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Home My WebLink About20142328.tiff EXHIBIT BEFORE THE WELD COUNTY, COLORADO . PLANNING COMMISSION .1 -A RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI • en o ©ca3 Moved by Jason Maxey, 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: COZ14-0003 APPLICANT: BIG THOMPSON INVESTMENT HOLDINGS LLC PLANNER: CHRIS GATHMAN REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I- 3 (INDUSTRIAL) ZONE DISTRICT. LEGAL DESCRIPTION : LOT A REC EXEMPT RE-4915: PART S2SE4 SECTION 35. T6N, R65W OF THE 6TH P. M. . WELD COUNTY, COLORADO. LOCATION : NORTH AND SOUTH OF CR 62 AND EAST OF AND ADJACENT TO CR 47. 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 Code. Sec. 22-2-80. Industrial development Goals and Policies. A. [Goal 1 . 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. 1 . I . Policy 1 . 1 . Ensure that adequate industrial levels of services and facilities are currently available or reasonably obtainable to serve the industrial development or district. 2. I . Policy 1 .2. Encourage new industrial development within existing industrial areas. F. I .Goal 6. Minimize the incompatibilities that occur between industrial uses and surrounding properties. The proposed change of zone would change the zoning of a lot that borders a PUD (Union Colony Industrial Park) for C-3 commercial uses, and I-1 , 1-2 and 1-3 Industrial Uses on the north, west and east. The Greeley-Weld Airport is located to the west of the site. Additionally, an annexation petition has been submitted to the City of Greeley for a proposed industrial use for the property to the south of this site. The size of the parcel (4.32) acres is not consistent with the existing agricultural zoning minimum lot size of 80 acres. Given the site is surrounded on three sides by commercial/industrial property and is planned for future annexation to the City of Greeley, Industrial zoning is appropriate for this property. 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. The parcel to be rezoned is surrounded by an existing commercial/industrial PUD (Union Colony Industrial Park) on the east, north and west and the parcel to the south is in the process of annexing to the City of Greeley to be developed as an Industrial site. C. Section 23-2-30.A. 3. - Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. The parcel is currently served by the North Weld County Water District. A pre-annexation agreement has been drafted between the City of Greeley, Triton Water Disposal Services and Peckham Development Corporation. The City of Greeley has agreed to supply water and sewer to this property as a condition of the pre- annexation agreement. P ?-P-46S RESOLUTION COZ14-0003 BIG THOMPSON INVESTMENT HOLDINGS LLC PAGE 2 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 accesses onto County Road 62, a local paved road. Per the Weld County Department of Public Works, future development shall utilize the existing access onto County Road 62. 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. - At the time of site plan review/construction any uses will be required to adhere to the requirements of the Airport Overlay District (Article V, Division 1 — Weld County Code) . The Greeley-Weld Airport, in their referral dated March 19, 2014, indicated that a height limit of 50-feet needs to be set for structures. 2) Section 23-2-30.A.5.b. — A geology report was prepared by a Professional Engineer indicates that commercially recoverable gravel resources were not identified at the site. 3) Section 23-2-30.A.5.c. — The site is located within the West Greeley Soil Conservation District. Onsite soil limitations are identified as "slight" according the West Greeley Soil Conservation District referral dated March 24, 2014. A soils report or open hole inspection report will be required to be submitted for any future building permits on the 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 A (Agricultural) Zone District to 1-3 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 address the conditions of the Greeley-Weld County Airport Authority, as stated in their referral dated March 24, 2014. Written evidence of such shall be provided to the Department of Planning Services. (Greeley-Weld County Airport Authority) C . Submit documentation from the City of Greeley indicating that water service is available. (Department of Public Health and Environment) D. There is a single-family residence located on the property. This is not an allowed use under 1-3 Industrial Zoning. The applicant shall do one of the following: 1 ) Complete and submit a Nonconforming Use of Structures application to the Department of Planning Services. OR 2) Convert the residence into an accessory structure. The applicant shall submit evidence to the Department of Planning Services that the kitchen facilities have been removed and any septic systems have been disconnected from the accessory building for storage purposes. (Department of Planning Services) OR 3) Remove the residence with appropriate demolition permit. (Department of Planning Services) RESOLUTION COZ14-0003 BIG THOMPSON INVESTMENT HOLDINGS LLC PAGE 3 E. Submit a copy of the signed and executed pre-annexation agreement between the City of Greeley. Peckham Development Corporation and Triton Water Disposal Services LLC. (Department of Planning Services) 2 . The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled COZ14-0003. (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 - Engineering) D. County Road 62 is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build out. 