HomeMy WebLinkAbout20230730.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0014, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT -
GEORGE L. SANDBERG IRREVOCABLE TRUST, CIO JEFF WINTER
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 22nd day of March, 2023, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of
George L. Sandberg Irrevocable Trust, c/o Jeff Winter, 17215 County Road 46, LaSalle,
Colorado 80645, requesting a Change of Zone, COZ22-0014, from the A (Agricultural)
Zone District to the 1-2 (Medium Industrial) Zone District for a parcel of land located on the
following described real estate, to -wit:
Two (2) parcels both called Lot A of Lot Line
Adjustment, LLA22-0004; and Lot B of Lot Line
Adjustment, LLA22-0004; all being a part of the
SW1 /4 of Section 12, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present, 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 applicant has demonstrated that the request is in conformance with
Section 23-2-40.6 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 Code.
1) Section 22-2-40.A states: "Support compatible economic
development opportunities." This site is in a Weld County
Opportunity Zone and the applicant is proposing to expand the
existing industrial use. The location of the site is consistent with the
Comprehensive Plan's intent to place commercial businesses
within one-half (1/2) mile of highways.
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Carly Koppes, Clerk and Recorder, Weld County , CO APL. REP. ,
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CHANGE OF ZONE (COZ22-0014) - GEORGE L. SANDBERG IRREVOCABLE TRUST,
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2) Section 22-2-10.B states: "Respecting Private Property Rights. One
of the basic principles upon which the United States was founded
is the right of citizens to own and utilize property so long as that use
complies with local regulations and does not interfere with or
infringe upon the rights of others." The applicant has owned and
operated the existing RV storage business since 2017, and has
recently acquired the parcel to the east. The Change of Zone will
facilitate the expansion of the existing use or allow for other
industrial uses in this area.
3) Section 22-4-10.B.1 — The Weld County Opportunity Zone criteria
states that zone changes to commercial and industrial are preferred
in select areas of the County, specifically, within 1/2 mile of
U.S. highways and within one -quarter (1/4) mile of railroads. This
property is located within 1/2 mile of U.S. Highway 85 and within
1/4 mile of the Union Pacific Railroad tracks, therefore, it is within a
Weld County Opportunity Zone, as defined by the Comprehensive
Plan. The Comprehensive Plan also states that zone changes to
commercial and industrial are preferred in the Opportunity Zones.
B. Section 23-2-40.6.2 — The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The adjacent surrounding lands to the north, east,
and south are all zoned A (Agricultural) and the land uses are agricultural
and rural residential. There are eight (8) USRs within one (1) mile of the
site, with three (3) of the eight (8) USRs being located west of U.S. Highway
85, and the subject site being located east of U.S. Highway 85. The
permitted uses include: USR11-0010 for an oil and gas support and service
facility, USR13-0012 for agricultural services, and USR-1053 for seed
production are all located northwest of the site on the west side of
U.S. Highway 85. USR17-0050, for a greater than 12 -inch high-pressure
natural gas pipeline, is located west of U.S. Highway 85 and travels under
U.S. Highway 85, just south of the site. USR11-0016 is a 12 -inch natural
gas pipeline, which crosses the subject property along the north/west
boundary, adjacent to the Union Pacific railway, and there is an easement
on the subject property for this pipeline. USR-31 for a dairy is located south
of and adjacent to the site. MUSR12-0004 for onion storage and
processing, and USR18-0092 for vehicle repair and service are located
south of the site along County Road (CR) 44. There is one (1) SPR located
within one (1) mile of the site. SPR21-0001, which was approved for
Dan's Garage, with outdoor storage and vehicle service and repair is
directly west of the site, on the west side of U.S. Highway 85.
The site is located within the three (3) mile referral area for the City of Evans
and the Towns of LaSalle and Gilcrest. The City of Evans stated no
concerns on their referral agency comments, dated January 4, 2023. The
Town of LaSalle in their referral agency comments, dated January 10,
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Carly Koppes, Clerk and Reoorder, Weld County , CO
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2023, indicated all activity outside of an enclosed building must be
screened from the adjacent ROW in the 1-2 Zone and any change or
expansion of the use on the property will require a Site Plan Review. The
Town of Gilcrest did not submit referral agency comments.
