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HomeMy WebLinkAbout20162094.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Benjamin Hansford. 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. COZ16-0001 APPLICANT ANDREW HOP PLANNER. CHRIS GATHMAN REQUEST CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I- 1 (INDUSTRIAL) ZONE DISTRICT. LEGAL DESCRIPTION PART OF THE E2SW4 OF SECTION 13. T5N R65W AND LOT B REC EXEMPT RE -4040. BEING PART N2SE4 SECTION 13 T5N. R65W OF THE 6TH P M.. WELD COUNTY. COLORADO LOCATION- NORTH OF AND ADJACENT TO HIGHWAY 34 AND WEST OF AND ADJACENT TO WELD COUNTY PARKWAY (CR 49) 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 22-2-80.A.2 — Industrial Goals and Policies I.Policy 1.2. of the Weld County Code states, "Encourage new industrial development within existing industrial areas The proposed change of zone is adjacent (across State Highway 34) from an existing subdivision for Industrial uses located in the incorporated limits of the Town of Kersey. Section 22-2-80.A.3 — Industrial Goals and Policies A.3 I.Policy 1.3 of the Weld County Code states, "Encourage industrial development by improving major transportation corridors." The proposed change of zone is located adjacent to an existing transportation corridor (Weld County Parkway) that is in the process of being widened. The site is also adjacent to a state highway (Highway 34). Section 22-6-20 ECON.Policy 3.1. states. "County activities and regulation should protect the rights of private property owners and the public health. safety and welfare. recognizing that these basic rights and protections allow the free market to prosper and grow the local economy." The applicant is requesting a Change of Zone to I-1 Industrial in accordance with the Change of Zone process outlined in the Weld County Code. This industrial zone contributes to the growth of the local economy Section 22-2-70 D (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. as required through the Improvements Agreement. Section 22-6-20 E ECON Goal 5. states, "Recognize and promote specific places and resources in the County that can uniquely support economic development." This Change of Zone will add to the land suitable for industrial development and support economic development of the County I-1 Industrial zoning allows a wide -range of uses that are available to businesses. Section 22-2-80.F I.Goal 6. of the Weld County Code states. "Minimize the • • i •atibilities that occur between industrial uses and surrounding properties. RESOLUTION COZ16-0001 ANDREW HOP PAGE 2 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 and lot coverage. noise, lighting.. Additionally, the applicants are proposing to rezone the property to I-1 Industrial. I-1 Industrial is the most restrictive land use category under the Industrial zoning classification. Section 23-3-310. A of the Weld County Code states: ''Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate industrial USES which create minimal negative visual impacts." 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. A single-family residence is located immediately to the west of the southern parcel proposed to be rezoned. Additionally. a single family residence is located on a parcel (owned by the applicant) adjacent to the southern parcel as well. Another dairy is located to the north. An industrial subdivision (located in the incorporated limits of Kersey) is located to the south. No phone calls or correspondence has been received from surrounding property owners in regards to this case. Should this change of zone be approved. any proposed uses on the site will require a site plan review prior to site development. Uses will need to meet the Industrial standards of the Weld County Code in regards to noise, lighting. air quality, property maintenance...Additionally, the I-1 Industrial Zone District requires that outdoor storage be screened from adjacent properties and rights -of -way. 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. Septic systems and Central Weld County Water are proposed at time of development. There are currently Central Weld County Water taps for the existing dairy operation. 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 is adjacent to an existing State Highway (Highway 34) and an existing Arterial Road (Weld County Parkway). 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. — Both parcels are located outside of the 100 -year floodplain. 2) Section 23-2-30.A.5.b. — According to the Geologic Evaluation dated January 12. 2016. no economically recoverable gravel resources at this site. 3) Section 23-2-30 A.5.c. —According to the Geologic Evaluation dated January 12. 2016. a review of the site they expect that light to moderately located industrial structures could be supported. Deep foundation systems could be considered if heavier foundation loads are anticipated. An On -site Geotechnical Soils Report needs to be submitted prior to recording of Site Plan Review or Use by Special Review that includes a preliminary design for the roads to be constructed on -site. Additionally, engineered foundation plans along with a soils report or open - hole inspection report are required to be submitted with building permit(s). 