HomeMy WebLinkAbout20210334.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ20-0008, FROM THE A (AGRICULTURAL) ZONE
DISTRICT AND THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - ANDERSEN PROPERTIES, 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 10th day of February, 2021, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Andersen
Properties, LLC, 1490 East 8th Street, Greeley, Colorado 80631, requesting a Change of Zone,
COZ20-0008, from the A (Agricultural) Zone District and the C-3 (Business Commercial) Zone
District to the I-3 (Heavy Industrial) Zone District for a parcel of land located on the following
described real estate, to -wit:
Parcel #2 of Subdivision Exemption, SE -1051; being
part of the S1/2 NE1/4 and part of the N1/2 SE1/4 of
Section 29, Township 6 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicant was present and represented by Daniel Alonzo,
Lamp Rynearson, 4715 Innovation Drive, Ste. 100, Fort Collins, CO 80525, 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 23-2-40.6.1 — That the proposal is consistent with Chapter 22 of
the Weld County.
1) Section 22-2-30.C.1 states: "Transition between land uses and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." While the proposed
Change of Zone (COZ) will better accommodate the existing land
use of the subject parcel, which was and is industrial in nature, the
applicants have identified the opportunity to adequately buffer those
surrounding land uses, which are not industrial as part of this COZ.
Specifically, there are several small residential lots located to the
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east of the subject lot, within the Fagerberg Subdivision, which is
zoned R-1 (Low -Density Residential). The draft COZ plat
designates the far eastern portion of the parcel, located east of
railroad track terminus and the Eaton Draw, as a "No -Development
Area". This area also contains lands designated as floodway and
floodplain and shall serve as a buffer, which provides assurance to
surrounding residential property owners of how close existing and
future industrial activities may be to their properties. It is the
supposition of the buffer that potential industrial nuisances will
dissipate with distance and thereby conflicts will be mitigated
between industrial and residential land uses. By incorporating a
"No -Development Area" on the COZ plat, the possible distance
allowed between an industrial use and a residence increases from
approximately 300 feet to 660 feet.
2) Section 22-2-40.A.5 states: "Encourage agglomeration economies
of synergistic businesses." This property is located in an area that
contains oil and gas production facilities, multiple railroad spurs,
and commercial, industrial and agricultural processing businesses
including outdoor storage yards, feedlots, metalworks and
warehouses. This COZ will rectify the zoning of the property to be
more consistent with the use of the property and characteristics of
the area. Additionally, the existing transloading use of this property
is well suited, due to the proximity to highway transportation
corridors and major railroad networks.
B. Section 23-2-40.6.2 — 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 surrounding lands are predominately a mix of
production agricultural, commercial and industrial uses, permitted under a
variety of Site Plan Review and Use by Special Review permits. This
Change of Zone will be compatible with the surrounding land uses. The
Department of Planning Services sent notice to ten (10) surrounding
property owners within 500 feet of the subject parcel. No responses were
received back. The subject site is located within the City of Greeley's Long
Range Expected Growth Area (LREGA). The 2060 Greeley Future Land
Use Guidance Map identifies the subject site as an Employment, Industrial,
and Commercial Area, which supports the proposed I-3 (Heavy Industrial)
Zone District.
C. Section 23-2-40.6.3 — That adequate water and sewer service can be
made available to the site to serve the uses permitted within the proposed
zone district. No water is required to serve the site, which is a narrow strip
of land that contains the railroad spur and concrete storage and loading
pads. Construction of structures requiring a permanent water source would
be unlikely and would be addressed at the time of such permitting.
Employees will bring bottled water to the site during the days that they are
instructed to load trains. The North Weld County Water District had no
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concerns with this application, per the referral dated November 13, 2020.
Andersen Properties, LLC, obtained a Septic Permit (SP -0800119) in 2008,
for a 1,000 -gallon concrete vault constructed in 2005, sized for two (2)
people, tied to an on -site privy. Per the City of Greeley referral, dated
November 5, 2020, if in the future, water and sanitary sewer service are
requested for the property, then annexation into the City of Greeley will be
required prior to the City providing utility service. Because of the nature of
the proposed Change of Zone and associated Site Plan Review, this is not
required at this time.
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 property is landlocked and does not access directly onto
any maintained roadway. Rather, at the northern terminus of the County
Road 39.5 right-of-way, an access road travels east across Parcel #1 of
Subdivision Exemption, SE -1051, owned by Union Pacific, before entering
the subject parcel. A nonexclusive roadway easement agreement,
recorded August 10, 2005, reception #3311586, is in place between Union
Pacific and Andersen Properties, LLC, which allows for vehicular and
pedestrian access, ingress and egress, and for the installation and
operation of a one (1) inch water line. The parcel accesses the regional
transportation networks by means of a 0.5 -mile connection south to
"O" Street and a 0.35 -mile connection west to U.S. Highway 85.
