HomeMy WebLinkAbout20220728.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0001, FROM THE A (AGRICULTURAL) AND THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICTS TO THE 1-3 (HEAVY INDUSTRIAL) ZONE
DISTRICT - ROBERT AND SHARON BAUMGARTNER
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 16th day of March, 2022, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Robert and Sharon
Baumgartner, 989 U.S. Highway 85, Brighton, Colorado 80601, requesting a Change of Zone,
COZ22-0001, from the A (Agricultural) and the 1-3 (Heavy Industrial) Zone Districts to the
1-3 (Heavy Industrial) Zone District, for a parcel of land located on the following described real
estate, to -wit:
Part of the N1/2 NE1/4 NW1/4 of Section 31,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicants were 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:
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.B 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 22-2-30.B states: "Locate urban development in urban
areas." The property is adjacent to the U.S. Highway 85 corridor
and is in a Weld County Opportunity Zone.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The area between Fort Lupton and
Brighton, along U.S. Highway 85, is densely populated with
industrial uses. The property has been used industrially since 2002,
when Site Plan Review, SPR-320, was approved.
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Carly Koppel, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ22-0001) - ROBERT AND SHARON BAUMGARTNER
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3) The site is located within a Weld County Opportunity Zone on the
Comprehensive Plan Map and is surrounded by industrial uses,
including other trucking, mineral resource facilities and a salvage
yard.
4) Section 22-2-50.A.2 states: "Encourage development to locate
outside of flood -prone areas to reduce the loss of life and property."
And, Section 22-2-60.A.1 states: "Wetlands and critical or unique
habitat areas... should be identified in application materials as
potential limiting site factors." The industrial use of the property
should occur in areas outside the floodway. Within the floodplain,
development can occur with a Flood Hazard Development Permit
in accordance with the Weld County Floodplain Ordinance,
Chapter 23, Article Xl. A No -Rise certificate is required for
development in any areas encumbered by the floodway. Outside
storage of floatable materials is not allowed in the floodplain and
will need to be removed prior to recording the plat.
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 industrially. Notice
was sent to 12 surrounding property owners and no responses were
received. The property is adjacent to the South Platte River, which has
been adequately incorporated into the site as a protected area. The
Conditions of Approval and Development Standards applied to the existing
Use by Special Review permit, 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 property uses an industrial well, Permit #59948-F, and utilizes
an On -site Wastewater Treatment System, Permit #SP -0000059, for
sewage disposal, which is acceptable in the 1-3 Zone District. The Division
of Water Resources, in their referral dated January 19, 2022, indicated no
concerns with the Change of Zone or the subsequent site plan amendment.
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. Staff has reviewed the Weld County Functional Classification
Map (Code Appendix 8-Q) to determine the classification of the street or
highway facilities providing access to the site. Staff has determined that
U.S. Highway 85 is adequate in functional classification, width, and
structural capacity to meet the potential traffic requirements of Heavy
Industrial. The property accesses U.S. Highway 85 via an easement, which
follows vacated County Road 4 right-of-way. That portion of County Road 4
right-of-way between U.S. Highway 85 and the South Platte River
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Carly Koppel', Clerk and Recorder, Weld County , CO
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was vacated on May 4, 1988, and recorded on May 10, 1988,
Reception #2140669. However, the applicant has a Nonexclusive License
Agreement with the County, signed April 17, 2000, recorded May 8, 2000,
Reception #2765744, for this same stretch of County Road 4 for the
upgrade and maintenance of "Weld County Right -of -Way." Terms in the
agreement indicate that the road must be open to the public. An
Improvements Agreement for private road maintenance was recorded on
August 11, 2000, Reception #2786672, in conjunction with the original site
plan review, SPR-320, recorded August 2, 2000, Reception #2784347.
Therefore, staff finds that the property has adequate access to public
right-of-way. The Weld County Development Review referral,
dated January 14, 2022, included advisory information about the
U.S. Highway 85 Access Control Plan. The Colorado Department of
Transportation did not return a referral response for the Change of Zone
but did respond to the amended Site Plan Review application with items,
including an updated traffic study that are being addressed through the Site
Plan Review.
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.B.5.a — If the proposed Change of Zone is located
within any Overlay District identified by maps officially adopted by
the County, 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 Department of Planning
Services, Certified Floodplain Manager, has included advisory
information in the January 18, 2022, referral response. A portion of
the property is located within the South Platte River floodplain,
including a large amount of floodway, which has been adequately
accounted for in the current site plan and in the proposed amended
site plan. The site is not in compliance with the proposed plan and
several floatable containers are being stored within the floodway.
