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Carly Koppes, Clerk and Recorder, Weld County , CO
Ill IVCCIVIniterATI:i ILINAIWIFJ,iiiiirlikh 11111
RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0012, FROM THE A (AGRICULTURAL) AND
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICTS TO THE 1-3 (HEAVY INDUSTRIAL) ZONE
DISTRICT - SUNSET INDUSTRIAL, 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 8th day of March, 2023, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Sunset Industrial, LLC,
105 Coronado Court, Unit A-101, Fort Collins, Colorado 80525, requesting a Change of Zone,
COZ22-0012, from the A (Agricultural) and 1-3 (Heavy Industrial) Zone Districts to the 1-3 (Heavy
Industrial) Zone District for a parcel of land located on the following described real estate, to -wit:
Part of the W1/2 of Section 3, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by J. C. York, J & T Consulting, Inc.,
305 Denver Avenue, Suite D, Fort Lupton, Colorado 80621, 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.B of the Weld County Code as follows:
A. Section 23-2-40.6.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-30 — Land Use Goals and Objectives.
a. Section 22-2-30.B states: "Locate urban development in
urban areas." The North Weld County Water
District (NWCWD) currently serves the subject property with
public water. Should future development of the site require
sanitary sewer, service could be made available from the
City of Greeley and would require annexation, according to
the November 22, 2022, referral. Urban use of this property
is acceptable because it is located in an urban area.
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APPL.
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b. Section 22-2-30.C states: "Harmonize development with
surrounding land uses."The adjacent lands to the west also
have split zoning of A (Agricultural) and 1-3 (Heavy
Industrial) and are being utilized in farming operations.
Further west is the Arc Industrial Business Park Subdivision,
zoned 1-3 (Heavy Industrial), and lands to the north and east
have been annexed into the City of Greeley and are
associated with the Greeley -Weld County Airport Authority
operations. Lands located south of East 8th Street are
zoned 1-3 (Heavy Industrial) and utilized as a residence with
lands surrounding a five (5) -acre parcel, annexed into the
City of Greeley and utilized by the Bliss Produce Company.
Industrial use of this property is in harmony with the majority
of the surrounding land uses.
c. Section 22-2-40.A states: "Support compatible economic
development opportunities." The site is located within a
Weld County Opportunity Zone on the Comprehensive Plan
Map and is in an industrial area, thus encouraging the
agglomeration of synergistic businesses.
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. Surrounding land is being used commercially.
Notice was sent to 112 surrounding properties and no responses were
received. The City of Greeley referral, dated November 22, 2022, contained
only advisory comments for future development and no concerns with the
present request. Per the referral, the subject site is located within the City
of Greeley's Long Range Expected Growth Area (LREGA) and if annexed
into the City of Greeley, any development would be required to follow the
Municipal Code criteria. The Greeley Land Use Guidance Map (2017)
designates the area as the Northeast Industrial Area for future industrial
development land uses. The City of Evans expressed no concerns in the
November 8, 2022, referral as it is outside the City of Evans Future Land
Use Map area, and the Town of Kersey expressed no concerns in their
referral, dated November 8, 2022. The Town of Garden City did not
respond to the referral, and the City of Greeley Fire Department also
expressed no concerns in their referral, dated November 8, 2022.
Future 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 for comments. The
Conditions of Approval and Development Standards applied to both this
Change of Zone and any future Site Plan Reviews will adequately address
and mitigate potential impacts. Due to the proximity of other industrial
operations in the vicinity, a Change of Zone to 1-3 (Heavy Industrial) is
compatible with the surrounding land uses.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ22-0012) - SUNSET INDUSTRIAL, LLC
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C. Section 23-2-40.6.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The existing residence is currently served with domestic water from
the NWCWD, via account #2184003 and an On -site Wastewater Treatment
System (OWTS). The existing OWTS, which is not currently
permitted/documented through the Weld County Department of Public
Health and Environment, will require an OWTS Evaluation prior to the
issuance of the required permit/documentation. In the event the system is
found to be inadequate, the system must be brought into compliance with
current OWTS regulations, as expressed by the Department of Public
Health and Environment in the November 20, 2022, referral response. The
City of Greeley in their November 22, 2022, referral stated if in the future,
water and sanitary sewer services are requested to serve the property,
annexation into the City of Greeley will be required prior to the City of
Greeley providing those utility services, as the City of Greeley does not
currently provide utility services to the subject property. The NWCWD did
not respond to the referral request. Section 24-1-40 of the Weld County
Code states "Urban -scale commercial and industrial developments require
public or private sewer systems (On -site Wastewater Treatment Systems)."
