HomeMy WebLinkAbout20223471.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0011, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - R&N
PROPERTIES, 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 21st day of December, 2022, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of R&N Properties, LLC,
14101 East 33rd Place, Suite F, Aurora, Colorado 80011, requesting a Change of Zone,
COZ22-0011, 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:
Lots A and B of Recorded Exemption, RE -1300;
being part of the N1/2 SE1/4 of Section 22,
Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was present and represented by Mike Beach, Ridgetop
Engineering 541 East Garden Drive, Unit N, Windsor, Colorado 80550, 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 23-2-40.6.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-4-10.A.1, being the Comprehensive Plan Map section,
refers to one (1) of the two (2) main components for siting
preference of rezonings and subdivisions. Specifically, that areas of
opportunity for commercial and industrial development are logically
developed based on transportation infrastructure of roads and
railroads. The proximity of this site to Interstate 25 (1-25) and Erie
Parkway allows for the convenient and efficient regional
transportation of goods and services that will be produced or based
from potential businesses on this property. By rezoning the property
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Carly Kopp., Clerk and Recorder, Weld County , CO
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to 1-2 (Medium Industrial), a larger variety of anticipated future users
may benefit from the nearby vehicular transportation network. As
the applicant has voluntarily selected 1-2 (Medium Industrial) rather
than 1-3 (Heavy Industrial), many heavy industrial activities will not
be present in this development. As a result, railroad service, which
is often a desired feature of heavy industrial users, was not a
contributing factor for the locational siting decision of the developer.
2) Section 22-4-10.B, being the Weld County Opportunity Zone
criteria, states that zone changes to commercial and industrial are
preferred in select areas of the County, specifically, within
one-half (1/2) mile of U.S. highways. The property is located within
the one (1) mile buffer surrounding 1-25 and is classified as being
located within a Weld County Opportunity Zone. As such, the
County supports a Change of Zone in this area, assuming
compliance with other applicable Change of Zone requirements of
the Weld County Code. Specifically, this property is located in a
preferred location for a Change of Zone given the ability to access
markets, the transitional nature of this portion of Weld County and
the location within an urbanizing region with a rapidly growing
population base. Furthermore, by creating a centralized business
park in an area that can support such development, it may directly
reduce the amount of individual commercial and industrial
businesses locating sporadically in inappropriate areas throughout
Weld County, often at cost to agricultural communities.
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 subject property is comprised of two (2) legal
lots, both with single-family residence and multiple outbuildings and sheds,
located in the north -central portion of the property. The remaining land is
utilized for agricultural purposes. The Farmers Reservoir and Irrigation
Company (FRICO) owned and managed Stanley Ditch (Bull Canal) is
located along the east property line. The surrounding lands are a mix of
agricultural, rural residential, industrial and public infrastructure uses. No
residences are located north or east of the property for at least one-half
(1/2) mile. Sporadic farm residences are located to the west. The closest
concentration of residence lies approximately one -quarter (1/4) mile to the
south, being roughly ten (10) unincorporated residences that access south
onto County Road 6, the closest of which is approximately 1,200 feet away
from the subject Change of Zone southern property line. Of those
residences, three (3) comprise the platted Baker Subdivision.
The parcel directly to the northwest was recently zoned C-3 (Business
Commercial) and has an in -progress Site Plan Review application for an
outdoor storage facility. The parcel directly to the north is zoned
A (Agricultural) and has a Use by Special Review permit for an outdoor
storage facility. One (1) of the two (2) parcels directly to the south of the
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Carly Koppea, Clerk and Recorder, Weld County , CO
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property is zoned A (Agricultural) and has a Use by Special Review permit
for a landscaping business, currently occupied by Asphalt Specialties. The
second parcel to the south was incorporated into the municipal limits of Erie
in April of 2000, via the Baker Annexation No. 2, is zoned RP -3 (Rural
Preservation) and is vacant. The parcel directly to the west is zoned
A (Agricultural) and has a Use by Right livestock feeding operation. The
land to the east, located on the east side of 1-25, is located in Broomfield
City and County. To the southeast is the Althen-Boyer Commercial Unit
Development, which contains nine (9) lots of industrial businesses. There
are several other Use by Special Review permits in the immediate area for
diverse uses, including an excavation company, fence company, trucking
company and mineral resource development facility. Notably, several of
these USR permits are located on lots within the grouping of
aforementioned residences located south of the R&N site. The subject
Change of Zone to 1-2 (Medium Industrial) and the uses permittable in that
Zone District will be compatible with the existing surrounding land uses.
