HomeMy WebLinkAbout20220804.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ21-0010, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - R.H. AMEN
FARMS, 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 23rd day of March, 2022, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of R.H. Amen Farms, LLC,
26547 County Road 15, Johnstown, Colorado 80534, requesting a Change of Zone,
COZ21-0010, 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:
Being part of the 61/2 of Section 19, Township 5
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
April 27, 2022, to allow for all five (5) Board members to be present, and
WHEREAS, at said hearing on April 27, 2022, the applicant was present and represented
by Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, 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 this
Code; if not, then that the zoning of the property under consideration is
faulty, or that changing conditions in the area warrant a Change of Zone.
1) Section 22-2-30.B — "Locate urban development in urban areas."
Industrial development naturally follows along the rail lines.
2) Section 22-2-30.C — "Harmonize development with surrounding
land uses." The adjacent lots to the north are zoned 1-3 and being
used agriculturally and industrially. Residential and floodplains will
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Carly Koppe., Clerk and Recorder, Weld County , CO
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6/7/22
2022-0804
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CHANGE OF ZONE (COZ21-0010) - R.H. AMEN FARMS, LLC
PAGE 2
need adequate buffering as part of the site design. Industrial use of
this property can be made to integrate with surrounding land uses
and the incompatibilities can be mitigated by with Conditions of
Approval, Design Standards, and Operational Standards that will
be employed as part of the Site Plan Review.
3) Section 22-2-40.A - "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 23-2-40.6.2 — 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 Towns of Johnstown, Loveland, and Milliken
and the City of Greeley did not return referral responses. The Town of
Windsor submitted a referral response on December 6, 2021, indicating
concerns with the following intersections with U.S. Highway 34: increased
traffic at County Roads 13 and 17 and safety concerns at unregulated
County Road 15. The property is not within the Growth Management Area
of the Town of Windsor.
The proposal is located within the growth management boundary of the
Town of Johnstown. The 2020 Johnstown Comprehensive Plan designates
the property as an area of low-density/intensity development with an
agricultural preservation overall. The recommended density is two (2)
dwelling units, per acre. The Plan states the following regarding this
designation, "This agriculture preservation overlay represents areas
identified by the United States Department of Agriculture (USDA) as prime
for agriculture. As a "Right to Farm County"; Weld County recognizes the
importance of maintaining productive agricultural lands to support the
economies of scale required for agricultural operations. Johnstown concurs
and welcomes the continued production of agricultural products within its
Growth Management Area. While many acres of Johnstown's prior
surrounding agricultural lands have been converted to development, the
Town is open to working with the community to preserve and conserve
areas of ongoing production and prime agricultural lands. Innovative
financing and land use tools exist and should be considered to assist those
interested in maintaining their agricultural businesses and way of life."
The proposed use of the property does not align with the Johnstown
Comprehensive Plan; however, the Plan does not incorporate the influence
of the two (2) railroads bisecting the area. Industrial development can be
found all along these railroads as they traverse Northern Colorado and
should be expected in this location as well.
The land northwest of this area has been recently rezoned to 1-3 and is
being used industrially. Much of the land incorporated into Johnstown
directly to the west of County Road 13, is being used for industrial,
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Carly Koppes, Clerk and Recorder, Weld County , CO
2022-0804
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VIII IYI���R���4M� �li+iQ�'f �P+. 'll �'�FJ4�1� I' rL�' 114 • II
CHANGE OF ZONE (COZ21-0010) - R.H. AMEN FARMS, LLC
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rail -oriented uses and is zoned "Mixed Use." Typically, expansion of
industrial uses will follow the rail corridor south. Lands to the south of the
site are split by two (2) regional rail lines and are a mix of residential,
mining, and agricultural uses.
Surrounding property owners were notified in advance of the hearings.
Responses will be incorporated into the staff presentation at the hearings.
One (1) phone call was received from an adjacent property owner
expressing concern with unlimited, industrial use but was not opposed to
the use of the property for recreational vehicle storage. One (1) phone call
was received from a property owner outside the notification area, but in the
vicinity. The caller was opposed to the Change of Zone.
