HomeMy WebLinkAbout20183360.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION LOZ/ S -- r ®
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 : COZ18-0004
APPLICANT: NGL WATER SOLUTIONS DJ , LLC
PLANNER : KIM OGLE
REQUEST: CHANGE OF ZONE FROM 1-3 ( INDUSTRIAL) ZONE DISTRICT AND A
(AGRICULTURE) ZONE DISTRICT TO THE 1-3 ( INDUSTRIAL) ZONE DISTRICT
LEGAL DESCRIPTION : LOT B 2ND CORR REC EXEMPT RE-3362 ; PART NE4 SECTION 30 , TIN , R66W
OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : WEST OF AND ADJACENT TO CR 27 ( MAIN STREET) AND APPROXIMATELY
1300 FEET SOUTH OF CR 6 ( CROWN PRINCE BOULEVARD) .
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 . G — A. Policy 7 . 3 states " Conversion of agricultural land to urban residential ,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area , Urban Growth Boundary area , Regional Urbanization Area or
Urban Development Nodes , or where adequate services are currently available or reasonably
obtainable . A municipality' s adopted comprehensive plan should be considered , but , should not
determine the appropriateness of such conversion . "
The City of Fort Lupton adopted a Three Mile Area Plan in January 2018 that provides criteria to be
considered when determining which lands near the City might be desirable for annexation . The
proposed change of zone parcel is located in Quadrant IV, is located south of County Rcad 6 , is
outside of the Fort Lupton City Limits and is without a designation including " Infill . "
The City of Fort Lupton Comprehensive Plan adopted May 2018 identifies County Road 6 as the
Brighton IGA Annexation Boundary Line . The Brighton agreement signed in 2009 defines a growth
boundary line between the municipalities in an effort to promote sustainable development and avoid
duplication of resources .
The Future Land Use Map identifies lands adjacent to State Highway 85 between County Road 8 and
County Road 2 west of County Road 27 as Park and Open Space and yet the Annexation Strategy
presented in the Comprehensive Plan does not include any lands south of County Road 6 .
Community identify is an important element to create a positive image to the City and to welcome
individuals to a community , the southern gateway to the City is identified as County Road 8 at State
Highway 85 and at County Road 8 and County Road 27 , North Main Street.
The City of Brighton developed a Future Land Use Plan as part of the 2016 Comprehensive Plan .
Their Future Land Use Plan identifies appropriate future mix of uses and development intensity for a
specific area . For example , the area east of US 85 and north of 168th Avenue is assigned an
Employment Industrial land use designation to encourage that land be retained for a mix of offices ,
flex-office , and light industrial uses such as regional headquarters for energy companies. Further east
of Main Street the designation changes to Industrial to accommodate heavier industries such as
manufacturing and outdoor assembly and storage in closer proximity to rail .
The City of Brighton Community Development Map identifies County Road 27 (North Main Street()
and County Road 6 (Crown Prince Boulevard ) between State Highway 85 and west of County Road
31 as annexed and maintained by the City . For all lands annexed by the City of Brighton industrial
zoning and industrial uses are prevalent.
The proposed Change of Zone to address the spilt zoning on the property is compatible with the
current Comprehensive and Future Development Plans for both municipalities.
Section 22-2-80.A.2 - Industrial Goals and Policies 1.Policy 1.2 states "Encourage new industrial
development within existing industrial areas."
The property has a split zone district with approximately 19 acres zoned Industrial via a Change of
Zone No. 45 approved on October 23, 1963 with the remaining 35 acres zoned Agriculture.
The proposed change of zone is adjacent to State Highway 85 to the west and County Road 27(N.
Main Street)to the east and adjacent to lands annexed by the City of Brighton in 2014. The lands
adjacent to or surrounding this property are either zoned Industrial or have industrial related uses
permitted on the property.
Section 22-2-80.F.-Industrial Goals and Policies (.Goal 6 states"Minimize the incompatibilities that
occur between industrial uses and surrounding properties."
Should this change of zone be approved, any proposed uses on the site will require a Site Plan
Review or a Use by Special Review permit(depending on the use)prior to developing the site. Uses
will need to meet the Industrial operational and design standards delineated in Sections 23-3-340 and
23-3-350 of the Weld County Code. These standards address drainage, parking, loading, setbacks,
landscaping, lot coverage, noise, lighting et cetera.
