HomeMy WebLinkAbout20221420.tiffRESOLUTION COZ22-0004
INTERNATIONAL FARMS, LLC
PAGE 2
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 property is located adjacent to the unincorporated Histonc 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 activity to the north
permitted through a Weld Oil and Gas Location Assessment, WOGLA17-0052 and property to the
west and south permitted for a mining operation through a Use by Special Review Permit, USR-1533,
this operation has not yet begun
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
Water is currently provided by a commercially permitted well, Permit no 307777, with the Division of
Water Resources The Division of Water Resources returned a referral dated February 9, 2022 and
outlined that the commercial well permit shall only be used for the use of sanitary/dunking for the
business and shall not be used for irngation 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 site (SE -1900021) A
registered engineer reviewed the OWTS and determined the system was adequate for thirty (31)
employees
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 distracts
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 artenal road, which requires 140 feet of right-of-way This road buildout and
designation is appropnate transportation infrastructure for commercially zoned properties
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 - 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 retuned a referral
on February 16, 2022, that is 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 on
site is not located in the floodplain and no buildings are proposed at this time, additionally there
shall be storage of vehicles or equipment in the floodplain
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 Report from
Cole Garner Geotechnical prepared on February 4, 2022 The report assessed the site geology
and stated that 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 sixteen (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
RESOLUTION COZ22-0004
INTERNATIONAL FARMS, LLC
PAGE 3
3) Section 23-2-30 A 5 c — The Geotechnical Engineenng 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 sods are generally
considered non -plastic and non -expansive Due to the size of the property at sixteen (16) acres,
no further development proposed and the geotech report there are not any concerns with the
sods on site for development if it occurs
This recommendation is based, in part, upon a review of the application matenals submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
THE CHANGE OF ZONE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL)
ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING
1 Pnor 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 (Department of Planning Services)
t
2 The plat shall adhere to Section 23-2-50 C and D of the Weld County Code (Department of
Planning Services)
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 (Department of Planning Services)
4 Show the floodplain and floodway Of applicable) boundanes on the map Label the floodplain
boundanes with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study
(Department of Planning Services — Floodplam)
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 nght-of-way at full
buddout The applicant shall delineate and label on the plat the future and existing nght-of-way
(along with the documents creating the existing nght-of-way) and the physical location of the
road If the existing nght-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 Sec 23-1-90, the required setback is measured from the future nght-of-way line
This road is maintained by Weld County ,(Development Review)
6 Show and label the existing permitted access point and the usage types (e g Agnculture,
Residential, Commercial/Industrial, or Oil and Gas) Public Works will review access locations as
a part of the plat submittal (Development Review)
2 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 (Department
of Planning Services)
2 Any future structures or uses on site must obtain the appropnate zoning and budding permits
(Department of Planning Services)
3 A Flood Hazard Development Permit is required for all construction or development occurnng 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 descnbed in 44 CFR parts 59, 60, and 65
RESOLUTION COZ22-0004
INTERNATIONAL FARMS, LLC
PAGE 4
The FEMA definition of development is any man-made change to improved or unimproved real
estate, including by not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, dulling operations, or storage of equipment and matenals (Department of
Planning Services — Floodplain)
4 FEMA's floodplain boundanes may be updated at any time by FEMA Pnor to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundanes have been modified (Department of Planning Services — Floodplain)
5 Water service may be obtained from an appropriately permitted well (Department of Public Health
and Environment)
6 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
(Department of Public Health and Environment)
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 contnbute to compaction of
the sod or to structural loading detrimental to the structural integnty or capability of the component to