Screening of industrial uses is required through the Site Plan Review
process to all adjacent properties unless the adjacent property is zoned 1-3.
This may be accomplished through many ways, but usually with berms or
fencing. Stormwater detention design is required for most industrial sites.
Water quality features are not automatically required for site plans but may
be required if certain triggers are met.
Within a mile of the site, there are several residences, two (2) residential
neighborhoods, Coyote Ridge and Indian Head, and a wedding/event
venue, Rockin' S Ranch. Mitigating nuisance to these surrounding land
uses will be addressed in the Site Plan Review process. In addition to the
standard nuisance mitigation requirements, such as dust mitigation, water
quality measures, noise limitations, and traffic control measures, earthen
berms and landscaping will help to separate industrial uses from non-
industrial uses. No screening is required between 1-3 (Heavy Industrial)
properties or from rights -of -way, as is often required when the use is
permitted by a USR or in a lower intensity zone.
Future industrial 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 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 multiple rail lines and major transportation networks,
the presence of other industrial operations in the vicinity, and the mitigation
methods that can be incorporated into the site, 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. A commitment letter from the Little Thompson Water District for
three (3) non-residential taps was submitted with the application. The
commitment letter, dated October 20, 2021, expires in two (2) years. The
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Carly Koppes, Clerk and Recorder, Weld County , CO
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use of On -site Wastewater Treatment Systems (OWTS) are proposed,
which is allowable in the I-3 Zone District. No concerns regarding water or
sewer service were expressed by the Department of Public Health and
Environment, in the December 9, 2021, referral response or by the Little
Thompson Water District, in their December 16, 2021, referral response.
D. Section 23-2-40.B.4 - Street/road or highway facilities providing access to
the property are adequate in size to meet the requirements of the proposed
zone district. This will include updating and obtaining any new Access
Permits, as required. The Access Permit may require an Improvements
Agreement. In the event that the street/road or highway facilities are not
properly sized and are planned to be properly sized in the future, in
conformance with the Transportation Plan, or in conformance with the
master plans of affected municipalities, the applicant may either wait to
secure the rezoning until the improvements are made by the appropriate
unit of government or the applicant may express a willingness to upgrade
the street/road or highway facilities at his or her own expense in order to
expedite approval of the requested Change of Zone. In the latter event, it
will be necessary for the applicant to either construct the necessary
improvements before the Building Permits are issued or submit suitable
performance guarantees to the County to ensure construction of the
required street/road or highway facility improvements. The original request
included are three (3) separate, legal lots associated with this request,
which would have needed direct access to public road right-of-way. Two of
the lots did not access directly onto right-of-way with adequate width.
Rectifying the situation would have created a financial hardship for the
applicant, so the two lots were removed from the request at the hearing.
The remaining lot has an existing agricultural access onto County Road 15,
a paved local road, in between the Union Pacific and Great Western
railroads. This access point shall be closed and reclaimed. Access onto
County Road 15 shall be at a location that is outside of the existing railroad
right-of-way, configured at an 80-100 degree angle off of County Road 15,
a maximum of 40 feet in width, that allows for a 65 -foot turning radii, and
that meets Chapter 8 safety criteria.
Furthermore, 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." The site is adjacent to two
railroads, between U.S. Highway 34 and County 54, an arterial road, which
becomes State Highway 402 to the west. As the two parcels with
inadequate access were removed from the request at the hearing, the
remaining property has adequate access to satisfy the criterion.
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:
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Carly Koppes, Clerk and Recorder, Weld County , CO
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2022-0804
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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 not located within
any overlay district officially adopted by the County, including A -P
(Airport) Overlay District, Geologic Hazard Overlay District,
MS4 - Municipal Separate Storm Sewer System area, Special
Flood Hazard Area, Historic Townsite Overlay District, or the
Agricultural Heritage Overlay District boundary. No other potential
geologic hazards were identified.
