HomeMy WebLinkAbout20162372.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ16-0002, FROM THE C-1 (NEIGHBORHOOD
COMMERCIAL) ZONE DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT -
COASTAL CHEMICAL CO., LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County. Colorado. and
WHEREAS, a public hearing was held on the 10th day of August. 2016, at 10:00 a.m.. in
the Chambers of the Board for the purpose of hearing the application of Coastal Chemical Co.,
LLC, 3520 Veterans Memorial Drive, Abbeville, LA 70510, requesting a Change of Zone from the
C-1 (Neighborhood Commercial) Zone District to the 1-3 (Industrial) Zone District for a parcel of
land located on the following described real estate. to -wit:
Lot 2, Union Colony Subdivision. being part of the
NW1/4 SW1/4 of Section 4. Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present and represented by David Skarka, Winters
Hellerich and Hughes. 5401 W. 10th Street. Suite 201, Greeley. CO 80634, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and. having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 23-2-40.B.1 - That the proposal is consistent with Chapter 22 of
the Weld County.
1) Section 22-2-80.A (I.Goal 1) states: "Promote the location of
industrial uses within municipalities. County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipalities'
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably
obtainable." The proposed Change of Zone from
C-1 (Neighborhood Commercial) is located adjacent to the City of
PL-, 644,P6,. p .
2016-2372
PL2432
CHANGE OF ZONE (COZ16-0002) - COASTAL CHEMICAL CO.. LLC,
PAGE 2
Greeley's corporate limits to the west and south. To the west is the
Plains Marketing Minor Subdivision zoned Industrial Medium
Intensity; to the south are individual parcels also zoned Industrial
Medium Intensity. To the east and southeast are parcels within
unincorporated Weld County that are zoned 1-2. Adequate industrial
levels of services and facilities are currently available or reasonably
obtainable.
2) Section 22-2-70.D (I.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.
3) Section 22-2-70.B (I.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 proposed Change of Zone is located adjacent
to the City of Greeley's corporate limits. The City of Greeley has
annexed the land adjacent to the west and south of the site and
those properties are zoned Industrial Medium Intensity. per the City
of Greeley.
4) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments." The site is in the near vicinity of a major
north -south transportation corridor State Highway 85 and also near
a regional transportation corridor. East Eighth Street.
5) Section 22-6-20.C (ECON.Goal 3) states: "Structure land use
policies and regulations so that they encourage County -wide
economic prosperity and economic growth."
6) 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."
7) Section 22-6-20.E (ECON.Policy 5.1) states: "The County should
encourage an adequate supply of both services and land suitable
for industrial development and redevelopment." This Change of
Zone will add to the land suitable for industrial development and
support economic development.
B. 23-2-40.B.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. Any proposed use in the 1-3 Industrial Zone District will require either
a Site Plan Review (if a Use by Right) or a Use by Special Review Permit.
Depending on the uses proposed a buffer may be required. The
2016-2372
PL2432
CHANGE OF ZONE (COZ16-0002) - COASTAL CHEMICAL CO., LLC,
PAGE 3
Department of Planning Services has not received any correspondence
from the surrounding property owners about this Change of Zone request
The City of Greeley indicated that the site is located within the Northeast
Industrial Area of Greeley's 2060 Comprehensive Plan. This plan envisions
industrial uses in this vicinity. Additionally, this site is bordered by property
within the City of Greeley that is zoned Industrial Medium Intensity.
23-2-40.B.3 - That adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. According to the referral comments from the Weld County
Department of Public Health and Environment dated May 26. 2016. and as
specified by the Weld County Assistant Attorney in the email dated
May 24, 2016, water and sewer are not required for the proposed use
indicated by the property owner. If these become required due to
development, then annexation into the City of Greeley may be required.
The City of Greeley Water and Sewer Department indicated in a referral
dated May 20. 2016, that the City had an eight (8) -inch main directly
adjacent to the site with no obvious impediments for the parcel to connect.
The City of Greeley indicated that the subject properties are located within
the City of Greeley Long Range Expected Growth Area (LREGA). If in the
future, additional water and sanitary sewer service are requested for the
lots, then annexation into the City of Greeley will be required prior to the
City of Greeley providing utility service. The City of Greeley does not
currently provide utility services to the property south of the Geisert
subdivision.
Section 23-2-40.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The current access points are not changing. The subject
property has a non-exclusive easement for ingress and egress over a
30 -foot strip of land described in the Easement. recorded October 15, 1976
at Reception No. 1701408 and recorded November 1. 1977 at Reception
No. 1734763. as shown on the plat of the Plains Marketing Minor
Subdivision recorded October 30. 2003 at Reception No. 3122186. County
of Weld, State of Colorado. The permitted access point to the site
(AP15-00535) is a shared access point for Coastal Chemical Company
LLC having a Legal description of Lot 6 Geisert Subdivision and Lot 2 of
Union Colony subdivision. The application materials state that the current
Coastal Chemical Company. LLC, location maintains an office. indoor
storage for some of the company products. a product storage tank battery
and three distribution trucks. Space is tight at the current E. 4th Street Road
location and in May 2014, Coastal Chemical Company. LLC, purchased
Lot 2 in the Union Colony subdivision for the expansion of the current
business operations that are expected to grow to 10 trucks and employ up
to 30 employees. The Geisert parcel has a Land Use Permit (SPR-159)
and the proposed improvements are in review under SPR16-0006.
2016-2372
PL2432
CHANGE OF ZONE (COZ16-0002) - COASTAL CHEMICAL CO.. LLC.