function as designed (Department of Public Health and Environment)
8 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
9 Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County nght-of-way (Development Review)
10 Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Development Review)
11 Any work that may occupy and or encroach upon any County nghts-of-way or easement shall acquire
an approved Right -of -Way Use Permit pnor to commencement (Development Review)
12 The historical flow patterns and runoff amounts will be maintained on the site (Development Review)
13 Budding permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code A budding permit application must be completed and
submitted Buildings and structures shall conform to the requirements of the vanous codes adopted
at the time of permit application Currently the following has been adopted by Weld County 2018
International Budding Codes, 2018 International Residential Code, 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 pnor to the start of construction (Department of Building
Inspection)
14 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs (Department of Planning Services)
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 carned 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 COZ22-0004
INTERNATIONAL FARMS, LLC
PAGE 5
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 vanous impacts associated with this development Often times, 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
3 Upon completion of Conditions of Approval 1 and 2 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
4 Upon approval of the plat, Condition of Approval 3 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 Staff The Mylar plat and additional requirements shall be submitted within one -
hundred -twenty (120) days from the date of the Board of County Commissioners resolution The applicant
shall be responsible for paying the recording fee
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 budding permit shall be issued, and no use shall
commence on the property until the plat is recorded
6 If a plat has not been recorded within one hundred twenty (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 heanng, revoke the COZ
7 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 Courity Commissioners Resolution, a
$50 00 recording continuance fee shall be added for each additional 3 -month penod
8 The property owner shall be allowed one hundred twenty (120) days from the date the change of zone
plat is recorded to submit a Site Plan Review application
i
RESOLUTION COZ22-0004
INTERNATIONAL FARMS, LLC
PAGE 6
Motion seconded by Butch White
VOTE
For Passage Against Passage Absent
Lonnie Ford
Sam Gluck
Pamela Edens
Michael Palizzi
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 Commissioners for further proceedings
Tom Cope
Elijah Hatch
Skip Holland
Butch White
Michael Wades
CERTIFICATION OF COPY
I, Knstine 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 May 3, 2022
Dated the 3rd of May, 2022
46yiehnt_dAnolnti-i,
Knstine Ranslem
Secretary
The Chair asked if the gravel trucks will be the pnmary source of business Mr Valdez said that they will
mainly be agricultural but will have some gravel trucks leave the site in the morning and come back at the
end of the day
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ22-0004 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Skip Holland,
Seconded by Butch White
Vote Motion carned by unanimous roll call vote (summary Yes = 5)
Yes Butch White, Elijah Hatch, Michael Wailes, Skip Holland, Tom Cope
Meeting adjourned at 3 32 pm
Respectfully submitted,
4Sueb,u.&acarn.
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
V n 6-795'04
/(1950 (0(/Q-717 a.,,, r ) £,Y-4 Zip.) -0/1 (47 S'asd t
� (41/ .2 M5!1- Cr-2.ei
.le✓4)
21O u.1 Pr, Ali-,
113,5-1 wca 77 G A-,S"f-l/-e eei go o 1J1
77.y �z1D-A�24/
��77��.��� es s-/1.492240=2 /er,
%- � ,44/-.L.—..
S 4 h u!L �� aa1\e^2-
/A9/ 3 Wc-c- 4'4 Lr,/\ ', g 0Cp/c---
nt6
WS' ba-, 0 GI ma, l - cot,
Edkiq rd 4Udet
16240 Casier4 -. i4srfLa 6A (6, 8riszt
ea OA ftia►f, em
WV (AAA,- SAvn S-
X00 W U.‘`.^ S-- We -1(6 no13 MN '5-C21 D3
, rult2lLe - fi 0110W -foie
ViA:\c\e.v\ Writ\-"
-521cto ce.v,1i' 'R.®oke a3 b.)+vtasbv -a c0 $0550
nlp.1c,x,k. brler @ coui I. c:
1-1 -n u1oi Kn a c-- (asi-tt ,
,
35-w5 op, Z5 gAltoA/, CO 6/J'
0415 KT) arf @ o vna'Jl f off°
12 ��A
��fC
� /z/0 2 a �� � (o
� � �
�o �j � i�� �
:� �YY/, �/tenn � �� �
1` kc�✓1C`k � r r� ��)
_o�-�
/ /
k \`ACA �� --c'K l C;'tGY" �
V C1� �h � k5(U 1,�,� „Ti
4c --,C r � b. (rc-��.)
1\ Lk(Y.D Car, To( - 1, O �_Aor1 Lc�
Joy c? �o�d�-t�vck\�ny
40----'-`-. C = V
\. X1.09 <.(DA''' 74- L
a _d1 "62-EZ-lCep` a -t -
V (Af k, bvrfeilcN
14-}53 0'08 For+ luPI-on Co ze06,�1 7burro
lc," cavro x161 ea mai
JQg 141;47te -
l72lr CQ ./6 Let J414 (0 eYD6`-/6' ,
',if. WA) P4,r) -4n�r-
-,,mA1/47a y�c�a
'DGo�, 146 0-WR-I>it0i3A) c(t [�
7
-4)
7sir f� yG s,�/1.� ��� i
,J II\Gh C Ow 1w \
-5 Ob Pt 41_, ()/`Q "L VklV,ay.d$ ea,^ctn i CO
44-6 v; i P-e,-e..zJ
1 n ot sT-4-6 4w c (e- SIB 17+ tA,y4 6'14 eb
--121,1-101- eazi .et:*
pa•Pi c -13 }Rec:. "7--lD--)G
F-DGr.QQ,al C k 4* -7 "1----' t tip+D,1
DPrkJ01Ekip „pneth
2r cor-7
owl
eC ovi
CcOe-c„.
Hello