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Carly Koppes, Clerk and Recorder, Weld County , CO
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RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0010, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - KENNARD
AND VICKI KNUDSON
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 Kennard and
Vicki Knudson, 14971 Vine Street, Thornton, Colorado 80602, requesting a Change of Zone,
COZ22-0010, 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 A of Recorded Exemption, RECX16-0028; being
part of the SE1/4 of Section 33, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present and represented by Chadwin Cox, Western
Engineering Consultants, 127 South Denver Avenue, Fort Lupton, Colorado 80621, 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.B.1 — The proposal is consistent with Chapter 22 of the
Weld County.
Section 22-2-30 — Land Use Goals and Objectives.
B. "Locate urban development in urban areas."
1. "Encourage annexation of urban -scale
development. Zone changes and subdivisions within
one -quarter (1/4) mile of municipal limits are strongly
discouraged. Property owners who want to rezone
or subdivide their property are encouraged to
cc: PL(Tr/MN/CG) CA(BB),
A PPL . A PPI-. F(FP. 2022-3484
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contact the municipality about annexation." The
property is located more than one -quarter 1/4 mile
from the municipal limits of the nearest municipality.
The nearest municipal limits are approximately
one (1) mile from the property. The City of Thornton
is one-half (1/2) mile south of County Road 2 in
Adams County.
2. "Urban -scale development shall only be placed
where urban services, including public water, are
available."The property is proposed to be served by
the Todd Creek Metropolitan District for water.
C. "Harmonize development with surrounding land uses."
1) "Transition between land use types and intensities
with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." Future
commercial uses will have to be approved through a
Site Plan Review or Use by Special Review process.
Site Plan Review and Use by Special Review
applications are sent to referral agencies and
surrounding property owner for comments. These
future uses are subject to the bulk standards of the
C-3 (Business Commercial) Zone District, which
requires outdoor storage to be screened from public
rights -of -way and all adjacent properties. Based on
the existing uses in the vicinity, a Change of Zone to
C-3 (Business Commercial) is compatible with the
surrounding land uses.
Section 22-2-40 — Economic Development Goals and Objectives.
A. "Support compatible economic development opportunities."
1. "Identify target areas where the County is able to
encourage shovel -ready commercial and industrial
development." The property is located within a Weld
County Opportunity Zone. Commercial and Industrial
Zoning are preferred in these locations.
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 property is located adjacent to a property
containing an outbuilding being used for personal storage and an office.
A residence and outbuilding are located on a property located to the
north/northeast of the site. An RV and Boat Storage facility (approved
under USR12-0022) and a self -storage facility (approved under
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII IIPACIL 111#'I1.1:Iii
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USR17-0067) are located to the east of the property, on the east side of
County Road 19.
The property is not located within a Coordinated Planning Area boundary.
Adams County, in their referral response, dated August 19, 2022,
commented that residential development is anticipated on the Adams
County side of 168th Avenue. Adams County supports low -intensity,
neighborhood -serving commercial uses in this area.
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.
Public Water (the applicant has provided a conditional will serve letter from
the Todd Creek Village Metropolitan District) and individual septic systems
are proposed.
D. Section 23-2-40.6.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts.
County Road 19 is found to be adequate in functional classification, width,
and structural capacity to meet the traffic requirements of the proposed
zone. County Road 19 is a paved two-lane road.
The property is bounded on the south by County Road 2. While the County
does have right-of-way in this area, it is not maintained by the County. This
segment of County Road 2 is under the jurisdiction of Adams County.
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 — 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.
This property is not located within any overlay district officially
adopted by the County, including Special Flood Hazard Area,
Geologic Hazard Overlay District, A -P (Airport) Overlay District, l-
25 Overlay District, MS4 - Municipal Separate Storm Sewer System
area, Historic Townsites Overlay District, or Agricultural Heritage
Overlay District.