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 RESOLUTION COZ16-0001 ANDREW HOP PAGE 3 The Change of Zone from the A (Agricultural) Zone District to I-1 (Industrial) Zone District is conditional upon the following: 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 submit a written request signed by the applicant to the Department of Planning Services to vacate SUP -457 (530 cow dairy). C. The plat shall be amended to delineate the following: 1_ All pages of the plat shall be labeled COZ16-0001 (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 shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services) 4. The applicant shall indicate specifically on the plat any right of way and/or easements and indicate whether they are dedicated, private. or deeded and label with recorded document. book and page and/or reception number to provide adequate access to the parcel. (Department of Planning Services — Engineer) 5. County Road 47 5 is a paved road and is designated on the Weld County Road Classification Plan as a local road. which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County. (Department of Public Works) 6 Weld County Pkwy is a paved road and is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of future right-of-way This road is maintained by Weld County_ (Department of Public Works) 7. Show and label the approved access point(s) and access permit number(s) on the plat (AP16- 00109). (Department of Public Works) 8. State Highway 34 requires 100 feet right-of-way at full build out. Existing right-of-way for State Highway 34 shall be indicated on the plat along with the documents creating the right-of-way. Additionally, a total of 100 feet from the centerline of State Highway 34 shall be delineated edge of future Right -of -Way for State Highway 34. (Department of Planning Services - Engineer) 9. 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) 2. The following notes shall be delineated on the Change of Zone plat: A. The Change of Zone allows for I-1 (Industrial) uses which shall comply with the I-1 (Industrial) Zone District requirements as set forth in Article III Division 5 of the Weld County Code. (Department of Planning Services) RESOLUTION COZ16-0001 ANDREW HOP PAGE 4 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. A Nonconforming Use. under case no. NCU16-0006, has been established for the existing dairy facility located in part of the E2SW4 of Section 13, T5N, R65W This use is subject to the requirements of Article VII of the Weld County Code. D A Nonconforming Use. under case no. NCU16-0007. has been established for the existing residence located in Part of the E2SW4 of Section 13. T5N. R65W. This use is subject to the requirements of Article VII of the Weld County Code E A Nonconforming Use. under case no. NCU16-0008, has been established for the existing dairy facility located on Lot B of Recorded Exemption RE -4040; Part of the N2SWE4 of Section 13. T5N, R65W. This use is subject to the requirements of Article VII of the Weld County Code. F A Nonconforming Use. under case no. NCU16-0009, has been established for the existing single- family residence located on Lot B of Recorded Exemption RE -404O: Part of the N2SWE4 of Section 13. T5N. R65W. This use is subject to the requirements of Article VII of the Weld County Code. G. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) H The property owner shall control noxious weeds on the site. (Department of Public Works) Water service may be obtained from Central Weld County Water District. (Department of Public Health and Environment) 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) K. Language for the preservation and/or protection of the absorption field shall be placed on the plat. The note shall state: Activity or use on the surface of the ground over any part of the OVVTS 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) 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 the Weld County Health Department. a fugitive dust control plan must be submitted (Department of Public Health and Environment) M If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) N The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) O An Improvements and Road Maintenance Agreement will be required as part of a Site Plan Review, Use by Special Review, or Subdivision application. (Department of Public Works) RESOLUTION COZ16-0001 ANDREW HOP PAGE 5 P Building permits shall be obtained prior to the construction of any new building. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) Q . New buildings 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 2012 International Building Code. 2006 International Mechanical Code. 2006 International Plumbing Code. 2014 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) R 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) S 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) T. The historical flow patterns and run-off amounts will be maintained on site. (Department of Planning Services - Engineer) U 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_ V 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 RESOLUTION COZ16-0001 ANDREW HOP PAGE 6 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) paper copy or 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. With the Change of Zone plat map. the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are dwg..dxf. and .dgn (Microstation): acceptable GIS formats are .shp (Shape Files). Arclnfo Coverages and Arclnfo Export files format type is e00. The preferred format for Images is .tif (Group 4) (Group 6 is not acceptable). 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 S50.00 recording continuance charge shall added for each additional 3 month period RESOLUTION COZ16-0001 ANDREW HOP PAGE 7 Motion seconded by Bruce Johnson. VOTE For Passage Benjamin Hansford Bruce Johnson Bruce Sparrow Jordan Jemiola Joyce Smock Nick Berryman Terry Cross Against Passage Absent Michael Wailes Gene Stille 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 June 21. 