HomeMy WebLinkAbout20220576.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ21-0008, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE E (ESTATE) ZONE DISTRICT - GEORGE ZADEL
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 February, 2022, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of George Zadel, 18100
County Road 19, Johnstown, Colorado 80534, requesting a Change of Zone, COZ21-0008, from
the A (Agricultural) Zone District to the E (Estate) Zone District for a parcel of land located on the
following described real estate, to -wit:
Lot B of Recorded Exemption, RE -1359; being part
of the SW1/4 SW1/4 of Section 34, Township 4
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Andrew Baker, Baseline Engineering, 112
North Rubey Drive, Suite 210, Golden, Colorado 80403, 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 23-2-30.A.1 — The proposal is consistent with Chapter 22 of the
Weld County.
1) Section 22-2-10.D states: "Land use regulations and policies will
protect and enhance the health, safety, and general welfare of the
citizens of Weld County." The proposed Change of Zone and
associated Minor Subdivision supports this guiding principle in that
the applicant is utilizing a proper subdivision process that directly
accounts for the health, safety, and general welfare of both future
property owners and the surrounding public. This development is
positively integrated into the surrounding lands and will provide a
quality subdivision for future residents.
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2) Section 22-2-30.C.2 states: "Establish residential development
options based on compatibility, proximity to municipalities, and
availability of services that reflect the desired density and character
of that location." The proposed Change of Zone, and by extension
the proposed subdivision, is located in an ideal area for such
development, as the property is within one (1) mile of municipal
boundaries (Milliken); however, it is farther than one (1) mile from a
municipal sanitary sewer line and annexation options are greatly
limited. Therefore, the proposed Change of Zone and Non -urban
Scale Development, is an appropriate land use in this area. The
proposed density and intensity of this development is compatible
with the character of the area. For reference, a Minor Subdivision
may be classified as a Non -urban Scale Development, per
Section 24-5-10.E of the Weld County Code. This Minor
Subdivision meets the definition of a "Non -urban Scale
Development", per Section 24-1-40 of the Weld County Code,
defined as "Developments comprised of nine (9) or fewer lots.
These types of developments are only permitted outside of
one (1) mile of a municipal sewer line. Non -urban Scale
Developments require a public water source and public sewer or
On -site Wastewater Treatment Systems (OWTS). Internal paved
roads and storm drainage may be required." The proposed Minor
Subdivision will have a paved internal roadway.
3) Section 22-4-10.A The Comprehensive Plan Map indicates the
County's preference for rezonings and subdivisions to occur within
defined Opportunity Zones. The property is located within an
Opportunity Zone. While such areas are normally applied to
commercial and industrial rezonings, an Opportunity Zone
justifiably applies to the subject rezoning to the E (Estate) Zone
District, as the property owner has identified the potential for a
small, viable subdivision at this location, which will be supported by
adequate access, utilities and services.
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 surrounding lands are a mix of agricultural
farmland, rural residential, on -going oil and gas operations, public utility
infrastructure facilities and natural areas, including the Saint Vrain Creek.
The surrounding lands are zoned A (Agricultural). The next closest,
unincorporated, non -agriculturally zoned properties are approximately
0.75 miles south of the site, located east of and adjacent to County Road
19.5 and are zoned 1-3 (Heavy Industrial), including the Fort Saint Vrain
Generating Station. There are several Use by Special Review Permits in
the immediate area, including USR-1183 (gas line), USR1 8-0124 (wedding
and event venue), and USR-823 (230kV transmission line), all to the east;
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CHANGE OF ZONE (COZ21-0008) - GEORGE ZADEL
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USR-1063 (power plant), to the south and east; USR-1647 (power
generation facility), to the south; and USR-1735 (custom metal working
studio), to the northwest. None of the existing surrounding land uses,
including the aforementioned USR permits, appear to be incompatible with
the subject Change of Zone and the allowed land uses, which may occur
within the E (Estate) Zone District. The Department of Planning Services
sent notice to 11 surrounding property owners within 500 feet of the subject
parcel and no responses have been received back. If any responses are
received prior to the public hearings, they will be included as exhibits for
the case. The subject site is located within the Towns of Johnstown,
Milliken and Platteville Coordinated Planning Agreement (CPA)
boundaries. The municipalities all returned signed Notice of Inquiry forms,
which collectively stated no concerns and no annexation interest,
respectively dated May 11, April 29, and May 13, 2021. These three (3)
municipalities were also sent a referral notice during the Change of Zone
processing. The Town of Platteville returned a referral, dated November 2,
2021, and expressed no concerns. The Towns of Johnstown and Milliken
did not respond. For reference, these towns were also notified of the
previous Sketch Plan application (MINK20-0002), and the pending Final
Plan application (MINF21-0001). No comments or concerns have been
received for this case under those separate applications.