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 Weld County. (Department of Planning Services — Engineering) 3. The following notes shall be delineated on the Change of Zone plat: A. The Change of Zone allows for I-3 (Industrial) uses which shall comply with the 1-3 (Industrial) Zone District requirements as set forth in Article III Division 5 of the Weld County Code. (Department of Planning Services) B. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) C. With a Final Plat or Site Plan Review submittal . the applicant will need to provide a Master Drainage Report which adequately addresses the requirements listed in Weld County Code Chapter 8, Article 10, Section 8-11 -120. (Department of Planning Services - Engineering) D. A detailed Traffic Impact Study may be required with the Final Plat or Site Plan Review application. Offsite roadway and/or intersection improvements may be required. (Department of Planning Services - Engineering) E. Access requirements will be determined when Traffic is reviewed with the Final Plat or Site Plan Review application. (Department of Planning Services - Engineering) F. Prior to recording a Final Plat or Site Plan Review Plat, the applicant may be required to enter into an Improvements Agreement for Improvements. (Department of Planning Services - Engineering) G. An On-site Geotechnical Soils Report needs to be submitted prior to recording of the Final Plat or Site Plan Review that includes a preliminary design for the roads to be constructed on- site. (Department of Planning Services - Engineering) H. Water service shall be obtained from the City of Greeley. (City of Greeley) I . This parcel is not served by a municipal sanitary sewer system . Sewage disposal shall 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) RESOLUTION COZ14-0003 BIG THOMPSON INVESTMENT HOLDINGS LLC PAGE 4 J. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i .e. auxiliary structures. dirt mounds, etc.) activities are expressly prohibited in the designated absorption field site. (Department of Public Health and Environment) K. 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) L. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (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. 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 . The historical flow patterns and run-off amounts will be maintained. (Department of Planning Services-Engineering) P. This property is subject to future annexation to the City of Greeley per the Union Colony Pre- Annexation Agreement dated June 27, 2014 between the City of Greeley, Triton Water Disposal Services LLC and Peckham Development Corporation . (Department of Planning Services) Q . Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to Section 15-1 -180 of the Weld County Code. (Department of Public Health and Environment) R. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) S. Building permits may be required for any new construction, alteration, or addition to any buildings or structures on the property, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code: 2011 National Electrical Code. (Department of Building Inspection) (Department of Building Inspection) T. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Countywide Road Impact Program . U . Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee programs. V. 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) RESOLUTION COZ14-0003 BIG THOMPSON INVESTMENT HOLDINGS LLC PAGE 5 W. 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. And 3. above, the applicant shall submit three (3) paper copies 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- RESOLUTION COZ14-0003 BIG THOMPSON INVESTMENT HOLDINGS LLC PAGE 6 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 ArcInfo 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 Sparrow. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Mark Lawley Michael Wailes Nick Berryman 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 15, 2014. Dated the 15th of July, 2014. Digitally signed by Kristine ‘6%.626,-)Lf &fridount, Ranslem Date: 2014.07.21 08:01 :31 -06'00' Kristine Ranslem Secretary Motion : Amend Condition of Approval 6 to read `Within 6 Months Prior to Operation, Moved by Jason Maxey. Seconded by Jordan Jemiola. Motion carried unanimously. The Chair asked the applicant if they have read through the amended 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 USR14-0024 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 Jordan Jemiola. Seconded by Jason Maxey. