HomeMy WebLinkAbout20221419.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0004, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT -
INTERNATIONAL FARMS, 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 25th day of May, 2022, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of International Farms, LLC,
11402 County Road 6, Fort Lupton, Colorado 80621, requesting a Change of Zone, COZ22-0004,
from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District for a parcel
of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -373; being part of
the N1/2 NW1/4 of Section 25, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Jorge Valdez, 11402 County Road 6,
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 23-2-40.6 of the Weld County Code as follows:
A. Section 23-2-40.B.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-30.A — states: "Commit to the economic future of
agriculture." The proposed Change of Zone will support the
economic future of the agriculture industry. The proposed use of the
land will be a commercial trucking business that does general
freight, which includes the hauling of hay and alfalfa in addition to
other materials. The current building on the site will be used to store
the hay and alfalfa before transit. For agricultural operations to
function and continue to promote fiscally responsible growth, they
require support systems and facilities (infrastructure), to remain
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Carly Koppea, Clerk and Recorder, Wald County , CO
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CHANGE OF ZONE (COZ22-0004) - INTERNATIONAL FARMS, LLC
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viable. This infrastructure, in some cases, can be specific to
agriculture, and in others used by the public and includes
commodity trucking of products that provide a critical link between
County farmers, ranchers, manufacturers, feedlots, and the inter -
modal railways.
2) Section 22-2-30.C — states: "Harmonize development with
surrounding land uses."The site is located within the three (3) mile
referral area of the Cities of Brighton and Fort Lupton. The City of
Brighton did not return referral agency comments. The City of
Fort Lupton did not have any concerns with the request, as stated
in their referral. The transition of the Change of Zone will not
actually be a transition of land use, but a transition of zones, and
with that will require mitigation practices and buffers between
opposing zone districts and uses. The surrounding properties
located adjacent to the east are lands associated with the
Wattenberg Townsite, utilized as single-family residences; to the
south are lands utilized for agriculture production and lie within the
100 -year floodplain associated with the South Platte River; to the
west are lands in agricultural production and have oil and gas
encumbrances; and to the north, across County Road 6, are
agricultural lands with oil and gas encumbrances and without
improvements.
3) Section 22-4-10.B — Comprehensive Plan Compatibility. The
proposal is located within a Weld County Opportunity Zone as
defined by the Comprehensive Plan Map, adopted in 2020. A Weld
County Opportunity Zone is an area designated for potential
commercial and industrial opportunity. These areas have the
potential to be rezoned to commercial or industrial. The property is
located within a Weld County Opportunity Zone due to its proximity
to the intersection of County Road 23 and County Road 6. Per the
Functional Classification Map (Code Ordinance #2017-01)
County Road 23 is considered a collector road and County Road 6
is considered an arterial road, therefore, making it an Opportunity
Zone Node. The property is also located in the Urban and
Urban/Non-Urban Mix Development Classification.
B. Section 23-2-40.B.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 property is located adjacent to the
unincorporated Historic Townsite of Wattenberg. Any use proposed on the
subject site will go through a permitting process, whether this is a Zoning
Permit, Site Plan Review or Use by Special Review process. All permitting
processes require mitigation methods for properties adjacent to the subject
property that are not like to like zoning. These methods/practices are
reviewed and enforced by Planning staff to ensure the property owner is
compliant. The other surrounding properties consist of ongoing oil and gas
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Carly Kopp., Clark and Recorder, Wald County , CO
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CHANGE OF ZONE (COZ22-0004) - INTERNATIONAL FARMS, LLC
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activity to the north permitted through a Weld Oil and Gas Location
Assessment, WOGLA17-0052, and property to the west and south IS
permitted for a mining operation through a Use by Special Review Permit,
USR-1533; this operation has not yet begun.
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 a commercially permitted well,
Permit No. 307777, with the Colorado Division of Water Resources, which
returned a referral, dated February 9, 2022, and outlined that the
commercial well permit shall only be used for the use of sanitary/drinking
for the business and shall not be used for irrigation of alfalfa or any other
uses not permitted. Per the Weld County Department of Public Health and
Environment referral, dated February 16, 2022, an unpermitted On -site
Wastewater Treatment System (OWTS) is present on the site (SE -
1900021). A registered engineer reviewed the OWTS and determined the
system was adequate for 31 employees.
