HomeMy WebLinkAbout20211283.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ21-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT -
GERRARD INVESTMENTS, 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 19th day of May, 2021, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Gerrard Investments, LLC,
27154 County Road 13, Johnstown, Colorado 80534, requesting a Change of Zone,
COZ21-0002, 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:
Lot B of Recorded Exemption, RE -4033; being part
of the SW1/4 of Section 18, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Patrick Groom, Witwer, Oldenburg, Barry
and Groom, LLP, 822 7th Street, Suite 760, Greeley, Colorado 80631, 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.B — Locate urban development in urban areas. The
site is located in an urban -scale development area on the Weld
County Comprehensive Plan Map. The site is located within the
Growth Management Area (GMA) of the Town of Johnstown and
within the following Coordinated Planning Agreement (CPA) areas:
Johnstown and Windsor. The proposed Change of Zone is also
located within Greeley's three (3) mile referral area. The subject is
adjacent to railroad infrastructure; an arterial road listed on the
County Functional Classification Map, Colorado Boulevard / County
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Road 13; and, is one half mile (.5) from U.S. Highway 34. Potable
water is provided to the site by the Little Thompson Water District.
The site is located within the three (3) mile referral area and
Coordinated Planning Agreement (CPA) area of the Town of
Johnstown. The applicant was encouraged to consider annexation
to the Town of Johnstown through the preapplication process, in
accordance with the Weld County/Johnstown CPA located in Weld
County Code, Chapter 19, Article XXI. The Town of Johnstown was
contacted on January 21, 2021. According to Section 19-21-50 of
the Weld County Code, the municipality has 21 days from the pre -
application meeting to discuss the opportunity for annexation. The
property owner was not interested in annexation at the time. The
Change of Zone application was accepted by the County on
February 24, 2021, 34 days after the initial contact with the
municipality. Though the property is within the three (3) mile referral
area of the City of Greeley and the CPA area of the Town of
Windsor, the property is not within any identified growth areas of
those municipalities.
2) Section 22-2-30.C — Harmonize development with surrounding land
uses. Transition between land use types and intensities with
buffers. Uses that are incompatible with existing uses must be able
to mitigate conflicts. The Departments of Planning Services and the
Public Health and Environment have provided Development
Standards to mitigate the impacts of land use development and will
provide detailed mitigation requirements through the Site Plan
Review and Building Permit processes. The Cooperative Planning
Agreement with the Town of Windsor found in Chapter 19, Article VI
of the Weld County Code also outlines Common Development
Standards that apply to the site.
3) Section 22-2-40.A - Support compatible economic development
opportunities. Industrial uses are compatible with surrounding rail
and arterial road systems. The infrastructure in this area, including
road and rail improvements, has already been brought up to an
industrial level of service as a result of a recorded Improvements
Agreement. Any existing or proposed uses will be subject to a Site
Plan Review or Use by Special Review, which will require local,
state and federal regulation compliance.
4) Section 22-2-40.A.1 — Identify target areas where the County is able
to encourage shovel -ready commercial and industrial development.
This location is in a Weld County Opportunity Zone.
5) Section 22-2-40.A.5 — Encourage agglomeration economies of
synergistic businesses. Northern Colorado continues to experience
significant growth. Building and road construction require a
dedicated and easily accessible supply of goods produced by
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industrial businesses to meet the demand. There is a current need
for industrially zoned property which is necessary for healthy
economic growth. Fostering the agglomeration of industrial
businesses along established rail lines and major transportation
networks encourages the use of rail for transport of goods, thereby
reducing truck -related traffic, emissions and road damage. Zoning
property for industrial uses along rail lines in close proximity to
major highways and restricting the permitting of industrial uses in
remote areas protects rural property from the encroachment of
incompatible uses.
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 City of Greeley and the Town of Milliken
expressed no concerns with the application in referral responses dated
March 4, 2021, and March 8, 2021, respectively. The property is not within
the Growth Management Area of the Town of Windsor.
County Road 13 and the area around the subject site are encumbered by
three (3) rail lines within one (1) mile and, therefore, is an unlikely location
for residential development. The land immediately to the north of the site is
designated on the Johnstown Comprehensive Plan for "Commercial Mixed
Use" and "Employment". Much of the incorporated land directly to the west
of County Road 13 is being used for industrial, rail -oriented uses and is
zoned "Mixed Use." It is logical the actual expansion of industrial uses will
follow the rail corridor across and remain within one half (.5) mile of County
Road 13. Lands to the south of the site are split by two (2) regional rail lines
and are a mix of industrial and agricultural uses.