Prior to recording the plat, the site shall be in compliance with
Floodplain Management Ordinance, found in Chapter 23, Article XI
of the Weld County Code. Enough of the property is located outside
the floodplain to support the Change of Zone request; however, the
river corridor will need to be protected as the site is developed.
The site is not located within the following overlay districts officially
adopted by the County: Geologic Hazard, Agricultural Heritage,
Historic Townsite, MS4, or Airport.
2) Section 23-2-40.B.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
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Carly Koppaa, Clerk and Recorder, Weld County , CO
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present zoning of the property. The Subsurface Investigation
Report, dated December 14, 2021, submitted with the application
indicates that no economically viable commercial mineral deposit is
present. No other potential geologic hazards were identified. The
report included advisory comments for development of the vacant
areas of the site.
3) Section 23-2-40.B.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 Subsurface Investigation Report,
dated December 14, 2021, submitted with the application indicates
the presence of sandy clay and sandy silt soils with the water table
being ten (10) feet below ground. No soil limitation was identified.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Robert and Sharon Baumgartner for a Change of Zone,
COZ22-0001, from the A (Agricultural) and the 1-3 (Heavy Industrial) Zone Districts 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:
1. Prior to recording the plat:
A. All non-agricultural and floatable materials shall be removed from the 100 -year AE
and AE-Floodway Special Flood Hazard Areas. The applicant shall schedule a final
inspection with the Weld County Floodplain Management Team to confirm
compliance.
B. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ22-0001.
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) 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) The applicant shall show and label a recorded 30 -foot minimum access and
utility easement documenting legal access for the parcel onto
U.S. Highway 85 at the shared access point.
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Carly Kappa., Clerk and Raoord.r, Wald County , CO
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6) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access point on the plat, the easements to reach
this point, and label with the approved Access Permit number, if applicable.
7) The applicant shall show the Colorado Department of Transportation
(CDOT) right-of-way on the plat, along with the documents creating the
right-of-way.
C. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ22-0001, 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) The operation shall comply with all applicable rules and regulations of state
and federal agencies and the Weld County Code.
3) Any future structures or uses onsite must obtain the appropriate Zoning
and Building Permits.
4) Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County -Wide Road Fee Impact, the County Facility
Fee, and Drainage Impact Fee Programs.
5) 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.
6) 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.
7) Outside storage of floatable materials associated with nonagricultural uses
shall not be allowed. Materials that are not floatable can be stored outside,
provided that a Floodplain Development Permit is obtained. Floatable
materials are defined as any material that is not secured in place that could
float offsite during the occurrence of a flood and potentially cause harm to
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Carly Koppas, Clark and Recorder, Wald County , CO
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CHANGE OF ZONE (COZ22-0001) - ROBERT AND SHARON BAUMGARTNER
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downstream property owners or that could cause blockage of a culvert,
bridge or other drainage facility. Floatable materials include, but are not
limited to, lumber, vehicles, boats, equipment, drums or other containers or
pieces of material that are likely to float.
8) Any fencing on the property must allow the flow of floodwaters either
through or under the fence.
9) 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.
10) Access on the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
11) The historical flow patterns and runoff amounts will be maintained on the
site.
12) Water service may be obtained from an appropriately permitted well.
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) 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.
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
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Carly Koppas, Clark and Recorder, Wald County , CO
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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 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 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. If a lot has an approved and recorded Site Specific Development Plan and the
zoning on the lot is changed to a zone district for which the existing use requires a
Site Plan Review, the Director of Planning Services may waive the Site Plan
Review application requirement, if the following applies:
A. The existing use of the property is not changing or expanding beyond what
is allowed without a Site Plan Review; and
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Carly Koppaa, Clark and Recorder, Weld County , CO
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B. The approved Site Specific Development Plan is in substantial compliance
with the requirements of the new zone district, including, but not limited to,
bulk requirements, design standards, and operation standards.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of March, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: dithA) W :ok.
Weld County Clerk to the Board
ounty torney
Date of signature: 3/3
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Carly Koppsa, Clark and Recorder, Wald County CO
VIII IKr.� ilia �iiii iiirig ti/ ilif i+t iM;),Wr,11111
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. James, Chair
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