The subject site is located within the City of Evans and the Town of
LaSalle's Coordinated Planning Agreement (CPA) boundaries. As part of
the pre -application process the municipalities were sent a Notice of
Inquiry (NOI). The City of Evans submitted a signed NOI, dated July 29,
2022, which stated the site is outside of the City's future growth boundary
and they are not interested in annexation. The Town of LaSalle submitted
a signed NOI, dated September 9, 2022, and they requested the applicant
[shall] consider annexing at the time they become eligible.
The Future Land Use Map for the City of Evans shows the intersection of
CR 46 and U.S. Highway 85 as a Community Commercial Center, although
the Urban Growth area for Evans does not extend east of U.S. Highway 85
and, therefore, does not encompass the subject site. The site is located on
the southwestern corner of the Comprehensive Plan Map for the Town of
LaSalle and the furthest point to the southwest is labeled as a possible
switching station location.
On January 27, 2023, the Department of Planning Services sent notice to
ten (10) surrounding property owners within 500 feet of the subject parcel.
No responses were received back.
The site is adjacent to the Union Pacific railroad track and U.S. Highway 85.
The adjacencies of the railroad track and the highway place the site in a
Weld County Opportunity Zone, which is a preferred site for rezoning to
commercial and industrial. The RV and Boat Storage facility, Winter Seeds,
and Mosquito Joes occupy about six (6) of the 49 acres. Any future
commercial/industrial uses will have to be approved through a Site Plan
Review or Use by Special Review process. Site Plan Review and Use by
Special Review applications are sent to referral agencies and, with the Use
by Special Review process, sent to the surrounding property owners for
comment. The Conditions of Approval and Development Standards applied
to both this Change of Zone and any future Site Plan Review or Use by
Special Review permits will adequately address and mitigate potential
impacts.
C. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. Water is currently provided by the Central Weld County Water
District (CWCWD), via tap #3229. The CWCWD, in their referral agency
comments, dated December 29, 2022, stated, in part, the applicant must
sign and return an original Petition of Inclusion to the CWCWD in order for
Lot B to be eligible to receive water from the existing tap. Providing service
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII !FARM N9CIOAwVA«AIIPIRAMIld "Ill
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to Lot B is an exception being made by the CWCWD in consideration of the
same business occupying more than one (1) parcel. Sale of any parcel
separately from another will require a new tap purchase.
Per the Weld County Department of Public Health and Environment,
referral, dated December 15, 2022, an On -site Wastewater Treatment
System (OWTS), SP -1700352, is permitted for office/warehouse use on
this site.
D. 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. There are two (2) permitted access points onto CR 46
(AP17-00070 — Commercial and Oil/Gas). No other access points are
requested. Per the referral, dated January 17, 2023, from the Department
of Planning Services — Development Review, this portion of CR 46 is a local
gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance #2017-01) as a local road, which requires 60 feet of
right-of-way. County Road 46 has been reviewed with regard to
Section 23-2-30.A.4, which requires any zone district other than
A (Agriculture), with an unpaved road providing access to the subject
parcels, to have a minimum 26 -foot -wide travel surface with a minimum
4 -inch depth of aggregate surface course (gravel) and a minimum
right-of-way width of 60 feet. Development Review found that this portion
of County Road 46 meets the minimum criteria. On February 28, 2022, the
Board of County Commissioners voted to approve Resolution #2022-0674,
a Crossing Closure and Maintenance Agreement between Weld County
and Union Pacific Railroad (UPRR), to permanently close the at -grade
public road crossing for CRs 46 and 35. This intersection is currently being
utilized by most of the customers and employees of these businesses and
this traffic will now need to use CR 44 and then drive north on CR 35 and
then east on CR 46 to access the subject property. This closure is expected
to occur in early 2023 and the applicant is aware of said closure. On
January 5, 2023, staff met with the property owner, Jeff Winter, to discuss
the re -alignment of CR 46 to move this portion of CR 46 out of the railroad
right-of-way and how this re -alignment would affect the drainage on the
subject property.
E. Section 23-2-40.6.5 — 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 — If the proposed Change of Zone is located
within any Overlay District identified by maps officially adopted by
the County, that the applicant has demonstrated compliance with
the County regulations concerning Overlay Districts. Compliance
may be demonstrated in a previous public hearing or in the hearing
concerning the rezoning application. The proposed Change of Zone
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Carly Koppes, Clerk and Recorder, Weld County , CO
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site is not located within any overlay district officially adopted by the
County, including A -P (Airport) Overlay District, 1-25 Overlay
District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay
District.