PAGE 4
E Section 23-2-40.B.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 23-2-40.B.5.a — The proposed Change of Zone is not
located within an Overlay District. The site will be located in a
Special Flood Hazard Area (Zone A) according to the recently
FEMA accepted DFIRMs, effective on January 20. 2016. Per the
application, a majority of the site is located in the Cache la Poudre
floodplain. Floodplain Development Permit FHDP15-0058 for a
chemical and fuel storage was approved with conditions on
October 29, 2015. by the Floodplain planner.
2) Section 23-2-40.B.5.b — The Weld County Sand and Gravel
Resources Map identifies this area as Unevaluated Aggregate —
Stream Terrace Deposits (T4). Unevaluated Aggregate is classified
as coarse and fine aggregate resources that were not evaluated
because of inadequate exposures. lack of drill -hole data. location,
access, poor potential, areal extent, or a prior land use that
excludes the possibility of recovering aggregate. According to the
Geotechnical Investigation prepared by CTL Thompson
Incorporated. LLC. dated January 30. 2015. and signed and
stamped by a Professional Engineer. the property is not suitable for
sand and gravel operations or mineral extraction. The proposed
Change of Zone will not preclude or prohibit the future extraction of
a mineral deposit such as oil and gas.
3) Section 23-2-40.B.5.c — The CTL Thompson Incorporated, LLC,
investigation. dated January 30. 2015. states that there was
unconsolidated fill placement on -site that is not considered suitable
for structural support. The fill material in the area of proposed
construction should be over excavated down to the native soil and
re -compacted per the recommended design criteria in the
engineering recommendations. The presence of expansive soils
and bedrock constitutes a geologic hazard. There is risk that
foundations will heave or settle and be damaged. A geotechnical
investigation should be conducted at each proposed building site to
identify if these conditions exist.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County. Colorado. that the application of Coastal Chemical Co.. LLC, for a Change of Zone,
COZ16-0002. from the C-1 (Neighborhood Commercial) Zone District to the 1-3 (Industrial) Zone
District on the above referenced parcel of land be. and hereby is, granted subject to the following
conditions:
1. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ16-0002.
2016-2372
PL2432
CHANGE OF ZONE (COZ16-0002) - COASTAL CHEMICAL CO.. LLC,
PAGE 5
The plat shall adhere to Section 23-2-50.C. and D. of the Weld County
Code.
Show and label all easements with the recorded document reception
number and date.
East 4th Street Road 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.
Show and label the approved access with the Access Permit Number
(AP 15-00535).
F Show the floodplain and floodway boundaries, if applicable. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
2. 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 1-3 (Industrial) Zone District requirements as set forth in Chapter 23.
Article III, Division 4, of the Weld County Code.
The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
The property owner or facility operator shall ensure that the site remains in
compliance with FEMA, Colorado Water Conservation Board and the Weld
County floodplain regulations (Chapter 23. Article XI) at all times and as
further specified via FHDP15-0058.
D. A Flood Hazard Development Permit is required for all construction or
development occurring in the floodplain or floodway, as delineated on
Federal Emergency Management Agency (FEMA) FIRM Community Panel
Map #08123C -1541E. effective date January 20. 2016 (Cache la Poudre
River Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60. and 65. The FEMA definition of development is any
man-made change to improved or unimproved real estate. including but not
limited to buildings or other structures. mining, dredging. filling, grading,
2016-2372
PL2432
CHANGE OF ZONE (COZ16-0002) - COASTAL CHEMICAL CO.. LLC,
PAGE 6
paving, excavation, drilling operations, or storage of equipment and
materials.
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.
F. The access on the site shall be maintained to mitigate any impacts to the
public road, including damages and/or off -site tracking.
G. There shall be no parking or staging of vehicles on public roads. On -site
parking shall be utilized.
H The historical flow patterns and runoff amounts will be maintained on the
site.
Water service shall be obtained from the City of Greeley, which may require
annexation.
The parcel is currently not served by a municipal sanitary sewer system or
On -site Waste Water Treatment System (OWTS). 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 or by a
municipal system. If sewer is to be served by a municipal source the site
may require annexation.
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.
L. 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.
M If land development creates more than a 25 -acre contiguous disturbance,
or exceeds six (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.
N A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous or
2016-2372
PL2432
CHANGE OF ZONE (COZ16-0002) - COASTAL CHEMICAL CO.. LLC,
PAGE 7
non-contiguous land disturbance is greater than or equal to one (1) acre in
area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
Buildings, equipment and structures shall conform to the requirements of
the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2012 International Building
Code. 2012 International Mechanical Code. 2012 International Plumbing
Code, 2006 International Energy Code, 2012 International Fuel Gas Code,
2014 National Electrical Code, 2009 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
P 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.
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.
R. 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.
The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map
and recognized at all times.
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
2016-2372
PL2432
CHANGE OF ZONE (COZ16-0002) - COASTAL CHEMICAL CO.. LLC,
PAGE 8
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 #2012-3, approved
April 30. 2012. should the 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 added for each additional three (3)
month period.
The above and foregoing Resolution was, on motion duly made and seconded. adopted by
the following vote on the 10th day of August, A.D.. 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY; CQLORADO
ATTEST: Waitst‘i iid-49 4A
Weld County Clerk to the Board
BY/
AP
uty Clerk to the Board
ounty / 1torney
Date of signature: scirS / ( 5/ Q0 tG
2
arbara Kirkmey
l
Mike Freeman. Pro -Tern
ve Moreno
(�i
2016-2372
PL2432
Hello