Section 22-2-80.D— Industrial Goals and Policies, (.Goal 4 states "All new industrial development
should pay its own way."
The applicant will be responsible for covering all costs for all on-site and any applicable off-site
improvements associated with this use.
Section 22-6-20—Economic development Goals and Policies, ECON.Goal 5 states"Recognize and
promote specific places and resources in the County that can uniquely support economic
development."
If approved, the change of zone will expand the existing 1-3 Industrial Zoning creating a parcel of
land that is a "shovel-ready" industrial site, where primary job providers would be able to develop
and promote the expansion and diversification of the Industrial economic base.
Section 23-3-330 of the Weld County Code states"Intent.The purpose of the 1-3 Zone District is to
provide a zone to accommodate industrial uses which may create adverse visual impacts for
adjacent uses.As a result, such uses may require locations relatively isolated from other land use
types.
Depending on the use, no land, building or structure shall be used, changed in use or type of
occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or
operated in any zone district that requires a Site Plan Review(SPR)or a Special Use Permit(USR)
until a Site Plan Review has been approved by the Department of Planning Services or a Special
Use Permit (USR) has been approved by the Board of County Commissioners.
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.
Lands to the north and southeast were re-zoned to 1-3(Industrial)under CZ-1028 and CZ-1029 on
November 5,2003. Adjacent properties zoned Agriculture have Special Use Permits for industrial
uses including a commercial junkyard and salvage yard (COPART Inc.); Oil and Gas Support and
Service, including the storage of explosives, truck and equipment parking and equipment
maintenance (Ken Shannon); lands immediately adjacent to the south were permitted for a
maintenance shop,outdoor storage of equipment and materials(ARNHEIM, Inc.)and was annexed
into the City of Brighton on January 13, 2014.
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.
Water will be provided by a commercial well(DWR Permit 309599). 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 site has a historic point of ingress and egress and is adjacent to County Road 27 (North Main
Street). This portion of Main Street is under the jurisdiction of the City of Brighton.
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 parcel is located outside of the 100-year Floodplain.
2) Section 23-2-30.A.5.b. - The Terracon Geotechnical Engineering Report dated April 2018
indicated the subsurface conditions consisted of up to three(3)feet of sandy lean clay over well
graded sand with silt and gravel. The economic viability of resource is unknown on this property.
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 Stream-Terrace
deposits:Older stream deposits now preserved as benches flanking present stream courses and
are comprised of water deposited gravel, sand, silt, and clay.
3) Section 23-2-30.A.5.c. - The Terracon Geotechnical Engineering Report dated April 2018
indicated lean clay soils were encountered within three feet of the surface and these materials
may be susceptible to shrink and swell and loss of strength. Therefore, over excavation is
recommended of the development areas with properly compacted materials meeting the Colorado
Department of Transportation Class 6 aggregate base course.
An On-site area specific for development of the site, Geotechnical Soils Report needs to be
submitted prior to recording of Site Plan Review(SPR)or Special Use Permit(USR)that includes
a preliminary design for the roads and foundations to be constructed on-site.
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 1-3 (Industrial) and A (Agricultural) Zone District to the 1-3 (Industrial) Zone
District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with a Statement of
Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel.
(Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators
stipulating that the oil and gas activities have been adequately incorporated into the design of the site
or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. The plat shall be amended to include any possible future drilling sites and/or
setbacks. (Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of the City of Fort Lupton as
stated in the referral response dated July 12,2018. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
D. The applicant shall attempt to address the requirements of the City of Brighton as stated in the referral
response dated June 25, 2018. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ18-0004. (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 shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
D. All approved accesses shall be delineated on the plat. (Department of Planning Services)
E. County Road 27(North Main Street)has been annexed at this location and. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this information
shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained by the City of
Brighton. (Department of Public Works)
F. Show the approved City of Brighton 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:
A. The Change of Zone allows for 1-3(Industrial) uses which shall comply with the Industrial Zone
District requirements as set forth in Chapter 23, Article III, Division 4 of the Weld County Code.