2) Section 23-2-30.A.5.b — The proposed rezoning will not permit the
use of any area known to contain a commercial mineral deposit in
a manner which would interfere with the present or future extraction
of such deposit by an extractor to any greater extent than under the
present zoning of the property. The proposed Change of Zone does
not interfere with the present or future extraction of mineral
resources, more so than the existing zoning. The Geotechnical
Engineering report from Northern Colorado Geotech, dated May 4,
2017, with a follow up cover letter, dated October 21, 2022,
submitted in the application materials, states the size and range of
the material present would not contain the necessary constituents
to produce economically viable aggregate, including hard rock
mineral.
3) Section 23-2-30.A.5.c — If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site, that such limitations can
be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns prior to the
development of the property. The Natural Resources Conservation
Services (NRCS) Soil Survey, dated September 7, 2022, submitted
with the application, indicates the property contains
low -slope (0-1%) Julesburg Sandy Loam, Olney Fine Sandy Loam,
and Vona Sandy Loam. These soil types do not limit the
construction of dwellings or small commercial buildings. The
property consists of about 15 acres of Julesburg Sandy Loam and
Olney Fine Sandy Loam, both of which are classified as "Prime
Farmland if Irrigated (Soils Erodibility)", and the remaining acreage
is Vona Sandy Loam, which is classified as "Farmland of Statewide
Importance". The area where the Vona Sandy Loam is located has
been utilized as a RV Storage Facility since approximately 2017
and is too small to farm.
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Carly Kocces, Clerk and Recorder, Weld County , CO
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of George L. Sandberg Irrevocable Trust, c/o Jeff Winter,
for a Change of Zone, COZ22-0014, from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District on the above referenced parcel of land be, and hereby is, granted subject
to the following conditions:
1. The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ22-0014.
B. The plat shall adhere to Section 23-2-50.D of the Weld County Code.
C. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or Reception number.
D. County Road 46 is a gravel road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as a local road,
which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of
the road on the plat. If the existing right-of-way cannot be verified it shall
be dedicated. The applicant shall also delineate the physical location of the
roadway. Pursuant to the definition of setback in the Weld County Code
Section 23-1-90, the required setback is measured from the future
right-of-way line. This road is maintained by Weld County.
E. The applicant shall show and label the existing and proposed access points
and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil
and Gas). Development Review will review access locations as a part of
the plat submittal.
F. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ22-0014, allows for 1-2 (Medium Industrial)
Zone District uses, which shall comply with the requirements set
forth in Chapter 23, Article III, Division 4 of the Weld County Code.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
4) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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5) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
6) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
7) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit, prior to commencement.
8) The historical flow patterns and runoff amounts will be maintained
on the site.
9) Water service may be obtained from the Central Weld County
Water District.
10) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by an On -site Wastewater
Treatment System (OWTS) 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.
11) 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.
12) Building Permits may be required, for any new construction, set up
of manufactured structures, or change of use of existing buildings
per Section 29-3-10 of the Weld County Code. Buildings and
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: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical
Code, and Chapter 29 of the Weld County Code. A Building Permit
application must be completed and two (2) complete sets of
engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical
Engineering Report, performed by a Colorado registered engineer,
or an Open Hole Inspection shall be required. A Building Permit
must be issued prior to the start of construction.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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13) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee
County Facility Fee and Drainage Impact Fee Programs.
14) 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.
15) 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 people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, 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.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
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. The plat shall be prepared in
accordance with the requirements of Section 23-2-50.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within 120 days from
the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. If a plat has not been recorded within 120 days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and
present evidence substantiating that the COZ has not been abandoned and that
the applicant possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO
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determines that conditions supporting the original approval of the COZ cannot be
met, the Board may, after a public hearing, revoke the COZ.
4. In accordance with Appendix 5-J of the Weld County Code, should the Change of
Zone plat not be recorded within the specified timeline from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance fee shall be
added for each additional three (3) month period.
5. Any approved amendments to the Official Zoning Map shall be effective
immediately upon approval by the Board of County Commissioners unless
otherwise specified by the approving Resolution of the Board of County
Commissioners. However, no Building Permit shall be issued, and no use shall
commence on the property until the plat is recorded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dea44) jdeo;K.
Weld County Clerk to the Board
County P' ey
Date of signature: 01-1/1 I/23
Mik
VA-
er L. B�'k, Pro-Tem
S • • t K. James
c
reeman, Chair
Lori Saine
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Car1y Koppea, Clerk and Recorder, Weld County , CO
I Wh BIM
2023-0730
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