HomeMy WebLinkAbout20212946.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ21-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - HIGHPOINT
OPERATING CORPORATION, C/O JSB INTERESTS, LLLP
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 27th day of October, 2021, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Highpoint Operating
Corporation, 14418 County Road 72, Greeley, Colorado 80634, c/o JSB Interests, LLLP,
3780 West 10th Street, Unit 200, Greeley, Colorado 80634, requesting a Change of Zone,
COZ21-0003, 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 C of Recorded Exemption, RECX13-0066; being
part of the SE114 of Section 15, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
November 10, 2021, to allow the applicant additional time to finalize improvements and the Road
Maintenance Agreement with county staff, and
WHEREAS, on November 10, 2021, the applicant was represented by Andy Gerk,
Baessler Homes, 3780 West 10th Street, Unit #200, 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.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.A states: "Commit to the economic future of
agriculture." The proposed Change of Zone will not be taking any
agricultural land out of use. The property was already divided from
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Carly Koppel, Clerk and Recorder, Wald County , CO
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CHANGE OF ZONE (COZ21-0003) - HIGHPOINT OPERATING CORPORATION, C/O JSB
INTERESTS, LLLP
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the original farm through a Recorded Exemption process
(RECX13-0066), recorded August 27, 2013, via reception number
3959348. Additionally, the property was already utilized for an oil
and gas field office and garage through a Use by Special Review
Permit (USR14-0002), recorded June 12, 2014, via reception
number 4023036. This business has closed and the property is for
sale.
2) Section 22-2-30.B states: "Locate urban development in urban
areas." The site is located within the three (3) mile referral area of
the City of Greeley and Town of Eaton. Both municipalities had no
concerns with the request. The proposed Change of Zone is located
just outside of Greeley's Long Range Expected Growth Area, per
Imagine Greeley document prepared on May 16, 2017. Although
the subject property is located outside of Greeley's Long Range
Expected Growth Area, the area within the Expected Growth Area
of Greeley is designated as I -L (Industrial Low Intensity) and
I -M (Industrial Medium Intensity), which are both more intense
designations than the proposed zoning of C-3 (Business
Commercial). The Town of Eaton had no additional comments
3) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
Uses must be able to mitigate conflicts.'; The proposed Change of
Zone is located on a property that was already being utilized for a
commercial purpose that went through a Use by Special Review
Permit in the A (Agricultural) Zone District. Through that permitting
process there were many mitigation practices put into place for
buffering, screening and lighting. These same practices will be in
place for any use that will be permitted, via a Site Plan Review, on
the newly created zoning. The USR is considered by many to be
temporary, whereas the Change of Zone is more permanent and
allows a greater flexibility of users and uses.
4) Section 22-4-10.B states: "Weld County Opportunity Zones." The
proposal is located within a Weld County Opportunity Zone, as
defined by the Comprehensive Plan Map, adopted in 2020. A Weld
County Opportunity Zone is an area designated for potential
commercial and industrial opportunity. These areas have the
potential to be rezoned to commercial or industrial. The property is
located directly adjacent to State Highway 392, which is appropriate
transportation infrastructure for commercially -zoned properties.
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 currently permitted via
USR14-0002, for what was an Oil and Gas Support and Service site. The
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Carly Koppel, Clerk and Recorder, Weld County , CO
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INTERESTS, LLLP
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proposed Change of Zone and Use following the Change of Zone will not
expand the existing footprint of the building and property, therefore, not
making it any more intense for the area. As stated previously, the lands to
the south are designated as I -L (Industrial Low Intensity) and I -M (Industrial
Medium Intensity) in Greeley's Long Range Expected Growth Area,
therefore, the proposed Change of Zone will be similar or less intense than
Uses allowed on the lands to the south.
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. Water is currently provided by the North Weld County Water
District, which did not return a referral, therefore, staff has considered this
as not having any concerns with the proposal. An On -Site Wastewater
Treatment System (OWTS) is permitted (SP -1400093) and is sized for 25
people. The Weld County Department of Public Health and Environment
did not have any concerns in the referral dated August 5, 2021.
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. The applicant is proposing to access off of County Road 33.
The Colorado Department of Transportation (CDOT), in the referral dated
August 16, 2021, stated they had no concerns due to the impact and traffic
numbers being similar to the existing Use. Per the Engineering referral
dated August 3, 2021, there is an existing Commercial Access
Permit (AP14-00053) that will suffice for this Change of Zone request.
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 is not
located within an Overlay District, Geological Hazard Area,
Municipal Separate Storm Sewer System Area (MS4) or Special
Flood Hazard Area.
2) Section 23-2-40.B.5.b — The proposed Change of Zone does not
interfere with the present extraction of mineral resources. The
applicant included an existing subsurface use agreement. This
agreement details limitations that the applicant has already agreed
to. Additionally, during the Site Plan Review and previous Use by
Special Review development process, the applicant has indicated
all future development will not interfere with future extraction of
mineral resources and the mineral estate.
3) Section 23-2-30.A.5.c. — The Soils Survey, prepared by Earth
Engineering Consultants, LLC, dated November 12, 2013, indicates
sandy lean clay at what was the proposed build site. There were
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Carly Koppaa, Clark and Recorder, Wald County , CO
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not any concerns with the development of the site at the time. The
proposed Change of Zone will not require any additional
development of the existing site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Highpoint Operating Corporation, do JSB Interests,
LLLP, for a Change of Zone, COZ21-0003, 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. There is a Use by Special Review Permit, USR14-0002, Reception number
4023036, for an Oil and Gas Support and Service Facility (storage area for
oil and gas production control units and other well site related equipment,
parking for employee vehicles and commercial trucks, and
13,600 square -foot field operations building) in the A (Agricultural) Zone
District. This USR encompasses the entire subject property. The applicant
shall address the continued operation of USR14-0002 and request a full
Vacation to be completed prior to recording the Change of Zone map.
B. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ21-0003.
2) The plat shall adhere to Section 23-2-50.C and 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) County Road 33 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.
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Carly Koppel, Clark and Recorder, Wald County , CO
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5) 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 for State Highway 392.
6) The applicant shall show and label the existing permitted access
point and the usage type (Commercial).
C. 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 set forth in Chapter 23,
Article III, Division 3 of the Weld County Code.
2) Any, future structures or Uses onsite must obtain approval through
a Site Plan Review or Use by Special Review.
3) Water service may be obtained from the North Weld County Water
District.
4) 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.
5) 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.
6) 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.
7) 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.
8) Access on the site shall be maintained to mitigate any impacts to
the public road including damages and/or off -site tracking.
9) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall acquire an approved Right -of -Way
Use Permit prior to commencement.
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Carly Kopp's, Clerk and Recorder, Weld County , CO
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10) The historical flow patterns and runoff amounts will be maintained
on the site.
11) 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.
12) 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.
13) 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 persons 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. 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.
3. 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
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Carly Koppes, Clerk and Reoordsr, Weld County , CO
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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.
4. In accordance with Weld County Code Ordinance 32012-3, 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 10th day of November, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtAdA) jeigo•ic
Weld County Clerk to the Board
Deputy Clerk to the Boa
APP ED A
unty Attorney
Date of signature: 11123/2(
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Carly Redoes, Clerk and Recorder, Weld County , CO
EXCUSED
Steve oren., Chair
Scomes, Pro -T
Perry L. Bu
ike Freeman
Lori Saine
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