(Department of Planning Services)
B. Water service may be obtained from a permitted commercial well. (Department of Public Health
and Environment)
C. 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)
D. 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)
E. The property owner shall control noxious weeds on the site. (Department of Public Works)
F. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
G. 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)
H. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
I. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently,the
following have been adopted by Weld County: 2012 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)
J. 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)
K. 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)
L. 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.
M. 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 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 Change of Zone 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.
5. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,
as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined
coordinate system (i.e., NAD 1983 UTM Zone 13N,WGS 1984, NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us
Motion seconded by Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
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 October 2, 2018.
Dated the 2nd of October, 2018
Michelle Wall
Secretary
PC mum EXHIBIT
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Ib1a1O ' t
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 02...1 % r-cc°
Tuesday , October 2 , 2018
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 , Bruce Sparrow, Skip Holland , Lonnie Ford , Michael Wailes , Richard Beck, Tom
Cope .
Absent: Elijah Hatch , Gene Stille
Also Present: Kim Ogle , Chris Gathman , Michael Hall , Angela Snyder, Department of Planning Services ;
Lauren Light and Ben Frissell , Department of Health ; Evan Pinkham , Public Works ; Frank Haug , County
Attorney , and Michelle Wall , Secretary .
CASE NUMBER : COZ18-0004
APPLICANT: NGL WATER SOLUTIONS DJ , LLC
PLANNER : KIM OGLE
REQUEST: CHANGE OF ZONE FROM 1 -3 ( INDUSTRIAL) ZONE DISTRICT AND A
(AGRICULTURE ) ZONE DISTRICT TO THE 1 -3 ( INDUSTRIAL) ZONE
DISTRICT
LEGAL DESCRIPTION : LOT B 2ND CORR REC EXEMPT RE-3362 ; PART NE4 SECTION 30 ,
Ti N , R66W OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : WEST OF AND ADJACENT TO CR 27 ( MAIN STREET) AND
APPROXIMATELY 1300 FEET SOUTH OF CR 6 (CROWN PRINCE
BOULEVARD) .
Kim Ogle , Planning Services , presented Case COZ18-0004 , reading the recommendation and comments
into the record . The Planning Department received a telephone call from Matt Sura , an attorney, who had
questions about the project. Telephone calls were also received from several persons who were interested
in the case . Planning staff also received three electronic mail letters ; two in support of the Change of Zone
and one with concerns about the potential use of the property . The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards .
Evan Pinkham , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Ben Frissell , Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan .
Commissioner Cope asked Mr. Frissell if public sewer was within 400 feet . Mr. Frissell said that the 400-
foot regulation is no longer in effect.
Spence McCallie , 3773 Cherry Creek North Drive , Suite 1000 , Denver, Colorado . The applicant is
proposing to change the zone to Industrial ( 1 -3) on the whole property ; part of the property is already zoned
Industrial and the other portion is zoned Agriculture .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Jeri Yarbrough , 14512 County Road 6 , Fort Lupton , Colorado . Ms . Yarbrough said she lives approximately
a half mile away from this site . She offered her recommendation to the Planning Commission to approve
the zoning change from Agriculture to 1 -3 . She said the surrounding area on County Road 27 has become
Industrial . Ms . Yarbrough also stated that if this case gets approved , the applicant will not build in front of
her view.
Toni Thieman , 11500 County Road 5 . 5 , Longmont , Colorado , stated she is a realtor who lived in the
proposed area in the 1980s . She has done a lot of business in the surrounding area . Ms . Thieman has
noticed the change of development in the area . She feels the area along County Road 27 between Brighton
and Fort Lupton has become industrial. Ms. Thieman believes this parcel is prime for this change of zone
to Industrial.
Commissioner Beck commented it seemed the applicant has a lot of support except the support of the City
of Brighton and Fulton Irrigation Ditch Company.
Commissioner Johnson asked the applicant if they were going to address the issues from the Fulton
Irrigation Ditch Company. The applicant said they have no intention of hampering their ability to carry water.
Commissioner Johnson also asked if there was going to be an issue with development due to soft soils.
The applicant said he is familiar with unstable soils.
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 COZ18-0004 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 Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Commissioner Cope said the case is compatible with the present use as well as future use in the area.
Meeting adjourned at 4:31 pm.
Respectfully submitted,
9_
Michelle Wall
Secretary
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