2016. Dated the 21st of June, 2016 /' t ioa T 1(41.1 &2.1fr . Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.06.24 15:01:40 -06'00' kfrikkiti - t jo SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. June 21. 2016 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, Jordan Jemiola. at 12:47 pm. Roll Call. Present: Benjamin Hansford Bruce Johnson, Bruce Sparrow. Jordan Jemiola, Joyce Smock. Nick Berryman. Terry Cross. Absent: Michael Wailes. Gene Stille. Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services: Hayley Brown. Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health: Janet Lundquist. Public Works; Bob Choate. County Attorney. and Kris Ranslem. Secretary. Motion: Approve the June 7. 2016 Weld County Planning Commission minutes, Moved by Benjamin Hansford. Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER APPLICANT. PLANNER. REQUEST LEGAL DESCRIPTION LOCATION COZ16-0001 ANDREW HOP CHRIS GATHMAN CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-1 (INDUSTRIAL) ZONE DISTRICT PART OF THE E2SW4 OF SECTION 13, T5N R65W AND LOT B REC EXEMPT RE -4040: BEING PART N2SE4 SECTION 13. T5N. R65W OF THE 6TH P M.. WELD COUNTY COLORADO. NORTH OF AND ADJACENT TO HIGHWAY 34 AND WEST OF AND ADJACENT TO WELD COUNTY PARKWAY (CR 49). Chris Gathman. Planning Services, presented Case COZ16-0001, reading the recommendation and comments into the record. Mr. Gathman noted that there are existing residences and dairy facilities on both properties to be rezoned: therefore they have submitted non -conforming land uses for the residences and dairy operations as they are not allowed in the Industrial Zone District. Mr. Gathman noted that as a result from the Town of Kerseys' referral comments, the applicants have amended their request to change the zoning to the I-1 Zone District. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Smock asked staff to provide an explanation of the differences of I-1 and 1-3 Zoning. Mr. Gathman said that the 1-3 Zone District is the highest intensity use allowed in the Industrial Zone District. He added that the uses by right are similar; however in the I-1 Zone District additional screening may be required. Janet Lundquist. Public Works. reported on the existing traffic and access to the site. Hayley Brown. Engineering. reported on the 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. Tim Naylor. AGPROfessionals. 3050 671h Avenue. Suite 200, Greeley. Colorado, stated that he represents the applicants in this case. The applicants are requesting a change of zone to the I-1 Zone District. The difference between the 1-3 and I-1 Zone Districts is that 1-3 allows for more intense outdoor storage. He added that the Town of Kersey has requested that it be changed to I-1 as it is the gateway into their town and wanted to minimize the outdoor industrial storage. Mr. Naylor said that the site is an existing dairy and added that the applicants want to create land that is more marketable. EXHIBIT rr . Mr. Gathman pointed out that Oil and Gas Support and Service Facilities would require Use by Special Review approval under I-1 Industrial Zoning while it is a use by right under 1-3 Industrial Zoning. Commissioner Smock referred to removing the outdoor storage by changing it to the I-1 Zone District and asked if it will now be stored inside. Mr. Naylor said that the outdoor storage is required to be sufficiently screened or stored indoors. He referred to Highway 34 around this site and added that the Town of Kersey was willing to allow the storage of up to 10 oil drill rigs that are not in use currently. He added that it is the outdoor storage they do not want: however they understand that this was an emergency situation where Weld County needs to accommodate the decrease in the oil and gas activity. Commissioner Berryman asked what the current zoning is for the area with the drill rigs. Mr, Naylor indicated it is a PUD. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Christian Morgan, Town Manager of Kersey, stated that he met with Mr. Naylor and had discussions about the 1-3 zoning proposal they were initially seeking. He added that this area is a gateway to Kersey and added that it is an important piece to their town. There are multiple adjacent users there that will have different uses with their own property that wouldn't be consistent with an 1-3 zoning. He added that it is the goal of the Town of Kersey to ultimately provide utility service to that area. Mr. Morgan noted that the oil rigs along Highway 34 is a temporary use only and added that they are very sensitive to the issues oil and gas has had. Mr. Morgan further added that the Town of Kersey would like a pre -annexation agreement with the applicants. Commissioner Jemiola asked if this change of zone is consistent with their future Comprehensive Plan. Mr. Morgan replied yes and added that they have just updated their Comprehensive Plan. 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. Motion: Forward Case COZ16-0001 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval. Moved by Benjamin Hansford, Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford. Bruce Johnson, Bruce Sparrow, Jordan Jemiola. Joyce Smock. Nick Berryman, Terry Cross. Meeting adjourned at 3:21 pm. Respectfully submitted, divadni_-,4inthmeu Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.06.24 10:07:44 -06'00' 2 Hello