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes. Excused : Nick Berryman . Commissioner Maxey commented that he is concerned about the access. CASE NUMBER: COZ14-0003 APPLICANT: BIG THOMPSON INVESTMENT HOLDINGS LLC PLANNER: CHRIS GATHMAN REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4915 . PART S2SE4 SECTION 35, T6N , R65W OF THE 6TH P. M. . WELD COUNTY. COLORADO. LOCATION: NORTH AND SOUTH OF CR 62 AND EAST OF AND ADJACENT TO CR 47. Commissioner Berryman stated that he has an existing business relationship with the applicant and wishes to recuse himself from this case. Chris Gathman, Planning Services, presented Case COZ14-0003, 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. Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Ms. Light said that since this site is less than 5 acres in size Condition of Approval 3. L may be deleted. Additionally, the portion of Condition of Approval 3. M which specifically states "creates more than a 25-acre contiguous disturbance," may be removed. Tim Naylor, AGPROfessionals, 3050 67th Ave, Greeley. stated that this site is currently surrounded by industrial uses and is best served to be industrial property. He noted that the Airport Authority was here today to ensure that no structures were over 50 feet in height. Mr. Naylor said that they don't anticipate having structures on site that are more than 50 feet in height. He added that this site is in a pre- annexation agreement with the City of Greeley to annex these properties after three years. The Chair asked if there was anyone in the audience who wished to speak for or against this application . No one wished to speak. Motion : Delete Condition of Approval 3.L, Moved by Benjamin Hansford, Seconded by Jason Maxey. Motion carried unanimously. Motion : Amend Condition of Approval 3. M by deleting the following language "creates more than a 25- acre contiguous disturbance". Moved by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously. - EXHIBIT The Chair asked the applicant if they have read through the amended Conditions of Appr' are in agreement with those. The applicant replied that they wish to request some minor a tort L,-000t Mr. Nayor requested that Conditional of Approval 3. G be amended by replacing "needs to" with "may" as they believe upon Site Plan Review there may be mitigating circumstances that would not require them to have an on-site Geotechnical Report submitted. Mr. Gathman stated that staff is in support of this request. Motion : Amend Condition of Approval 3. G by replacing "needs to" with "may", Moved by Jason Maxey. Seconded by Jordan Jemiola. Motion carried unanimously. Mr. Naylor requested the same amendment to Condition of Approval 3. C by replacing "needs to" with "may" as generally they submit a Master Drainage Report with PUD's and would anticipate submitting a Drainage Study or Drainage Narrative depending on the use of the site. Mr. Gathman stated that staff is in support of this request. Motion : Amend Condition of Approval 3.C by replacing "needs to" with "may", Moved by Joyce Smock, Seconded by Benjamin Hansford. Motion carried unanimously. Mr. Naylor referred to Condition of Approval 3.O which states that "The historical flow patterns and run-off amounts will be maintained" and stated that this is determined at a Site Plan Review process as they might not be able to maintain the historical flow patterns. Ms. Petrik stated that this standard comment has been modified quite a bit in the past year and this is what the County Commissioners were comfortable with. She suggested keeping this as a standard comment for all projects. Mr. Naylor stated that Ms. Petrik's explanation satisfied their concerns and is happy to leave it in the staff report. The Chair asked the applicant if they have read through the amended 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 COZ14-0003 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jason Maxey, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes : Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes. Excused: Nick Berryman. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. Commissioner Maxey suggested having a discussion regarding shared accesses and how we can make them less prevalent and more consistent in the future. Jason Maxey presented a plaque of recognition to Mark Lawley for his years of service on the Planning Commission. Everyone expressed their appreciation for Mr. Lawley's time and service. Mr. Lawley stated that it has been his honor in serving and appreciated working with all the Staff and the Planning Commission. Meeting adjourned at 4:35 pm. Respectfully submitted, Kristine Ranslem Secretary 8 Hello