HomeMy WebLinkAbout20162373.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
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
COZ16-0002
COASTAL CHEMICAL CO LLC
KIM OGLE
CHANGE OF ZONE FROM THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT
LOT 2 UNION COLONY SUBDIVISION BEING PART OF THE NW4SW4 SECTION
4 T5N R65W OF THE 6TH P M WELD COUNTY COLORADO
APPROXIMATELY 540 FEET NORTH OF HWY 263 (EIGHTH STREET) AND
APPROXIMATELY 435 FEET EAST OF NORTH FIRST AVENUE
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 23-2-30A 1 - That the proposal is consistent with Chapter 22 of the Weld County
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 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
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.
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
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 E Eighth Street
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 " 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 ., And Section 22-6-20 E ECON Policy 5 1
020140-Zfl%
RESOLUTION COZ16-0002
COASTAL CHEMICAL CO LLC
PAGE 2
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 23-2-30 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.
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 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
C. 23-2-30.A.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 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 the City had an 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.
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 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 and
as shown on the plat of the Plains Marketing Minor Subdivision recorded October 30. 2003 at
Reception Na 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
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.
RESOLUTION COZ16-0002
COASTAL CHEMICAL CO. LLC
PAGE 3
Section 23-2-30.A.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 23-2-30.A.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 23-2-30 A.5.c. — The CTL Thompson Incorporated. LLC 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.
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 C-1 (Neighborhood Commercial) Zone District to the 1-3 (Industrial)
Zone District is conditional upon the following:
1. The plat shall be amended to delineate the following
A. All pages of the plat shall be labeled COZ16-0002. (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 Show and label all easements with the recorded document reception number and date on the
plat. (Department of Planning Services)
D East 4th Street Rd. 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)
Show and label the approved access with the access permit #AP15-00535 on the plat.
(Department of Public Works)
F Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study_
(Department of Planning Services - Floodplain)
2. The following notes shall be delineated on the Change of Zone plat:
RESOLUTION COZ16-0002
COASTAL CHEMICAL CO. LLC
PAGE 4
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. (Department of Planning Services)
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 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. (Department
of Planning Services - Floodplain)
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, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services - Floodplain)
The property owner shall control noxious weeds on the site (Department of Public Works)
The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized. (Department of Public Works)
H The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Planning - Engineer)
Water service shall be obtained from the City of Greeley which may require annexation.
(Department of Public Health and Environment)
J The parcel is currently not served by a municipal sanitary sewer system or On -site Waste
Water Treatment 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 or by a municipal system. If
sewer is to be served by a municipal source the site may require annexation. (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
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)
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)
RESOLUTION COZ16-0002
COASTAL CHEMICAL CO. LLC
PAGE 5
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)
A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one 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 (Department of Public Health and Environment)
O Buildings, 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: 2012
International Building Code: 2012 International Mechanical Code: 2012 International
Plumbing Code: 2012 International Energy Code: 2006 International Fuel Gas Code: the 2012
International Plumbing Code; 2014 National Electrical Code: 2003 ANSI 117.1 Accessibility
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
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 Building Inspection)
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)
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 states 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 (Department of Planning Services)
Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat.
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.
RESOLUTION COZ16-0002
COASTAL CHEMICAL CO LLC
PAGE 6
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 $50.00 recording continuance charge shall added for each
additional 3 month period.
Motion seconded by Bruce Johnson.
VOTE
For Passage
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
Against Passage Absent
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 July 19. 2016.
Dated the 19'n of July, 2016
4thatmet_
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.07.21 14:19:29 -06'00'
i-t.i rnuttS
—I—l(
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. July 19. 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 12:30 pm.
Roll Call.
Present. Benjamin Hansford. Bruce Johnson, Bruce Sparrow, Gene Stifle. Jordan Jemiola. Joyce Smock,
Michael Wailes. Nick Berryman_ Terry Cross.
Also Present: Kim Ogle, Department of Planning Services: Hayley Brown. Department of Planning Services
— Engineering Division: Lauren Light and Ben Frissell. Department of Health: Evan Pinkham, Public Works:
Bob Choate. County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the June 21. 2016 Weld County Planning Commission minutes, Moved by Benjamin
Hansford. Seconded by Bruce Johnson. Motion passed unanimously
CASE NUMBER COZ16-0002
APPLICANT COASTAL CHEMICAL CO LLC
PLANNER KIM OGLE
REQUEST CHANGE OF ZONE FROM THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT 2 UNION COLONY SUBDIVISION BEING PART OF THE NW4SW4
SECTION 4. T5N. R65W OF THE 6TH P M WELD COUNTY. COLORADO
LOCATION APPROXIMATELY 540 FEET NORTH OF HVVY 263 (EIGHTH STREET) AND
APPROXIMATELY 435 FEET EAST OF NORTH FIRST AVENUE
Kim Ogle. Planning Services. presented Case COZ16-0002, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Evan Pinkham. Public Works. reported on the existing traffic and access to the site.
Hayley Brown. Engineering. reported on the 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 Sparrow asked what the zoning is for the properties inside the city limits of Greeley that are
surrounding this property Mr Ogle replied that they are zoned Industrial Medium Intensity.
Tom Hellerich. Winters, Hellerich. and Hughes, 5411 W 10' Street. Greeley. Colorado stated that there has
been no opposition to this request.
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_
Motion: Forward Case COZ16-0002 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 = 9)
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow. Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes. Nick Berryman. Terry Cross
:o
.2
EXHIBIT
Onto -Doc
Meeting adjourned at 1:00 pm.
Respectfully submitted,
itli\ibbnt-d Rati4WK,
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.07.21 13:22:39 -06'00'
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