HomeMy WebLinkAbout20210081.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ20-0007, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE I-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - WESTERN
EQUIPMENT AND TRUCK, INC.
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 6th day of January, 2021, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Western Equipment and
Truck, Inc., 2055 1st Avenue, Greeley, Colorado 80631, requesting a Change of Zone,
COZ20-0007, from the A (Agricultural) Zone District to the I-2 (Medium Industrial) Zone District
for a parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -4059; being part
of the SE1 /4 of Section 11, Township 4 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Eric Wernsman, Wernsman Engineering
and Land Development, LLC, 16495 Essex Road South, Platteville, Colorado 80651, 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 22-2-30.6 states: "Locate urban development in urban
areas." The site is located within the three (3) mile referral area of
the Towns of Milliken, LaSalle, and Gilcrest, and the City of Evans.
The Towns of Milliken, LaSalle, and Gilcrest had no concerns. The
City of Evans had comments in the referral dated, September 24,
2020, that reflected their Notice of Inquiry (NOI) Form. The
proposed Change of Zone is located just outside of the quarter -mile
line of the City of Evans; therefore, the applicant was encouraged
to speak with the City of Evans. Additionally, the property is located
within the City of Evans Coordinated Planning Agreement
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Area (CPA). As part of the pre -application process, Evans
submitted a signed NOI form, which requested the property owner
to consider a pre -annexation agreement. During the duration of the
21 -day period the applicant and City of Evans attempted to create
an annexation agreement but ultimately no agreement was
pursued. Furthermore, the City of Evans Future Land Use Plan,
adopted in 2014, identifies the subject property as Commercial and
Industrial Clean Energy. The City Comprehensive Plan has
designated two (2) similar uses and users for Community
Commercial Centers include commercial activities that serve a
portion of a region comprised of numerous neighborhoods and
employment areas. They may include many of the uses that are
found in Neighborhood Commercial Centers, such as a grocery
store, but typically also include a small department store or
specialty variety store as an additional anchor. Retail and service
uses (i.e., typically a large grocery store, junior department store,
convenience stores, personal and business services and offices,
restaurants, and community facilities). All uses are intended to
serve the community, as well as nearby neighborhoods. The
Industrial Clean Energy designation is intended to provide a
location with an emphasis on renewable energy projects. The site
should be adequately sized to accommodate parking, heavy truck
traffic, loading, storage, open space, and other service needs. Uses
include renewable energy projects and producers of renewable
energy technology are strongly encouraged. Other industrial land
uses are allowed, though petrochemical industries and similar uses
are discouraged. Future development is supportable of these
two (2) land use designations
2) Section 22-2-30.C states: "Harmonize development with
surrounding lands uses."The proposed Change of Zone is adjacent
to U.S. Highway 85 and there are many properties around the
subject property that are being utilized for commercial or industrial
purposes, permitted via a Weld County Site Specific Development
Plan and Use by Special Review Permit. However, the surrounding
lands are zoned A (Agricultural) and numerous parcels have
residences located on them. Through the Site Plan Review process
or Use by Special Review process there are standards and
mitigation practices set in place to ensure the surrounding
properties that are not similar in use are not negatively impacted by
any future use. As stated before, the City of Evans Future Land Use
Plan has lands designated to the northwest of the subject property
as Industrial Clean Energy and these lands will also have design
criteria to go through in order to help with mitigation for surrounding
properties located in the municipal limits and outside.
3) Section 22-4-10.B "Weld County Opportunity Zones" — The
proposal is located within a Weld County Opportunity Zone as
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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 U.S. Highway 85, which is appropriate
transportation infrastructure for industrially -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 lands in the surrounding area are a mix of
commercial and industrial related uses, including: USR17-0003, for an RV
Storage facility, which is located on the east side of U.S. Highway 85, and
MUSR14-0031 for a Mineral Resource Development Facility (Storage)
which is one (1) mile east of the subject property. The Weld County
Industrial Park, zoned I-3 (Heavy Industrial), is located approximately one
(1) mile to the southeast of the subject property. Additionally, the City of
Evans has lands zoned I-3 approximately 0.5 miles to the northwest of the
subject property, per their interactive zoning map.
C. Section 23-2-40.6.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. Water may be provided by the Central Weld County Water District
(CWCWD), which in the referral dated September 23, 2020, had no
comments. An On -Site Wastewater Treatment System (OWTS) may
provide sewer services for the proposed development of the property.
D. Section 23-2-40.6.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone district. The applicant is proposing to access off County Road 35. The
Colorado Department of Transportation (CDOT) has plans to upgrade the
intersection of County Road 46 and U.S. Highway 85, and this may impact
the design of the access to the property. A Condition of Approval has been
added to ensure the applicant acknowledges this potential impact and to
make sure certain property owners work with CDOT on future
development. CDOT had advisory comments on their referral dated
September 24, 2020.
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 23-2-40.6.5.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
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applicant previously reached out to Occidental Petroleum,
Anadarko Oil and Gas OnShore, LP, Kerr-McGee Gathering, Noble
Energy, and PDC Energy prior to submitting the Change of Zone
application, as evidenced in the electronic mail dated
September 30, 2020. During the Site Plan Review or 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 23-2-40.B.5.c — The Soils Survey from the Natural
Resources Conservation Service dated August 20, 2020, indicates
Julesburg sandy loam, Nunn loam and Vona loamy sand were
located. Julesburg sandy loam is the only soil considered somewhat
limited. The other soils encountered are not limited. Future
development will be required to take into consideration any limiting
site factors prior to development.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Western Equipment and Truck, Inc., for a Change of
Zone, COZ20-0007, from the A (Agricultural) Zone District to the I-2 (Medium 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 address the concerns of the Department of Public
Works referral, dated October 5, 2020, relating to access location(s) and
rights -of -way.
B. The applicant shall attempt to address the requirements of Farmers
Independent Ditch Company, as stated in the referral response dated
October 13, 2020. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall attempt to address the requirements of the City of
Evans, as stated in the referral response dated September 24, 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 of the Colorado
Department of Transportation, as stated in the referral response dated
September 24, 2020. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ20-0007.
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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 35 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. 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 46 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a collector 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. 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.
F. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for I-2 (Medium Industrial) uses, which
shall comply with the requirements set forth in Article III, Division 4,
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 Central 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
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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) 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 Department of Public Health and Environment,
Environmental Health Services Division, a Fugitive Dust Control
Plan must be submitted.
7) 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.
8) 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.
9) 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.
10) 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.
11) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
12) 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.
13) 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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14) The historical flow patterns and runoff amounts will be maintained
on the site.
15) 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.
16) 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.
17) 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) 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 120 days from the date of the Board of County Commissioners
resolution. The applicant shall be responsible for paying the recording fee.
3. 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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3. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of January, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dstift, �, JC.�o•�c
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
A�-R E
ounty Attorney
Date of signature:
Steve ► oreno, Chair
S . James, Pr•-Tem
erry L. uck
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