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 application indicates that the property and future lots will
receive potable water from the Little Thompson Water District (LTWD). The
existing residence is served by the LTWD, tap #3564. Sewer Service will
be provided by On -site Wastewater Treatment Systems (OWTS). The
existing residence is served by a septic system, permit #G19860121. The
Change of Zone application materials included a Commitment Letter from
the LTWD, dated August 20, 2020. The LTWD did not issue new comments
in the referral response, dated November 11, 2021; rather, they reaffirmed
that requirements for water service are detailed in the Commitment Letter.
Notably, new residences will require new individual 5/8 -inch (5/8") standard
residential taps and extension of an existing water line. The LTWD currently
owns and operates a six-inch (6") diameter waterline, located south of the
site, along County Road 38 that extends approximately 910 feet east of
County Road 19. The District also owns and operates a two and one-half
inch (2.5") diameter waterline along County Road 19. New water service to
the four (4) net lots is subject to the limitations in the letter. The referral
details the requirements for water service, which include the design and
installation of a new six-inch (6") mainline extension off of the existing
waterline in County Road 38, branching north into the development within
the proposed cul-de-sac; the requirement for the applicant to provide 2.8
acre-feet of water rights for the development (0.7 acre-feet per new tap);
the requirement for the applicant to complete the inclusion process into the
LTWD tax authority; guidelines for fire hydrant installation; and the
requirement for the applicant to evaluate fire flow demand and if system
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upgrades are needed to meet the fire flow requirements, detailed in the
following subsection. The LTWD Commitment Letter expires on August 20,
2022, if the taps have not been purchased, paid for and installed by that
date. Additionally, the Colorado Division of Water Resources referral, dated
October 27, 2020, as submitted for the Sketch Plan application, gave the
opinion that water supply from the LWTD is adequate for the development.
The Sketch Plan application materials included a Geologic Report,
prepared by Soilogic, Inc., dated and revised October 20, 2020. This report
contained considerations for future On -site Wastewater Treatment
Systems (OWTS) and their installation given the sandy loam soil quality of
the property.
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. An acceptable Traffic Narrative was submitted, memo dated
June 2, 2020. Based on this Traffic Narrative, the County Road facilities
providing access to the property are adequate in functional classification,
width and structural capacity to meet the traffic requirements. The property
contains two (2) unpermitted access locations on County Road 38, being a
paved collector roadway, per the Weld County Functional Classification
Map. The existing access point that serves the existing residence shall be
closed and reclaimed following the Final Plan application. A new
development intersection is proposed off of County Road 38, in roughly the
center of the parcel, connecting to a proposed internal subdivision
roadway. This location does not meet the Minimum Access Spacing
Criteria; however, a variance has been applied for and has been approved
by Weld County Development Review, contingent upon BOCC approval of
COZ21-0008, and of the Minor Subdivision Final Plan. The other
unpermitted access point on the far east side of the property serves existing
on -site oil and gas wells and appurtenances. An executed Easement,
Right-of-way and Surface Use Agreement, recorded February 21, 2006,
Reception #3364440, provides legal access for the operator, Kerr McGee
Gathering (Western Midstream Partners), to access and maintain their
infrastructure. Oilfield traffic may continue to use this eastern access point.
An Improvements Agreement and final review of the access location, via
Access Permit, will be required as part of the Minor Subdivision Final Plan
conditional approval process.
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 — The proposed Change of Zone (COZ) is
not located within the Airport Overlay District, 1-25 Overlay District,
Historic Townsite Overlay District, Geological Hazard Overlay
District or within a Special Flood Hazard Area. Therefore, no
additional compliance with Overlay Districts must be demonstrated.
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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. The Geologic Report, prepared
by Soilogic, Inc., dated and revised October 20, 2020, states that
the area has the potential for economically recoverable oil and gas
resources. This assumption is correct given there are active wells
within and around the subject parcel. The proposed Change of
Zone and Minor Subdivision will not impede the continued recovery
of such resources. Furthermore, the Geologic Report states the
subject parcel does not fall within those areas identified as having
economically recoverable sand and gravel resources and no
economically recoverable coal or metallic minerals were identified.
A Surface Use Agreement is in place for oil and gas resources.
3) Section 23-2-40.B.5.c — The overall land use on the subject
property will not change with the approval of this Change of Zone,
as the property will continue to be used for residential purposes.