D. Section 23-2-40.6.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts.
1) Section 23-3-330 of the Weld County Code states: "Properties
zoned 1-3 should be located near transportation infrastructure such
as highways, railroads, or airports." East 8th Street is designated
on the 2011 Greeley Transportation Plan as a minor arterial and a
collector road on the Weld County Functional Classification Map
(2020). The Weld County Development Review referral, dated
November 15, 2022, indicated, per Section 23-2-30.A.4 of the Weld
County Code, paved roadways are considered adequate in
functional classification, width and structural capacity to meet the
traffic requirements of the Change of Zone. The City of Greeley
Real Estate Management Department commented on a parcel
acquired for right-of-way that is adjacent to the property in review
here. The City of Greeley is currently working with a surveyor to
obtain the necessary legal descriptions and recording the
documents to create future right-of-way and not a separate legal
parcel.
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 23-2-40.6.5.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
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII lirdE'lluNIVIii'IYVJII'IVi+arfiliSi.1I414, III III
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the County regulations concerning Overlay Districts. Compliance
may be demonstrated in a previous public hearing or in the hearing
concerning the rezoning application. The site is located within the
A -P (Airport) Overlay District. Development of the site will be
required to comply with applicable requirements in Chapter 23,
Article V, Division 1, of the Weld County Code. The Greeley -Weld
County Airport Authority did not respond to the request for
comment. Future development applications will be sent to the
airport for review. The site is also located in the Floodplain
Management Overlay District. Development of the site will be
required to comply with applicable requirements in Chapter 23,
Article XI of the Weld County Code. The site is not located within
the following overlay districts officially adopted by the County:
geologic, historic, or Multiple Separate Storm Sewer System (MS4).
2) Section 23-2-40.B.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 property contains a significant
and sizeable sand and gravel resource. Sand and gravel are
present to a depth ranging from 35 to 112 feet throughout the
parcel. The parcel can be considered to contain a sand and gravel
deposit; and the property owner will be pursuing a Division of
Reclamation, Mining, and Safety (DRMS) 112 Construction
Materials Permit with the application having been submitted to the
DRMS in December of 2022. A Weld County Use by Special
Review Permit will be pursued once the DRMS has approved the
112 Construction Materials Permit application. The land that is
being proposed as an RV storage area will also be included in the
DRMS Permit application as a future phase for mining, where
potential batch plants and stockpiling would occur.
3) Section 23-2-40.B.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, 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. Subsurface conditions are varied but
consist of gravelly sands to sandy gravels with localized layers of
sandy clay. Claystone to sandstone bedrock was encountered at
depths ranging from 40 feet to 112 feet below ground surface. The
NRCS Report submitted with the application also considered soils.
The lower terrace within the floodplain soils that are poorly drained,
have a low shrink -swell potential and the substratum consists of
recent alluvium and gravelly substratum, which are frequently
flooded. Soils primarily located on drainageways on uplands, and
floodplains on intermittent streams on uplands, have a low
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII IFJRWICC' !'MCI 1LI KIlig.14 BIM
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shrink -swell potential and are rarely flooded. The upper terrace soils
are identified as excessively drained, with a low shrink -swell and
consist of gravelly alluvium. The soils do not have moderate or
severe limitations for construction and permanent structures are not
planned for the site. If a permanent structure is constructed on the
site in the future, an engineering design will be done for the
structure to ensure that its foundation is appropriate for the soils
found where it is constructed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sunset Industrial, LLC, for a Change of Zone,
COZ22-0012, from the A (Agricultural) and 1-3 (Heavy Industrial) Zone Districts to the 1-3 (Heavy
Industrial) Zone District on the above referenced parcel of land be, and hereby is, granted subject
to the following conditions:
1. Prior to recording the plat:
A. All OWTS located on the property shall have appropriate
permits/documentation from the Weld County Department of Public Health
and Environment. Any existing OWTS, which is not currently
permitted/documented through the Weld County Department of Public
Health and Environment, will require an OWTS Evaluation prior to the
issuance of the required permit/documentation. In the event the system is
found to be inadequate, the system must be brought into compliance with
current OWTS regulations.
B. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or show evidence that
an adequate attempt has been made to mitigate the concerns of the
mineral owner/operators. The plat shall be amended to include any
possible future drilling sites and/or setbacks.
C. The applicant shall acknowledge the requirements of the Colorado Division
of Water Resources, as stated in the referral response, dated
November 14, 2022. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. All vehicles located on the property must be operational with current license
plates or be screened from all adjacent properties and public rights -of -way
or be removed from the property. All other items considered to be part of a
non-commercial junkyard must also be removed from the property or
screened from adjacent properties and public rights -of -way.
E. The applicant shall provide to the Weld County Department of Planning
Services a copy of the Access Permit issued by the City of Greeley, which
grants access to East 8th Street, or written evidence that the applicant has
complied with the requirements of the City of Greeley.
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Carly Koppes, Clerk and Recorder, Weld County , CO
III McIPii'II'i614A 1Yi i YIJAWi Wald Bill PL2860
CHANGE OF ZONE (COZ22-0012) - SUNSET INDUSTRIAL, LLC
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F. The applicant shall provide to the Weld County Department of Planning
Services a copy of the recorded documents associated with the conversion
of a legal parcel into future right -if -way for East 8th Street.
G. The applicant shall receive approval for resubdivision to vacate all road
rights -of -way shown on the Map of Union Colony Lands and contained
within the property boundary to the Department of Planning Services, per
Section 24-9-10 of the Weld County Code. The accepted plat shall be
submitted for recording.
H. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ22-0012.
2) The plat shall adhere to Sections 23-2-50.C and .D of the Weld
County Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) All approved accesses shall be delineated on the plat.
5) This portion of East 8th Street is under the jurisdiction of the City of
Greeley. Please contact the municipality to verify the right-of-way.
Show and label the right-of-way. Show the approved access(es) on
the site plan and label with the approved Access Permit number, if
applicable.
6) The applicant shall show the approved access point(s) on the plat
and label with the approved City of Greeley Access Permit number,
if applicable.
7) The applicant shall 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.
I. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for 1-3 (Heavy Industrial) uses, which
shall comply with the requirements for 1-3 (Heavy Industrial) Zone
District as set forth in Chapter 23, Article III, Division 4 of the Weld
County Code.
2) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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VIII �4��IL' l�I IrI Ch�d'Ril �F��CI b K friwaiglir lid Bill
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3) Any future structures or uses onsite must obtain approval through
a Site Plan Review or Use by Special Review.
4) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
5) 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.
6) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
7) The historical flow patterns and runoff amounts will be maintained
on the site.
8) Water service may be obtained from the North Weld County Water
District.
9) 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.
10) 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.
11) 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 -1542F and 1541F, dated
March 23, 2022 (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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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12) FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain
boundaries have been modified.
13) Building Permits shall be required for any new construction or set
up manufactured structure, per Section 29-3-10 of the Weld County
Code. A Building Permit application must be completed and
submitted. Buildings 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: 2018 International Building Codes, 2018 International
Energy Code, 2020 National Electrical Code, and Chapter 29 of the
Weld County Code. A plan review shall be approved, and a permit
must be issued prior to the start of construction.
14) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
the County Facility Fee, and Drainage Impact Fee Programs.
15) 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.
16) 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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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17) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code, shall be placed on
the map and recognized at all times.
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. The plat shall be prepared in accordance
with the requirements of Section 23-2-50.D of the Weld County Code.
3. Upon approval of the plat, Condition of Approval #2 above, the applicant shall
submit to the Department of Planning Services 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 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.
4. 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 and a land use permit
perfected.
5. 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
determines that conditions supporting the original approval of the COZ cannot be
met, the Board may, after a public hearing, revoke the COZ.
6. In accordance with Appendix 5-J of the Weld County Code, should the 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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddthA) X11D•ok
Weld County Clerk to the Board
BY:
AP
ounty Attorney
Date of signature: 03/x,2/23
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Lori Saine
man, Chair,
2023-0614
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