2) Section 23-2-40.B.5.b — That the proposed rezoning will not permit
the use of any area known to contain a commercial mineral deposit
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII kirdlifl!IIVIAKI N:I.VdiJIINXil AarlididiNi11 II1
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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.
Earth Engineering Consultants, LLC, in their Geological Hazards
and Mineral Extraction Report, dated July 12, 2022, indicated the
site may be located within the Denver Coal Region and may contain
bituminous and subbituminous coal. However, the coal may be
under approximately 150 to 2,000 feet of overburden materials. The
report also states no significant sand and gravel deposits are
expected on this property.
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.
Earth Engineering Consultants, LLC, in their Preliminary
Geotechnical Report prepared June 27, 2022, stated the site was
underlain by lean clay with sand that extends to depths
approximately nine (9) to 13 feet below ground level, extending to
claystone with imbedded sandstone. The report states site
preparation and design of improvements should include measures
to mitigate the potential site improvements due to the expansion of
soils. The report included preliminary recommendations/ measures
regarding shallow foundations, deep foundations and below grade
areas.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Kennard and Vicki Knudson for a Change of Zone,
COZ22-0010, 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 applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or show evidence that
an adequate attempt has been made to mitigate the concerns of the
mineral owner/operators. The plat shall be amended to include any
possible future drilling sites and/or setbacks.
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 PORTI.11447,141110i h4IIAR1 b 1ILI4.4J'Wo 11111
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C. The applicant shall acknowledge the comments from the Weld County Oil
and Gas Energy Department (OGED) as stated in their referral, dated
August 30, 2022. Written evidence of such shall be provided to the
Department of Planning Services.
D. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ22-0010.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) All approved accesses shall be delineated on the plat.
5) County Road 19 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 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. 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.
6) This portion of County Road 2 is under the jurisdiction of Adams
County. Please contact Adams County to verify the right-of-way.
The applicant shall show and label the right-of-way.
7) The applicant shall show and label the existing permitted access
point onto County Road 19 and the usage type.
8) The applicant shall show and label a 60 -foot access and utility
easement (Reception No. 3985122) to provide legal access to the
parcel on the plat.
E. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for C-3 (Business Commercial) uses,
which shall comply with the requirements as set forth in Chapter 23,
Article III, Division 3 of the Weld County Code.
2) 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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Carly Koppel, Clerk and Recorder, Weld County , CO
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3) Any future structures or uses onsite must obtain approval through
a Site Plan Review or Use by Special Review.
4) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
5) Water service may be obtained from the Todd Creek Metropolitan
District.
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.
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 contribute to compaction
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
8) 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.
9) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
10) All access and utility easements are dedicated for the benefit of all
owners of lots depicted on this plat, including owners of future lots
created therefrom, regardless of lot configuration or number of
users, and without limitation of the use or intensity of the use of
such easements. No lot owner may install a gate or otherwise
impede the use of such easements without the approval of all
persons with rights of use of such easements.
11) 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.
12) 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 Koppea, Clerk and Recorder, Weld County , CO
VIII FAIR AM EirlYAVA EAR
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13) The historical flow patterns and runoff amounts will be maintained
on the site.
14) Building Permits shall be obtained prior to the construction of any
new building. A Plan Review is required for each building. Plans
shall bear the wet stamp of a Colorado, registered, architect or
engineer. Two (2) complete sets of plans are required when
applying for each permit.
15) Building Permits shall 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.
16) 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.
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 Notes 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
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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII �U�1 a !Lid ' IOW Wyk II DI
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2. Upon completion of Conditions 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, Conditional 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 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 (3) month period.
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 MCOCILITAIV MIR D471.1464, "III
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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
WELD COUNTY, COLORADO
ATTEST: di2:40 jekAi
Weld County Clerk to the Board
County ' orney
Date of signature: of li 7/23
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Carly Koppem, Clerk and Reoorder, Wald County , CO
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2022-3484
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