HomeMy WebLinkAbout20220102.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ21-0007, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - GARY LEE
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 12th day of January, 2022, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Gary Lee, 6135 West 8th
Street, Greeley, Colorado 80634, requesting a Change of Zone, COZ21-0007, from the
A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District for a parcel of land located
on the following described real estate, to -wit:
Lot 2 of the Union Colony Subdivision; being part of
the NE1/4 SW1/4 of Section 9, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present, 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:
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.B.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-30.B states: "Locate urban development in urban
areas." The North Weld County Water District 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 October 13, 2021, referral. Urban use of this property is
acceptable because it is located in an urban area.
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Carly Koppss, Clark and Rsoordsr, Weld County , CO
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APPL.
3/16/22
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2022-0102
PL2806
CHANGE OF ZONE (COZ21-0007) - GARY LEE
PAGE 2
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses."The applicant owns two (2) adjacent lots to
the west, which are zoned 1-3 (Heavy Industrial) and being used
industrially. Further west is a commercial/industrial business park
annexed into the City of Greeley. Land to the northwest is zoned
industrially in both the City and County. Directly north is residential
property. The property directly south is zoned C-3 (Business
Commercial). The property to the east remains zoned
A (Agricultural), but a USR15-0009, for a trucking company is
adjacent. Industrial use of this property is in harmony with the
majority of surrounding land uses.
3) 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.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. Surrounding land is being used commercially.
Notice was sent to 24 surrounding properties and no responses were
received. The City of Greeley referral dated October 29, 2021, contained
only advisory comments for future development and no concerns with the
present request. The Greeley Land Use Guidance Map (2017) designates
the area for Mixed Use High Intensity land uses. The Town of Garden City
expressed no concerns in the October 19, 2021, referral. The Greeley Fire
Department also expressed no concerns in the October 12, 2021, referral.
Future industrial uses will have to be approved through a Site Plan Review
or Use by Special Review application process, which includes review by
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.
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. The site is currently served domestic water from the North Weld
County Water District, via account #2176002. The site uses on -site
wastewater treatment for sewage disposal, under permit #G19920283. No
concerns regarding water or sewer service were expressed by the
Department of Public Health and Environment in the October 21, 2021,
referral response, the City of Greeley in the October 29, 2021, referral
response, or from the North Weld County Water District.
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Carly Koppas, Clerk and Raoorder, Wald County , Co
1111 NU4>r1467I i�'Ilull PL2806
CHANGE OF ZONE (COZ21-0007) - GARY LEE
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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.
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 16th Street is designated
on the 2011 Greeley Transportation Plan as a minor arterial and a
local road on the Weld County Functional Classification Map
(2020). The Weld County Development Review referral, dated
October 13, 2021, indicated that the county road providing access
to the property is adequate in functional classification, width, and
structural capacity for the estimated traffic. Should the traffic
increase, the City of Greeley, in the referral dated October 13, 2021,
requests to review any traffic studies and discuss future impacts to
the transportation system. The City also asked to review any future
drainage report showing storm drainage to be discharged into
Greeley's stormwater infrastructure system.
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 — 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
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. Future development
applications will be sent to the airport for review. The site is not
located within the following overlay districts officially adopted by the
County: geologic, historic, Multiple Separate Storm Sewer System
(MS4), or floodplain.
2) Section 23-2-30.A.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 Geotech Report, dated
September 8, 2021, submitted with the application indicates that
sand and gravel deposits may be located at least ten (10) feet under
the surface, but are not economically viable. The site is not located
within an area recognized as having economically recoverable sand
and gravel or other metallic resources. No other potential geologic
hazards were identified.
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Carly Koppel, Clark and Reoorder, Weld County , CO
III WJIA 1IAKI11111 PL2806
CHANGE OF ZONE (COZ21-0007) - GARY LEE
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3) Section 23-2-30.A.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, that 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. The Geotech Report, dated
September 8, 2021, submitted with the application also considered
soils, which are mostly Otero sandy loam, which has "rapid
permeability, slow surface runoff and low erosion hazard." No soil
limitation was identified.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Gary Lee, fora Change of Zone, COZ21-0007, from the
A (Agricultural) Zone District 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:
Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ21-0007.
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 shown and
dimensioned on the Change of Zone plat.
4) East 16th Street is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and 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 or
reserved, per Weld County Code. 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.
5) The applicant shall show and label the existing, proposed access
point and the usage type (Commercial). Final review of the access
location is part of the plat submittal.
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Carly Koppeo, Clark and Recorder, Weld County , CO 2022-0102
1111 I P 11111 PL2806
CHANGE OF ZONE (COZ21-0007) — GARY LEE
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B. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ21-0007, allows for 1-3 (Heavy Industrial)
uses, which shall comply with the 1-3 (Heavy Industrial) Zone
District requirements as set forth in Chapter 23, Article III,
Division 4, of the Weld County Code, as amended.
2) Any future structures or uses onsite must obtain the appropriate
zoning and building permits.
3) The manufactured home may be used as living quarters for
caretaker or security personnel responsible for maintaining or
guarding the property in accordance with Section 23-3-330.E.1.
4) Buffering and screening of industrial uses from residential
properties may be required through the permitting process.
5) 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.
6) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee, County
Facility Fee, and Drainage Impact Fee Programs.
7) 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.
8) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
9) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
10) 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.
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Carly Koppas, Clark and R000rdar, Weld County , CO
1111 I 'i I,YI411111 PL2806
CHANGE OF ZONE (COZ21-0007) — GARY LEE
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11) The historical flow patterns and runoff amounts will be maintained
on the site.
12) Water service may be obtained from the North Weld County Water
District.
13) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be 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.
14) 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.
15) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of Weld
County Environmental Health Services Division, a must be
submitted.
16) If land development exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan, submit
an Air Pollution Emissions Notice application, and apply for a permit
from the Colorado Department of Public Health and Environment.
17) 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.
18) 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
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CHANGE OF ZONE (COZ21-0007) GARY LEE
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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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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 Koppes, Clerk and Reoorder, Weld County , CO
mill filmki' 'I�l it N NIA"IMI��, AR 11111 PL2806
CHANGE OF ZONE (COZ21-0007) — GARY LEE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of January, A.U., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD,COUNTY, COLORADO
SCOtt'K. James, Chair
Mike eeayan, Pro -Tern
Perry L. Buc
Lori
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Carly Koppe•, Clark and Recorder, Weld County , CO
III:If� EVIFA�lhii'.'I�'I11111
Moreno
2022-0102
PL2806
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