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 Historic Townsite, Airport, I-25, or Geological
Hazard Overlay District. The proposed COZ is located within a
Special Flood Hazard Area. The Department of Planning Services
— floodplain referral dated October 20, 2020, provided conditions
and considerations for development within this area. Compliance
with the Floodplain requirements will be referenced as part of the
COZ plat map and at the time of future development of the property,
including during the Site Plan Review process. No construction will
be located in the flood hazard areas.
2) Section 23-2-40.6.5.b — The proposed COZ does not interfere with
the present or future extraction of mineral resources, more so than
the existing zoning. Union Pacific holds the mineral interests on the
property. No concerns were expressed by Union Pacific during the
mineral notification component of this application. Additionally,
when this site was developed in the past via USR, Union Pacific
sent a letter, dated August 5, 2008, waiving the 30 -day notice
requirement prior to the Planning Commission hearing for
Amended AmUSR-1501, further establishing that the mineral
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owner has reviewed this site and does not have an interest in
mineral extraction in this location.
3) Section 23-2-40.B.5.c — The use on the subject property will not
change with the approval of this COZ. The U.S. Department of
Agriculture (USDA) Natural Resources Conservation
Service (NRCS) Custom Soil Report, as submitted in the
application materials, described the property containing a variety of
fine and sandy loam soils that do not inhibit or preclude potential
on -site construction. The West Greeley Soil Conservation District
provided information regarding the soils on the site, which
corroborated the findings of the NRCS Soils Report.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Andersen Properties, LLC, for a Change of Zone,
COZ20-0008, from the A (Agricultural) Zone District and the C-3 (Business Commercial) 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 acknowledge the advisory comments from the City of
Greeley, as stated in the referral response dated November 5, 2020.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The Change of Zone plat shall delineate the following:
1) All sheets of the plat shall be labeled COZ20-0008.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
3) The applicant shall show and label the "No -Development Area" with
a hatched or shaded fill pattern.
4) The applicant shall show and label the Eaton Draw (centerline and
extent of bank).
5) All recorded easements and rights -of -way shall be delineated by
book and page number or reception number.
6) The applicant shall show the floodplain and floodway (if applicable)
boundaries. The applicant shall label the floodplain boundaries with
the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study.
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7) County Road 39.5 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
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. If the existing
right-of-way cannot be verified, it shall be dedicated or reserved per
Weld County Code. The applicant shall also delineate the physical
location of the roadway. Pursuant to the definition of setback in
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.
8) The northern portion of County Road 39.5 is an unmaintained right-
of-way. The applicant shall verify and delineate the unmaintained
right-of-way from the lots to, and including, the connection to the
maintained portion of County Road 39.5. The applicant shall
reference the documents creating the right-of-way. All setbacks
shall be measured from the edge of the right-of-way. This road is
not maintained by Weld County. Any unmaintained road needs to
be located/identified in relationship to the right-of-way. The
applicant shall show and label the right-of-way as "CR 39.5
Right-of-way, Not County Maintained."
9) The applicant shall show and label the existing access and the
usage type(s) (Agricultural, Residential, Commercial/Industrial, or
Oil and Gas). Public Works will review access locations as a part of
the plat submittal.
10) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel.
C. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ20-0008, allows for I-3 (Heavy Industrial)
Zone District uses, which shall comply with the requirements set
forth in Chapter 23, Article III, Division 4 of the Weld County Code,
as amended.
2) Any future structures or uses onsite may be required to obtain
approval through a Site Plan Review or Use by Special Review and
the appropriate zoning and building permits.
3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
4) A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain or floodway as
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delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1533F, dated
September 17, 2020, and LOMR 15-08-573P, dated July 14, 2016
(Eaton Draw Floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of
equipment and materials.
5) FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain
boundaries have been modified.
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) The access will be utilizing unmaintained County right-of-way.
Maintenance of the unmaintained County right-of-way will not be
the responsibility of Weld County.
8) 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.
9) 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.
10) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
11) Prior to the release of building permits, the applicant shall be
required to submit a complete access application for a "preliminarily
approved" access location, as shown on this plat.
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12) 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.
13) The historical flow patterns and runoff amounts will be maintained
on the site.
14) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater
Treatment 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.
15) Activity or use on the surface of the ground over any part of the
On -site Wastewater Treatment System 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.
16) During development of the site, all land disturbances shall be
conducted so nuisance conditions are not created. If dust emissions
create nuisance conditions, at the request of Weld County
Department of Public Health and Environment, a Fugitive Dust
Control Plan must be submitted.
17) 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.
18) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee Impact,
County Facility Fee, and Drainage Impact Fee Programs.
19) 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.
20) 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
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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 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
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. 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. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of February, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dotilwo jC.. eo;ok
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
,ApRyVE
County Attorney
Date of signature: O
oreno, Chair
Steve
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