The Colorado Geological Survey (CGS) referral dated
November 18, 2020, as submitted during the Sketch Plan
application, stated the site does not contain steep slopes, is not
undermined and is not exposed to any geologic hazards or unusual
geotechnical constraints that would preclude the residential
development. Therefore, the CGS has no objection to the
development as proposed, provided that the Soilogic Geologic
Report recommendations, dated October 20, 2020, are followed, as
submitted in the application materials. The USDA Natural
Resources Conservation Service (NRCS) Custom Soil Report,
dated August 23, 2018, as submitted in the application materials,
describes the property containing primarily well drained and
low/moderate-slope sandy loam soils. These soils are classified as
"Prime farmland if irrigated" and "Farmland of local importance";
however, the property is not irrigated and is not utilized for farming
activities. Additionally, the Soilogic Geologic Report did not
describe any moderate or severe soil limitations that would preclude
residential development, which is characteristic in the E (Estate)
Zone District. The subject parcel is not located within a soil
conservation district. No comments on the soil's suitability for
development were received from any other referral agency.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of George Zadel fora Change of Zone, COZ21-0008, from
the A (Agricultural) Zone District to the E (Estate) Zone District on the above referenced parcel of
land be, and hereby is, granted subject to the following conditions:
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Prior to recording the plat:
A. The applicant shall submit a complete vacation request letter for Use by
Special Review (USR-951). The vacation shall be approved by Board of
County Commissioners Resolution prior to recording COZ21-0008.
B. The applicant shall acknowledge the advisory comments from Weld County
School District RE -1, as stated in the referral response dated October 21,
2021. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall acknowledge the advisory comments from the Colorado
Division of Water Resources, as stated in the referral response dated
October 27, 2020. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall acknowledge the advisory comments from the Weld
County Department of Planning Services — Building and Addressing, as
stated in the referral response dated November 8, 2021. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
2. The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ21-0008.
B. The plat shall adhere to Section 23-2-50.D of the Weld County Code.
C. The Change of Zone plat shall only show the boundary of the parcel to be
changed and no proposed internal lot lines of the Minor Subdivision shall
be shown.
D. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number.
E. The applicant shall show and label the existing oil and gas infrastructure
onsite. Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the plat, per the setback requirements of
Section 23-3-70.E of the Weld County Code. Reference the recorded
Easement, Right -of -Way and Surface Use Agreement and access roads
related thereto.
F. County Road 38 is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as a collector
road, which requires 80 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
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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.
G. County Road 19 is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as a collector
road, which requires 80 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.
H. The applicant shall show and label the existing access point as "close and
reclaim." The applicant shall show and label the proposed development
access point and the usage type (Commercial). Final review of the access
location is part of the plat submittal.
3. The following notes shall be delineated on the Change of Zone plat:
A. Change of Zone, COZ21-0008, allows for E (Estate) Zone District uses,
which shall comply with the requirements set forth in Chapter 23, Article III,
Division 5 of the Weld County Code, as amended.
B. Any future structures or uses onsite may be required to obtain approval
through a Use by Special Review and the appropriate Zoning and Building
Permits.
C. Any future subdivision of land shall be in accordance with Chapters 24
and 27 of the Weld County Code, as amended.
D. The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
E. 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.
F. 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.
G. Access on the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
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H. Any work that may occupy and/or encroach upon any County rights -of -way
or easements shall require an approved Right -of -Way Use Permit prior to
commencement.
The historical flow patterns and runoff amounts will be maintained on the
site.
Water service may be obtained from the Little Thompson Water District.
K. 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.
L. 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.
M. Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County -Wide Road Impact Fee, County Facility Fee,
and Drainage Impact Fee Programs.
N. 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.
O. 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
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rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
4. Upon completion of Conditions of Approval #1 and #2 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.
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. 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.
7. 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.
8. No subdivision development shall commence until a Minor Subdivision Final Plan
application is approved and a Minor Subdivision Final Plat is recorded in the Weld
County Clerk and Recorder's Office and the improvements be constructed, per the
terms of the Improvements Agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of February, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
ATTEST: ��/ �• JCl+4O•�
Sc K. James, Chair
Weld County Clerk to the Board
/ )j
e Fr eman, P m
BY:
Deputy Clerk to the Board
erry L. ck
APP ED A OR,.
•- ��� �E,�{`�'' 'Steve Moreno
ounty At orney
Lori Same
Date of signature: o3/l(/22
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Carly Koppes, Clerk and Rsoordsr, Weld County CO
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