Two (2) irrigation ditches are adjacent to the proposed Change of Zone,
the Hill and Brush Ditch Company and the Reorganized Farmers Ditch
Company. A joint referral response dated March 17, 2021, expressed
concern related to water contamination and requested that water quality be
part of any future Site Plan Review on the site.
One letter was received from a surrounding property owner asks for a berm
for visual mitigation, stormwater relocation, and stormwater quality
measures through the site planning process. 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.
Referrals without concerns were received from the following agencies:
Colorado Geologic Survey, City of Greeley, City of Loveland, Larimer
County, Little Thompson Water District, Town of Milliken, and Weld County
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Sheriff's Office. Front Range Fire Rescue, in their March 5, 2021 referral,
did not express concern, but submitted advisory comments regarding site
expansion. The Rock and Rail transloading and batch plant, already zoned
1-3, is directly north of this site. There are other industrial uses to the north,
including two (2) large Use by Right oil and gas facilities, a mini -storage
facility, and a pet crematorium. To the east there is a reservoir and a
handful of agricultural operations with residences. One (1) property to the
east is permitted as an event center via USR15-0028. A gravel mine with
temporary asphalt and concrete batching has been approved to the south
of the site. There are multiple industrial type uses in the area of the site,
in both Weld and Larimer Counties. The aerial map further demonstrates
compatibility.
The existing and 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 already
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. The site is currently served by domestic water from the Little
Thompson Water District via account #832901. The site uses on -site
wastewater treatment for sewage disposal, permit #SP -1600128. No
concerns regarding water or sewer service were expressed by the
Department of Public Health and Environment, in their March 5, 2021,
referral response or by the Little Thompson Water District, in their March 4,
2021, referral response.
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.
1) Section 23-3-330 states: "... Properties zoned 1-3 should be
located near transportation infrastructure such as highways,
railroads, or airports." The property accesses onto County
Road 13 (Colorado Boulevard), classified as an arterial road
on the Weld County Functional Classification Map. Traffic
utilizing the site then travels north to U.S. Highway 34. All
required improvements were made to both County Road 13
and the intersection of U.S. Highway 34 and County
Road 13 and all affected rail crossings by the applicant
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Carly Koppes, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE, COZ21-0002 - GERRARD INVESTMENTS, LLC
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pursuant to an approved and recorded Improvements
Agreement, #2016-3738, Reception Number 4335536.
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 23-2-30.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
airport, geologic, historic, MS4, or floodplain.
2) Section 23-2-30.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 Geotech Report dated
March 11, 2016, and the Soil Report dated February 4, 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. No other potential geologic
hazards were identified.
3) Section 23-2-30.A.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 February 4, 2021, submitted
with the application indicates that most of the property consists of
well -drained soils. The Geology Report, dated March 4, 2021,
submitted with the application indicates that placement of fill is
advised with any new foundation based on soft soils.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Gerrard Investments, LLC, for a Change of Zone,
COZ21-0002, from the A (Agricultural) Zone District to the 1-3 (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 plat shall be amended to delineate the following:
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1) All pages of the plat shall be labeled COZ21-0002.
2) The plat shall adhere to Section 23-2-50.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 13 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as an arterial road, which requires 140 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 or reserved, per Weld County Code. 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.
5) County Road 56 is a gravel 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 on the plat. 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 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.
6) The applicant shall show and label the existing permitted access
point (AP15-00271) and the usage type (Industrial).
B. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ21-0002, 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.
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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.
5) Building Permits may be required for any new construction or set
up manufactured structure, per Section 29-3-10 of the Weld County
Code. A Building Permit application must be completed and
submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit
application. Currently, the following has been adopted by Weld
County: 2018 International Building Codes, 2006 International
Energy Code, 2020 National Electrical Code, and Chapter 29 of the
Weld County Code. A plan review shall be approved, and a permit
must be issued prior to the start of construction.
6) 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.
7) 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.
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) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
10) 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.
11) The historical flow patterns and runoff amounts will be maintained
on the site.
12) Water service may be obtained from the Little Thompson Water
District.
13) 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
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Code in effect at the time of construction, repair, replacement, or
modification of the system.
14) 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.
15) 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 Division, a Fugitive Dust
Control Plan must be submitted.
16) 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.
17) 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.
18) 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. 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.
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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.
6. In accordance with Weld County Code Ordinance #2012-7, approved June 1,
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.
7. The property owner shall be allowed 120 days from the date the Change of Zone
plat is recorded to submit a Site Plan Review application.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of May, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: `/.�(&1/ w �C,LtO•L
Weld County Clerk to the Board
BY
Deputy Clerk to the Boar
APPROVED -y'
ounty ' orney
Date of signature: OS /2-V2-
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Carly Koppes, Clerk and Recorder, Weld County , CO
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