HomeMy WebLinkAbout20212947.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
EXHIBIT
A
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION
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Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: COZ21-0003
APPLICANT: HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP
PLANNER: MAXWELL NADER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-
3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RECX13-0066; PART SE4 SECTION 15, T6N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 33; APPROXIMATELY 35 FEET NORTH OF
STATE HWY 392.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
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 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.
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). Town of Eaton had no additional comments
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.
Section 22-4-10.B. — "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.
RESOLUTION COZ21-0003
HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP
PAGE 2
B Section 23-2-30 A 2 - The uses which would 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 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 the Greeley's Long Range Expected Growth Area therefore the
proposed Change of Zone will be similar or less intense than uses allowed in the lands to the south
C Section 23-2-30 A 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 North Weld County Water District (NWCWD) NWCWD 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 on site (SP -1400093) and is sized for twenty-five
(25) people The Weld County Department of Public Health and Environment did not have any
concerns in their referral dated August 5, 2021
D Section 23-2-30 A 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 Colorado Department of Transportation
(CDOT) in their 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 23-2-30 A 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 23-2-30 A 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 23-2-30 A 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 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
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
THE CHANGE OF ZONE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL)
ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING
1 Prior to recording the plat
RESOLUTION COZ21-0003
HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP
PAGE 3
A There is a Use by Special Review Permit USR14-0002, Reception # 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 The applicant
shall have a complete vacation 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 (Department of Planning Services)
2 The plat shall adhere to Section 23-2-50 C and D of the Weld County Code (Department of
Planning Services)
3 All recorded easements and rights -of -way shall be shown and dimensioned ,on the Change of
Zone plat (Department of Planning Services)
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 on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road 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 Sec 23-1-90, the required setback is measured from the future right-of-way line
This road is maintained by Weld County (Department of Public Works)
5 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 (Department of Public Works)
6 Show and label the existing permitted access point and the usage type (Commercial)
(Department of Public Works)
22 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 Article III, Division 3 of the Weld County Code (Department of Planning
Services)
2 Any future structures or uses on site must obtain approval through a Site Plan Review or Use by
Special Review (Department of Planning Services)
3 Water service may be obtained from North Weld County Water District (Department of Public Health
and Environment)
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
(Department of Public Health and Environment)
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 (Department of Public Health and Environment)
RESOLUTION COZ21-0003
HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP
PAGE 4
6 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Department of Public Works)
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 (Department of Public Works)
8 Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Department of Public Works)
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 (Department of Public Works)
10 The historical flow patterns and runoff amounts will be maintained on the site (Department of Public
Works)
11 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs (Department of Planning Services)
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 and
Development Standards stated herein and all applicable Weld County regulations (Department of
Planning Services)
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 person moving into these
areas must recognize the various impacts associated with this development Often times, 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
3 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) paper copy
or 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 Department of Planning Services' Staff 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 one -hundred -twenty (120) days from the date
of the Board of County Commissioners resolution The applicant shall be responsible for paying the
recording fee
4 If a plat has not been recorded within one hundred twenty (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
RESOLUTION COZ21-0003
HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP
PAGE 5
5 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required one -hundred -twenty (120) days from the date the Board of County
Commissioners resolution a $50 00 recording continuance charge shall added for each additional 3 -
month period
Motion seconded by Lonnie Ford
VOTE
For Passage
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Against Passage Absent
Michael Palizzi
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
I
CERTIFICATION OF COPY
i
I, Knstine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 5, 2021
Dated the 5th of October, 2021
4'x.ieEulv'&1orP.m.
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 5, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:33 pm.
Roll Call.
P resent: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes,
P amela Edens.
Absent: Michael Palizzi.
Also Present: Michael Hall, Angela Snyder, Maxwell Nader, Jim Flesher, and Tom Parko, Department of
P lanning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER: COZ21-0003
APPLICANT: HIGHPOINT OPERATING CORPORATION, CIO JSB INTERESTS, LLLP
PLANNER: MAXWELL NADER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RECX13-0066; PART SE4 SECTION 15, T6N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 33; APPROXIMATELY 35 FEET NORTH OF
STATE HWY 392.
Max Nader, Planning Services, presented Case COZ21-0003, reading the recommendation and comments
into the record. Ms. Nader said that the existing USR on the property will be vacated upon approval of the
Change of Zone. Mr. Nader noted that no correspondence or phone calls were received from surrounding
property owners regarding this application. The Department of Planning Services recommends approval
of this application along with conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Andy Gerk, 3780 West 10th Street, Greeley, Colorado, stated that the user will be Baessler Homes, which
is a homebuilder. Baessler Homes has been in existence since 1968. He added that all of their
development and building operations are located in Weld County and would like to make this site their
corporate office.
Commissioner Wailes recalled hearing the USR case by Bill Barrett for the oil and gas support facility and
said that one of the concerns was having trucks go through that intersection. Ms. Nader said that CDOT
reviewed the current application and added that they did not have any comments.
Commissioner Cope asked if they plan to store any materials or will it be strictly administrative. Mr. Gerk
stated that they do not anticipate any storage and added that they have been working with county staff to
ensure that what is permissible under the current zoning is what they will operate with.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ21-0003 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded
by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
1
Yes Butch White, Elijah Hatch, Lonnie Ford, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland,
Tom Cope
Meeting adjourned at 2 07 pm
Respectfully submitted,
4.5\2661 Rai141_,2-M,
Kristine Ranslem
Secretary
2
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