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Home My WebLink About20223098.tiffRESOLUTION RE: GRANT CHANGE OF ZONE, COZ22-0008, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - JAMM POWER SERVICE, 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 30th day of November, 2022, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of JAMM Power Service, LLC, 32495 County Road 14, Keenesburg, Colorado 80643, requesting a Change of Zone, COZ22-0008, 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, RECX16-0018; being part of the W1/2 SE1/4 of Section 19, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was present and represented by Eric Wernsman, Wernsman Engineering and Land Development, P.O. Box 105, Lasalle, Colorado 80645, 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 23-2-30.A.1 — The proposal is consistent with Chapter 22 of the Weld County Code. 1) Section 22-3-30.B.4 — states: "Pursue Coordinated Planning Agreements with all municipalities within the County." The proposed Change of Zone is located within the Town of Keenesburg's Coordinated Planning Agreement area. The applicant submitted a signed Notice of Inquiry (NOI) Form, dated March 15, 2022. The details of the NOI Form stated the following, "Met with applicant and although this property and the plans for development are in alignment with the town's comprehensive planning map for land use, the applicant does not wish to 4877191 Pages: 1 of 7 GC % PL(TP/MW) 01/17/2023 10:24 AM R Fee:$0.00 Apps, Carly Koppes, Clerk and Recorder, Weld County , CO , APPS. REP. 2022-3098 �� WirrKf: 1il1 'I J IrNAWYMIlaiii III 0O'26/23 PL2842 CHANGE OF ZONE (COZ22-0008) - JAMM POWER SERVICE, LLC PAGE 2 annexation at this time." The 2019 Keenesburg Land Use Plan identifies the area of the subject property as Highway Commercial. 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 towns of Hudson and Keenesburg. The Town of Hudson returned a referral, dated August 10, 2022. The comments stated they do not favor the request due to unknown traffic counts, fire code and fire suppression, and the proximity to Keenesburg municipal limits. All the concerns have or are being addressed through the Conditions of Approval. The Town of Keenesburg did not return a referral but the NOI form, dated March 15, 2022, states this request aligns with the future goals of the town. The surrounding properties located adjacent to the east, south and west are lands utilized for agriculture production; and to the north are lands used for a current cryogenic process plant. 3) Section 22-4-10.6 — 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 Interstate 76. The property is also located in the Urban and Urban/Annexation Mix Development Classification. The reason for being located in the 0.25 mile annexation ring is due to County Road 18 being under the ownership of the Town of Keenesburg. 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. 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. All lands around the subject property are located within the County. The uses specifically consist of ongoing oil and gas activity and a cryogenic processing plant permitted through 1MUSR18-17-0065. Approximately 0.50 miles to the north of the subject property is the future Pioneer Village, which is a planned master community within the Town of Keenesburg. The zoning and uses within the community vary but there are commercial and industrial uses proposed. 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. Water will be provided by a commercially permitted well, 4877191 Pages: 2 of 7 01/17/2023 10:24 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 1111 MAWNiel 2022-3098 PL2842 CHANGE OF ZONE (COZ22-0008) - JAMM POWER SERVICE, LLC PAGE 3 Permit No. #86845-F, with the Division of Water Resources, who returned a referral, dated July 29, 2022, that outlined the well permit was issued on April 1, 2022, pursuant to C.R.S. §37-90-137(4), and the findings of the State Engineer to construct a well to withdraw 11.5 acre-feet per year from the Laramie -Fox Hills aquifer. The well permit allows for commercial and light industrial use. Per the Weld County Department of Public Health and Environment referral, dated July 21, 2022, the property is currently vacant and will be served by an On -site Wastewater Treatment System when development occurs. 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. Per the Development Review referral, dated July 28, 2022, this portion of County Road 18 is under the jurisdiction of the Town of Keenesburg. The municipality has jurisdiction over access to the road. The applicant shall delineate the future and existing right-of-way and the physical location of the road on the plat. 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. Be aware that physical roadways may not be centered in the right-of-way. Please contact the municipality to verify the Access Permit or for any additional requirements that may be needed to obtain or upgrade the Permit. County Road 18 is found to be adequate in functional classification, width and structural capacity to meet the traffic requirements of the proposed zone. County Road 18 is a paved two-lane road. 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 23-2-30.A.5.a — The proposed Change of Zone is not located within the Municipal Separate Storm Sewer System Area (MS4), Geological Hazard Area or Special Flood Hazard Area. 2) Section 23-2-30.A.5.b — The proposed Change of Zone does not interfere with the present extraction of mineral resources. The applicant included a Geotechnical Engineering Letter from High Plains Engineering and Consulting, LLC, prepared on July 14, 2022, with the results of the onsite inspection, and the applicant determined there are not mineral lessees, per their mineral research. 3) Section 23-2-30.A.5.c — The NRCS Soils Survey provided by the applicant indicated the following soils on site: 15 - Colby loam, 47 - Olney fine sandy loam, and 79 - Weld loam. There are not any concerns with the soils onsite for development. 4877191 Pages: 3 of 7 01/17/2023 10:24 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2022-3098 PL2842 11111 POW: Phi 11 CRAW II CHANGE OF ZONE (COZ22-0008) - JAMM POWER SERVICE, LLC PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of JAMM Power Service, LLC, for a Change of Zone, COZ22-0008, 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 COZ22-0008. 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) This portion of County Road 18 is under the jurisdiction of the Town of Keenesburg. 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. 5) The applicant shall show and label the access point and the permitting information from the Town of Keenesburg. B. The following notes shall be delineated on the Change of Zone plat: 1) Change of Zone, COZ22-0008, 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) Water service may be obtained from an appropriately permitted well. 4) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by an On -site Wastewater Treatment System 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. 4877191 Pages: 4 of 7 01/17/2023 10:24 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO A�� F i k+w n�= �w diu 2022-3098 PL2842 CHANGE OF ZONE (COZ22-0008) - JAMM POWER SERVICE, LLC PAGE 5 5) 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. 6) 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. 7) Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 8) The historical flow patterns and runoff amounts will be maintained on the site. 9) 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 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. 10) 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. 11) 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 stated herein and all applicable Weld County regulations. 12) 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 4877191 Pages: 5 of 7 01/17/2023 10:24 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII INFJOICLOWL114 i kKAR.IGIMILVIWilli Ell 2022-3098 PL2842 CHANGE OF ZONE (COZ22-0008) - JAMM POWER SERVICE, LLC PAGE 6 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 the 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 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. 4877191 Pages: 6 of 7 01/17/2023 10:24 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Wald County , CO �PAVVIAilliFILIV \N1Y4rh N111111111 2022-3098 PL2842 CHANGE OF ZONE (COZ22-0008) - JAMM POWER SERVICE, LLC PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELDCOUNTY, COLORADO ATTEST: ddtiftev jCLLo;cr Weld County Clerk to the Board BY: �,J�NU- AP eputy Clerk to the Board County Attorney Date of signature: 4877191 Pages: 7 of 7 01/17/2023 10:24 AM R Fee:$0.00 Carly Koppas, Clerk and Recorder, Weld County , CO uiu I rjrvGrr�1li 'III ' h��l 'i I�J1�IU�f 14��k��Yi 11 II 1 Scot K. James, Chair Mike F teve Moreno 2022-3098 PL2842 Hello