The Department of Planning Services sent notice to nine (9) surrounding
property owners within 500 feet of the subject parcel. No responses were
received back.
The subject site is not located within a Coordinated Planning Agreement
(CPA) boundary. The site is located in the three (3) mile referral area of
Adams County, the City of Dacono, the Town of Erie, Boulder County, the
City of Northglenn and the City and County of Broomfield. Adams County
and the City of Dacono both responded to the referral notice and did not
express any concerns about the Change of Zone in their referrals,
respectively dated September 9, 2022 and August 31, 2022. None of the
other listed jurisdictions responded to the referral notice, including the
Town of Erie, whose boundaries lie immediately to the south of the
property. It is anticipated that the Weld County Department of Planning
Services will receive comments from the Town of Erie on future individual
land use application submittals within the proposed industrial business
park. Moreover, upon review by Weld County staff, it appears the proposed
Change of Zone complies with the goals of the 2015 Town of Erie
Comprehensive Plan — Land Use Plan Map. Specifically, this property is
designated as I (Industrial) for the intended future land uses.
In any event, future land use permitting on the subject site, whether by Site
Plan Review or Use by Special Review, will require uses to conform to
appropriate Design and Operations Standards and will include a
landscaping and screening component, to ensure compatibility with the
1-25 corridor and surrounding land uses.
C. Section 23-2-40.B.3 — The COZ application materials included a letter from
the Left Hand Water District (LHWD), which states the property has an
existing 3/4 -inch equivalent tap for water service. The Environmental
Health questionnaire, as submitted by the applicant, states the applicant
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Carly Koppes, Clerk and Reoorder, Weld County , CO
VIII PrAtmollinci tow I '.! ktit\I 11111
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has been in contact with LHWD regarding the design of a Water Main Loop,
likely from a water vault connection at the corner of 1-25 and County Road
6, then north parallel to 1-25, then west, connecting to a water main on
County Road 7. The LHWD provided a referral, dated September 13, 2022,
in response to this COZ application, which requires the applicant to submit
a Tap Availability Review Request Form and Commercial Supplemental
Form in order to evaluate the future commercial needs of this industrial
park. There was no objection to the proposed water demand of the
property, nor any stated inability to obtain commercial water service.
As this Change of Zone seeks to establish the zoning for a large industrial
business park, the COZ application materials state the future land use
applications will further evaluate the specific needs for individual users.
There are two (2) existing permitted septic systems on the property for the
existing residences. When the property is redeveloped, these residences
and utilities are expected to be demolished and removed.
D. Section 23-2-40.6.4 — The parcel has an existing access onto the West
Interstate 25 Frontage Road, under the jurisdiction of the Colorado
Department of Transportation (CDOT). This Frontage Road extends south
from Erie Parkway (County Road 8) to the existing site access location and
then dead ends approximately 600 feet further to the south. A CDOT State
Highway Access Permit, dated November 9, 2022, has been submitted by
LSC Transportation Consultants, Inc., on behalf of the property owner. Per
the CDOT access application, anticipated peak hour vehicles volumes are
approximately 172, subject to future build -out. No other access is
proposed. No gates are being proposed at the main access location onto
the Frontage Road. There are no indications that the West Interstate 25
Frontage Road would not be adequate to meet the access needs of the
future proposed development. The Colorado Department of Transportation
(CDOT) did not respond to this referral request.
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 — The proposed Change of Zone (COZ) is
not located within the Airport, 1-25, MS4, Historic Townsite or
Special Flood Hazard Area. No additional compliance with these
Overlay Districts must be demonstrated. However, the site is
located within the Geologic Hazard Overlay District. As displayed
on the Weld County Property Portal, a geologic mapping layer
developed jointly by the Colorado Geological Survey (CGS) and
U.S. Geological Survey (USGS), the property is shown as underlain
by the abandoned Washington underground coal mine in the
Boulder -Weld coal field at a depth of over 400 feet. As a result, the
soils report submitted with any future Building Permit application
shall include geotechnical recommendations stamped by a
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Carly Koppel, Clerk and Recorder, Weld County , CO
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registered engineer and shall be submitted to the Building
Inspection Department along with the Building Permit application.
