 surrounding them so it
seems like a good time to rezone this property.
The Chair asked if Brighton has offered to serve water or sewer to the site. Mr. Sack said that there is
water by them, and Brighton had asked if they were interested in annexing: however, at that time they
weren't interested. He added that they haven't had any problems with the existing wells or septic.
Commissioner Cope asked if in the future there are problems with the well and the high-water table if
Brighton will require annexation to connect to public water and sewer. Mr. Sack couldn't answer that
question and added that his neighbor that surrounds two sides of this site also rezoned his property to 1-3
and just drilled a deeper well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
1
Motion: Forward Case COZ19-0004 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded
by Elijah Hatch.
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 3:30 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME-PLEASE PRINT LEGIBLY ADDRESS EMAIL
J oe 123 Nowhere Streel City,State,Zip
air gc'7 W it /277L7/
e e Coy.
Ave; rle�f+� ,I� 0 f ���` MP(/(o t�'.r�cJ— �(�I�1 jC
Rld R . � 04,4,1c, � C�0 6`�311 i �c.,�yr( •ca n�
ll�lo rlg- Sut“ Ur etccri Ieuskle-fie - - Vicopi
1q yr►erl 554 DTI, Plt� Crepiw l!am. ,c°a &�llI pnn ,ea pier 1ms
eli GI) \oll Wires\. R-t 1 sk.1t1 QL(, tT\ MME 1. 0 @. n;tilcre Wr . Orr
rV)eavil cArtirlAau in L5fx.) Ykikau,n 5t-, 547c, I U r{'in �1�C •sc ho�wut+ 616 C�-
Lt.Ie I d Faille �k s y ��
!fie �i S'sc� �f« vn7-' � r k or �� �-�-•
TFk1 C � C1�bs 364 7- w 2°t sr ASS& If'w -engratc cap,
il.( 1_ ZI-S lyot . D Rc tt. ':.,S.s,t 3500 6 are.,v,.33r)store :.. ec% Csyw -ro
//C 1,fr s�1 1st. 1-, 0,7,3- --6c r G 1� I L COI 1
1... r, QhG.LQVI 'g0 I K.k s-A,ecT DeiVCL C b zo6- c-1,-.i a Imo..-h-miA.m" co,,,.s
cleli0 gaAfeac hro-A dti05 SSA /057 1.4610--e-oftI ►. Ufp.edevarl
65.413 a.r 45141 DTe- ? +*b VIL.wate, eo Wit*1 CaP40z.g ry e).earl
prc- 1J'4/217- PV 3 1:0, P3' or mix/27-1140(41441aji5it Et.
1'N g /1D/ 94NM7Ck I NV/ Go 00 O 9" d rem 0 sorr:r-dam l4.(.44/4AN
r
Hello