2) Section 23-2-40.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. Both the Geology Report, dated
August 10, 2021, and the Soil Report, dated October 6, 2021,
submitted with the application indicate that the site is not located
within an area recognized as having economically recoverable sand
and gravel or other metallic resources.
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 Natural Resources Conservation
Services (NRCS) Soil Survey, dated October 6, 2021, submitted
with the application indicates that most of the property consists of
Nunn clay loam, Kim loam and Colby loam soils, all of which are
well -drained, and the water table is below 80 inches deep. The
Geology Report, dated August 10, 2021, submitted with the
application indicates the soils are capable of handling even deep
foundations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of R.H. Amen Farms, LLC, for a Change of Zone,
COZ21-0010, from the A (Agricultural) Zone District to the I-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. The applicant shall obtain preliminary approval for an industrial access
location.
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII HU��R��� Vitt ZEIC, AU Ell
2022-0804
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B. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ21-0010.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
3) Add the following plat certificates:
a. PROPERTY OWNERS CERTIFICATE:
I (We), the undersigned, being the sole owners in fee of the
above -described property, do hereby certify the zoning as
shown on the attached map. I (We) dedicate all roads and
rights -of -way as shown on this plat to Weld County for the
use of the traveling public.
RH AMEN FARMS, LLC C/O DAVID WAILES
b. PLANNING COMMISSION CERTIFICATE:
This is to certify that the Weld County Planning
Commissioner has considered this Change of Zone, as
shown and described hereon, and made recommendation
to the Board of County Commissioners, Weld County this
day of , 20_
CHAIR, PLANNING COMMISSION
c. BOARD OF COUNTY COMMISSIONERS CERTIFICATE
OF APPROVAL:
This Change of Zone plat is approved by the Board of
County Commissioners of Weld County, State of Colorado.
Approval of this plat constitutes an acceptance of the
dedication of public roads and rights -of -way described
and/or depicted on this plat but does not constitute
acceptance of the road and rights -of -way for maintenance
by Weld County. The construction, maintenance, now
removal and all other matters pertaining to or affecting the
road and rights -of -way are the sole responsibility of the
landowners within the Change of Zone.
Witness my hand and the corporate seal of Weld County
this day of , 20_
CHAIR, BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
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Csrly Koppes, Clerk and Rsoordsr, Wsld County , Co
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2022-0804
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BY:
Deputy Clerk to the Board DATE
4) All recorded easements and rights -of -way shall be shown and
dimensioned on the Change of Zone plat, including rights -of -way to
be vacated and rights -of -way to be dedicated, if applicable.
5) 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.
6) County Road 15 is a paved road and is designated on the Weld
County Functional Classification Map 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 site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
7) The applicant shall show and label the public right-of-way that
meets the design standards in Chapter 8 of the Weld County Code
to be dedicated by the plat.
8) The applicant shall show and label the approved access location
onto County Road 15, approved access width, and the appropriate
turning radii (65') on the plat.
9) The applicant shall remove the northernmost and southernmost
parcels from the plat.
C. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ21-0010, 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) Industrial development may require buffering and screening from
residential properties through the permitting process.
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Carly Kopp., Clark and Raoord.r, Wald County , CO
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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) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
7) 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.
8) The historical flow patterns and runoff amounts will be maintained
on the site.
9) Water service may be obtained from the Little Thompson Water
District.
10) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems 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.
11) 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.
12) 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, a Fugitive Dust Control
Plan must be submitted.
13) 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.
14) 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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII MitI114'Ist'r44111Phifikh"IGNI41 E 11,1611 II
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15) 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.
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.
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Carly Kopp., Clerk and Recorder, Weld County , CO
MIIPPINMERINVIMililihi II II
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE L COU, COLORADO
ATTEST: diduk) W .10:ok
Weld County Clerk to the Board
BY:
APP
ounty Attorney
Date of signature: 5 /1°I /22
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cans Koppo., clerk end Recorder, Weld county , c0
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S
ott K. James, Chair
Mik= re. an, Pro-Tem
Lori Sain
2022-0804
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