The study shall specify that the foundation and structure design are
appropriate for the specific site. No certificate of occupancy shall be
issued until the Building Official is satisfied that the structures have
been constructed in compliance with the geotechnical
recommendations, per Section 23-5-130 of the Weld County Code.
2) Section 23-2-40.B.5.b — The proposed Change of Zone does not
interfere with the present or future extraction of mineral resources,
more so than the existing zoning. Open mining and the processing
of materials is permitted via a Use by Special Review permit in both
the existing A (Agricultural) Zone District and the proposed
1-2 (Medium Industrial) Zone District. Per the Zeren Land Services
research, dated August 1, 2022, the only mineral owner and mineral
leasehold owners entitle to notice under the Surface Development
Notification Act of the C.R.S. is Crestone Peak Resources Holdings,
LLC. Crestone was notified by the applicant as part of the required
Weld County mineral owner notice requirement. No response has
been received by Crestone. Additionally, the hard rock minerals,
being coal, have already been extensively mined in this area in the
1940s -1960s. Furthermore, there are no recoverable aggregate
resources in the area, per the 1975 Weld County Sand and Gravel
Resources map, and nearby deposits were identified as low -quality
upland gravel deposits with significant amounts of silt, clay and
incompetent rock.
3) Section 23-2-40.B.5.c — The site is relatively flat with an
approximate relief across the site of 20 feet from northwest to
southeast. The generated United States Department of Agriculture
(USDA) Natural Resources Conservation Service (NRCS) Custom
Soil Report describes the property containing primarily low -slope
clay soils. Per the Limited Geotechnical Engineering Study
prepared by Earth Engineering Consultants, LLC, subsurface
backhoe test pits were conducted to evaluate the potential of
collapsible soils on the subject site, as this site is located in a
Geological Hazard area. Notably, the site contains soils which were
loosely deposited and highly porous, achieving a proclivity for
collapse, as corroborated by Colorado Geological Survey literature.
As a result, the Study recommends that further subsurface
exploration should occur in order to best determine the proper over -
excavation and soil replacement methods to address the collapsible
subsoils and that a geotechnical engineer be retained for testing
and observations during earthwork phases of future site
development to help guide design requirements.
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Carly Koppes, 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 R&N Properties, LLC, for Change of Zone, COZ22-0011,
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. Prior to recording the plat:
A. The applicant shall acknowledge the advisory comments from Mountain View Fire
Rescue, as stated in the referral response, dated September 2, 2022. Evidence of
such shall be submitted, in writing, to the Weld County Department of Planning
Services. Integration of applicable requirements shall be included in any future Site
Plan Review or Use by Special Review submittal.
B. The applicant shall acknowledge the advisory comments from the Left Hand Water
District, as stated in the referral response, dated September 13, 2022. Evidence
of such shall be submitted, in writing, to the Weld County Department of Planning
Services.
C. The Change of Zone plat shall delineate the following:
1) All sheets of the plat shall be labeled COZ22-0011.
2) The plat shall adhere to Section 23-2-50.D of the Weld County Code.
3) All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or Reception number.
4) Show the Colorado Department of Transportation (CDOT) right-of-way on
the plat along with the documents creating the right-of-way.
5) Show the approved Colorado Department of Transportation (CDOT)
access point(s) on the plat and label with the approved access permit
number if applicable.
D. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ22-0011, 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, as amended.
2) Any future structures or uses onsite may be required to obtain approval
through a Site Plan Review or Use by Special Review and 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.
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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.
5) Access on the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
6) The historical flow patterns and runoff amounts will be maintained on the
site.
7) Water service may be obtained from the Left Hand Water District.
8) 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.
9) 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.
10) 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.
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 and Development Standards 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 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.
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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 the Department of
Planning Services. The plat shall be prepared in accordance with the requirements of
Section 23-2-50.C and .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 determines that conditions supporting the original
approval of the COZ cannot be met, the Board may, after a public hearing, revoke the
COZ.
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. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the required 120 days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for
each additional three (3) month period.
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Carly Koppel, Clerk and Recorder, Weld County , CO
MAMA
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of December, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELL COUNTY, COLORADO
ATTEST: t/) i, ;(,
Weld County Clerk to the Board
BY:
AP
Count Attorney
Date of signature: O
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Carly Kwp.$, CI.rk and R�oord�r, W.ld County , CO
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Scott K. James, Chair
Mike an, Pro-Tem
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Perry L. B c
Steve Moreno
Lori Saine
2022-3471
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