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. The applicant is proposing to access off of County Road 6
and has an existing Access Permit, AP18-00113, for commercial use; no
other access is proposed. Per the referral, dated February 8, 2022, from
the Department of Planning Services — Development Review, this portion
of County Road 6 is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as an arterial
road, which requires 140 feet of right-of-way. This road buildout and
designation is appropriate transportation infrastructure for commercially
zoned properties.
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 23-2-40.B.5.a — The proposed Change of Zone is not
located within the Municipal Separate Storm Sewer System Area
(MS4) or Geological Hazard Area, but is located in a Special Flood
Hazard Area. The Department of Planning Services — Floodplain
returned a referral on February 16, 2022, requiring the applicant to
label the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study on the Change of Zone plat. The current structure
onsite is not located in the floodplain and no buildings are proposed
at this time, additionally there shall be no storage of vehicles or
equipment is not permitted within the floodplain.
2) Section 23-2-40.B.5.b — The proposed Change of Zone does not
interfere with the present extraction of mineral resources. The
applicant included a Geotechnical Engineering Report from Cole
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Carly Koppel, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ22-0004) - INTERNATIONAL FARMS, LLC
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Garner Geotechnical, prepared on February 4, 2022. The report
assessed the site geology and stated the site consisted of "River
Gravel" of Upper Pleistocene Age, which includes fine to coarse
sands, and beds of silt and clay, varying with gravel, cobbles, and
boulders. These materials are located roughly 550 to 600 feet deep.
Recorded Exemption, RE -373, was recorded on February 14, 1979,
creating the 16 -acre property. Furthermore, USR-1533 was
recorded on October 18, 2007, for a mining operation and
specifically excluded the subject property from the proposed
mineable area, thus determining the area not viable for mining.
3) Section 23-2-40.B.5.c — The Geotechnical Engineering Report from
Cole Garner Geotechnical, prepared on February 4, 2022, indicated
there are fine to coarse sands with silt and gravel on site and sandy
soils are medium dense in relative density. The sand soils are
generally considered non -plastic and non -expansive. With the size
of the property at 16 acres, no further development proposed, and
the results of the Geotech report, there are not any concerns with
the soils on site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of International Farms, LLC, for a Change of Zone,
COZ22-0004, from the A (Agricultural) Zone District to the C-3 (Business Commercial) 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. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ22-0004.
2) The plat shall adhere to Section 23-2-50.C and D of the Weld
County Code.
3) All recorded easements and rights -of -way shall be shown and
dimensioned on the Change of Zone plat by book and page or
Reception number.
4) 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.
5) County Road 6 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as an arterial road, which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate and label the future and
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Carly Kopper, Clerk and Recorder, Weld County , CO
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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.
6) The applicant shall show and label the existing permitted access
point and the usage types (e.g. Agriculture, Residential,
Commercial/Industrial, or Oil and Gas). Public Works will review
access locations as a part of the plat submittal.
B. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ22-0004, allows for C-3 (Business
Commercial) uses, which shall comply with the requirements set
forth in Chapter 23, Article III, Division 3 of the Weld County Code.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building permits.
3) 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 -2115F, dated
September 17, 2020 (South Platte 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.
4) 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.
5) Water service may be obtained from an appropriately permitted
well.
6) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by an On -site Wastewater
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Carly *copes, Clerk and Recorder, Weld County , CO
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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.
7) 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.
8) 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.
9) Weld County will not replace overlapping easements located within
the existing right-of-way or pay to relocate existing utilities within
the existing County right-of-way.
10) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
11) 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.
12) The historical flow patterns and runoff amounts will be maintained
on the site.
13) Building Permits may 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 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 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 Fee Impact,
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
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Carly Kopp's, Clark and Recorder, Weld County , CO
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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.
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.
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
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Carly Kopp., Clerk and Rsoordar, Wald 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.
6. 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.
7 The property owner shall be allowed 120 days from the date the Change of Zone
plat is recorded to submit a Site Plan Review application.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of May, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COUNTY, COLORADO
ATTEST: dam.%)
Weld;County Clerk to the Board
BY:
AP
ounty Attorney
Date of signature: 6/16/2.2
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Carly Koppel', Clark and Recorder, Wald County , CO
IIIII O�r Nrl'4 EIM II
ott K. James, Chair
man, Pro-Te
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